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NACS COMBATS NEW ANTI-SMOKING ACT

ARLINGTON, Va. -- The National Association of Convenience Stores (NACS) here has come out against the proposed Youth Smoking Prevention and Public Health Protection Act, introduced to Congress in June.The legislation would establish federal regulation of the sale of tobacco -- the primary point of contention for the NACS, according to Alison Shulman, director of government relations. Placing tobacco

ARLINGTON, Va. -- The National Association of Convenience Stores (NACS) here has come out against the proposed Youth Smoking Prevention and Public Health Protection Act, introduced to Congress in June.

The legislation would establish federal regulation of the sale of tobacco -- the primary point of contention for the NACS, according to Alison Shulman, director of government relations. Placing tobacco sales under federal jurisdiction will add an unnecessary layer of costly regulatory expense for retailers, Shulman said.

The additional costs and fines could potentially drive small businesses out of business, she said.

Retailers have been successful in substantially reducing the sale of tobacco to minors in recent years, members of the association noted, proving the efficacy of state-regulated efforts to curb youth smoking.

"Federal money should be put toward helping retailers do their job," Shulman said. "This money could go toward creating uniformity of state driver's licenses, or making the verification information electronically available to clerks."

The NACS would also support legislation to create a standard that state programs must meet, she added.

The current legislation also calls for nine new warning labels on individual packs. The act stipulates that all nine labels must be visible in equal quantity at all times in a retail situation. Spatial constrains pose an obvious problem, Shulman said.

In addition, the proposed act does not outline uniform standards across channels, further hampering the competitive position of convenience stores and supermarkets alike, Shulman said. For example, outlets located on Native American land are exempt from federal jurisdiction, while the online market continues to flourish tax-free.

One of the most successful tactics in the war against underage smoking has been the provision of incentives to retail clerks. Some stores have implemented internal sting operations, Shulman said. If an employee passes the internal sting, he or she may receive movie tickets or monetary compensation.

"At some point, the owner of any given retail establishment must hand the reins over," Shulman explained. "Clerks must be made to feel responsible."