Tighter regulations on the display and sale of tobacco products are being drawn up by the Davis County Health Board, rules that could spark a skirmish between health officials and retailers.
And while county officials say the initiative is limited to Davis County, there appears to be statewide interest, pro and con, on the proposal.No draft of the new rules has been released yet because health department director Dr. E. Arnold Isaacson said they are still being refined. Comments at a recent health board meeting indicate the regulations will require all tobacco products to be kept behind a secure counter, available only to a clerk.
No countertop or aisle-end racks would be allowed, partly to reduce underage users from shoplifting tobacco products. Cigarette theft, health officials say, increases when sales restrictions are enforced.
Sources in the health department familiar with the draft say it also requires retail tobacco sellers to obtain an annual permit, which can be revoked for violations of the access or sales regulations. Revocation would mean the retailer would be barred from selling tobacco products.
Retailers receive between $40 and $50 per month from tobacco companies for using special display racks, according to health officials, who expect a proposal to ban them will create intense opposition from some retailers.
A draft of the proposed regulations will be available at the health board's Dec. 24 meeting, and a public hearing on the proposed regulations is set for Jan. 9.
The approach has been low-key, according to some state health officials, because they fear retailers may lobby the Legislature to pre-empt the legal power that county health boards have to enact such regulations.
But retailers have gotten wind of the proposal and say they want to be heard on it.
Jim Olsen, president of the Utah Retail Grocers Association, said he heard about the proposal on Wednesday and hasn't had a chance to check into it yet. But his group opposes any measure that puts one retailer at a competitive disadvantage, Olsen said, and will want to have input into the regulations.
Isaacson said the regulations are being researched by county attorneys to "have the legal bugs combed out. We've had three drafts in the last 60 days, so I can't be specific about what the regulations contain until we're ready for public comment."
Isaacson said before drawing up his draft, he consulted with health directors from around the state. While Davis County appears to be leading the way on the proposals, Isaacson said other counties may follow its example.
"This is a Davis County initiative at this point," said Isaacson. "Other counties have been free with their counsel and advice, but doing it is up to them.
"But what I would eventually like to see is tobacco products restricted from underage users in every county in the country."
Olsen said he's heard of tobacco access restrictions being proposed in other parts of the country, but he's not aware of any that have been adopted.
Not having seen a draft of the Davis proposal, Olsen said he can't comment on it specifically. But his group is interested in any proposal that affects retail grocers, and one of this type could do that, he said.
"Our association has traditionally been concerned about such laws and regulations, ones that force some retailers to be at a competitive disadvantage," said Olsen.
Physically restricting how tobacco products can be displayed and sold could force some stores into major remodeling. Others that can't afford to do so would either close or stop selling tobacco products, he said.
"We want ordinances to be fair and equitable to all retailers. We also want to see the figures where the costs involved justify the results," said Olsen.
"And then, what product is next? Airplane glue because some kids buy it and sniff it? Beer? You can make a case for abuse for almost any product there is," said Olsen.
"Eventually, you could return to the era of the general store, where the customer walks in with a list, hands it to the clerk behind the counter, and the clerk fills the order."