Table 1

Operational definitions of tobacco 21 component indicators

Policy indicatorOperational definition
Policy prohibitionIncludes the terms sale/sell, give, distribute and/or barter
Comprehensive tobacco product definitionRegulates products that ‘contain’, ‘made’, ‘derived’ from ‘tobacco’ and/or ‘nicotine’
Regulates ENDS. ‘ENDS’; ‘electronic nicotine delivery device’; ‘electronic device that delivers nicotine or other substances’; ‘electronic delivery systems’ or ‘electronic smoking devices’
Regulates tobacco product ‘component’, ‘part’ or ‘accessory’
Exempts products authorised for sale as a cessation product, as defined in the Federal Food, Drug and Cosmetic Act
Age verificationRequires seller to obtain age verification
ID request based on appearance age
Appearance age to request for photo identification
SignageSign stating legal age of sale for tobacco products is 21 years
EnforcementPolicy states that enforcement (compliance/inspection) checks will be done
Enforcement agency identified in the law
Identifies no of inspections per retailer
Identifies minimum no of under-age compliance checks/stings per retailer
States age in which under-age compliance check decoy will be
Provides justification for retail inspections/compliance (eg, smoking rates, access rates, location, density, demographics)
Requires reinspection on violation
Compliance reporting required (eg, post in newspaper or on department website)
Includes a tobacco retail licence (TRL) for vendors
Identifies fee for licence
Requires annual renewal of the licence by retailer
Grants authority to enforcement agency/licensing authority to set the licence fee
Violations and penaltiesMonetary non-compliance fine for retailers
Enforces civil or criminal penalty for retailer
Retail penalty/fine structure identified
Sets a minimum fine amount for retailer noncompliance
States penalty fine amount for first, second, third and subsequent violations
States time period for penalty accrual
TRL suspension or revocation
States licence may be suspended due to repeated violations
States licence may be revoked due to repeated violations
Enforces a monetary non-compliance penalty for the clerk
EducationEducation/training mentioned in the policy for retailer/clerk/employees
Education/training/communication mentioned in the policy for the general public
Additional restriction measuresState statute includes additional measures, such as:
flavour restrictions
Distance restrictions (eg, from schools)
Vending machine restrictions to age 21
Restriction of tobacco sales from pharmacies
Military exemptionExempting military members or those with an active duty military ID
Grandfathering or phasing-inPhasing-in enforcement or grandfathering individuals based on age or birthdate
Purchase, use, or possession (PUP) lawsIncludes PUP restriction for under 21 years of age
Pre-emptionCreation of new or expansion of existing restrictions on lower government action
Adoption dateDate policy was signed into law
Effective dateDate when policy did/will go into effect
  • ENDS, electronic nicotine delivery systems.