Health: Penalties rise for sale of illegal tobacco products in the county

Increased fines, penalties to serve as deterrent to youth buying tobacco

By Staff Reports

With a focus on protecting youth, Santa Clara County is cracking down on the illegal sales of tobacco products.

The Santa Clara County Board of Supervisors recently approved significant increases in penalties for retailers who sell tobacco products to minors or market illegal tobacco products.

Dramatically increasing the penalties for businesses that sell tobacco products to minors or retail illegal tobacco products is part of a strategy to protect public health and prevent young people from getting hooked on nicotine. This bolsters the county’s Tobacco Retail Permit program, which bars retailers from selling any tobacco products to people younger than 21. The program also prohibits retailers from selling e-cigarettes and flavored tobacco products, including menthol cigarettes and e-liquids, to anyone, regardless of age.

The updated TRP ordinance will go into effect Oct. 13 for tobacco retailers in unincorporated areas.

The enhanced enforcement of the TRP program includes sharp increases in fines and the permanent revocation of a permit for a third offense.

The revised ordinance mandates the following penalties for permitted retailers who violate the TRP by selling tobacco products to people younger than 21 or selling prohibited tobacco products:

County Supervisor Joe Simitian proposed the changes. He wants the increased fines “to serve as a real deterrent, something that will really help keep folks legal.”

“Too often, businesses see lower-level fines as just a cost of doing business, and then continue to violate the law,” he said.

The use of tobacco products by minors disproportionately affects low-income communities and people of color. In the 2019-20 survey, more than 31 percent of Hispanic high school students said they have ever used tobacco products, the highest of any ethnic group.