Best Practice:

Health Department or Designated Agency

Delaware Enforcement:

Delaware’s Department of Safety and Homeland Security is the designated enforcement agency

Best Practice:

Before distributing any tobacco product, the tobacco retailer or the tobacco retailer’s agent or employee shall verify that the purchaser is at least 21 years of age. Each tobacco retailer or tobacco retailer’s agent or employee shall examine the purchaser’s government-issued photographic identification if the purchaser appears to be under 30 years of age.

Delaware Enforcement:

ID check is required for any purchaser that appears to be under 30 years of age

Best Practice:

The primary burden for sales to underage purchasers should fall on the retailer who is profiting from the sales of the product and not the purchaser or non-management employee.

Delaware Enforcement:

Penalty placed on “Person”

Best Practice:

Provide authority for the state, county, or municipality to inspect tobacco retailers for compliance with MLSA 21 and a mandated minimum number of annual compliance checks. Model recommends two per year for every tobacco retail establishment.

Delaware Enforcement:

Delaware conducts one compliance check per retailer per year

Best Practice:

The designated agency shall conduct compliance checks by engaging persons between the ages of 18 and 20 to enter the tobacco retail establishment to attempt to purchase tobacco products.

Delaware Enforcement:

Decoy age is to be under 21 years of age with no minimum age specified

Best Practice:

A comprehensive tobacco retail license allows states and municipalities to regulate all tobacco retailers, fund enforcement programs, and create a penalty structure that suspends or revokes a license for retailers that continue to violate a MLSA 21 law.

Delaware Licensing:

Delaware has a statewide comprehensive Tobacco Retail License

Best Practice

The fee for a tobacco retail sales license shall be set and used to cover the administrative cost for licensing administration, education and training, retail inspections, and unannounced compliance checks. The tobacco retail sales license fee should not exceed the cost of the regulatory program authorized beyond the statute/ordinance.

Delaware Licensing:

It is unclear if Delaware’s Tobacco Retail License fee covers the enforcement program

Best Practice:

An effective licensing system requires tobacco retailers to pay an annual license fee and allows it to be periodically adjusted. Fee must be adequate to cover License administration, education/training, and enforcement. An annual fee of lower than $300 is generally inadequate to fund a licensing program.

Delaware Licensing:

Delaware’s Tobacco Retail License fee is $50 and renews annually

Best Practice:

Establish a civil penalty structure for violations rather than a criminal penalty structure.

Delaware Penalties:

Civil penalty structure

Best Practice:

36 months

Delaware Penalties:

Delaware has a 12-month violation accrual period

Best Practice:

1st violation = $500
2nd violation = $750 and (7) day suspension
3rd violation = $1,000 and (30) day suspension
4th violation = $1000 and (3) year suspension

Delaware Penalties:

1st Violation = $250 fine
2nd Violation = $500 fine and may have license suspended for up to 6 months
3rd Violation and subsequent offenses = $1,000 and may have license suspended for up to 6 months

Best Practice:

An evidence-based, best practices tobacco MLSA 21 policy should focus penalties on the tobacco retailer who profits from the illegal sale rather than the youth who is likely addicted to the product. PUP laws may be unlikely to reduce youth smoking significantly.

Delaware Penalties:

Delaware has no laws penalizing youth for purchase, use, or possession (PUP) of tobacco products

Best Practice:

Local governments have a critical role in reducing the deadly toll of tobacco by regulating sales and restricting youth access to these products to prevent use and addiction.

Tobacco 21 legislation should not introduce new tobacco control preemption, nor expand existing tobacco control preemption, and instead should be used as an opportunity to assert local authority or repeal existing tobacco control preemption.

Delaware Preemption:

Preemption existed prior to the passage of Delaware’s Tobacco 21 law

Best Practice:

A comprehensive definition will cover all current, known tobacco and nicotine products, which include not only cigarettes, cigars, and smokeless tobacco, but also products like pipes, rolling papers, electronic smoking devices, and other related devices. A strong definition will also be broad enough to capture future products.

Delaware Definitions:

Delaware’s Tobacco 21 law includes comprehensive definitions