Policy and Enforcement
Federal Law:
Federal Minimum Age of Sale of Tobacco Products is 21. (effective December 20,2019)
According to the FDA, the law prevents:
- Tobacco sales to minors under the age of 21
- Tobacco vending machine sales
- Sales of packages of fewer than 20 cigarettes
- Tobacco sponsorships of sports, entertainment, or social events
- Free giveaways of sample cigarettes and brand-name non-tobacco promotional items
*except in adult-only facilities
The Act also:
- Requires smokeless tobacco product warning labels
- Ensure that claims about reduced health risk are supported with research evidence
- Requires listing of ingredients in tobacco products
- Preserves State, Local, and Tribal authority
You can report a potential tobacco product sales violation to the FDA in just minutes.
Report online or Call the FDA at 1-877-CTP-1373 (1-800-287-1373)
Master Settlement Agreement and FDA Youth Sale Law Enforcement
As part of the Master Settlement Agreement (MSA) and the U.S. Food and Drug Administration's efforts to prevent illegal sale of tobacco products to underage youth, Health Promotion Council and our regional partners conduct periodic "undercover buys". Accompanied by an adult (though they might not enter the store toegether), a 15-20 year old employee will attempt to purchase tobacco without a valid form of photo identification. If the merchant makes the sale, they are later notified and fined. The youth attempting to make the illegal purchase may ask for cigarettes, cigars, blunts, or e-cigarettes/vaping products.
Store clerks are required to ask for ID. If they sell to the youth with or without ID, there is a citation, and the City or Town officials are notified. Youth interested in working on this project may also contact us.
State Law:
Act 112 of 2002
Act 112 of 2002, an Act amending Titles 18 and 53 of the Pennsylvania Consolidated Statutes, prohibiting the sale of tobacco to those under the age of 21. In 2002, Pennsylvania's Act 112 amended Section 6305 of the Crimes Code and created new fines for clerks and owners of tobacco retail stores. In November of 2019, Governor Tom Wolf signed legislation that prohibits the sale of any tobacco, nicotine or related item to anyone under 21 years of age.
The Act:
- Prohibits sales of tobacco products to a minor (individual under 21 years of age).
- Prohibits the furnishing of a tobacco product to a minor (selling tobacco to a minor).
- Prohibits vending machines to be in any place where a minor can gain access without the supervision of a parent or guardian.
- Restricts displaying or offering for sale a cigarette out of a pack.
- Restricts access to tobacco products by non-employees.
The goal of this Act is to decrease access to tobacco products for youth and ultimately end illegal tobacco sales to and use by minors in Pennsylvania. In response to this Act, the Pennsylvania Department of Health conducts compliance checks at tobacco retailers across the state to make sure tobacco products are not sold to minors.
To report a youth tobacco sales violation to local authorities, SUBMIT A VIOLATION REPORT HERE.
Call 1-888-99-SMOKE(76653) and leave a message or Text "smoke" to 474747.
Clean Indoor Air Act
The Clean Indoor Air Act (CIAA), Act 27, signed in 2008, makes it illegal to smoke in a public place or workplaces. The Act also defines what is a "public place", provides a list of examples. Unfortunately, there are some exceptions including private residences (not including apartments or licensed child care facilities), private social clubs and functions "where the site involved is under the control of the sponsor (except where the site is owned, leased, or operated by a state or local government agency) and a wholesale or retail tobacco shop".
The Act is enforced by compliance checks, as well as financials penalties for those establishments or individuals smoking in prohibited areas. For more information about the CIAA please visit the PA Department of Health website or our partners at Clean Air Council.
Please send us reports of violations of indoor smoke-free laws or youth sale laws, the sale of loosies, or any other tobacco-policy related questions or concerns you may have. Thank you!
Young Lungs at Play (YLAP) is a statewide iniaitved aimed at reducing youth and community members exposure to second-hand smoke, tobacco-related litter, and provide clean and healthy areas to play and exercise. Cities, towns, municipalities that wish to become "YLAP Communities" by implementing a smoke/tobacco-free policy.
Services provided to interested communitities include:
- Assistance in developing a policy, ordienance, or resoluation for smoke/tobacco-free parks
- Speaking at municiplaity and community meetings about the benefits of smoke-free parks
- Media promotion of newly adopted policy
- Free heavy duty metal signs to be displayed at parks
Download the YLAP Toolkit for resources.
(Toolkit is an Enhanced PDF and must be downloaded to computer and opened - preview in web browser will not display correctly.)
Interested in joining YLAP? Contact us.
For more information, please visit the PA Department of Health YLAP Page.
There is no safe-level of secondhand smoke exposure. Secondhand smoke contributes to over 40,000 deaths among nonsmokers. Smoke-free housing can save lives, improve quality of life, encourage quitting, and save money.
Find out more about why Going Smoke Free Matters in Multi Unit Housing!
For Property Owners/Managers
Considering making your property smoke-free or need assistance improving or enforcing your current smoke-free policy? Help is available!
SEPA Tobacco Control Project offers:
- Smoke-free Policy development
- Planning and implementation
- Communication with staff and residents
- On-site tobacco cessation resources and referrals
- Ongoing assistance for policy enforcement
- Free heavy duty metal signage indicate a smoke-free building
Interested in going smoke-free?
- Contact Us to assist you getting started.
- Join our quarterly smoke-free housing enforcement calls by contacting Thurm Brendlinger
Resources:
- Smoke-Free Multi Unit Housing Enforcement Guide
- American Nonsmokers Rights Foundation’s Frequently Asked Questions from Housing Providers About Smokefree Buildings.
- American Nonsmokers Rights Foundations Tips for Housing Providers Talking with Residents about Your Buildings Smokefree Policy.
- Economic Benefits of Smoke-free Housing.
For Residents
It only takes one smoker in a multi-unit building to cause health problems for everyone. You have the right to breathe clean air.
- Is secondhand smoke infiltrating your apartment or condominium? Click here to see steps you can take to protect you and your family.
- Need assistance dealing with secondhand smoke in your residence, contact us.
Smoke-Free Public Housing
The Department of Housing and Urban Development has issued a final rule and is requiring all publicly-funded housing become smoke-free. We can help you understand and meet the requirements, enforcing the policy, as well as provide signage.
- Learn about "reasonable accomodations" here.
- Guide to Implementing HUD’s Smoke-Free Policy in Public Housing.
Efforts by the City of Philadelphia Department of Public Health, Smoke-Free Philly and the SEPA Tobacco Control Project (a program of Health Promotion Council) to ensure clean, breathable air to residents of multi-unit housing buildings were recently featured on Philly.com.