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Senate debate fails to restrict youth access to tobacco; SB 185 does not pass

Utah State Senate · February 25, 1994
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Summary

Senate Bill 185, which would have required retailers to place tobacco products behind counters to reduce youth access, failed after extended debate on business hardship and enforcement; roll call was 14–12, with three absent.

Senate Bill 185, a sponsor-driven public-health measure to reduce youth access to tobacco by moving tobacco products behind store counters, failed to pass the Utah Senate on Feb. 25, 1994, following extended floor debate.

Sponsor Senator Baird opened with survey data she said the State Department of Health had collected showing widespread open access at convenience and grocery stores; she told colleagues surveys found approximately 62% of stores had open access and urged placing tobacco behind counters to reduce theft and youth access. "I'm hoping that you will all support Senate Bill 185 and vote to pass it out to limit the access of minors," Baird said.

Opponents including Senator Buck and Senator Ho argued many retailers — especially large-format and limited-space stores — would face undue logistical and financial burdens if required to reconfigure displays or staffing. Senator Black warned the change could be difficult to implement in some retail formats and that employee theft is a known source of product loss.

After argument and a motion to consider the bill under suspension, the roll call showed 14 ayes, 12 nays and 3 absent; the presiding officer announced the bill failed and would be filed.

Next steps: The bill was not enacted and will be filed; sponsors and public-health advocates may pursue other approaches or future legislation.