Summit County health staff outline tobacco retail enforcement; appeal of enforcement decision set for June 5

Olivia Gunnerson, Summit County tobacco enforcement specialist, told the Board of Health on May 15 that the department's tobacco enforcement work focuses on four areas: retailer permitting, product inspections, underage compliance checks and retailer education.

"Tobacco enforcement in Summit County really, involves 4 main areas," Gunnerson said, explaining that the county currently licenses 39 retailers (37 general retailers and two retail tobacco specialty businesses) and performs annual product inspections and twice-yearly underage compliance checks conducted with local law enforcement.

Gunnerson described the compliance-check program and penalty process: law enforcement trains an underage buyer, accompanies them to stores and, if a sale is made, the county initiates civil penalties while law enforcement may pursue criminal charges. She said retailers can reduce civil penalties by at least 50% if they institute employee training within 30 days or already have a training program and that the department's goal is preventing underage sales rather than collecting fines.

She told the board that, since she began in the role 18 months ago, the county recorded one underage sale last summer and three during checks conducted in December. Gunnerson also said product inspections vary by store type and can take 10—15 minutes for a grocery store and up to 45 minutes for a vape shop.

Board members and staff discussed enforcement tools. County staff and board members noted state and federal requirements set the age at 21 and that Utah code and federal funding conditions shape compliance-check timing and reporting. Board staff said they are working with the county attorney to clarify code language that could give the health department clearer authority to suspend permits more quickly for specialty retailers.

The board was told an enforcement decision made by the department and upheld by the county health officer has been appealed. The Board will hear that appeal at a formal administrative hearing on June 5; county legal counsel will provide representation and a county attorney will administrate the hearing under state statute procedures for tobacco appeals.

What's next: The appeal is scheduled for the Board's June 5 meeting packet; the board said it will need a quorum for that hearing. The department said it will continue quarterly education outreach to retailers and pursue code language changes to clarify suspension authority.