New Zealand: Store Owners Cry Foul over Tobacco Sting

Source from:  Stuff.co.nz 11/19/2014

Health inspectors say they will continue to target tobacco retailers illegally selling to minors, despite cries of entrapment from those caught in the latest sting.

A record number of retailers were nabbed across the Wellington region last month, with Regional Public Health officials calling the result "incredibly disappointing".

A list of the 20 stores caught - issued under the Official Information Act - includes Ava Foodmarket in Petone, which has been caught selling restricted products to minors four times.

But many retailers who spoke to The Dominion Post blamed trickery for the illegal sales, saying the teenagers used in the sting "looked 30", and had been dressed up to look older than they were. Some denied selling to the teenagers at all.

"I'm very tough on kids, I would never sell to under-18s," Strathmore Dairy owner Anil Pata said.

Pravin and Kalavati Ranchhod, who own the Ava Foodmarket, have been caught selling prohibited substances, including alcohol, synthetic cannabis and, most recently, tobacco. It is the only retailer referred on to the Ministry of Health for possible prosecution.

But Pravin Ranchhod was defiant when approached by The Dominion Post, saying he had been repeatedly targeted and the stings were making his "whole business untenable".

In each instance, he claimed he was tricked. In the latest sting, he said health officials used a "lady" who looked to be over 30.

"The thing was entrapment," he said. "She didn't have a school uniform, she didn't look skinny."

Ranchhod said he had not received an infringement notice and would fight any charges.

The owner of Smile Dairy, also in Petone, said the teenager he sold to had been deliberately disguised, using makeup and adult clothing.

"I do accept it is our fault, but there was a disguise," he said. "I can't really believe she was 16."

But Kristen Foley, who heads Regional Public Health's tobacco control team, said all three teenagers were 16, none were wearing makeup, and all were wearing their own clothing.

"Our intention is not to trick tobacco retailers into selling to minors. Our aim is to test the processes in place."

None of the retailers caught out would be facing fines if they had been following best practice, such as asking for ID from anyone who looked to be under 25, he said.

The last inspection was the biggest yet run in the Wellington region, with more than 50 tobacco retailers hit, but Foley said large-scale operations would continue as long as they proved effective.

Most retailers caught were small owner-operated convenience stores, but among them were some service stations, including two BP stations.

A BP spokesman said the incidents were isolated cases of "bad judgment", with one involving a new staff member. Enditem