Store Clerk Facing Fine for Tobacco Infraction

Source from:  muskoka-news.com by Jacqueline Lawrence Feb 27, 2008  02/28/2008

Gagnon's Your Independent Grocer in Bracebridge has adopted a rigorous new identification policy after one of its store clerks was charged for selling tobacco to a minor. The charge was reportedly laid earlier this month following a sting operation by the Simcoe Muskoka District Health Unit. John Niddery, health unit tobacco program supervisor, said a health unit "test shopper" accompanied a minor to the store, where a clerk later sold cigarettes to the underage youth. The clerk was charged under the Smoke Free Ontario Act with a $365 fine, he said. Niddery said the incident marks the second time a clerk at Gagnon's has been caught selling cigarettes to minors within the past five years. The grocery store has since posted signs asking patrons of all ages for identification when purchasing tobacco products. Guy Gagnon, store owner, declined to comment on the new policy. According to the Smoke Free Ontario Act, an individual convicted twice under the legislation can face a maximum fine of $20,000. A corporation convicted twice under the act can face a maximum fine of $50,000 and/or a six-month prohibition on tobacco sales. The health unit tends to seek prohibitions on tobacco sales as opposed to larger fines for offending retailers, Niddery indicated. "The big sanction is the automatic prohibition, because it can cost a retailer a lot of money," he said. According to Niddery, the health unit regularly tests all tobacco retailers in Simcoe and Muskoka to ensure that tobacco products are not being sold to individuals less than 19 years of age. Test shoppers are health unit employees authorized to lay provincial offences charges. Enditem