WASHINGTON, D.C. – The U.S. Food and Drug Administration (FDA) is announcing the availability of a guidance for tobacco retailers: "Tobacco Retailer Training Programs."

The Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) does not require retailers to implement retailer training programs. However, the law does provide for lower civil money penalties for violations of sale and distribution, including youth access, advertising, and promotion restrictions issued under the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Tobacco Control Act, for retailers who have implemented a training program that complies with standards developed by FDA for such programs. FDA intends to issue regulations establishing standards for approved retailer training programs.

However, in the interim, the agency is issuing this guidance to provide recommendations on elements the FDA believes should be included in a retailer training program. Until FDA issues these regulations, the agency intends to use the lower maximum civil money penalties schedule for all retailers who violate the regulations restricting the sale and distribution of cigarettes and smokeless tobacco products (part 1140), whether or not they have implemented a training program.

The FDA may consider further reducing the civil money penalty for retailers who have implemented a training program. In the Federal Register of July 16, 2010 (75 FR 41498), FDA announced the availability of a draft guidance entitled “Tobacco Retailer Training Programs.” The guidance represents the Agency's current thinking on tobacco retailer training programs. Download a copy of the guidance.