Compliance Checks

A compliance check is an unannounced, structured inspection of a permitted retail tobacco establishment where a trained Underage Purchaser, under the supervision of a trained adult, attempts to purchase a tobacco/vape/nicotine product. Municipalities funded through MTCP are required to conduct specific compliance checks during specific times of the year.

Data forms to be used for Retail Store Inspections and Compliance Checks can be obtained by contacting Sarah McColgan at smccolgan@mhoa.com.

Check with your municipality as to what their requirements are for automobile insurance coverage. Program funds can be utilized to pay for additional required insurance coverage if you are a DPH/MTCP funded program.

Your municipality will need a physical location to safeguard purchased tobacco/vape/nicotine products as evidence. A locked desk, file cabinet or safe will provide the safeguards needed.

The Food & Drug Administration (FDA) also conducts compliance checks across the state each year.  If your municipality is visited in a particular month, and if there are sales to a person under 21, the sale will be reported to you by MHOA.  There is significant lag time, and the FDA inspectors have not been appointed by your board.  For these reasons it is not recommended that you conduct enforcement actions (fines/suspensions) on any FDA violations.  Keeping a copy of the record from the FDA website will assist in providing historical perspective of that establishment.  To view the results of FDA compliance checks in your municipality visit: timp-ccid.fda.gov 

Prior to conducting a compliance check with Underage Purchasers, you must obtain consent signed by the Underage Purchaser’s parent/guardian, if the Underage Purchaser is under 18 years old; and a buyer’s agreement, signed by the Underage Purchaser. Prior to using either of these documents, please have them reviewed by your Town Counsel/City Solicitor.

Samples are below, as are an application and a medical release (not required).

The Commonwealth of Massachusetts utilizes a data system called POST (Point of Sale Toolkit) which has been developed by Counter Tools, out of the University of North Carolina (www.countertools.org and www.countertobacco.org).

Note: If you would like to include your data in the state database, contact Sarah McColgan at smccolgan@mhoa.com for links to the self-directed trainings and access for your municipality.

Along with training current board of health staff, MHOA works with local boards of health to identify trained inspectors that can engage in agreements with municipalities to conduct a variety of services, including merchant education, retail tobacco inspections and compliance checks, as needed by individual boards. For the most part, these inspectors are people who work in tobacco control, have been trained in conducting these activities, and have access to trained Underage Purchasers to assist with compliance checks. Financial negotiations and renumerations to these inspectors are the responsibility of the contracting municipality.