Opinion No. (2003)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE DARIO FROMMER, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: Under the Stop Tobacco Access to Kids Enforcement Act, what constitutes an "appropriate database of government records" that may be used by a distributor, direct marketing firm, or other entity for the purpose of verifying the age of a purchaser of tobacco products? CONCLUSION Under the Stop Tobacco Access to Kids Enforcement Act, an "appropriate database of government records" that may be used by a distributor, direct marketing firm, or other entity for the purpose of verifying the age of a purchaser of tobacco products is a compilation of information obtained from records maintained by a local, state, or federal government agency that provides evidence of whether a person's age is 18 years or older. ANALYSIS In 1994, the Legislature enacted the Stop Tobacco Access to Kids Enforcement Act (Bus. Prof. Code, §§ 22950 - 22963 ; "Act") 1 to help prevent the purchase and use of tobacco products by minors. Section 22951 states: "The Legislature finds and declares that reducing and eventually…