Report 2012-111 Recommendation 7 Responses

Report 2012-111: California Department of Public Health: It Needs to Improve Accuracy in Accounting and Charging for Compliance Inspections Designed to Reduce Youth Access to Tobacco and It Could Enhance Its Compliance Inspections (Release Date: June 2013)

Recommendation #7 To: Public Health, Department of

To ensure that Public Health can more effectively monitor and enforce compliance with the STAKE Act, it should annually obtain the identifying information regarding the retailers that sold tobacco to minors during the annual retailer assessment and provide that information to the Food and Drug Branch.

Annual Follow-Up Agency Response From October 2015

The CSUS IRB protocol incorporates sharing information on violating stores with the CDPH, Food and Drug Branch (FDB) and includes a statement on the consent form indicating that information gathered from the YTPS may be used for future research purposes. An exemption from full review signifies that the CSUS IRB does not see any problems with CTCP sharing information on violating stores with FDB nor with information gathered from the YTPS being used for future research purposes.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented


Annual Follow-Up Agency Response From October 2014

The status of this recommendation is unchanged.

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented


1-Year Agency Response

CDPH has partially implemented this recommendation.

In conjunction with an annual report to the federal government and an annual summary of YTPS results provided to the Board of Equalization (BOE), TCB will ensure that the names and addresses of retailers who sell tobacco to minor decoys during the annual YTPS are provided to FDB via encrypted electronic data transfer or via secure email or password-protected SharePoint site. This is consistent with CDPH Information Technology Services Division (ITSD) security best practices. Beginning with the 2014 YTPS, TCB will provide a list of violating retailers names and addresses directly to FDB no later than July 31st of each year.

This recommendation will be fully implemented once all data on violating retailers are shared with FDB.

California State Auditor's Assessment of 1-Year Status: No Action Taken


6-Month Agency Response

CDPH will implement this recommendation. In conjunction with an annual Synar report to the federal government and an annual summary of Youth Tobacco Purchase Survey (YTPS) results provided to the Board of Equalization (BOE), TCB will ensure that the names and addresses of retailers who sell tobacco to minor decoys during the annual YTPS are provided to FOB via encrypted electronic data transfer or via secure email or password-protected SharePoint site, consistent with CDPH ITSD security best practices. Beginning with the 2014 YTPS, TCB will provide a list of violating retailers' names and addresses directly to FOB no later than July 31st of each year.

California State Auditor's Assessment of 6-Month Status: No Action Taken


60-Day Agency Response

In conjunction with an annual Synar report to the federal government and an annual summary of YTPS results provided to the Board of Equalization (BOE), TCB will provide the names and addresses of retailers who sell tobacco to minor decoys during the annual YTPS to FDB, following one of the secure processes enumerated in Response 6. Beginning with the 2014 YTPS, TCB will provide a list of violating retailers' names and addresses directly to FDB no later than June 30th of each year.

California State Auditor's Assessment of 60-Day Status: No Action Taken


All Recommendations in 2012-111

Agency responses received are posted verbatim.