“Alcohol is a unique product and should be regulated differently than other products by the States and Federal Government. States have primary authority to regulate alcohol distribution and sale, and the Federal Government should support and supplement these State efforts. States also have a responsibility to fight youth access to alcohol and reduce underage drinking. Continued State regulation and licensing of the manufacture, importation, sale, distribution, transportation and storage of alcoholic beverages are clearly in the public interest and are critical to promoting responsible consumption, preventing illegal access to alcohol by persons under 21 years of age from commercial and non-commercial sources, maintaining industry integrity and an orderly marketplace, and furthering effective State tax collection.” PL-109-422
The Sober Truth on Preventing Underage Drinking Act or “STOP Act” was signed into law by President Bush becoming Public Law 109-422 on December 20, 2006. This law was made possible through the work of a collective body of industry partners, advocacy organizations, state regulators and dedicated legislators who all had a desire to further prevent underage drinking.
While the work to pass this historic legislation is complete, the efforts to properly implement the directives of this legislation are just beginning. The legislation has many components to address youth access to alcohol and underage drinking.
State’s Rights Affirmation
As noted above, the STOP law recognizes the “unique” nature of alcohol and the states primary role in regulating the manufacture, importation, sale, distribution, transportation and storage of alcohol within its borders. This is an important reminder that elected state legislatures, and their regulators, not unelected federal judges are to make alcohol policy for each state. The laws in Utah are different than the laws in New York and the 21st Amendment created this ability for different approaches to addressing this unique product.
STOP Act Provisions
STOP is a mix of federal and state requirements. However, the states have a unique opportunity to work with their federal partners to highlight their efforts to combat alcohol.
The new law amends the Public Health Service Act and establishes:
The permanent establishment of the federal Interagency Coordinating Committee on the Prevention of Underage Drinking (ICCPUD) which has been in existence on an interim basis since 2004.
The requirement that the federal Department of Health and Human Services (HHS) submit two reports to Congress annually.
The requirement that the federal Department of Health and Human Services (HHS) submit two reports to Congress annually.
The second report is a report on each individual state’s performance in enacting, enforcing and creating laws, regulations and programs to combat underage drinking. Each state’s report is to include but not be limited to these nine key areas:
- Whether the state has comprehensive underage drinking laws addressing the illegal sale, consumption, possession and providing of alcohol to minors and how prevalently these laws are enforced.
- Whether the state has liability statutes such as dram shop and social hosting laws and how prevalently these laws are enforced.
- Whether or not the state conducts enforcement efforts at retail outlets with the number of these checks being compared to the number of licensed retailers within the state.
- Whether the state mandates or encourages training on the proper selling and serving of alcohol by retailers.
- Whether or not the state has policies and regulations with regard to direct sales to consumers and home delivery of alcoholic beverages.
Whether or not the State has programs or laws to deter adults from purchasing alcohol for minors; and the number of adults targeted by these programs.
Whether or not the state has programs targeted to youths, parents and caregivers to deter underage drinking.
Whether the state has enacted graduated drivers licenses and the extent of those provisions.
The amount the state invests, per youth capita, on the prevention of underage drinking, to include; compliance check programs, checkpoints, community or school-based programs, juvenile justice prevention programs and other state actions as deemed appropriate.
There were several new funding provisions also included in the STOP Act that are to be appropriated for the years 2007-2010 to be used for the following purposes:
- Continued Support for the creative elements of a media campaign to raise adults’ awareness of issues associated with underage drinking ($1 million annually).
- Community-based coalition enhancement grants to prevent underage drinking ($5 million annually).
- Grants directed at preventing and reducing alcohol abuse at institutions of higher education ($5 million annually).
- Additionally, HHS is appropriated $1 million annually, presumably to manage the ICCPUD and to prepare the annual reports required by this law.
Each of these authorizations includes detailed requirements concerning the use of the funds and what entities are eligible for the monies. As of now, no new appropriations have been specified for this bill. Moreover, organizations receiving money under the Drug Free Communities Act are given priority. Congress has indicated that it will fund SAMHSA at FY06’s level. It is unclear whether any funding will be given for these new provisions prior to the FY08 fiscal year which starts on October 1, 2007.