Synar Survey
Overview
In July 1992, Congress enacted the Alcohol, Drug Abuse, and Mental
Health Administration Reorganization Act (PL 102-321), which includes
an amendment to Section 1926 of the Public Health Service Act (42
U.S.C. 300x-26) aimed at decreasing youth access to tobacco. This
amendment, named for its sponsor, Congressman Mike Synar of
Oklahoma, requires States (that is, all States, the District of Columbia,
Puerto Rico, the U.S. Virgin Islands, and six Pacific jurisdictions) to
enact and enforce laws prohibiting the sale or distribution of tobacco
products to individuals under the age of 18. States must comply with the
Synar Amendment in order to receive their full Substance Abuse
Prevention and Treatment Block Grant (SABG) awards.
On January 19, 1996, SAMHSA published “Tobacco Regulation for
Substance Abuse Prevention and Treatment Block Grants” in the Federal
Register, amending 45 C.F.R. Part 96 to add section 96.130 – State Law
Regarding the Sale of Tobacco Products to Individuals Under the Age of
18 – known as the Synar regulation. SAMHSA subsequently issued and
revised guidance documents, providing instructions to States on
compliance rate goals, use of funds, State reporting requirements,
conforming amendments, and penalties.
Public Law 116-94, signed on December 20, 2019, supersedes this
legislation and increased the minimum age for tobacco sales from 18 to
21. PL 116-94 also amends section 906(d) of the Federal Food, Drug,
2
and Cosmetic Act of 1938, the General Provisions Respecting Control of
Tobacco Products, raising the federal minimum age for sale of tobacco
products from 18 to 21 years and instructing the Food and Drug
Administration to make conforming changes to regulations regarding
sale and distribution of tobacco products to carry out the amendments
made by Public Law 116-94. These conforming changes include
increasing the minimum age of sale for tobacco products from 18 to 21
years of age, increasing the minimum age for age verification by means
of photographic identification from under the age of 27 to under the age
of 30, and increasing the minimum age of individuals that may be present
or permitted to enter facilities that maintain vending machines or selfservice displays that sell tobacco products from 18 years to 21 years of
age.
The annual survey is designed to assess the effectiveness of the State’s enforcement program. It is conducted with youth participants who attempt to purchase tobacco products from randomly selected retailer outlets. The survey produces a probability estimate of retailer's compliance with the tobacco access law.