By Susan Loyer@SusanLoyerMyCJ

SAYREVILLE – The borough council has banned the sale of tobacco products to those under 21 and some are hoping the state follows suit.

“My mom and dad died of heart disease in their early 60s and it was attributed to smoking,” said Councilman David McGill, who sponsored the ordinance. “A very good friend, who was a heavy smoker, died from lung cancer when he was 38. When you see what cancer, especially lung cancer, does to members of the family you have to do whatever you can to stop youngsters from smoking. This is a deterrent. I know if these kids want to get it, they are going to get it, but at least we stand fast saying this is something that is not good for you. This can eventually kill you. This can break your families’ hearts.”

The borough council approved the measure by a vote of four to two on Monday. Council members Lisa Eicher and Art Rittenhouse cast the dissenting votes.

Under the ordinance, retail establishments must post signs at least 6-inches by 8-inches where tobacco products or nicotine delivery products are displayed, as well as at all check-outs, notifying customers that proof of age is required to purchase the products. Clerks must verify ages and products cannot be sold to anyone under 21 — even with a note from an adult requesting the sale.

Under the ordinance, anyone selling tobacco products or nicotine delivery products must first read the Board of Health regulations and state laws pertaining to the sale of such products and sign a statement acknowledging that they have read the regulations. The statement will be supplied by the Board of Health and kept on file at the establishment subject to review by the Board of Health.

McGill said as of yet there are no set fines in place if the ordinance is violated.

While the ordinance may impact the bottom line for some businesses, McGill said he feels it is an important measure needed to deter smoking.

“There was no evil intended,” he said. “I do feel for them with their profits, but I also feel for the families who have sons and daughters trying to sneak cigarettes. I am all for businesses making money, but at the same time I can give that same argument with the sale of alcohol. That’s why they put the age back to 21.”

He also said he applauded businesses, such as CVS, for stopping the sale of cigarettes in stores.

McGill said he also heard the argument that veterans returning from war will not be able to purchase cigarettes in the borough.

“I just don’t want them to find a spot on their lung in 20 years,” he said, adding that smoking also impacts the cost of medical care.

The new ordinance will be implemented slowly, McGill said.

“We’ll have a soft sell in the beginning to give businesses a chance to acclimate themselves with this,” he said. “It won’t require any extra training. They already do this with alcohol. All I’m asking is that they do the same for cigarettes.”

But not everyone believes the new ordinance is fair.

Rittenhouse, who voted against it, said it will impact the bottom line of local businesses.

“People will go out of the borough to get cigarettes,” he said. “It’s going to hurt our local business. We had people testify from the gasoline retailers association and small business association, who said 50 percent of their business is in tobacco. It’s not necessarily 18 to 20-year-olds, but that is still a large portion of their business. The New Jersey Food Council sent a letter indicating the problems small business have because now they have to put up these new signs.”

Some have said that the ordinance is unfair because veterans returning from Afghanistan or Iraq can’t buy cigarettes in their hometown, Rittenhouse said.

“It seems like all of sudden the council wants to tell residents what to do rather than give them choices,” he said. “None of us are against keeping people healthy or are promoting smoking. That doesn’t really enter into the discussion. It’s just not fair to the business owners in Sayreville. If it was a state law, then everyone would be on a level playing field. Right now we are not.”

Sal Risalvato, executive director of the New Jersey Gasoline, Convenience, Automotive Association also took issue with Sayreville as well as Englewood’s decision to raise the minimum age to purchase tobacco to 21.

“Many people deplore the use of tobacco products,” he said. “I am one of them. However, it is the right of every adult consumer to decide which products to indulge in, and which to abstain from. This Sayreville ordinance removes that freedom of choice from legal adults, who are old enough to sign a contract, get married, or go to war, yet are apparently incapable of deciding whether to use tobacco products.”

Risalvo also said “I feel wholeheartedly that children should not have access to tobacco products. However, that is not the demographic that the ordinance targets. We are talking about 19 and 20 year old adults. And while this ban imposes a slight burden on those legal tobacco purchasers, the small-business owners will bear the brunt of this nonsensical Council decision.”

Statewide, Sens. Joseph Vitale, D-19th District, and Richard J. Codey, D-27th District, sponsored legislation that would raise the minimum age for the purchase and sale of tobacco products and electronic smoking devices from 19 to 21. The bill passed the Senate. It is now before the Assembly.

“National and statewide statistics show smoking is on the rise for young people between the ages of 16 and 21,” Vitale said. “I just hope it would prevent some younger people from smoking in the first place. I know when you’re 18 and 21 you’re an adult. You can join the service. I’ve heard those arguments and they are good arguments, but cigarettes will eventually kill you.”

Vitale said he is targeting the under 21 crowd because most smokers start in their teens and early 20’s and then they are hooked.

And, according to such groups as the American Cancer Society and American Heart Association, if you don’t start smoking by 21, you’re not likely to start, he said.

“It’s the only legal addictive substance drug that can kill you,” Vitale said. “The addiction is stronger than a heroine addiction. The legislation is not a panacea. I think it’s just another step that will help.”

Vitale said the impact to businesses would be miniscule.

“When we raised it to 19 they weren’t happy and said it would impact their business, but the data doesn’t support that,” he said. “ It was a hollow argument then and it is a hollow argument today. It is the same argument made when we banned smoking inside bars and restaurants. It was another false argument and this is the same.”

The ordinance’s passage came just a few days before Gov. Chris Christie vetoed a bill that would have banned smoking in most areas of public beaches and parks statewide.

In his veto message issued Wednesday evening, Christie said the state shouldn’t substitute its judgment for those of local officials. He said more than a dozen municipalities have local ordinances that ban smoking on beaches and 12 counties and more than 240 municipalities have local ordinances that ban smoking in municipal and county parks.

“I am not persuaded that a prescriptive, one-size-fits-all state ban on smoking at public parks and beaches is advisable at this time,” Christie wrote.

Staff Writer Susan Loyer: 732-565-7243; sloyer@mycentraljersey.com