Queensland Health

Laws banning the retail display of Sm king Products in Queensland

RequirementsRequirements for retailers for retailers

January 2018

October 2011

Laws banning the retail display of products in Queensland Requirements for retailers Over-the-counter salesOver-the-counter Sales For additional information All smoking products about laws for the retail must be kept out of sight saleFor of additional smoking productsinformation of customersAll smoking products call theabout Government laws for the The retailmust display beof smoking kept products out is ofbanned. sight call centre retailon sale This means that allof smoking customers products kept at a retail outlet must be kept in a way that they are not visible The retail display of smoking products is banned. 13 QGOVof smoking (13 7468). products to customers. This includes smoking products available forThis sale, means as well that as cigarsall smoking in humidifiers products and kept humidified at a retail call the Government outlet must be kept in a way that they are not visible You can also find out more about rooms. call centre on to customers. This includes smoking products available the laws, or download a copy of Singlefor sale point as well ofas salecigars in humidifiers and humidified the legislation, at rooms. 13 QGOV (13 7468). Only one point of sale is allowed at a retail outlet. This www.health.qld.gov.au/public-health/ is calledSingle the point ‘relevant of point sale of sale’. This means that topics/atod/tobacco-laws/You can also find out more about smokingOnly one products point ofmay sale only is allowed be sold atfrom a retail one outlet.counter or the laws, or download a copy similarThis isfixture called at the your ‘relevant retail outlet. point of sale’. This means of the tobacco legislation, at that smoking products may only be sold from one www.health.qld.gov.au/tobaccolaws Mandatorycounter or similar sign fixture at your retail outlet. A supplierMandatory must displaysign a mandatory sign at their relevant point of sale. The sign may be displayed at A supplier must display a mandatory sign at the relevant point of sale only. The form of this sign is the supplier’s relevant point of sale. The sign may prescribed under regulation. be displayed at the relevant point of sale only. ThisThe sign form should of this be sign easily is prescribedvisible to a under person regulation. purchasing a smokingThis sign product: should be easily visible to a person • purchasingas the person a smoking approaches product: the point of sale • • ata thes the time person of purchase. approaches the point of sale • at the time of purchase. The mandatory sign is available free of charge from the The mandatory sign is available free of charge from Government call centre on 13 QGOV (13 7468). the Government call centre on 13 QGOV (13 7468).

ITIT ISIS ANAN OFFENCEOFFENCE TOTO SUPPLYSUPPLY AA SMOKINGSMOKING PRODUCTPRODUCT TOTO AA PERSONPERSON UNDER 18 YEARSYEARS MAXIMUMPENALTIES PENALTY APPLY $42,000 ProofProof of of ageage maymay be be required required This is an information guide only. Consult the Tobacco and Other Smoking Products Act 1998 and the Tobacco and Other Smoking Products Regulation 2010 for full details of the legislative requirements for the retail sale of smoking products in Queensland.This is an information guide only. Tobacco and Other Smoking Products Act 1998 QH1183Consult 01/18 the and the Tobacco and Other Smoking Products Regulation 2010 for full details of the legislative requirements for the retail sale of smoking products in Queensland. 1

Laws banning the retail display of smoking products in Queensland Requirements for retailers 1 Laws banning the retail display of smoking products in Queensland Requirements for retailers Location of smoking products When is viewing of smoking Smoking products may be kept at a retail outlet only at or products allowed? in the following places: In some circumstances it is reasonable for smoking • At or near the supplier’s relevant point of sale and on products to be seen. The fleeting incidental view by a the seller’s side of the point of sale, or above or below, customer of an area of no more than 1m2 of smoking but not on, a counter where customers are served, in a products is permitted only to the extent required to carry way that the smoking products can not be accessed by out activities in the ordinary course of the supplier’s customers. business, such as removing smoking products as part of a transaction. • In a room or other place, such as a storage room, if the smoking products are kept in a way that they can It is important to note that the intent of this provision not be accessed by customers. is not for retailers to deliberately and routinely remove coverings as a selection aid for customers. Deliberate • Cigars may be kept in a humidified room where removal of coverings for extended periods of time could they can be accessed by customers only if, while a be considered to be a display of smoking products and customer is in the room, the customer is accompanied enforcement action may be taken. by the supplier or an employee of the supplier. Providing information about Temporary retail outlets smoking products From 1 September 2016, suppliers are prohibited from A supplier may only provide information about smoking selling smoking products from a temporary retail store. products in a way specifically provided for in the Act. A temporary retail store is defined as: Special price tickets, price lists, selection aids, price • a temporary structure, regardless of whether any part boards, advertising of discounted smoking products, or of the structure is permanent signage relating to smoking or smoking products that is • a vehicle or mobile structure, including a trailer, not specifically provided for in the Act are prohibited. If a caravan or other similar thing designed or modified customer asks about the price of a smoking product or if to be easily attached to a vehicle for transportation. any products are on special, verbal advice may be Examples of temporary structures include a booth, provided. If you are a tobacconist, you can use the term tent, market stall or stand. ‘tobacconist’ in your business advertising and business name. Covering and arrangement of smoking products Price tickets If smoking products are kept at or near the supplier’s Price tickets for smoking products must not be larger than relevant point of sale, the smoking products must be 80mm x 40mm. concealed by a covering that is: Price tickets may only display information stating the a) opaque name of the product line, packet size, price, country of b) of a colour or design that does not make a feature of origin, or bar code or similar identification code. the covering as distinct from its surrounds. The words on the price ticket must be the same font style, For example, a plain curtain or cupboard door can be used size and type (e.g. Arial, Times New Roman) as all other to cover the products. All smoking products, including the smoking product price tickets, with white text on a black tops, sides and bottoms of packets must be covered. background, or black text on a white background. There are no limits on the number or type of product A single colour with a different coloured background (e.g. facings that may be behind the covering, however, an black text on a yellow background), can be used if this arrangement of smoking products behind or under a dual colour scheme is used elsewhere in the retail outlet. covering must not: No other information (e.g. ‘special’ or ‘discount’) is a) constitute a tobacco advertisement itself allowed on the price tickets. The tickets must be fixed to b) create a composite picture or other meaningful the relevant point of sale. Booklets of price tickets or other visual image whose component parts are printed on selection aids with information about smoking products individual cartons or packages. are not allowed. Price boards are not permitted.

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Laws banning the retail display of smoking products in Queensland Requirements for retailers TobaccoTobacco product Product Vendingvending machines Machines

Permitted sign Location Some retailers may wish to display a sign to inform Tobacco vending machines can only be located in a Permittedcustomers sign that smoking products are available for Tobaccoliquor licensed vending premises machines in the can following only be areas: located in a liquor licensed premises in the following areas: Somesale. retailers A supplier may may wish therefore to display produce a sign and to displayinform a) bar areas (within five metres of the bar and where customersone ‘permitted that smoking sign’ for products this purpose. are available The sign formay sale. be a) busear areasof the (withinmachine 5 is metres able to of be the easily bar observed and use by A supplierdisplayed may at thereforethe relevant produce point of and sale display only. one ofstaff the behind machine the isbar) able to be easily observed by ‘permitted sign’ for this purpose. The sign may be b) staffgaming behind machine the bar)areas (within one metre of a displayedIn accordance at the relevant with the pointregulation, of sale a permittedonly. sign may display only the following words in the following b) ggamingaming machine and, areas where (within use of1 metremachine of isa gamingable In accordancesequence: with the regulation, a permitted sign machineto be easily and observed able to bybe staff)easily observed by staff) may display only the following words in the c) casinos.casinos. followingSmoking sequence: products sold here Product informationinformation on on machines machines Smoking products sold here The permitted sign may be no more than 210mm A tobacco productproduct vending vending machine machine may may only only display display price tickets or or another another indicator indicator of ofprice price (such (such as as an The xpermitted 148mm in sign size may (A5), be with no blackmore text than on 210mm a white electronican electronic display). display). Smoking product advertising x 148mmbackground. in size Text (A5), may with be blackin Arial text or onTimes a white New Roman is banned on tobacco product vending machines. background.font only, Textwith maya maximum be in Arial size ofor 17mm.Times NewNothing Roman else Smoking product advertising is banned on tobacco Facsimiles are not permitted. font mayonly, be with on the a maximum sign. size of 17mm. Nothing else product vending machines. Facsimiles are not permitted. mayThe be onpermitted the sign. sign is not mandatory and it is up to Special priceprice tickets, tickets, price price lists, lists, price price boards, boards, advertising advertising of discounted smoking products, or additional signage The retailerspermitted to producesign is not this mandatory sign if desired. and An it isexample up to of of discounted smoking products, or additional signage not specifically provided for in the Act are prohibited. retailershow theto produce permitted this sign sign should if desired. look is providedAn example below. not specifically provided for in the Act, are prohibited. of how the permitted sign should look is provided below. Ticketing and signssigns 210mm Price ticketstickets The rules forfor smoking smoking product product price price tickets tickets apply apply to toprice price tickets tickets on vendingon vending machines. machines. In addition, In addition, pricing pricinginformation information on vending on machinesvending canmachines be an electroniccan be 17mm SMOKING andisplay. electronic display. Mandatory sign 148mm Mandatory sign PRODUCTS A mandatory sign must be displayed on or near aA vendingmandatory machine sign must and be must displayed be easily on or visible near a SOLD HERE tovending a person machine purchasing and must a smokingbe easily product:visible to a person purchasing a smoking product: • as they approach the vending machine; or • aast thethey time approach of purchase. the vending machine The• atform the oftime this of signpurchase. is prescribed under regulation. AnThe exampleform of this of thesign sign is prescribed is provided under on regulation.page 1. An Theexample mandatory of the sign sign is isprovided available on freepage of 1. charge the Government call centre on 13 QGOV (13 7468). The mandatory sign is available free of charge the Government call centre on 13 QGOV (13 7468).

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Laws banning the retail display of smoking products in Queensland Requirements for retailers 3 Laws banning the retail display of smoking products in Queensland Requirements for retailers Frequently asked Key terms questions

Q What types of products are covered by Point of sale the display bans? Point of sale means a place where there is a counter or similar fixture where smoking products are sold within a retail outlet. A The display bans apply to all smoking products. This includes tobacco products prepared for consumption (, e-cigarettes, cigars, roll-your-own tobacco), Relevant point of sale herbal cigarettes, loose smoking blend, packages or cartons Relevant point of sale means the point of sale at a retail outlet of tobacco products, herbal cigarettes or loose smoking at which the supplier sells smoking products. blend, and smoking related products including papers, cigarette filters and cigarette tubes. Smoking products For the retail display provisions of the legislation, a smoking Q How do I let customers know I sell product means: smoking products at my retail outlet? • a tobacco product prepared for consumption (cigarettes, e-cigarettes, cigars, roll-your-own tobacco) a herbal A A supplier may produce and display a permitted sign at cigarette the supplier’s relevant point of sale. This sign is prescribed • loose smoking blend under the regulation and described in this document. You • a package or carton of tobacco products, may not advertise or promote the availability of smoking • herbal cigarettes or loose smoking blend products in any way other than a way specifically allowed • a smoking related product. by the legislation. A smoking product does not include matches, , or pipes. Q How do I access smoking products without displaying them? Smoking related product A smoking related product means a product prescribed under A The fleeting incidental view by a customer of an area of no a regulation that is used primarily in the consumption of a 2 more than 1m of smoking products is permitted, but only tobacco product, or loose smoking blend. to the extent required to carry out activities in the ordinary course of your business. Products included as smoking related products are: • cigarette papers • a hand held machine For example, this means that up to a maximum of 1m2 • cigarette filters for injecting tobacco of smoking products may be viewed briefly during a • cigarette tubes into paper tubes transaction. You may open a cupboard or curtain to access • a cigarette rolling machine • cigarette tips the products, however, you must close it immediately, once • cigar or • a cigar cutter you have the products. These items must be covered from view in the same way as all Q What about smoking products that are other smoking products. not available for sale, such as stock in a Supplier store room? A supplier is the owner of a business that sells smoking A Particular coverings for smoking products that are not products by retail to the public. A supplier is not an employee at or near the relevant point of sale, such as in a storage of a business. For liquor licensed premises, the supplier is the room, are not prescribed. These products, however, must be licensee. A supplier can be an individual or a company. kept out of sight of customers and must be kept in a way that they can not be accessed by customers. Tobacconist A tobacconist is a supplier who sells smoking products by retail Q I don’t have access to the tobacco product to the public, and the sale of smoking products makes up 80 per vending machine/s, isn’t the tobacco cent or more of the business’ total sales (gross)*. company responsible? If your business sells smoking products, but the majority of A Under Queensland’s tobacco legislation, the person sales is not derived from the sale of smoking products, then you responsible for all requirements relating to a tobacco cannot be classed as a tobacconist. product vending machine is the licensee of the licensed The business must be conducted separately from, not in premises. This includes the vending machine price tickets, conjunction with, and not within the premises of, any other as well as the location of the machine and training of business. employees. *The sale of cigarette papers is not included in this 80 per cent. 4

Laws banning the retail display of smoking products in Queensland Requirements for retailers For information, assistance or to order resources 13 QGOV (13 7468) www.health.qld.gov.au/public-health/ topics/atod/tobacco-laws/