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Tobacco Retailers Incorporating Certified Specialist Tobacconists

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Tobacco Retailers Incorporating Certified Specialist Tobacconists Tobacco retailers incorporating Certified Specialist Tobacconists Part B If you would like to receive this publication in an accessible format, please phone 9096 0469 using the National Relay Service 13 36 77 if required, or email [email protected] Published by Prevention and Population Health Branch, Victorian Government Department of Health, Melbourne Australia © Copyright State of Victoria, Department of Health, 2011. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968. Authorised by the State Government of Victoria, 50 Lonsdale Street, Melbourne 3000 Disclaimer The up-to-date version of the Tobacco Act 1987 (the Act) is always available on <www.legislation.vic.gov.au>. The protocol does not override the provisions of the Act. It provides a summary for Enforcement Officers only, and is not intended to replace legal advice on the interpretation of the Act. The Department of Health does not accept any liability for any expense, loss or damage suffered as a result of reliance upon the information contained in this protocol. Nothing in the guide should replace the seeking of independent legal advice where it is considered appropriate. July 2011 (1107024) Tobacco retailers incorporating Certified Specialist Tobacconists Part B Contents 1.0 General tobacco retailers 1 1.1 Certified Specialist Tobacconists 1 1.2 Vending machines 1 2.0 Breaches concerning Certified Specialist Tobacconists 2 3.0 Complaints 3 3.1 Education and enforcement requirements under the MAV when a complaint is received 3 4.0 Education 4 4.1 Education visits to general tobacco retailers 4 4.2 Education visits to Certified Specialist Tobacconists 4 5.0 Enforcement 6 6.0 Evidence 12 7.0 Tobacco products banned under Victorian Government Gazette 16 7.1 List of tobacco products banned under Victorian Government Gazette 17 8.0 Tobacco Act educational visit checklist 18 9.0 Tobacco retailer interview 22 1.0 Tobacco retailer (including vending machines) Tobacco retailers include milk bars, newsagents, supermarkets, convenience stores, bottle shops, a bar where cigarettes are sold behind the bar area, vending machines and any other business selling tobacco by retail. From 1 January 2011, tobacco products and packaging must not be visible to the public from anywhere inside or outside the retail outlet. Tobacco products include cigarettes and loose tobacco and cigars, whether or not they are in a humidor. Tobacco packaging includes individual packets of cartons, cigarettes, cigars and loose tobacco. 1.1 Certified Specialist Tobacconists Certified Specialist Tobacconists are exempt from the display ban which commenced on 1 January 2011. A Certified Specialist Tobacconist has met a number of criteria assessed by the Department of Health (the department). Certified Specialist Tobacconists remain subject to the display and advertising restrictions in place prior to 1 January 2011. A Certified Specialist Tobacconist is a retail tobacco business which: • derives 80% or more of its gross turnover for the preceding 12 months from the sale of tobacco products • operates from a premises which is separated from other retail premises by a wall • operates from a premises which does not open directly to another retail business • does not sell or display products or services designed for children or adolescents • does not sell dairy products, bread and bakery cereals or food or beverages other than low-risk, shelf stable foods and beverages • clearly identifies itself as a specialist tobacconist through the use of external branding containing the words; tobacco and/or tobacconist and/or cigarettes • does not identify itself as a newsagent through external or internal branding and only sells local, state and national/daily/weekly newspapers • is certified by the Secretary, Department of Health. 1.2 Vending machines Vending machines can only be located in the following locations: • in the line of sight of the bar in a licensed premises (premises which hold either a general, on- premises or club liquor license), not more than 5 metres from the outer edge of the bar counter • in the line of sight of the service counter in a gaming venue and the casino • immediately adjacent to the service counter of a bottle shop. A vending machine is considered a tobacco retail outlet and therefore tobacco products or packaging must not be visible inside or outside of the vending machine. Price tickets can be displayed to show price and other information about tobacco products for sale. Tobacco retailer signs, including the A3 black and white health warning and A4 blue and white U/18s signs, must be displayed. 1 2.0 Certified Specialist Tobacconists (breaches of the Tobacco Act 1987 and non compliance with certification criteria) To receive certification as a specialist tobacconist, a retailer must meet the criteria set out and developed under section 15U(2) of the Tobacco Act 1987 (the Act) and comply with all requirements of the Act and Tobacco Regulations 2007. The Department requests that any Certified Specialist Tobacconist found breaching the Act or Regulations, or which does not satisfy any criteria stated and developed under 15U(2) (see section 8 for details) be reported for monitoring by the department. Please provide the following details as soon as the breach or non-conformity with criteria is identified: 1. Contact details of the Environmental Health Officer or inspector 2. Name and address of the certified specialist tobacconist 3. Proprietor (if known) 4. Date and time of the substantiated breach or non-conformity with criteria 5. Description of the substantiated breach or non- conformity with criteria 6. Evidence obtained (including attached photos, notes or statements) 7. Reasons provided by the proprietor for the breach 8. Action taken Please email [email protected] or phone 9096 0469 with this information. Your assistance is greatly appreciated. Alternatively you may wish to scan and email the Tobacco Act educational visit checklist, including any photos to the department. Should you notice any products or services for children at a Certified Specialist Tobacconist we would also request photos of the products or services in question. Grounds for cancellation of certification include: • Non compliance with the Tobacco Act 1987. Breaches are described in section 4.0. • Not satisfying the criteria specified and developed under section 15(U)(2) of the Tobacco Act 1987. Please refer to the Certified Specialist Tobacconist checklist and explanatory notes (Section 8). If an Environmental Health Officer or inspector is unsure about assessing criteria, it is requested a photograph be taken and provided to the department. The department will assess the seriousness and extent of all breaches and non-compliance with criteria; some situations may result in cancellation of certification. 2 3.0 Complaints 3.1 Education and enforcement requirements under the MAV agreement when a complaint is received The following table is a guide as to whether an educative or enforcement approach should be considered after a complaint is received, however, it is suggested that each complaint be assessed on a case-by-case basis. Table 1 below outlines the suggested action that may be taken after a tobacco retailer complaint is received. Table 1 Complaint Complaint type number Suggested action Both general retailers 1st complaint The local council to conduct an educational visit. and Certified Specialist Tobacconists 2nd and The local council to conduct an enforcement visit (not including cigarette subsequent with the intention of taking enforcement action if sales to minors) complaints enough evidence is obtained to substantiate the complaint. Cigarette sales to minors 1st and Local council to conduct a test purchase. (councils conducting test subsequent purchasing) complaints Cigarette sales to minors 1st and Local council to conduct an educational visit. (councils not conducting subsequent test purchasing) complaints Please note Certified Specialist Tobacconists found breaching the Tobacco Act 1987 or not satisfying the criteria stated and developed under section 15U(2) must be reported to the department. See section 2.0 3 4.0 Education 4.1 Education visits to general tobacco retailers When an education visit is provided to a tobacco retailer, the inspector should: • Inform the tobacco retailer about their legislative responsibility to train staff or anyone who helps behind the counter at least every six months in an attempt to prevent the sale of cigarettes to minors (refer to page 9 of the Tobacco Retailer Guide published for tobacco retailers). • Ensure the retailer is aware of what identification they should sight before selling cigarettes. • Inform the retailer they must not sell single cigarettes or cigarettes in a packet less than 20. • Ensure tobacco products and packaging are not visible to the public anywhere inside or outside the shop (Certified Specialist obacconistsT are exempt from point of sale display and advertising bans). • Explain that a storage unit containing tobacco products may only be opened when a customer requests to purchase a specified tobacco product (see page 21 of the Tobacco Retailer Guide). • Ensure that a graphic health warning sign is placed on or immediately adjacent to the price notice if a price notice is used. • Ensure the A3 black and white health warning and A4 blue ‘We don’t sell tobacco to u/18s’ signs are clearly displayed at the point of sale or near the entrance to the premises. • Ensure there is no tobacco advertising in the store (inc. non-branded tobacco advertising such as a backlit sign of lighters and/or matches). • Ensure there are no cheap or discount cigarette signs. 4.2 Education visits to Certified Specialist Tobacconists The inspector should: • Inform the tobacco retailer about their legislative responsibility to train staff or anyone who helps behind the counter at least every six months in an attempt to prevent the sale of cigarettes to minors (refer to page 19 of the Specialist Tobacconist Guide published for Certified Specialist Tobacconists).
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