Tobacco retailer guide Published by the Rural and Regional Health and Aged Care Services Division, Victorian Government Department of Human Services, Melbourne, Victoria. July 2006 © Copyright State of Victoria, Department of Human Services, 2006. 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. Printed by G.T. Graphics, 34 Stanley Street, Collingwood. This document may also be downloaded from the Department of Human Services website at www.health.vic.gov.au/tobaccoreforms Disclaimer: This booklet is intended only as a general guide and introduction to the relevant provisions of the Tobacco Act 1987. The Department of Human Services does not accept any liability for any expense, loss or damage suffered as a result of reliance upon the information contained in this booklet. Nothing in this booklet should replace the seeking of appropriate legal advice where this is considered appropriate. Tobacco retailer guide ii Tobacco retailer guide
Message from the Minister
On 1 March 2006 new laws in relation to the sale of tobacco products will take effect. Discouraging young people from taking up smoking is one of the Government’s highest priorities in its program to improve the health status of all Victorians. These new laws strengthen existing legislation prohibiting the sale of cigarettes to minors by: • specifying the location of cigarette vending machines; • prohibiting non-branded advertising and buzz marketing of tobacco products; and • clarifying the obligations of tobacco retailers to train their staff in regard to the correct procedures for selling tobacco. Retailers of tobacco have an important role to play in preventing children and adolescents from obtaining tobacco products by taking steps to ensure they comply with laws prohibiting the sale of tobacco products to people under the age of 18 years. This guide is designed to provide information to tobacco retailers regarding their obligations under law and to provide advice on how to prevent the sale of cigarettes to minors. A translated overview and information in relation to staff training is included in the back of the guide in Arabic, Chinese and Vietnamese. If you require further information about the laws, please contact the Tobacco Information Line on 1300 136 775 or visit www.health.vic.gov.au/tobaccoreforms
Hon Bronwyn Pike MP Minister for Health Tobacco retailer guide iii
Contents
Part A: Overview of the Laws 1 Part B: Displaying and advertising tobacco products 3 Q1. Can I advertise tobacco products outside my retail outlet? 3 Q2. Can I display tobacco advertising in my retail outlet? 4 Q3. Can I display cartons? 5 Q4. Can I display tobacco products? 6 Q5. What should my tobacco display look like? 7 Q6. Can I have more than one display area? 10 Q7. Can I have more than one point of sale? 10 Q8. How big can my tobacco display be? 11 Q9. How do I measure the display area? 11 Q10. How can I display cigars? 13 Q11. What are price tickets and how can I use them? 14 Q12. What are price boards and how can I use them? 15 Part C: Selling tobacco 16 Q13. What signs do I have to display if I sell tobacco products? 16 Q14. Is there an age requirement for people who sell tobacco? 17 Q15. Can I sell single cigarettes? 17 Q16. Can I provide non-tobacco products in connection with tobacco products? 17 Part D: Tobacco sales to under 18s 18 Q17. What are the laws regarding selling tobacco to people under the age of 18? 18 Q18. Who is responsible when tobacco is sold to a person under the age of 18? 18 Q19. What are the consequences if tobacco is sold to a person under the age of 18? 18 Q20. Who should I ask for identification (ID)? 19 Q21. How do I calculate if a customer is over the age of 18? 20 Q22. What are the responsibilities of a manager in relation to the sale of tobacco to under 18s? 21 Q23. What should I do to ensure I am not liable for someone selling tobacco to a person under 18 years in my store? 21 iv Tobacco retailer guide
Part E: Cigarette vending machine laws 23 Q24. Where can cigarette vending machines be located? 23 Q25. What can cigarette vending machines display? 23 Q26. Do cigarette vending machines have to display tobacco retailer signs? 24 Q27. Who is responsible for ensuring that a cigarette vending machine complies with the laws? 24 Part F: Tobacco retailer summary 25 Part G: Tobacco Inspectors 26 Q28. What is the role of tobacco inspectors? 26 Q29. What powers do EHOs have? 26 Q30. What are my rights and obligations when being interviewed by an inspector? 26 Part H: Penalties 27 Q31. What are the penalties for breaking the tobacco advertising and display laws? 27 Q32. What are the penalties for breaking the cigarette sales to minors laws? 28 Part I: Further information and definitions 29 Q33. Where can I get further information about these laws? 29 Q34. Definitions 29 Part J: Translated information 33 Arabic 33 Chinese 37 Vietnamese 41 Tobacco retailer guide 1
A. Overview of the Laws
Amendments to the Tobacco Act 1987 that came into effect on 1 March 2006 include further restrictions on the sale and advertising of tobacco. In summary this includes: • widening of the definition of ‘tobacco advertisement’ to include non-branded advertising, buzz-marketing and the advertising of cigarette papers. • restricting the placement of cigarette vending machines to: – in line of sight of the bar in licensed premises, not more than 5 metres from the outer edge of the bar counter; or – in line of sight of the service counter in gaming venues and the casino; or – immediately adjacent to the service counter of a bottle shop. • removing the requirement for cigarette vending machines to display the white A5 ‘Notice––no sales to minors’ sign on the front of machines. • strengthening cigarette sales to minors laws by: – making sighting an acceptable evidence of age document (photo ID) the only defence for selling tobacco to a minor; – making a manager/proprietor liable for an offence if any person they authorise to sell tobacco products sells cigarettes to a minor (even if the person is not an employee); – clearly outlining what a manager/proprietor must do to train their employees or agents not to sell tobacco to a minor; and – requiring that a manager/proprietor must repeat the above training every 6 months. 2 Tobacco retailer guide
A summary of all of the tobacco retailer laws is outlined in the table below.
Date reform took effect Description of reform 1 July 2001 Non-tobacco products may not be packaged with tobacco products. A health warning/smoking cessation sign is required to be displayed within each tobacco retail outlet. 1 October 2001 ‘No tobacco sales to under 18s’ signs are required within tobacco retail outlets. Signs advertising the sale of discount cigarettes outside tobacco retail outlets are prohibited. 1 January 2002 Restrictions on point of sale tobacco advertising and tobacco displays within tobacco retail outlets. 1 March 2006 Widening the ban on tobacco advertising to include non-branded advertising, buzz-marketing and the advertising of cigarette papers. Strengthening of the cigarette sales to minors laws. Introduction of new white health warning/smoking cessation signs. Restriction of vending machines to bar areas or gaming areas of licensed premises, or adjacent to bottle shop service counters. Removing the requirement for vending machines to display the white A5 ‘Notice––no sales to minors’ sign.
Note: Terms in this Guide that have particular or legal meanings are defined in Q34. Tobacco retailer guide 3
B. Displaying and advertising tobacco products
Q1. Can I advertise No. You cannot display branded or non-branded tobacco advertising outside your tobacco products outside retail outlet (see Q34 for the definition of tobacco advertisement). In addition you my retail outlet? must not display any advertising referring to the sale of cheap or discount tobacco products from outside your retail outlet. This includes words such as ‘discount cigarettes’ or ‘cheap smokes’ placed on sandwich boards, overhead signage or promotional flags. 4 Tobacco retailer guide
Q2. Can I display No. You must not display branded or non-branded tobacco advertising within tobacco advertising in your shop except through limited displays of tobacco products themselves my retail outlet? (see Q4––Can I display tobacco products?). This ban applies to the display of posters, desk pads, flags, stickers, back lit tobacco advertising signs and tobacco advertising on vending machines.
From 1 March 2006, tobacco advertising includes non-branded advertising, such as images that promote or are intended to promote smoking. For example, images of matches or lighters are often used in conjunction with displays of tobacco products, and such images are now ‘tobacco advertisements’ under the Tobacco Act. The advertisement of cigarette papers is also a ‘tobacco advertisement’ under the Tobacco Act. Tobacco retailer guide 5
Q3. Can I display cartons? No. Cigarette cartons must not be displayed. You can stock cartons but they must not be displayed to customers. Customers can be informed about your stocked cartons through price boards (see Q12––Whatare price boards and how can I use them?).
An exception to this applies in the case of duty free outlets beyond the customs barrier at Melbourne Airport, which are permitted to have a limited display of cigarette cartons. 6 Tobacco retailer guide
Q4. Can I display You are only allowed to have limited displays of tobacco products in your shop. tobacco products? These displays must be consistent with the definition of ‘product line’ contained in the Tobacco Act. ‘Product line’ is a tobacco product that differs from other products on the basis of: (a) Flavour; (b) Nicotine or tar content; or (c) Brand name. You can only display one of each product line of a tobacco product. Different size packages are not treated as different product lines. Therefore you cannot display different sizes of cigarette packages with the same flavour, nicotine or tar content, or brand name. For example, you cannot display Brand A 30s Blue, as well as Brand A 40s Blue. However, you can display Brand A Blue 20s, Brand A Purple 20s and Brand A Green 20s. This is illustrated below.
Cigars and loose tobacco must also comply with product line definition (see Q10 for further information on cigars). Tobacco retailer guide 7
Q5. What should my The total display area for advertising tobacco products is regulated. Tobacco tobacco display look like? displays must comply with product line definition (see Q4––Can I display tobacco products). Tobacco products may be displayed in one of three ways: • Either as a single immediate package (option A); or • In a stack dispenser with the packages stacked directly on top of each other so the customer sees any part of the top and bottom of the tobacco packages (option B); or • In a stack dispenser where the tobacco packages are stacked directly behind each other, so the customer can see the faces of the front packages and the tops/sides and the health warning on the packages behind (option C). Option A (single immediate package) When a single package is displayed, the front faces of any additional packages of the same product line must be covered. 8 Tobacco retailer guide
Option B (stacked on top of each other) When cigarette packages are stacked directly on top of each other, you are only permitted to display the top and bottom package on each stack. Tobacco retailer guide 9
Option C (stacked behind each other) When cigarette packages are stacked directly behind each other, you are only permitted to display the front face of the tobacco package of each product line as well as the tops, sides and front health warning (for example SMOKING KILLS) on the tobacco packages behind.
Regardless of which display method is used, the display of the front face of the tobacco packages must be within the maximum display area for tobacco products as set out in the Tobacco Regulations 1997 (see Q8––How big can my tobacco display be?). 10 Tobacco retailer guide
Q6. Can I have more than You can only have one display area of dry tobacco products within your retail one display area? outlet. This display must be at a point of sale.
Q7. Can I have more than Yes. While all retail outlets are permitted to have one display area only for tobacco one point of sale? products, retailers can sell tobacco from more than one point within the retail area. If tobacco packages are located at a point of sale other than the display area and are stacked behind each other, the faces of the tobacco products at the front of the stack must be obscured. The tops, sides and front health warnings of the tobacco products need not be obscured.
If tobacco packages are located at a point of sale other than a display area and are stacked on top of each other, the sides and ends of the tops and bottoms of the packages can be displayed if they do not directly face the customer. All other parts of the packages, including the faces must be obscured from the customer. Tobacco retailer guide 11
Q8. How big can my It depends. Your display of dry tobacco products including cigarettes, roll your tobacco display be? own tobacco and dry cigars must be displayed in an overall maximum area of four square metres. You may not be able to display your full product range within four square metres. Extra products must be blocked from view by customers. You can use price tickets and price boards to inform customers about the blocked products (see Q11––What are price tickets and how can I use them? and Q12––Whatare price boards and how can I use them?).
Q9. How do I measure the The maximum display area is measured from the outermost points of the tobacco display area? packages on display. The display area is measured from the outer edge of the first package face on display to the outer edge of the package that is furthest from that first package. All space within this area is considered to be the display area regardless of whether all packages are on display, or are obscured by price tickets (see Q11––Whatare price tickets and how can I use them?).
Maximum display area Displayed tobacco product Price ticket 12 Tobacco retailer guide
Maximum display area
Displayed tobacco product
Price ticket
Maximum display area
Displayed tobacco product
Price ticket
The maximum display area for tobacco products can be a variety of shapes. For example.
Cigars in operating humidors are not required to be displayed within the maximum display area described above. Tobacco retailer guide 13
In cases where tobacco packages are stacked directly behind each other, and have price tickets covering their front faces, the tops and sides are also permitted to be displayed and are not included in the measurement of maximum display area.
Q10. How can I Dry cigars sold in packages can be displayed in the same manner as cigarettes, as display cigars? outlined in Q5––Whatshould my tobacco display look like? As an alternative to these stack dispenser displays, you may choose to display up to 13 of each product line of cigars outside a stack dispenser (in an open box, container, or compartment), and/or a closed box of each product line of cigars. Cigars must comply with product line definition. That is, you cannot display different sizes of cigars that are the same brand name, nicotine or tar content or flavour. Dry cigars must be displayed within the maximum four square metre display which is allowed for tobacco products. 14 Tobacco retailer guide
Q11. What are price tickets Price tickets can be used to show the price and other product information regarding and how can I use them? each tobacco product you sell. Typically, they would be the same size as the product or pack. They can be no larger than the largest immediate package of the tobacco product on display. Price tickets can be used to obscure tobacco products that you are not permitted to display under the legislation. For example, as explained in Q4 relating to product line definition, you cannot display different sizes (20s, 25s, 30s, 35s) of a product line of cigarettes. To comply with the law, you could for example, display a package of 20s of a product line and obscure the other pack sizes of that product line with price tickets. The information contained on the price tickets is permitted to be in letters up to 2.1 cm in height and 1 cm wide. Price tickets can use up to four colours (not including any fluorescent colours), but these colours must be consistent with the price tickets in the rest of your shop. The following information can be contained on the price tickets: • The name of the product line. • The strength of the product line (for example 4 mg, 8 mg). • The flavour and number of items contained in the product line (for example menthol, 30s). • The average weekly sales of the product line. • Any identifying category information related to the product line. • A barcode or similar identifying code of the product line. • The country of origin of the product line, including any symbol representing the country of origin. Price tickets cannot be set out together in a manner which forms an image or has a visual effect. Tobacco retailer guide 15
Q12. What are price boards The lettering on price boards can be used to list the price and details of the full and how can I use them? range of tobacco products you sell. You may wish to use a price board for products that you cannot display, such as cartons of cigarettes or tobacco products that do not fit within your maximum display area. You may have one price board at each point of sale in your retail outlet. Price boards can be up to 1.5 m by 1.5 m. Price boards can be black or white, or in the corporate colours of your retail outlet, using up to four colours. Lettering on the price board must be no higher than 2.1 cm and no wider than 1.5 cm. The price board can include information about: • Product brands normally available for sale. • Product flavours (for example menthol). • Pack size (for example 25s, 30s, carton). • Prices of products available for sale. 16 Tobacco retailer guide
C. Selling tobacco
Q13. What signs do I have The law requires tobacco retailers to display two signs within the retail outlet. to display if I sell tobacco This includes premises with a cigarette vending machine. These are the blue products? ‘We don’t sell tobacco to u/18s’ sign and one of the black and white health warning/smoking cessation signs that are shown below. These signs need to be displayed next to a place in your shop where tobacco products are sold, or at the entrance to your shop so that your customers can see them as they enter. This sign on the right is the only ‘No tobacco sales to U/18s’ sign that is legally acceptable. If you wish to display other signs advising minors that you cannot sell tobacco to them, you can display these signs in addition to the sign on the right. There are 7 acceptable black and white health warning/smoking cessation signs. Only one of these signs needs to be displayed. Copies of this signage is available free of charge from the Department of Human Services’ Tobacco Information Line on 1300 136 775. Tobacco retailer guide 17
Q14. Is there an age There is currently no age limit for people who can sell tobacco in Victoria. requirement for people Regardless of the age of the person selling tobacco products, it remains the who sell tobacco? responsibility of the manager/proprietor to ensure that anyone they allow to sell tobacco products in their store does it responsibly and complies with the laws prohibiting the sale of tobacco products to people under the age of 18 years.
Q15. Can I sell single It is an offence for you and your staff to sell cigarettes in a package containing less cigarettes? than 20 cigarettes. The sale of single cigarettes is also illegal. This is regardless of the customers’ age.
Q16. Can I provide No. You must not provide non-tobacco products or benefits (eg. CDs, tins or carry non-tobacco products cases) in connection with the sale of a tobacco product or for the purposes of in connection with promoting the sale of a tobacco product. This is the case whether or not a charge is made for the other non-tobacco product or benefit. tobacco products? You also must not supply vouchers or similar things that may entitle the purchaser or another person to a non-tobacco product or benefit; or any thing with which the person can participate in a game or similar activity which may entitle the person to a non-tobacco product or benefit. It is a defence if the benefit or thing supplied is only incidentally connected with the purchase of the tobacco product and equal opportunity to receive the benefit or thing is given to customers regardless of whether they buy tobacco products. The only exception to this law is that you can sell lighters, matches, ashtrays or other products that are necessary for, or ancillary to smoking in connection with a tobacco product, provided that you do not discount these other products. That is, the price of these non-tobacco products must be the same as the price that would be paid for them if they were purchased separately. 18 Tobacco retailer guide
D. Tobacco sales to under 18s
Q17. What are the laws It is an offence for any person to sell cigarettes, cigars or loose tobacco to any regarding selling tobacco to person under the age of 18. This includes over the counter sales and sales from people under the age of 18? tobacco vending machines.
Q18. Who is responsible The person who sold the tobacco product is responsible. In addition to the person when tobacco is sold to a who sold the tobacco product, their manager or employer may also be responsible. person under the age of 18?
Q19. What are the If a tobacco product is sold to a person under the age of 18, the proprietor, manager consequences if tobacco and the person who sold the product may receive: is sold to a person under • An on the spot fine of 2 penalty units* the age of 18? or • A fine of up to 50 penalty units* if found guilty in court (legal costs may also be awarded against you in addition to a fine). In addition to a fine, tobacco retailers also risk losing the ability to sell tobacco for a set period of time, as detailed in the table in Section H––Penalties. If a retailer offers tobacco for sale while suspended, they may be fined a further amount of up to 50 penalty units*. They may also be fined up to 2 penalty units* for each day they continue to sell tobacco. If a retailer looses the ability to sell tobacco, their business associate (such as their business partner) will also be unable to sell tobacco at the premises where the breach occurred. The court may also decide that the retailer is prohibited from selling tobacco from any new premises within 5km of the premises where the offence occurred. * The value of a penalty unit for 2006/07 is $107.43 Tobacco retailer guide 19
Q20. Who should I ask for It is suggested that proof of age is requested from any person who appears to be identification (ID)? under the age of 25 years. You should ask to see an acceptable evidence of age document (photo ID) to confirm that the customer is not under the age of 18. The acceptable forms of photo ID are: • A Victorian or interstate proof of age card. • A Victorian or interstate drivers licence. • An Australian or foreign passport. •A keypass. •A Victoria Learner’s permit. As some of the above photo IDs can be issued to people under the age of 18, you should check the date of birth on the identification to ensure that they are over 18 years of age before selling a tobacco product. The Department of Human Services can provide you with a ‘No Proof of Age No Cigarettes’ poster. The poster clearly identifies each of the acceptable proof of age documents. You may wish to display this poster so that customers can see what forms of identification are acceptable for the purchase of tobacco, and as a reminder to people selling cigarettes. The Department’s poster is illustrated below. Copies of the poster are available free of charge by contacting the Tobacco Information Line on 1300 136 775. 20 Tobacco retailer guide
Q21. How do I calculate if As mentioned above evidence of age documents (photo ID) such as a learner’s a customer is over the permit are issued to people under the age of 18. Therefore when requesting photo age of 18? ID you must ensure that the customer is over the age of 18. The tables below have been designed to assist you and your staff to calculate whether a customer is over the age of 18 by using the date of birth on their photo ID. You may wish to copy this table and display it near your register so that you can refer to it when selling tobacco.
2006
Year of Birth Can I sell tobacco? Before 1988 Over 18––Legal to Sell 1988 Check day and month of birth • If date is on or before purchase date––Customer is 18––Legal to Sell • If date is after purchase date––Customer is not 18––Refuse Sale After 1988 Under 18––Refuse Sale
2007
Year of Birth Can I sell tobacco? Before 1989 Over 18––Legal to Sell 1989 Check day and month of birth • If date is on or before purchase date––Customer is 18––Legal to Sell • If date is after purchase date––Customer is not 18––Refuse Sale After 1989 Under 18––Refuse Sale
2008
Year of Birth Can I sell tobacco? Before 1990 Over 18––Legal to Sell 1990 Check day and month of birth • If date is on or before purchase date––Customer is 18––Legal to Sell • If date is after purchase date––Customer is not 18––Refuse Sale After 1990 Under 18––Refuse Sale Tobacco retailer guide 21
Q22. What are the As outlined in Q18––Who is responsible when tobacco is sold to a person under the responsibilities of a age of 18?, the manager can be held responsible if a person that they supervise manager in relation to sells a tobacco product to a person who is under 18. the sale of tobacco to If a sale occurs, the manager must prove they had no knowledge of the sale and have taken ‘prevention measures’ in relation to the person that sold the tobacco. under 18s? ‘Prevention measures’ include taking the following steps at least every 6 months. A: Instructing the seller: – Not to sell tobacco products to a person under the age of 18 years in any circumstance, even if the tobacco products are for, or claimed to be for, a person over 18 years; and – To sight an acceptable evidence of age document (photo ID) for a person before selling a tobacco product to the person. and B: Informing them that if they sell tobacco products to a person under the age of 18 years in disregard of the instructions mentioned above, they will be committing an offence against the Tobacco Act. and C: Obtain written acknowledgement from the seller that they have received these instructions and the warning as outlined above.
Q23. What should I do to To protect against liability it is recommended that managers undertake the ensure I am not liable for ‘prevention measures’ as outlined above, with any person that they authorise to sell someone selling tobacco to tobacco in their store, and repeat these steps at least every 6 months. a person under 18 years in To assist you in undertaking these steps a checklist and training acknowledgement form are included on the next page. It is suggested that you copy these forms and my store? sign and date them every time you undertake such training. A signed and dated copy of the form should be kept on file for each person who you authorise to sell tobacco. A copy should also be given to the person for their own record once they have signed and dated it. 22 Tobacco retailer guide
Staff training checklist
• Inform staff that it is illegal to sell tobacco to a person under 18 in any circumstances, even if the tobacco products are for, or claimed to be for, a person over 18 years. • Inform staff that they should sight an acceptable evidence of age document (photo ID) for a person before selling a tobacco product to the person. • Inform staff of the acceptable evidence of age documents (photo ID): – Victorian or interstate proof of age card. – Keypass. – Victorian or interstate drivers license. – Australian or foreign passport. – A Victorian learner’s permit • Inform staff that it is illegal to sell cigarettes in a package containing less than 20 cigarettes. • Warn staff if they sell tobacco products to a person under the age of 18 years in disregard of the instructions mentioned above, they are committing an offence against the Tobacco Act 1987. • Inform staff of the penalties for selling tobacco to a person under 18.
This training should be completed every 6 months. You should ask staff to sign and date a document like the one below once the training has been completed. Training Acknowledgement Form You should only sign this form once you understand the instructions above and the warning set out below. If you have any questions about the instructions, ask your employer before signing this form. If you are unsure as to whether or not to sign this form, call the Tobacco Information Line on 1300 136 775.
I acknowledge thaton (name) (date)
I was instructed: • Not to sell tobacco products to a person under the age of 18 years in any circumstances, even if the tobacco products are for, or claimed to be for, a person over 18 years; and • To sight an acceptable evidence of age document (photo ID) for a person before selling a tobacco product to the person; and I have been warned that, having received the above two instructions, if I disregard these instructions and sell tobacco products to a person under the 18 years, I commit an offence under the Tobacco Act 1987.
Signature: Date: / /200
Manager/Proprietor Name & Position:
Manager/Proprietor Signature: Date: / /200 Tobacco retailer guide 23
E. Cigarette vending machine laws
Q24. Where can cigarette Since 1 March 2006, cigarette vending machines can only lawfully be permitted in vending machines be the following areas: located? a) Bar areas of licensed premises in line of sight of the bar, not more that 5 metres from the outer edge of the bar counter; b) Approved venues or in a casino in line of sight of a service counter; or c) Bottle shops immediately next to the service counter. Vending machines will no longer be allowed in restaurants, cafés, bingo centres or staff amenity areas.
Q25. What can cigarette The laws that restrict the display and advertising of tobacco products apply to vending machines display? cigarette vending machines. As such, representations of tobacco products on the front of the vending machines need to comply with product line restrictions (see Q4––Can I display tobacco products?) and price ticket requirements (see Q11––Whatare price tickets and how can I use them?). As each premises can only have one point of display for tobacco products, unless you have price tickets covering all the pack representations on your vending machine, your vending machine will be your point of display. In addition, cigarette vending machines cannot display branded and non-branded tobacco advertising which is outlined in Q2––Can I display tobacco advertising in my retail outlet? 24 Tobacco retailer guide
Q26. Do cigarette vending Yes, a premises that contains a vending machine is considered to be a tobacco machines have to display retail outlet and as such, the tobacco retailer signage must be displayed as outlined tobacco retailer signs? in Q13––Whatsigns do I have to display if I sell tobacco products? Please note that the A5 ‘Notice’ sign is no longer required to be displayed on the front of cigarette vending machines.
Q27. Who is responsible for The occupier (the person in charge) of a premises that has a cigarette vending ensuring that a cigarette machine is responsible for ensuring that customers under the age 18 do not obtain vending machine complies tobacco from the machine. The same penalties apply to the occupier that would apply if the occupier had sold the cigarettes to the person. The occupier must also with the laws? ensure that the tobacco retailer signs outlined in Q13––Whatsigns do I have to display if I sell tobacco products? are displayed. The occupier may also be liable if the vending machine does not comply with the laws outlined above in Q24––Where can cigarette vending machines be located? and Q25––Whatcan cigarette vending machines display? Tobacco retailer guide 25
F. Tobacco retailer law summary
This summary is an overview of the tobacco retailer laws. The summary will assist you in ensuring that you comply with all of the requirements for displaying and selling tobacco products. For further information on the laws refer to the relevant part of this guide.
Part B: Displaying Tobacco Advertising and Products • Remove any signs outside your retail outlet advertising cheap or discount cigarettes • Do not display tobacco advertising such as flags, posters, stickers or backlit signs within the retail outlet. This includes pictures of matches/lighters and advertisements for cigarette papers. • Ensure the display of tobacco products complies with the product line definition. • Do not display cartons of tobacco products. • Restrict the size of your dry tobacco display to four square metres. • Only have a single point of display for tobacco products (must be at point of sale) • Ensure price tickets and price boards comply.
Part C: Selling tobacco • Ensure cigarettes are not sold to people under the age of 18 years • Do not sell single cigarettes or cigarettes in a pack of less than 20 • Do not provide non-tobacco products or benefits to the customer in connection with the purchase of tobacco products. • Display a health warning/smoking cessation sign in the prescribed form. • Display the prescribed ‘No tobacco sales to under 18s’ sign.
Part D: Tobacco sales to under 18s • Conduct and document training in relation to the sale of cigarettes to under 18s with anyone who sells cigarettes in your store every 6 months.
Part E: Cigarette vending machines laws • Ensure the display of tobacco products on the front of vending machines complies with the product line definition. • Ensure that there is only one display of tobacco products within the premises. • Ensure vending machines are only located in acceptable areas of approved premises 26 Tobacco retailer guide
G. Tobacco Inspectors
Q28. What is the role of Environmental Health Officers (EHOs) employed at each of Victoria’s 80 local tobacco inspectors? Councils are authorised to enforce the tobacco legislation. EHOs enforce the laws by: • Conducting education visits with tobacco retailers. • Undertaking test purchases in shops that sell tobacco to determine compliance of laws relating to the sale of tobacco products to people under the age of 18.
Q29. What powers do Environmental Health Officers have the power to: EHOs have? • inspect parts of the tobacco retail outlet that are open to the public; • request the name and address of anyone they believe may have committed an offence under the Tobacco Act; and • inspect and measure tobacco displays located behind the counter. They do not need written consent or a search warrant to inspect and measure the tobacco display but must show their identity card before going behind the counter.
Q30. What are my rights • You must, by law, provide your full name and address to the inspector(s). and obligations when • You have the right to an interpreter. being interviewed by • You have the right to refuse to answer any questions put to you by the tobacco an inspector? inspector(s) at any stage throughout the interview. However, the interview is an opportunity for you to explain the circumstances that led to the sale of the tobacco product to a person under the age of 18. Tobacco retailer guide 27
H. Penalties
Q31. What are the * Note: One penalty unit is fixed at $107.43 for the 2006/07 financial year. penalties for breaking the Penalty units are indexed annually by an amount fixed by the Victorian Treasurer. tobacco advertising and display laws? Maximum Infringement Penalties the in Breach of Tobacco Laws Notice Magistrates’ Court Incorrect display of tobacco 1 penalty unit* 60 penalty units* products––for example, the tobacco display does not comply with product line definition; the display is larger than the maximum display area; or cartons are on display. Display of a branded tobacco – 60 penalty units* advertisement such as a poster, backlit sign or flag; the display of non-branded tobacco advertising such as pictures of matches and lighters and the display or advertisements for cigarette papers. Display of signs outside the retail – 60 penalty units* outlet such as ‘cheap smokes’ and ‘discount cigarettes’. Failure to display a health warning/ 1 penalty unit* 10 penalty units* smoking cessation sign. Failure to display a ‘No tobacco 1 penalty unit* 10 penalty units* sales to minors’ sign. Sale of single cigarettes or cigarettes 1 penalty unit* 100 penalty units* in a package of less than twenty. Providing non tobacco products or – 60 penalty units* benefits with tobacco products. Refuse or fail to comply with an 1 penalty unit* 5 penalty units* inspector’s request or falsely state a name and address. Person unlawfully placing or 1 penalty unit* 10 penalty units* permitting the placement of a cigarette vending machine. 28 Tobacco retailer guide
Q32. What are the Penalty a court may impose penalties for breaking Offence on the tobacco retailer the cigarette sales to First offence––tobacco sale Suspension of up to three months from minors laws? to a person under the age selling any tobacco from the premises where of 18 years. the offence occurred or at any new premises within 5km of the premises. A fine of up to 50 penalty units* Second relevant offence–– Suspension of between three months tobacco sale to a person and 12 months from selling any tobacco under the age of 18 years. from the premises where the offence occurred or at any new premises within 5km of the premises. A fine of up to 50 penalty units* Third relevant offence–– A five year mandatory removal of the ability tobacco sale to a person to sell tobacco from the premises where under the age of 18 years. the offence occurred and, if the court so determines, at any new premises within 5km of the premises. A fine of up to 50 penalty units*
Note: Any breach of a requirement not to sell tobacco at the original premises, or at a new premises within 5km of the original premises, may receive a maximum penalty of 50 penalty units*, and, for a continuing offence, an additional penalty of 2 penalty units* for each day on which the offence continues. * The value of a penalty unit for 2006/07 is $107.43 Tobacco retailer guide 29
I. Further information and definitions
Q33. Where can I get If you require further information on the laws relating to the sale of tobacco further information about products, please contact the Department of Human Services Tobacco Information these laws? Line on 1300 136 775. This booklet is also available on our website at www.health.vic.gov.au/tobaccoreforms
Q34. Definitions Bar means a place in a licensed premises that- (a) is stocked with liquor of various types; and (b) is used solely or mainly for the supply of liquor to customers; and (c) has a counter- (i) across which liquor is supplied directly to customers; and (ii) at which, or in the immediate vicinity of which, customers may immediately consume the liquor supplied; Bar area means the area- (a) in the immediate vicinity of a bar; and (b) not more than 5 metres from the outer edge of the counter of the bar. Bottle shop means an area in a licensed premises where liquor is supplied to customers solely for consumption off the licensed premises. Carton means a package that contains packages of a tobacco product, or a package designed to contain packages of a tobacco product, but does not include a package containing individually-wrapped cigars (unless the package contains a further package or packages of the cigars). Display in relation to a tobacco product at a retail outlet, means a display to the customers of the retail outlet. Evidence of age document means a document that-– (a) is – (i) a Victorian proof of age card or an interstate proof of age card; or (ii) a Victorian drivers licence or an interstate drivers licence; or (iii) an Australian or foreign passport; or (iv) an approved issuer document*; and (b) contains a photograph of the bearer; and (c) indicates, by reference to a date of birth or otherwise, that the bearer is of or over a particular age. * Note: approved issuer document currently includes a keypass card. Face means either of the two largest surfaces of a cigarette package or other tobacco product. 30 Tobacco retailer guide
Maximum display area means the maximum area in which tobacco products can be on display. The maximum display area is four square metres and is measured from the outermost points of the tobacco products on display. Manager of a primary offender, means – (a) an employer of the primary offender; or (b) a person who authorized the primary offender to sell tobacco products as the person’s agent; or (c) if the primary offence was committed in the course of carrying on a business–– a person who owns, manages, controls, conducts or operates that business; Package does not include a transparent wrapping, unless the wrapping has a tobacco advertisement printed on it. Point of sale means a place where tobacco products are sold within a retail outlet, and includes a vending machine from which tobacco products are sold. Premises includes any part of premises and includes a vehicle or vessel and a permanent or temporary structure. Primary offender is a person who sells cigarettes to a minor in breach of the Tobacco Act. Product line means a kind of tobacco product distinguishable from other kinds by one or more of the following characteristics (a) Brandname (b) Nicotine or tar content (c) Flavour but not by the size of the package containing the tobacco product. Retail outlet means premises where tobacco products are available for sale by retail. Service counter – (a) of an approved venue or casino, means a counter at which gaming tokens (within the meaning of the Gaming Regulation Act 2003) may be issued or redeemed; (b) of a bottle shop, means a counter in the bottle shop across which liquor is supplied directly to customers. Tobacco retailer guide 31
Tobacco advertisement means (1) Any writing, still or moving picture, sign, symbol or other visual image, or any audible message, or any combination of 2 or more of those things, that give publicity to, or otherwise promotes or is intended to promote – (a) smoking; or (b) the purchase or use of a tobacco product or a range of tobacco products; or (c) the whole or a part of a trade mark that is registered under the Trade Marks Act 1955 of the Commonwealth in respect of goods that are or include tobacco products; or (d) a whole or part of a design that is registered under the Designs Act 2003 of the Commonwealth in relation to products that are or include tobacco products; or (e) the whole or a part of the name of a person- (i) who is a manufacturer of tobacco products; and (ii) whose name appears on, or on the packaging of, some or all of those products; or (f) any other words (for example the whole or a part of a brand name) or design, or combination of words and designs, that are closely associated with a tobacco product or a range of tobacco products (whether also closely associated with other kinds or products). (2) A reference in sub-section (1) to a visual image or a design includes a reference to an image or a design consisting of a colour or a scheme of colours. (3) Without limiting sub-section (1), a tobacco advertisement includes - (a) the display of an immediate package of a tobacco product; (b) the advertisement of cigarette papers. (4) Words, signs or symbols that appear as part of the standard wording of an invoice, statement, order form, letterhead, business card, cheque, manual, or other document, ordinarily used in the normal course of the business of a manufacturer, distributor or retailer of tobacco products (a “business document”) do not, when so appearing, constitute a tobacco advertisement (but this does not prevent a still or moving picture, or other visual image, of a tobacco product, of the packaging of a tobacco product, or of a business document, from being a tobacco advertisement). (5) Words, signs or symbols that appear in or on land or buildings occupied by a manufacturer of tobacco products do not, when so appearing, constitute a tobacco advertisement (but this does not prevent a still or moving picture, or other visual image, of words, signs or symbols that so appear from being a tobacco advertisement). 32 Tobacco retailer guide
(6) For the avoidance of doubt, the taking of any action to prevent a product from causing injury to anyone, including action– (a) to recall a product; or (b) to disclose a defect in, or a dangerous characteristic of, a product; or (c) to disclose circumstances in which the use of a product is or may be dangerous; or (d) to disclose procedures for disposing of a product– does not constitute a tobacco advertisement. (7) If– (a) apart from this sub-section, something (“the advertisement”) would, technically, be a tobacco advertisement; and (b) it is clear from the advertisement that its sole or principal purpose is to discourage smoking or the use of tobacco products– then despite sub-section (1), the advertisement is not a tobacco advertisement for the purposes of this Act. (8) In this section– “words” includes abbreviations, initials and numbers. Tobacco product means tobacco, cigarette or cigar or any other product the main ingredient of which is tobacco and which is designed for human consumption. Vending machine means a machine, device or contrivance that is constructed to contain tobacco products that may be obtained from it by an operation that involves the insertion in the machine, device or contrivance of a coin, token or similar object. J. Translated information Tobacco retailer guide 33
Arabic 34 Tobacco retailer guide
Arabic Tobacco retailer guide 35
Arabic 36 Tobacco retailer guide
Arabic Tobacco retailer guide 37
Chinese 38 Tobacco retailer guide
Chinese Tobacco retailer guide 39
Chinese 40 Tobacco retailer guide
Chinese Tobacco retailer guide 41
Vietnamese 42 Tobacco retailer guide
Vietnamese Tobacco retailer guide 43
Vietnamese 44 Tobacco retailer guide
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