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Tobacco Retailer Guide 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.
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