Tobacco Regulations 2017 - legislation.vic.gov.auFILE/17-073sr.docx · Web viewOCPC Victoria,...

Tobacco Regulations 2017S.R. No. 73/2017

TABLE OF PROVISIONSRegulation Page

1 Objectives 12 Authorising provision 23 Commencement 24 Revocation 25 Definition 26 Device prescribed not to be an e-cigarette 27 Point of sale notices at specialist tobacconists, on-airport duty

free shops and wholesale outlets—tobacco products 28 Point of sale notices at specialist tobacconists, on-airport duty

free shops and wholesale outlets—e-cigarette products 59 Point of sale notices at retail outlets—tobacco products 710 Point of sale notices at retail outlets—e-cigarette products 911 Tickets or labels on or adjacent to tobacco products at specialist

tobacconists and on-airport duty free shops—tobacco products 1112 Tickets or labels on or adjacent to e-cigarette products at

specialist tobacconists and on-airport duty free shops—e-cigarette products 12

13 Point of sale notices about e-cigarette products at specialist e-cigarette retailing premises 14

14 Tickets or labels at specialist e-cigarette retailing premises 1615 Tickets or labels on or in vending machines 1816 Notices about tobacco products available for sale at retail

outlets or wholesale outlets 1917 Notices about e-cigarette products available for sale at retail

outlets or wholesale outlets 1918 Retail display area 2019 Tobacco retailing businesses—health warning and cessation of

smoking signage 2020 Retail outlets—prohibition of sale of tobacco products to

minors sign 2121 Acknowledgement of consent 22

Schedule 1—Regulations revoked 23

Schedule 2—Graphic health warnings for retail outlet point of sale notices 24

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Schedule 3—Statement for retail and wholesale outlet notices about tobacco products available for sale 25

Schedule 4—Statement for retail and wholesale outlet notices about e-cigarette products available for sale 26

Schedule 5—Health warning signs and cessation of smoking programs 27

Schedule 6—Prohibition of the sale of tobacco products to minors sign 31

Schedule 7—Forms 32

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Endnotes 34

STATUTORY RULES 2017

S.R. No. 73/2017

Tobacco Act 1987

Tobacco Regulations 2017

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 11 July 2017

Responsible Minister:

JILL HENNESSYMinister for Health

ANDREW ROBINSONClerk of the Executive Council

1 Objectives

The main objectives of these Regulations are, for the purposes of the Tobacco Act 1987—

(a) to provide that a medicinal cannabis vaporiser is not an e-cigarette; and

(b) to prescribe requirements for—

(i) point of sale notices and availability for sale notices about tobacco products and e-cigarette products; and

(ii) tickets and labels on, or adjacent to, tobacco products and e-cigarette products; and

(iii) tickets and labels on or in vending machines; and

(iv) various signs; and

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(c) to prescribe—

(i) acknowledgement of consent forms; and

(ii) other matters or things necessary or required to give effect to that Act.

2 Authorising provision

These Regulations are made under section 43 of the Tobacco Act 1987.

3 Commencement

These Regulations come into operation on 1 August 2017.

4 Revocation

The Regulations listed in Schedule 1 are revoked.

5 Definition

In these Regulations, the Act means the Tobacco Act 1987.

6 Device prescribed not to be an e-cigarette

For the purposes of paragraph (a) of the definition of e-cigarette in section 3 of the Act, a medicinal cannabis vaporiser within the meaning of section 80T of the Drugs, Poisons and Controlled Substances Act 1981 is prescribed to be not an e-cigarette for the purposes of the Act.

7 Point of sale notices at specialist tobacconists, on-airport duty free shops and wholesale outlets—tobacco products

(1) For the purposes of section 6(3)(ca) of the Act, the prescribed requirements for a notice about tobacco products are—

(a) the size of the notice is not greater than 1·5 metres by 1·5 metres; and

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(b) the information contained in the notice—

(i) includes one or more of the following—

(A) the product lines usually available for sale;

(B) the product flavours;

(C) the pack numbers;

(D) the product prices; and

(ii) does not contain any of the following—

(A) discount price information;

(B) any other information designed to identify a product as discounted; and

(c) the manner in which the information is set out in the notice is as follows—

(i) the letters and numbers have a width not greater than 1·5 centimetres and a height not greater than 2·1 centimetres;

(ii) in the case of printed letters and numbers, the letters and numbers are printed in the same font, font size and font style;

(iii) the letters and numbers are printed or written in black or white or in not more than 4 colours, with no colour being fluorescent;

(iv) the information relating to one particular product is not depicted so as to be more distinctive than the information relating to another product;

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(v) the information is not more distinctive than the information contained in tickets or labels used within the premises;

(vi) the information concerning price is printed or written only on one side of the notice;

(vii) the information concerning price is not highlighted by any artificial lighting greater than that used throughout the premises; and

(d) the form in which the notice is displayed is as follows—

(i) the notice is displayed with a sign that complies with subregulation (2);

(ii) the sign is displayed on, or immediately adjacent to, the notice.

(2) For the purposes of subregulation (1)(d)(i) the sign must—

(a) be at least 21 centimetres in height by 29·7 centimetres in width; and

(b) include one of the graphics referred to in Column 1 of the Table in Schedule 2 and that graphic must—

(i) be printed in colour; and

(ii) have a width not less than 29·7 centimetres and a heightnot less than 11·9 centimetres; and

(c) include the statement set out in Column 2 of the Table in Schedule 2 that corresponds to the graphic, and that statement must be printed or written—

(i) in capital letters; and

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(ii) in white lettering on a black background; and

(iii) in the maximum proportionate lettering that can be accommodated within the confines of the notice.

8 Point of sale notices at specialist tobacconists, on-airport duty free shops and wholesale outlets—e-cigarette products

For the purposes of section 6(3)(ca) of the Act, the prescribed requirements for a notice about e-cigarette products are—







(D) the product prices;

(E) the volume of the liquid, aerosol, gas, vapour or other substance contained in a cartridge, capsule or other container for use in an e-cigarette;

(F) the ingredients of the liquid, aerosol, gas, vapour or other substance contained in a cartridge, capsule or other container for use in an e-cigarette;

(G) the wattage of the e-cigarette product; and

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(vii) the information concerning price is not highlighted by any artificial lighting greater than that used throughout the premises.

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9 Point of sale notices at retail outlets—tobacco products

(1) For the purposes of section 6(3)(cab) of the Act, the prescribed requirements for a notice about tobacco products are—







(D) the product prices; and



(B) other information designed to identify a product as discounted; and




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(v) the information is not more distinctive than the information on tickets or labels used within the premises;


(vii) the information concerning price is not highlighted by any artificial lighting greater than that used throughout the premises; and

(d) the form in which the notice is displayed is as follows—

(i) the notice is displayed with a sign that complies with subregulation (2);

(ii) the sign is displayed on, or immediately adjacent to, the notice.

(2) For the purposes of subregulation (1)(d)(i) the sign must—

(a) be at least 21 centimetres in height and 29·7 centimetres in width; and

(b) include one of the graphics referred to in Column 1 of the Table in Schedule 2 and that graphic must—

(i) be printed in colour; and

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(ii) have a width not less than 29·7 centimetres and a heightnot less than 11·9 centimetres; and

(c) include the statement set out in Column 2 of the Table in Schedule 2 that corresponds to the graphic, and that statement must be printed or written—

(i) in capital letters; and

(ii) in white lettering on a black background; and

(iii) in the maximum proportionate lettering that can be accommodated within the confines of the notice.

10 Point of sale notices at retail outlets—e-cigarette products

For the purposes of section 6(3)(cab) of the Act, the prescribed requirements for a notice about e-cigarette products are—

(a) the size of the notice is not more than 1·5 metres by 1·5 metres; and








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(c) the manner in which the information is set is as follows—






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11 Tickets or labels on or adjacent to tobacco products at specialist tobacconists and on-airport duty free shops—tobacco products

For the purposes of section 6(3)(cb) of the Act, the prescribed requirements for tickets and labels on, or adjacent to, immediate packages of tobacco products are—

(a) the size of the ticket or label is not greater than the size of the largest immediate package of the tobacco product on display; and

(b) the information contained in the ticket or label is the price of the product line and any one or more of the following—

(i) the name of the product line;

(ii) the strength of the product line;

(iii) the flavour and the number of items contained in the product line;

(iv) the average weekly sales of the product line;

(v) any identifying category information related to the product line;

(vi) a bar code or a similar identifying code for the product line;

(vii) the country of origin of the product line, including any symbol representing the country of origin; and

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(c) the manner in which the information contained in a ticket or label is set out or displayed is as follows—

(i) the letters and numbers have a width not greater than one centimetre and a height not greater than 2·1 centimetres;

(ii) the letters and numbers are printed or written in black or white or in not more than 4 colours, with no colour being fluorescent;

(iii) the information is not more distinctive than tickets or labels used in relation to other goods within the premises;

(iv) the information taken together with the information in one or more other tickets or labels on the premises does not form an image or have a visual effect;

(v) the information is not highlighted by any artificial lighting greater than that used throughout the premises.

12 Tickets or labels on or adjacent to e-cigarette products at specialist tobacconists and on-airport duty free shops—e-cigarette products

For the purposes of section 6(3)(cb) of the Act, the prescribed requirements for tickets and labels on, or adjacent to, immediate packages of e-cigarette products are—

(a) the size of the ticket or label is not greater than the size of the largest immediate package of the tobacco product on display; and



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(vii) the country of origin of the product line, including any symbol representing the country of origin;

(viii) the volume of the liquid, aerosol, gas, vapour or other substance contained in a cartridge, capsule, or other container for use in an e-cigarette;

(ix) the ingredients of the liquid, aerosol, gas, vapour or other substance contained in a cartridge, capsule, or other container for use in an e-cigarette;

(x) the wattage of the e-cigarette product; and

(c) the manner in which the information on the ticket or label is set out or displayed is as follows—

(i) the letters and numbers have a width not greater than one centimetre and a letter or number height not greater than 2·1 centimetres;


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(iv) the information taken together with the information contained in one or more other tickets or labels on the premises does not form an image or have a visual effect;


13 Point of sale notices about e-cigarette products at specialist e-cigarette retailing premises

For the purposes of section 6(3)(cbb) of the Act, the prescribed requirements for a notice about e-cigarette products are—









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14 Tickets or labels at specialist e-cigarette retailing premises

For the purposes of section 6(3)(cbc) of the Act, the prescribed requirements for tickets and labels on, or adjacent to, immediate packages of e-cigarette products are—

(a) the size of the ticket or label is not greater than 12·5 centimetres in height by 8·2 centimetres in width; and

(b) the information contained in the ticket or label includes the price of the product line and any one or more of the following—







(vii) the country of origin of the product line, including any symbol representing the country of origin;

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(viii) the volume of the liquid, aerosol, gas, vapour or other substance contained in a cartridge, capsule, or other container for use in an e-cigarette;

(ix) the ingredients of the liquid, aerosol, gas, vapour or other substance contained in a cartridge, capsule, or other container for use in an e-cigarette;

(x) the wattage of the e-cigarette product; and

(c) the manner in which the information contained in the ticket or label is set out or displayed as follows—




(iv) the information taken together with the information contained in one or more other tickets or labels on the premises does not form an image or have a visual effect;


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15 Tickets or labels on or in vending machines

For the purposes of section 6(3)(cc) of the Act, the prescribed requirements for tickets and labels on or in vending machines are—

(a) the size of the ticket or label is not greater than 5 centimetres in width by 7 centimetres in height; and





(iv) a bar code or a similar identifying code for the product line;

(v) the country of origin of the product line, including any symbol representing the country of origin; and

(c) the manner in which the information contained in the ticket or label is set out or displayed is as follows—



(iii) the information taken together with the information contained in one or more other tickets or labels on or in the vending machine does not form an image or have a visual effect.

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16 Notices about tobacco products available for sale at retail outlets or wholesale outlets

For the purposes of section 6(3)(d) of the Act, the prescribed requirements for a notice about the availability for sale of tobacco products are—

(a) the size of the notice is not greater than 21 centimetres in width by 29·7 centimetres in height; and

(b) the information contained in the notice is the statement set out in Schedule 3 that is printed or written—

(i) in black on a white background; and

(ii) in the maximum proportionate lettering that can be accommodated within the confines of the notice; and

(c) the manner in which the information contained in the notice is set out or displayed is as follows—

(i) the information is not more distinctive than the information in other notices displayed within the premises; and

(ii) the information is printed or written on only one side of the notice; and

(iii) the information is not highlighted by any artificial lighting greater than that used throughout the premises.

17 Notices about e-cigarette products available for sale at retail outlets or wholesale outlets

For the purposes of section 6(3)(da) of the Act, the prescribed requirements for a notice about the availability for sale of e-cigarette products are—

(a) the size of the notice is not greater than 21 centimetres in width by 29·7 centimetres in height; and

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(b) the information contained in the notice is the statement set out in Schedule 4 that is printed or written—


(ii) in the maximum proportionate lettering that can be accommodated within the confines of the notice; and

(c) the manner in which the information in a notice is set out or displayed is as follows—

(i) the information is not more distinctive than the information contained in other notices displayed within the premises;

(ii) the information is printed or written on only one side of the notice;

(iii) the information is not highlighted by any artificial lighting greater than that used throughout the premises.

18 Retail display area

For the purposes of section 6A(7) of the Act, the prescribed area of display is 4 square metres.

19 Tobacco retailing businesses—health warning and cessation of smoking signage

(1) For the purposes of section 15C(1)(a) and (2) of the Act, the prescribed requirements for a health warning sign are—

(a) the sign is not less than 29·7 centimetres by 42 centimetres; and

(b) the sign contains one of the statements set out in Part 1 of Schedule 5 and is printed or written—


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(ii) in the maximum proportionate lettering that can be accommodated within the confines of the sign; and

(c) the sign must be displayed in a manner that ensures that it is clearly visible—

(i) at an entrance to the premises; or

(ii) at a point of sale on the premises.

(2) For the purposes of section 15C(1)(b) and (2) of the Act, the prescribed requirements for a sign relating to programs assisting in the cessation of smoking are that—

(a) the sign is not less than 29·7 centimetres by 42 centimetres; and

(b) the sign contains the statement set out in Part 2 of Schedule 5 and is printed or written—


(ii) in the maximum proportionate lettering that can be accommodated within the confines of the sign; and

(c) the sign is displayed in a manner that ensures that it is clearly visible—



20 Retail outlets—prohibition of sale of tobacco products to minors sign

(1) For the purposes of section 15C(3) of the Act, the prescribed sign relating to the prohibition of the sale of tobacco products to persons under the age of 18 years is the sign set out in Schedule 6.

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(2) The prescribed sign must be—

(a) printed with a blue background and white lettering; and

(b) at least 21 centimetres in width and 29·7 centimetres in height; and

(c) displayed in a manner that ensuresthat it is clearly visible—



(3) Nothing in this regulation prohibits the use of a sign, in addition to the prescribed sign, that conveys by way of graphics, pictures, symbols or text a message about the prohibition of the sale of tobacco products to persons under the age of 18 years.

21 Acknowledgement of consent

(1) For the purposes of section 36D(3) of the Act, the prescribed form of acknowledgement of consent by an occupier of premises to an entry and search of the premises and the seizure or taking of anything during the search is Form 1 in Schedule 7.

(2) For the purposes of section 36EA(5) of the Act, the prescribed form of acknowledgement of consent by an occupier of premises to an entry and inspection of the premises is Form 2 in Schedule 7.

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Schedule 1—Regulations revokedRegulation 4

S.R. No. Title

109/2007 Tobacco Regulations 2007

113/2010 Tobacco Amendment Regulations 2010






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Schedule 2—Graphic health warnings for retail outlet point of sale notices

Regulations 7(2) and 9(2)

Table

Column 1—GraphicColumn 2—Corresponding statement

The graphic set out in section 3.2(2) of the Competition and Consumer (Tobacco) Information Standard 2011 of the Commonwealth as in force on 26 July 2013

SMOKING HARMS UNBORN BABIES


SMOKING CAUSES BLINDNESS


SMOKING CAUSES PERIPHERAL VASCULAR DISEASE


SMOKING CAUSES EMPHYSEMA

The graphics set out in section 4.2(2) and (3) of the Competition and Consumer (Tobacco) Information Standard 2011 of the Commonwealth as in force on 26 July 2013

SMOKING DAMAGES YOUR GUMS AND TEETH

The graphics set out in section 4.3(2) and (3) of the Competition and Consumer (Tobacco) Information Standard 2011 of the Commonwealth as in force on 26 July 2013

SMOKING CAUSES THROAT CANCER


SMOKING DOUBLES YOUR RISK OF STROKE

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Schedule 3—Statement for retail and wholesale outlet notices about tobacco

products available for saleRegulation 16

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Schedule 4—Statement for retail and wholesale outlet notices about

e-cigarette products available for saleRegulation 17

We Sell E-cigarette Products

Here

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Schedule 5—Health warning signs and cessation of smoking programs

Part 1—Statements for retail outlet health warning signs

Regulation 19(1)

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Schedule 7—Forms


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Part 2—Retail outlet sign relating to programs assisting in the cessation

of smokingRegulation 19(2)

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Schedule 6—Prohibition of the sale of tobacco products to minors sign

Regulation 20

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Schedule 7—FormsFORM 1

Regulation 21(1)

Tobacco Act 1987 (section 36D(3))

ENTRY, SEARCH, SEIZURE AND TAKING ACKNOWLEDGEMENT OF CONSENT

Name of inspector:

Details of premises:

Name of occupier:

Address:

Consent to entry and search:

Purpose of entry and search:

Statement of occupier—

The inspector has informed me of the purpose of the search.

I have been informed that I may refuse consent to the entry and search of the premises.

I have been informed that anything seized or taken with my consent during the search may be used in evidence in proceedings.

I consent to the entry and search of the premises.

Signature of occupier: Date: Time:

Consent to seizure and taking:

Items to be seized:

Statement of occupier:

I consent to the seizure and taking of any items listed.


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FORM 2Regulation 21(2)

Tobacco Act 1987 (section 36EA(5))

ENTRY AND INSPECTION ACKNOWLEDGEMENT OF OCCUPIER'S CONSENT

Name of inspector:

Details of premises:

Name of occupier:

Address:

Consent to entry and inspection:

Purpose of entry and inspection:

Statement of occupier—

The inspector has informed me of the purpose of the inspection.

I have been informed that I may refuse to give consent to the entry and inspection.

I consent to entry and inspection of the premises.


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EndnotesTable of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 7(2)(b) Competition and Consumer (Tobacco) Information Standard 2011 of the Commonwealth as in force on 26 July 2013

Sections 3.2(2), 3.3(2), 3.6(2), 3.7(2), 4.2(2) and (3), 4.3(2) and (3) and 4.7(2)

Regulation 9(2)(b) Competition and Consumer (Tobacco) Information Standard 2011 of the Commonwealth as in force on 26 July 2013

Sections 3.2(2), 3.3(2), 3.6(2), 3.7(2), 4.2(2) and (3), 4.3(2) and (3) and 4.7(2)

Endnotes


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