Healthy Caribbean Coalition - Anti-tobacco law in effect
- The Trinidad Guardian
Published February 14, 2010
A couple of weeks ago, the Minister of Health announced that some parts of the 2009 Tobacco Act
would come into effect on Ash Wednesday. Doubtless, this timing was in the hope that some people, in
the spirit of Lent, would give up smoking entirely. The bulk of smokers, however, will not stop smoking
immediately, because the law is passed or Lent has started. It is thus important that they understand
what impact the law will have on them. It is also important for owners of business places and
employers to appreciate their obligations.
No smoking in enclosed place
Parts I and III (and some sections of Part II) of the Tobacco Act
are set to come into effect. While Part I relates chiefly to
definitions and the power of officers to search and so on, Part III
more significantly deals with prohibitions that will now come
into effect. Anyone who runs a business or rents out premises
that operates a business will be affected by this law, and must
familiarise himself with what are the prohibitions under the new
act. Part III comprises 11 sections from Section 12 to Section 22.
Section 12 states:
“No person shall smoke or hold a lighted tobacco product in any
enclosed public place, enclosed workplace, or public
conveyance...
“Where a person contravenes this law the manager, owner or
lessee of the place where the contravention occurred, if he
authorised or acquiesced in the act, is personally liable.
“The liability is to a fine of $10,000 and six months’ imprisonment.
What is an “enclosed” place? The act defines it thus:
“Enclosed,” in relation to a space, means any space covered by a roof, completely or substantially
enclosed, with the term substantially enclosed meaning more than 50 per cent closed to the outside
air.
Therefore, outside verandahs, such as exist in some clubs or outside cafes, would not be considered
enclosed, and smoking would be permissible in such places.
Public displays
The act also prohibits public displays or self-service of cigarettes and other tobacco products. Here is
what it states:
“No person shall sell any tobacco product in such a way that a consumer may handle the product
without the assistance of a sales clerk or other employee...prior to purchase.
“Further, no person shall display tobacco products in such a way that they are visible to the public, but
the prohibition against public displays of tobacco products shall not apply to individuals, incidentally
or accidentally, displaying tobacco products during carrying or use.”
This means that cigarettes, for example, that are for sale, must not be visible to the public. They must
also not be accessible to the public without the assistance of an employee. The combined effect of these
laws is that any cigarettes that are for sale must be kept out sight and secure in, for instance, an area
behind the counter or in somewhere that is locked. The law requires manufacturers or sellers to keep
cigarettes and other tobacco products hidden from public sight in transporting or unloading these
items. A minor may not sell tobacco products or purchase such products. A minor is a person under 18.
Anyone, therefore, selling these products to a minor or hiring a minor to sell them is commits an
offence.
Further, tobacco products may not be purchased through any self-service means, such as by mail,
through the Internet, or automatic vending machines. Sale and use of cigarette sweets will no longer be
legal. The act specifies that no one may (a) import or manufacture; or (b) sell, display for sale,
distribute or supply, any sweets, snacks, toys or other non-tobacco items or objects in the form of
tobacco products, or which imitate tobacco products.
Advertising
Anyone who owns a T-shirt that promotes cigarette use or any company that manufactures or sells
tobacco products must be careful whether and when they wear such clothing, come next Wednesday.
The act provides: “No person shall initiate, produce, publish, engage or participate in any tobacco
advertising, promotion or sponsorship.” Over the years, cigarette ads have decreased, but were not
banned. Now,one may not engage in any form of tobacco sponsorship. Does this mean, then, that
WITCO may not support its sports interest, since indirectly this will be promoting the company? How
does this law impact in the name of such companies like the very WITCO, which stands for West
Indian Tobacco Company? Some of these issues still need clarification.
Public awareness
The Ministry of Health has begun a public education programme which is actually mandated by the
act. What is needed immediately, however, it seems to me, is some large billboards, proclaiming in
succinct and simple terms what the law prohibits, from next Wednesday. People need to understand
exactly what they may not do, otherwise the law will be observed more in the breach. Publication of the
specific sections of the act that come into effect must be effected in some form that people will clearly
appreciate. This is Carnival weekend, and the ministry will have a challenge. They had started off
promisingly, by highlighting weeks ago, that Carnival will be free of the act which will come into force
on Ash Wednesday.
That is something that will stick. Now, perhaps, they can get the word out in other forms of
advertisements, even those connected to Carnival, if this is the way to get people to listen. The public
must be made fully aware and conscious of the prohibitions relating to the sale and use of tobacco
products.