Understanding Tobacco Order

By The Ministry of Health

TOBACCO ORDER 2005

Tobacco Order 2005 that has been gazetted in June 2005 is provision by law [Section 1] to:
- Prohibit advertisements relating to smoking
- Control the use of tobacco products
- Control the sale, promotion, packaging and trade description of tobacco products
- Prohibit smoking in specified places and vehicles
- Provide for matters connected therewith and incidental thereto
Tobacco product means cigarette, cigar or any other form of tobacco, including any mixture containing tobacco [Section 2]

TOBACCO CONTROL FOR IMPORTERS
Any person who imports any tobacco product into this country is required to obtain licence to be issued by the Director General of Health Services. If convicted, fine not exceeding B$5,000 and B$10,000 for subsequent convictions [Section 12]
They have to ensure that all tobacco products are marked, labelled or accompanied by any warning relating to health, information or description that have been prescribed.
If convicted, fine not exceeding B$10,000, imprisonment not exceeding six months or both. For subsequent convictions, fine not exceeding B$20,000, imprisonment not exceeding one year or both [Section 13]

PROHIBITION ON ADVERTISEMENTS RELATING TO SMOKING
Prints, publishes, displays, affixes, distributes any tobacco product advertisement. Sells any magazine, newspaper, film or videotape or any other thing that contains tobacco product advertisement [Section 17]
Advertisement includes any notice, circular, pamphlet, brochure, programme, price-list, label, wrapper or other document and any announcement, notification or intimation to the public [Section 2]
If convicted, fine not exceeding B$10,000, imprisonment not exceeding six months or both. For subsequent convictions, fine not exceeding B$20,000, imprisonment not exceeding one year or both [Section 17]

PRODUCTS CONTROL THE SALE OF TOBACCO
Retailers are required to display suitable, sufficient number and adequate size notices in conspicuous positions in the premises or place where the product is sold "Sale of any tobacco product to persons below the age of 18 years is prohibited by law". If convicted, fine not exceeding B$5,000 and B$10,000 for subsequent convictions [Section 11]
Sale of cigarettes in a package that contains the prescribed number of 20 cigarettes only. If convicted, fine not exceeding B$10,000, imprisonment not exceeding six months or both. For subsequent conviction, fine not exceeding B$20,000, imprisonment not exceeding 12 months or both [Section 4]
Sale of cigarettes in loose sticks is also prohibited [Regulation 6(5)(a) Licensing Regulations]

PROHIBITION ON SALE OF TOBACCO PRODUCTS
Sale of any tobacco product to a person below the age of 18 years, fine not exceeding B$5,000 and B$10,000 for subsequent convictions [Section 9]
Sale of any tobacco product by vending machines, fine not exceeding B$5,000 and B$10,000 for subsequent convictions [Section 5]
Sale of article designed to resemble tobacco product, fine not exceeding B$5,000 and B$10,000 for subsequent convictions [Section 6]
Sales promotion via sponsorship, free gift, distribution of any free sample tobacco product, fine exceeding B$10,000, imprisonment not exceeding six months or both. For subsequent convictions, fine not exceeding B$20,000, imprisonment not exceeding one year or both [Sections 7 and 8]

PROHIBITION OF SMOKING IN SPECIFIED PLACES AND VEHICLES
Manager / operator is required to display suitable, sufficient number and adequate size notices in conspicuous positions stating to the effect the "Smoking is prohibited by law". If convicted, fine not exceeding B$1,000 [Section 15]
Specified places and vehicles [Section 14 and Tobacco (Prohibition in certain places) Notification 2007] include:
- Government premises including hospitals, health centres, health clinics and nursing homes
- All premises or building being used for commercial, industrial or recreational purposes including eating place, Internet café
- All premises or building to which members of the public have access, e.g. 'Queue of 2 or more persons in a public place'
- Any area in an educational institution or higher educational institution
- Public service vehicles e.g. buses and taxicabs

DUTIES OF MANAGERS AND OPERATORS
Manager / operator is required to display suitable, sufficient number and adequate size notices in conspicuous positions stating to the effect that "Smoking is prohibited by law". If convicted, fine not exceeding B$1,000 [Section 15]
Manager / operator is required to inform the smoker to cease smoking in their premises immediately, indicating the penalty (fine not exceeding B$1,000)
If that person refuses or fails to cease smoking, the manager / operator is required to ask him to leave the premise immediately
If such person refuses to leave the premise or to cease smoking, the manager/operator is required to seek assistance of police officers or authorised officers
Any person who hinders, obstructs, threatens, abuses, molests or assaults the manager / operator in the performance of his duties, fine not exceeding B$1,000 or imprisonment not exceeding six months or both [Section 16]

TO PROTECT PERSONS BELOW AGE OF 18 YEARS
It is prohibited to sell / give / supply any tobacco products to those below age of 18 years. Licensees / other employees are required to ascertain that buyer of tobacco products, is not below the age of 18 years (e.g. to demand to see Identity Card) [Section 9]
Retailers are required to display suitable, sufficient number and adequate size notices in conspicuous positions in the premises or place where the product is sold "Sale of any tobacco product to persons below the age of 18 years is prohibited by law" [Section 11]
If convicted, fine not exceeding B$5,000 and B$10,000 for subsequent convictions

CONTROL OF SMOKING FOR THOSE BELOW AGE OF 18 YEARS
If they smoke or chew any tobacco products in a public place. Buy or has in his possession any tobacco products whether for his own use or not [Section 10]
Fine not exceeding B$500 and B$1,000 for subsequent convictions

- The Ministry of Health's public awareness programme