Tobacco Regulations 2007

Tobacco Regulations 2007 S.R. No. 109/2007 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Revocation 1 4 Definition 1 5 Point of sale notices about tobacco products 2 6 Price tickets or labels 3 7 Retail display area 5 8 Labelling of tobacco products 5 9 Retail outlet warning and cessation of smoking signage 6 10 Retail outlet prohibition of sale of tobacco to minors sign 7 11 Acknowledgment of consent 7 __________________ SCHEDULES 8 SCHEDULE 1—Regulations Revoked 8 SCHEDULE 2 9 PART 1—STATEMENTS FOR RETAIL OUTLET WARNING SIGNS 9 PART 2—RETAIL OUTLET SIGN RELATING TO PROGRAMS ASSISTING IN THE CESSATION OF SMOKING 12 SCHEDULE 3—Prohibition of the Sale of Tobacco Products to Minors Sign 13 SCHEDULE 4—Entry, Search, Seizure and Taking Acknowledgement of Consent 14 ═══════════════ i -- 1 of 15 -- STATUTORY RULES 2007 S.R. No. 109/2007 Tobacco Act 1987 Tobacco Regulations 2007 The Governor in Council makes the following Regulations: Dated: 2 October 2007 Responsible Minister: DANIEL ANDREWS Minister for Health RUTH LEACH Clerk of the Executive Council 1 Objective The objective of these Regulations is generally to prescribe matters required or permitted by the Tobacco Act 1987 to be prescribed or necessary to be prescribed to give effect to that Act. 2 Authorising provision These Regulations are made under section 43 of the Tobacco Act 1987. 3 Revocation The Regulations listed in Schedule 1 are revoked. 4 Definition In these Regulations, the Act means the Tobacco Act 1987. 1 -- 2 of 15 -- Tobacco Regulations 2007 S.R. No. 109/2007 r. 5 5 Point of sale notices about tobacco products For the purposes of section 6(3)(ca) of the Act, the prescribed requirements as to— (a) the size of a notice is that the notice is not larger than 1⋅5 metres by 1⋅5 metres; (b) the information to be contained in a notice is that the notice may contain any one or more of the following— (i) the product lines usually available for sale; (ii) the product flavours; (iii) the pack numbers; (iv) the product prices, including any discount price information; (c) the manner in which the information in a notice is set out or displayed is that the information— (i) contains only lettering or numbers with a width not greater than 1⋅5 centimetres and a height not greater than 2⋅1 centimetres; and (ii) contains letters or numbers printed or written in black or white or in not more than 4 colours, with no colour being fluorescent; and (iii) is not more distinctive than the information in price tickets or labels used within the premises; and (iv) if price information, is printed or written on only one side of the notice; and 2 -- 3 of 15 -- Tobacco Regulations 2007 S.R. No. 109/2007 r. 6 (v) if price information, is not highlighted by any artificial lighting greater than that used throughout the premises. 6 Price tickets or labels (1) For the purposes of section 6(3)(cb) of the Act, the prescribed requirements as to— (a) the size of a price ticket or label is that the price ticket or label is not greater than the size of the largest immediate package of the tobacco product on display; (b) the information to be contained in a price ticket or label is that the price ticket or label may contain the price, including any discount price information, 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 of the product line; (vii) the country of origin of the product line, including any symbol representing the country of origin; (c) the manner in which the information in a price ticket or label is set out or displayed is that the information— 3 -- 4 of 15 -- Tobacco Regulations 2007 S.R. No. 109/2007 r. 6 (i) has a letter or number width not greater than one centimetre and a letter or number height not greater than 2⋅1 centimetres; and (ii) is printed or written in black or white or in not more than 4 colours, with no colour being fluorescent; and (iii) is not more distinctive than price tickets or labels used in relation to other goods within the premises; and (iv) is not set out or displayed in such a way that the information, taken together with the information in one or more other price tickets or labels, forms an image or has a visual effect; and (v) is not highlighted by any artificial lighting greater than that used throughout the premises. (2) For the purposes of section 6(3)(cc) of the Act, the prescribed requirements as to— (a) the size of a price ticket or label is that the price ticket or label is not greater than the size of the largest representation of an immediate package of the tobacco product on display; (b) the information to be contained in a price ticket or label is that the price ticket or label may contain the price, including any discount price information, 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; 4 -- 5 of 15 -- Tobacco Regulations 2007 S.R. No. 109/2007 r. 7 (iv) a bar code or a similar identifying code of the product line; (v) the country of origin of the product line, including any symbol representing the country of origin; (c) the manner in which the information in a price ticket or label is set out is that the information— (i) has a letter or number width not greater than one centimetre and a letter or number height not greater than 2⋅1 centimetres; and (ii) is printed or written in black or white or in not more than 4 colours, with no colour being fluorescent; and (iii) is not set out or displayed in such a way that the information, taken together with the information in one or more other price tickets or labels, forms an image or has a visual effect. 7 Retail display area For the purposes of section 6A(7) of the Act the prescribed area of display is 4 square metres. 8 Labelling of tobacco products For the purposes of section 11 of the Act, packages in which tobacco prepared for smoking is sold, or intended to be sold, by retail must be labelled in accordance with the provisions of the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 of the Commonwealth, other than regulation 20, and as if in regulation 19(8) of those Regulations, the references to "according to the testing methods specified in regulation 20" and "according to those testing methods" were revoked. 5 -- 6 of 15 -- Tobacco Regulations 2007 S.R. No. 109/2007 r. 9 9 Retail outlet 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 that— (a) the sign must be a minimum A3 in size (297 millimetres by 420 millimetres or 420 millimetres by 297 millimetres); and (b) the sign must contain one of the statements in Part 1 of Schedule 2 and be 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 size 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 must be a minimum A3 in size (297 millimetres by 420 millimetres or 420 millimetres by 297 millimetres); and (b) the sign must contain the statement in Part 2 of Schedule 2 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 size of the sign; and 6 -- 7 of 15 -- Tobacco Regulations 2007 S.R. No. 109/2007 r. 10 (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. 10 Retail outlet prohibition of sale of tobacco 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 3. (2) The prescribed sign must be— (a) printed with a blue background and white lettering; and (b) a minimum A4 in size (210 millimetres in width and 297 millimetres in height); and (c) 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. (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. 11 Acknowledgment of consent For the purposes of section 36D(3) of the Act, the prescribed acknowledgment of consent by an occupier of premises to an entry and search of the premises and the seizure or taking of any thing during the search must be in the form of Schedule 4. __________________ 7 -- 8 of 15 -- Tobacco Regulations 2007 S.R. No. 109/2007 Sch. 1 SCHEDULES SCHEDULE 1 Regulation 3 REGULATIONS REVOKED S.R. No. Title 105/1997 Tobacco Regulations 1997 11/1998 Tobacco (Amendment) Regulations 1998 87/1999 Tobacco (Labelling) Regulations 1999 116/2000 Tobacco (Amendment) Regulations 2000 55/2001 Tobacco (Amendment) Regulations 2001 66/2002 Tobacco (Amendment) Regulations 2002 32/2003 Tobacco (Amendment) Regulations 2003 21/2006 Tobacco (Amendment) Regulations 2006 __________________ 8 -- 9 of 15 -- Tobacco Regulations 2007 S.R. No. 109/2007 Sch. 2 SCHEDULE 2 PART 1 Regulation 9(1) STATEMENTS FOR RETAIL OUTLET WARNING SIGNS 9 -- 10 of 15 -- Tobacco Regulations 2007 S.R. No. 109/2007 Sch. 2 10 -- 11 of 15 -- Tobacco Regulations 2007 S.R. No. 109/2007 Sch. 2 __________________ 11 -- 12 of 15 -- Tobacco Regulations 2007 S.R. No. 109/2007 Sch. 2 PART 2 Regulation 9(2) RETAIL OUTLET SIGN RELATING TO PROGRAMS ASSISTING IN THE CESSATION OF SMOKING __________________ 12 -- 13 of 15 -- Tobacco Regulations 2007 S.R. No. 109/2007 Sch. 3 SCHEDULE 3 Regulation 10 PROHIBITION OF THE SALE OF TOBACCO PRODUCTS TO MINORS SIGN __________________ 13 -- 14 of 15 -- Tobacco Regulations 2007 S.R. No. 109/2007 Sch. 4 SCHEDULE 4 Regulation 11 Tobacco Act 1987 (section 36D) 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. Signature of occupier: Date: Time: ═══════════════ 14 -- 15 of 15 --