Tobacco Reforms - Requirements for retailers

Recent legislative changes to the Tobacco Act 1987 introduce new provisions on cigarette sales to minors, advertising and smoke free dining. A staggered implementation phase ranges from 1 November 2000 to 1 January 2002.

Laws effective before 1 July 2001

Any tobacco advertising in the retail premises must be adjacent to the point of sale of tobacco products; Gifts are not to be provided with the purchase of tobacco products; There are increased penalties associated with selling cigarettes to minors, including the ability to lose the right to sell tobacco and fines of up to $5,000; Vending machines are only allowed in a licensed premise, bingo hall, staff amenity area or the vending machine must not be accessible by the public. An A5 'no sales to minor' sign must be affixed to the machine.

From the 1^st July 2001

Requirement to display a health warning/quit smoking sign
Retailers need to display a health warning or quit smoking sign, either at the premises entrance or next to where tobacco products are offered for sale. The chosen sign must be displayed so that it is clearly visible to customers. An infringement of $100 can be levied against retailers who do not have the signs on display or a fine of up to $1000 in the Magistrates' Court.

Ban on packaging non tobacco products with tobacco products for sale
Make sure the retailer understands that non-tobacco products cannot be provided or sold with tobacco products. From 1 July 2001, new legislation made it illegal to package non-tobacco products with tobacco products for sale together regardless of whether or not there is a charge for the non-tobacco product.

Customers who purchase cigarettes can also purchase matches, lighters and other non-tobacco products, which are ancillary to smoking, provided these products are not discounted. There is also a defence in the Tobacco Act 1987 under section 7(2) which states that "It is a defence to provide that the benefit or thing supplied, or participation of the scheme, was only incidentally connected with the purchase of a tobacco product and that equal opportunity to receive the benefit or thing or to participate in the scheme was generally afforded to persons who purchased products whether or not they were tobacco products."

From 1st October 2001

Requirement to display a "No tobacco sales to minor" sign
Retailers must display a "no tobacco sales to minors" sign from 1 October. Signs were sent to retailers and made available for Councils in June 2001.

Retailers must not display signs outside their retail outlet advertising the sale of cheap or discount cigarettes.
Tobacco retailers cannot have signs advertising the sale of cheap or discount cigarettes outside their retail outlet. A $100 infringement can be levied against retailers who do have these signs on display outside their retail outlet. It is important to note that the signs can be displayed inside the retail outlet.

From 1st January 2002

Ban on tobacco advertising in retail outlets
Retailers cannot have any tobacco advertising within the retail outlet such as flags, posters, stickers, desk pads or backlit signs.

Ban on display of cartons
Retailers cannot display cartons at their retail outlet at all.

Maximum display area
Retailers must display all dry tobacco products (cigarettes, roll your own tobacco, dry cigars) within a maximum display area of 4 square metres. This does not include cigars contained in humidors. Cigars in humidors are not included in the 4 square metres.

One point of display for tobacco at retail outlets
Retailers must only display front facings of tobacco products at one point of sale within the retail outlet.

Multiple points of sale allowed for tobacco at retail outlet
Retailers can sell from more than one point of sale, provided the tobacco front facings of tobacco products at the second point of sale are covered up by price tickets (or are out of view). Similarly at a third or fourth point of sale tobacco products must be covered up by price tickets (or be out of view).

Product Line Definition
Retailers must ensure tobacco on display complies with product line definition. Tobacco can only be displayed if it differs from other products on the basis of:

1. Trademark;
2. Brand name;
3. Nicotine or tar content; or
4. Flavour.

Retailers can only display one of each kind (product line) of tobacco product. Different size packages are not treated as different product lines. Therefore retailers cannot display different sizes of cigarette packages with the same flavour, tar content, brand name or trademark.

For example, they cannot display Brand A, 25s, Menthol, 4mg as well as Brand A 30s, Menthol, 4mg. However, you can display each of Brand A, Menthol and Virginia, in 4mg, 8mg, 12mg or any other tar content.

No advertising on vending machines
Retailers must remove tobacco advertising from the front of vending machines. The representation of packages on vending machines must also comply with product line definition.

Price Tickets
Retailers can use price tickets to obscure different pack sizes of the same product line to provide the customer with product information. These price tickets can be as large as the largest tobacco product on display, with information about the tobacco products such as the price, brand, size, country of origin and product category information. The price tickets can be in up to four colours, provided these colours are used on other price tickets throughout the retail outlet.

Price Boards
Retailers can use price boards up to 1.5 metres by 1.5 metres in the retail outlet at point of sale. They can display an unlimited number of price boards within the premises. The price boards can contain information about tobacco products available for sale such as price, brand name, size and discount information

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Further information

Public Health Unit
c/o Richmond Town Hall
333 Bridge Road, Richmond
Telephone 9205 5166
Email info@yarracity.vic.gov.au

Links

Within this site
Yarra City Councl

 

Information supplied by: Electronic communications & design officer - 9205 5214

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