Health Minister Chester Gillan today announced that effective June 1, 2006, amendments to the Tobacco Sales and Access Act will prohibit the display, advertisement and promotion of tobacco products in any place where tobacco is offered for sale on PEI.
The amendments prohibit the use of a countertop or wall display and any display that would permit a consumer, either inside or outside the retail store, to view any tobacco products prior to purchasing. This change was a recommendation of the Standing Committee on Social Development on Retail Sale of Tobacco Products and is supported by several health-focused organizations on PEI. The Standing Committee is a joint committee of Government and Opposition members.
“By reducing the accessibility of tobacco products, these amendments support government’s commitment to encourage healthy lifestyles and to reduce tobacco use, particularly among our youth,” said Minister Gillan.
The legislation does allow store owners to have a sign listing prices and types of tobacco available, provided the sign complies with requirements set out in the regulations. The store owner may provide a maximum of one sign per cash register, which may be affixed to the counter or wall near the register, and one sign which may be kept under the counter for reference by the cashier.
The federal Tobacco Act already has restrictions in place in regard to the promotion of tobacco products. This legislation prohibits advertising and promotion of a tobacco product in any place where tobacco is offered for sale, including licensed premises. Promotion includes any use of a brand element. A person who sells tobacco cannot display tobacco advertisements of any kind inside the premises, nor can an advertisement be placed so that it is visible from the outside.
“Department of Health staff have been working with retailers for several months in order to help them prepare for the new amendments. In late March 2006, all tobacco retailers were consulted regarding the display ban provision in the Tobacco Sales and Access Act. In addition, staff are available to answer questions and provide advice to retailers,” noted Minister Gillan.
The Act does include an exemption for a tobacconist shop. A retail store may be considered a tobacconist shop only if the primary business conducted is the retail sale of tobacco and if persons under the age of 19 years are not permitted access to the tobacconist shop. Even for tobacconists, tobacco products displayed inside the shop cannot be visible from outside the shop.
In addition to the Tobacco Sales and Access Act changes, new amendments to the regulations under the Smoke-free Places Act now prohibit smoking in any building or enclosed structure on the grounds of a hospital or anywhere on school grounds. The changes regarding hospitals were effective as of May 20, 2006, while the restrictions of smoking on school grounds will take effect on July 1, 2006.
“We are pleased to see that tobacco is finally being treated as the lethal product it is,” says Vicki Bryanton, Executive Director of the PEI Lung Association. “It has been very difficult for us to educate children that tobacco is a serious and dangerous product when it was displayed right next to the candy. Putting tobacco out-of-reach visually, sends an important message to our youth.”
“Prince Edward Island is one of the first provinces in Canada to ban the display of tobacco products in retail outlets, which is something we can be proud of,” explains Dawn Binns, Executive Director, Canadian Cancer Society, PEI division. “While we continue to work in all areas of tobacco control, these amendments represent a significant shift in tobacco advertising – collectively, we are saying it is no longer okay for youth to be unfairly targeted by tobacco companies.”
According to the 2004 Canadian Tobacco Monitoring Survey (CTUMS), 17 per cent of Island youth aged 15 to 19 years smoked and 31 per cent of Islanders 20 to 24 years smoked.
“The health risks for smokers are well established,” says Minister Gillan. “Smoking is a major cause of heart disease, stroke and diseases of the blood vessels, and is responsible for many cancers including those of the lung, mouth and bladder. These new amendments will contribute to a comprehensive strategy to help reduce tobacco use in PEI.”
Questions and Answers
What was the rational behind the amendments to the Tobacco Sales and Access Act?
In December 2003 the PEI Legislative Assembly directed the Standing Committee on Social Development to hold public hearings across PEI regarding the retail sale of tobacco products. This Committee comprised both Government and Opposition MLAs.
During the period from January 2004 to March 2004 the committee held a number of meetings, including three public meetings, inviting individuals and organizations to present their views concerning retail sale of tobacco. In total, there were 72 communications to the committee, either in the form of a presentation or written communication, which are retained in the permanent files of the committee in the Office of the Legislative Assembly. A majority of these presentations were consistent in calling for stronger legislation around the areas of tobacco control, education, awareness and cessation.
On April 20, 2004, the committee reported its findings to the Legislative Assembly. The report made a number of recommendations in respect to the retail sale of tobacco and tobacco products. The Tobacco Sales to Minors Act was amended [including a change in title to the Tobacco Sales and Access Act (TSAA)] to reflect the new, broader scope of the act and government’s commitment to denormalizing smoking and to cut down on the accessibility and visibility of tobacco products.
Do the new amendments to the Tobacco Sales and Access Act include any restrictions on displaying tobacco products?
Effective June 1, 2006, the act will prohibit the display of tobacco products in any place where tobacco is offered for sale. This includes the use of a counter top or wall display, and any display that permits a consumer, either inside or outside the place, to view any tobacco products prior to purchasing.
What do retailers need to do to comply with the display ban in this legislation?
All tobacco products must be stored in such a way that they are not visible prior to purchasing. Each store owner can decide on the best option for their individual location. Some potential options include:
• storing tobacco products under the counter;
• storing tobacco products in a closed cabinet;
• installing a curtain or sliding door across the product display case; or
• covering the glass of a display case.
Costs incurred while making changes to the retail space in order to comply with the legislation are the responsibility of the store owner.
How will customers know the price and availability of tobacco products if the products cannot be displayed?
The legislation does allow the store owner to have a sign listing the types of tobacco available and their price, provided the sign complies with requirements set out in the regulations. In this context, “types of tobacco” means only whether the tobacco is in cigarette form, premium or discount, loose tobacco or pipe tobacco, etc. No brands can be referenced on this sign. The store owner may provide a maximum of one sign per till, which may be affixed to the counter or wall near the till, and one sign which may be kept under the counter available for reference by the cashier.
What are the requirements to follow when developing the tobacco availability sign?
The sign has very specific requirements similar to those in other Canadian provinces where a display ban has been put in place. The sign must meet the following requirements:
• the maximum size of the sign cannot exceed 968 square centimetres (150 square inches);
• the sign shall be white with black text;
• the maximum height of a letter in the sign’s text cannot exceed 18 millimeters;
• the text size and style must be consistent in all parts of the sign, and the text cannot contain italics, bold type or underlining;
• the text of the sign cannot identify or reflect a brand of tobacco.
Will allowances be made when tobacco products are visible during shelf restocking and inventory taking?
Enforcement officers will use reasonable judgement and allow for these types of activities.
What type of advertising and promotion is allowed?
The federal Tobacco Act already has restrictions in place in regard to the promotion of tobacco products. This legislation prohibits advertising and promotion of a tobacco product in any place where tobacco is offered for sale, including licensed premises. “Promotion” includes any use of a brand element. A person who sells tobacco cannot display tobacco advertisements of any kind inside the premises, nor can an advertisement be placed so that it is visible from the outside.
Have the regulations around the display of signs by a retailer selling tobacco products changed?
The regulations concerning signage have been expanded. The display of a Type C sign will now also be required of a person who has had their registration certificate (issued under the Revenue Tax Act) either temporarily or permanently revoked for contravening the legislation. This is a sign giving the public notice of the suspension or revocation of the certificate. The display and location of the Type C sign will be directed by the inspector.
A person who sells tobacco products is now required to display a Type D sign which indicates the effects of tobacco use on health. Tobacco Enforcement Officers distributed Type D signs to all tobacco retailers during the most recent routine tobacco inspection.
The display of a sign indicating the availability and price of tobacco products is now permitted at retail stores provided the sign meets the requirements set out in the regulations. The requirements were discussed earlier in this Question and Answer document.
Are there any exceptions to the display ban?
The section of the Act which deals with the display of tobacco products does include an exemption for a tobacconist shop. A retail store may be considered a tobacconist shop and therefore may display tobacco products, only if the primary business conducted is the retail sale of tobacco and if persons under the age of 19 years are not permitted access to the tobacconist shop. Even for tobacconists, however, tobacco products displayed inside the shop cannot be visible from outside the shop.
If I am a tobacconist and the tobacco product display cannot be visible from the outside, should I be concerned about the safety of individuals inside the store?
Provincial Occupational Health and Safety regulations require an employer to identify any safety risks for employees and to mitigate against such risks. Employees working alone, and those who work in jobs handling cash, face risks that can be guarded against - employers would be expected to take measures such as installing surveillance devices, panic buttons, use of security, etc. We would further suggest that an employer may want to ensure that law enforcement officials have a clear view of the customer service area of the retail premises. This should be taken into consideration when arranging tobacco product displays and window dressings.
Is the sale of tobacco products in pharmacies prohibited?
In the report issued by the committee, it was noted that the sale of tobacco products in pharmacies is incompatible with the position of the pharmacist as a health-care professional and the image of a pharmacy as a health centre.
Nationally, the Canadian Pharmaceutical Association has adopted a position statement calling for a ban on tobacco sales in pharmacies, and most pharmacists in Prince Edward Island have voluntarily removed tobacco products from their retail stores.
Recent amendments to the Tobacco Sales and Access Act, have added pharmacies and retail stores containing pharmacies to the list of designated places in which the sale of tobacco is prohibited. Therefore, since January 1, 2006, the legislation has prohibited pharmacies and stores containing pharmacies from selling tobacco products.
Who will enforce the legislation?
The legislation will continue to be enforced by environmental health officers/tobacco enforcement officers employed by the Department of Health.
How will non-compliance be handled?
Routine inspections will be carried out to ensure compliance with the legislation. Officers will also be available to provide assistance by answering any questions store owners may have.
Will there be fines for non-compliance?
Any person who contravenes a provision of this act or the regulations is guilty of an offence and liable on summary conviction for:
• a first offence, to a fine not exceeding $2,000;
• a second offence, to a fine not exceeding $5,000;
• a third and subsequent offence, to a fine not exceeding $10,000.
A retailer vendor’s registration certificate may also be amended or endorsed pursuant to s.2.1 of the Health Tax Act to prohibit the retail vendor from selling tobacco.
Where can I get a copy of the Tobacco Sales and Access Act and regulations?
A copy of the Tobacco Sales and Access Act and regulations will be available from the Government of PEI website at www.gov.pe.ca or from Island Information Service, 1st floor Jones Building, 11 Kent Street, Charlottetown.
Who can I contact for more information in regard to the Tobacco Sales and Access Act and regulations?
For further information, you may contact:
Environmental Health, 16 Garfield Street, PO Box 2000, Charlottetown, PE C1A 7N8
Phone: (902) 368-4970, Toll free: 1-800-958-6400, Fax: (902) 368-6468.