- 1 Short title and commencement
- 2 Purpose
- 3 Interpretation
- 4 Prohibition on advertising
- 5 Activities that are not tobacco product advertisements
- 6 Permitted activities
- 7 ‘Smoking Kills’ signage at point of sale
- 8 Prohibition against brand stretching
- 9 Prohibition against reverse brand stretching
- 10 Tobacco sponsorships, scholarships, etc. prohibited
- 11 Sale of tobacco products to people under 18 prohibited
- 12 Confectionery and toy tobacco products prohibited
- 13 Sale of tobacco via vending machines and other methods of
- 14 Free distribution and rewards prohibited
- 15 Controls on the content of tobacco products
- 16 Testing required
- 17 Reports of constituents, additives, and certain business
- 18 Packaging and labelling requirements
- 19 Other acceptable standard may be adopted
- 20 Constituent and additives disclosures required to be disp
- 21 Package inserts
- 22 Misleading labelling prohibited
- 23 Smoking in public places and workplaces prohibited
- 24 Smoking in restaurants until 31 May 2009
- 25 Smoking in restaurants from 1 June 2009
- 26 Smoking in licensed premises until 31 May 2009
- 26A Smoking on licensed premises from 1 June 2009
- 27 Smoking in certain institutions
- 28 No smoking signs required
- 29 No smoking on public transport vehicles
- 30 Smoking in aircraft
- 31 Obligations of owners or operators of premises and owners
- 32 Appointment of Enforcement Officers
- 33 Inspection and investigative powers of Enforcement Office
- 34 Duties of Enforcement Officers
- 35 Liability for the actions of agents or employees
- 36 Additional penalties
- 37 Enforcement cost recovery
- 38 Regulations
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2008 Revised Edition CAP. 28.14
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1 Shor t title and commencement............................................................................... 5 2 Purp ose................................................................................................................... 5 3 Inter pretation.......................................................................................................... 6 4 Proh ibition on advertising.................................................................................... 10 5 Activities that are not tobacco product advertisements ....................................... 10 6 Permitted activities .............................................................................................. 10 7 ‘Smoking Kills’ signage at point of sale..............................................................11 8 Prohibition against brand stretching .................................................................... 11 9 Prohibition ag ainst reverse brand stretching........................................................12 10 Tobacco sponsorships, scholarships, etc. prohibited ........................................... 12 11 Sale of tobacco products to people under 18 prohibited......................................13 12 Confectionery and toy tobacco products prohibited ............................................ 13 13 Sale of tobacco via vending machines and other methods of unsupervised
sales prohibite d .................................................................................................... 14 14 Free distribution and rewards prohibited ............................................................. 14 15 Cont rols on the content of tobacco products........................................................ 15 16 Testing required ................................................................................................... 15 17 Reports of con stituents, additives, and certain business information
required ................................................................................................................ 16 18 Pack aging and labelling requirements ................................................................. 16 19 Othe r acceptable standard may be adopted.......................................................... 17 20 Constituent and additives disclosures required to be displayed on all
tobacco product packages .................................................................................... 18 21 Pack age inserts..................................................................................................... 18 22 Misl eading labelling prohibited ........................................................................... 18 23 Smo king in public places and workplaces prohibited.......................................... 19 24 Smoking in restaurants until 31 May 2009 .......................................................... 19 25 Smoking in restaurants from 1 June 2009............................................................ 20 26 Smoking in licensed premises until 31 May 2009 ............................................... 21 26A Smoking on licensed premises from 1 June 2009................................................ 21 27 Smoking in certain institutions ............................................................................ 21
2008 Revised Edition Page 3
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28 No s moking signs required...................................................................................22 29 No s moking on public transport vehicles.............................................................22 30 Smo king in aircraft...............................................................................................23 31 Obli gations of owners or operators of premises and owners or operators of
public transport vehicles or aircraft......................................................................23 32 App ointment of Enforcement Officers.................................................................23 33 Inspection and investigative powers of Enforcement Officers.............................24 34 Duties of Enforcement Officers ...........................................................................25 35 Liability for the actions of agents or employees ..................................................26 36 Additional penalties..............................................................................................26 37 Enforcement cost recovery...................................................................................27 38 Regulations...........................................................................................................27
ENDNOTES 30
Page 4 2008 Revised Edition
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Commencement [30 December 2008]2
The purposes of this Act are — 2008 Revised Edition Page 5
� Interpretation
In this Act, unless the contrary intention appears —
Additive means a substance that forms part of a tobacco product that is not cured tobacco leaf; and includes — Broadcast means the transmission of programmes, whether or not encrypted, by radio waves or other means of telecommunication for reception by the public by means of broadcasting receiving apparatus;
Cigarette means a tobacco product comprising a roll of cut tobacco, enclosed in paper;
Constituents in relation to tobacco products intended for smoking, means the chemicals found in the product itself, and in the smoke emitted from the product, and in relation to smokeless tobacco products, constituents mean the chemicals inherent in the tobacco itself;
Court means the Magistrates or Senior Magistrates Court;
Distributor means a person that is in the business of selling tobacco products (but who does not sell tobacco products by retail) and includes a manufacturer or importer of tobacco products;
Enforcement Officer means a person appointed for the purposes of this Act under section 34 of this Act;
Page 6 2008 Revised Edition
Exporter means any person that sends, or arranges for tobacco products or raw tobacco to be sent from Tuvalu to a point outside Tuvalu;
Health message means a warning or an explanatory statement about the health effects of tobacco use, the benefits of and/or suggestions for quitting, and any other matter related to tobacco and health, as prescribed by regulations made under the Act;
Importer means any person who brings tobacco products or raw tobacco into Tuvalu for the purpose of sale or distribution;
Licensed premises means any premises, or any part of any premises, on which liquor may legally be sold;
Loose cigarettes means cigarettes that are not contained in a package;
Loose tobacco means tobacco, prepared for smoking in hand rolled cigarettes or in a pipe, which is not contained in a package, and includes products known as “sului”, “tufaga” and “Irish cake”;
Manufacturer means any person that manufactures, fabricates, produces, processes, packs and/or labels tobacco products, and includes any entity that is associated with the manufacturer, including an entity that controls or is controlled by the manufacturer, or that is controlled by the same entity that controls the manufacturer;
Minister means the Minister of Health or designate;
Ministry means the Ministry of Health;
Other message means, in relation to messages on tobacco packaging, other information relating to the social, economic, cultural or other effects of tobacco use or exposure to tobacco smoke, or advice on avoidance of harms associated with tobacco use or exposure;
Package means any container, wrapper, carton, or other enclosure that contains any tobacco product or in which tobacco products are customarily sold and includes the package’s label;
Person includes a natural person, a corporation sole, a body corporate, and an unincorporated body;
Point of sale means a checkout where tobacco products may be bought; and includes a till or cashbox, where tobacco products may be bought, even if it is not at or part of a checkout;
Prescribed means required by regulations made under this Act;
Promote in relation to tobacco products or the activities of a seller, means any act or practice that is intended or likely to encourage the purchase or use of any tobacco product or brand or create a positive awareness of or association with, a tobacco product, brand, manufacturer or seller;
2008 Revised Edition Page 7
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Public place means any place to which members of the general public or segments of the general public ordinarily have access by express or implied invitation, whether by payment or otherwise. Any place or part thereof used primarily as a private residence shall not be considered a public place under this Act;
Public transport vehicle means any form of transportation that carries passengers for hire or reward, and includes buses, taxis and boats;
Publish means to — Restaurant means any premises, or any part of any premises, where the principal business is the selling of meals or refreshments to the general public for consumption on the premises, whether or not liquor is or may be sold on those premises or that part of those premises; and includes any room or area on a ship or train where meals or refreshments are provided for passengers to consume;
Retailer means a person who sells tobacco products to consumers;
Secretary means the Secretary of Health or designate;
Sell includes — Seller means any person who sells any tobacco product or raw tobacco and includes any manufacturer, wholesaler, importer, exporter, retailer, or other distributor;
Page 8 2008 Revised Edition
Smoking means inhaling or exhaling the smoke from, or handling, a lighted tobacco product;
Tobacco product means any product containing tobacco in any form, in an amount that is more than an incidental ingredient or component, and that is intended for human consumption and includes all parts and materials, such as filters, rods, portion pouches, and similar matter, as applicable. The term tobacco product excludes raw tobacco that has not been processed or prepared for consumption;
Tobacco product advertisement is any writing, still or moving picture, sign, symbol or other visual image, or any sounds, or any combination of 2 or more of those things, that gives publicity to, or otherwise promotes or is intended to promote either directly or indirectly; Wholesaler means any person who buys tobacco products and re-sells them to another seller;
2008 Revised Edition Page 9
TOBACCO CONTROL ACT
TOBACCO CONTROL ACT
Arrangement of Sections Section
TOBACCO CONTROL ACT
AN ACT TO PROTECT THE HEALTH OF THE PEOPLE OF TUVALU FROM THE DISEASES CAUSED BY TOBACCO USE AND TO REDUCE THE SOCIAL APPROV A L OF TOBACCO USE IN TUVALU BY APPLYING CONTROLS ON THE MARKETING, ADVERTISING, PROMOTION AND SALE OF TOBACCO PRODUCTS AND THEIR ASSOCIATION THROUGH SPONSORSHIP WITH OTHER PRODUCTS AND EVENTS.1
1 Short title and commencement
2 Purpose