Tobacco Law, 2008 TOBACCO REGULATIONS

CAYMAN ISLANDS Tobacco Law, 2008 TOBACCO REGULATIONS (2017 Revision) Supplement No. 37 published with Extraordinary Gazette No. 45 of 31st May, 2017. PUBLISHING DETAILS Revised under the authority of the Law Revision Law (1999 Revision). The Tobacco Regulations made the 1st June, 2010 consolidated with the Tobacco (Amendment) Regulations, 2016 made the 29th November, 2016. Consolidated and revised this 1st day of May, 2017. Page 2 Revised as at 1st day of May, 2017 c Tobacco Regulations Arrangement of Regulations CAYMAN ISLANDS Tobacco Law, 2008 TOBACCO REGULATIONS (2017 Revision) Arrangement of Regulations Regulation Page 1. Citation ......................................................................................................................................5 2. Definitions ..................................................................................................................................5 3. Application for a Certificate of Registration and annual registration ............................................5 4. Duration of registration...............................................................................................................6 5. Businesses not eligible for registration .......................................................................................7 6. Form and content of register ......................................................................................................7 7. Responsibilities of the registrant ................................................................................................8 8. Display on package, of health warning and level of toxicity ........................................................8 9. Display of health message at point of sale .................................................................................9 10. Display of sign showing qualifying age for purchase ..................................................................9 11. Proof of age and identity ............................................................................................................9 12. Restrictions on the sale and display of the brand element ........................................................ 10 13. Internet and mail sales transactions ......................................................................................... 10 14. Posting of signs in areas where smoking is prohibited ............................................................. 11 15. Designated smoking areas in a public place ............................................................................ 11 16. Repeal ..................................................................................................................................... 12 SCHEDULE 13 APPLICATION FOR REGISTRATION AS A DEALER IN TOBACCO PRODUCTS 13 TOBACCO DEALERS REGISTRATION CERTIFICATE 16 TOBACCO DEALERS RENEWAL APPLICATION 17 SCHEDULE 2 19 REQUIRED OUTDOOR VENTILATION AIR 19 c Revised as at 1st day of May, 2017 Page 3 Tobacco Regulations Regulation 1 CAYMAN ISLANDS Tobacco Law, 2008 TOBACCO REGULATIONS (2017 Revision) 1. Citation 1. These Regulations may be cited as the Tobacco Regulations (2017 Revision). 2. Definitions 2. In these Regulations — “controlled smoking area” means that section of a public facility where smoking is permitted as regulated by the Law; “facility” includes establishment; “recreational facilities” includes cinemas, theatres, entertainment or games rooms, parks or sports facilities; and “year” means a calendar year. 3. Application for a Certificate of Registration and annual registration 3. (1) An applicant for a Certificate of Registration as a dealer in tobacco products shall submit to the Chief Officer an application in writing in the form set out as Form 1 in Schedule 1 accompanied by a non-refundable fee of one hundred dollars. (2) A successful applicant shall be issued a Certificate of Registration in the form set out as Form 2 in Schedule 1. c Revised as at 1st day of May, 2017 Page 5 Regulation 4 Tobacco Regulations (3) An application for annual registration shall be accompanied by the following fees — (a) five hundred dollars for a retailer; (b) seven hundred and fifty dollars for the operator of a cigar bar; and (c) five thousand dollars for a wholesale distributor or importer, which fees shall be refundable if the application is unsuccessful. (4) Where a registrant wishes to relocate his business establishment he shall apply by letter, at least ninety days prior to such proposed relocation, to the Chief Officer for a variation of his Certification of Registration which variation shall be granted subject to paragraph (5). (5) In processing an application under paragraph (4) the Chief Officer in consultation with the Department of Planning shall take into account the suitability of the location of the proposed new premises and whether the registrant has been in compliance with the Law. 4. Duration of registration 4. (1) The period of registration shall run from 1st January to 31st December. (2) In respect of an initial application, where at the date of application — (a) there are two months or more remaining in the year, registration is issued until the end of that year with the full fee being payable; or (b) the period remaining in the year is less than two months, the applicant shall pay fifty per cent of the annual fee plus the equivalent of one year’s registration fee for the following year. (3) An application for renewal shall be in the form set out as Form 3 in Schedule 1 but where, in the context of his dealership in tobacco products there has been a change in the applicant’s circumstances since his last registration, he shall also complete Form 1 in Schedule 1. (4) The deadline for the submission of applications for renewal of the Certificate of Registration is 1st November of each year and applications submitted – . (a) after 1st November and up to 31st December attract a late fee of an additional 50 per cent of the registration fee; (b) after 31st December and up to 31st January attract a late fee of an additional 100 percent of the registration fee; and (c) after 31st January and up to 30th June attract a late fee of an additional 200 per cent of the registration fee. (4A) Where a person who was a registered dealer in tobacco products up to 31st December of the preceding year fails to submit an application for renewal of the Certificate by December 31, the registration shall be suspended from the Page 6 Revised as at 1st day of May, 2017 c Tobacco Regulations Regulation 5 register and the person shall cease dealing in tobacco products until the renewal of the Certificate. (4B) Where a tobacco dealer fails to apply for the renewal of the Certificate of Registration by 30th June in the year following the last renewal of registration, the Certificate of Registration shall be revoked. (4C) A tobacco dealer whose Certificate of Registration is revoked in accordance with paragraph (4B) shall, where there is an intention to resume dealing in tobacco products, submit a new application for a Certificate of Registration, and pay — (a) the requisite application fee; (b) the renewal fees that were due before the revocation of the Certificate; and (c) the late fee set out in paragraph (4)(c). (4D) The Department of Commerce and Investment shall be notified of any suspension or revocation of registration under these Regulations. (5) Repealed by regulation 2 of the Tobacco (Amendment) Regulations, 2016. (6) The renewal of registration shall not be granted if the registrant has not been in compliance with the Law. 5. Businesses not eligible for registration 5. (1) The owner of any recreational facility who is desirous of using his business enterprise to deal in or promote the use of a tobacco product, is debarred from acquiring a Certificate of Registration. (2) The prohibition described in paragraph (1) shall also apply to any other business enterprise where minors are the primary customers or consumers of the product or service that is the main business of the establishment. 6. Form and content of register 6. The register required to be kept and maintained by the Chief Officer under section 4(5) of the Law shall be computerised and shall contain the following information — (a) the serial number of the application ; (b) the date of the application; (c) the name of the owner and the location and mailing address of the business enterprise; (d) the name of the principal owner and contact details; (e) the Trade and Business licence number; (f) the nature of the business (whether wholesale distributor, importer or retailer); c Revised as at 1st day of May, 2017 Page 7 Regulation 7 Tobacco Regulations (g) the outcome of the application; (h) the reference to sales through Internet and mail order; (i) the number of the Certificate; and (j) the period of the validity of the Certificate. 7. Responsibilities of the registrant 7. (1) Within six months of the issuance of the initial Certificate and no later than February of the subsequent year every importer and wholesale distributor shall provide the Chief Officer with a signed statement containing the following particulars in relation to the tobacco product — (a) the name and type of the product; (b) the country of origin of the product; (c) the name of the manufacturer; (d) an annual report from the manufacturer in relation to the product and its emissions as required either in the country of origin or by ISO standards; (e) current details regarding identified health risks of tobacco use as required by the manufacturer, by the authorities in the country of origin and in keeping with the latest medical evidence; and (f) any other information required by the Chief Officer in accordance with the World Health Organization Framework Convention of Tobacco Control (FCTC). (2) The registrant shall at all times display the Certificate in a prominent place of the business for the benefit of the public. 8. Display on package, of health warning and level of toxicity 8. (1) No person shall sell a tobacco product unless on each package there is displayed on a principal display surface, a graphic health warning in accordance with the following specifications — (a) the warning shall be written in English and shall be legible and clearly visible to the person who sells as well as to the prospective purchaser; (b) the text of the warning shall occupy at least thirty percent of the display space but no less than that required by the country of origin and be positioned parallel to the top edge of the package; and (c) the text of the warning shall be so positioned on the package as to ensure that it does not become severed or illegible upon the opening of the package. (2) Every seller of a tobacco product shall ensure that there is displayed on a principal display surface of every package of the product that he sells, a statement as to the product’s toxic emissions and such statement shall be in accordance with the following specifications — Page 8 Revised as at 1st day of May, 2017 c Tobacco Regulations Regulation 9 (a) the statement shall be in English; (b) the text of the statement shall be so positioned as to ensure that it does not become severed or illegible upon the opening of the package; and (c) the text of the statement shall consist of a list of toxic emissions to include but not limited to tar, nicotine and carbon monoxide. (3) Where cigars are sold as single items the retailer shall provide plastic bags — (a) on which shall be printed the health warnings and health messages; or (b) in which a leaflet containing the health warnings or health messages shall be placed. 9. Display of health message at point of sale 9. At the point of sale of a tobacco product the owner of the establishment shall display, in a prominent place in the vicinity of the area where such products are located, a sign which — (a) shall be written in English and be legible and clearly visible to the person who sells the product as well as to the prospective purchaser of the product; (b) shall read “SMOKING KILLS” or “SMOKING IS DANGEROUS TO YOUR HEALTH” and any other related message as may be determined by the Chief Officer; and (c) shall be prominently displayed on a surface measuring no less than eight and one half inches in height and fourteen inches in width containing black and white capitalised font against a red background. 10. Display of sign showing qualifying age for purchase 10. (1) Every retailer at the point of sale shall display a sign to the effect that the legal age at which a tobacco product may be purchased is eighteen years. (2) The sign shall be not less than four inches in height and six inches in width on a red background with black and white text and shall state that “tobacco products are not sold to anyone under the age of eighteen.”. (3) The sign shall also state that the seller may require evidence of the age of the prospective buyer. 11. Proof of age and identity 11. (1) A retailer, in attempting to verify that the prospective purchaser of a tobacco product is not a minor, shall require him to produce documentary identification that contains — (a) a photograph of the prospective purchaser; (b) his date of birth; and c Revised as at 1st day of May, 2017 Page 9 Regulation 12 Tobacco Regulations (c) evidence that the document was issued either by the Government of the Islands or by or on behalf of the Government of any other country. (2) Subject to paragraph (1) the following types of identification are acceptable — (a) a driver’s licence; (b) a passport; or (c) a voter’s registration card. 12. Restrictions on the sale and display of the brand element 12. (1) Subject to paragraph (3) a retailer may display the brand element. (2) The prohibition outlined in section 8 of the Law and those enumerated in this regulation do not apply to a merchant — (a) who is not a retailer; and (b) whose establishment does not trade exclusively in brand elements. (3) Where the retailer displays the brand element, such display shall be subject to the following restrictions — (a) there shall be only one area in any business premises where such display may be permitted; (b) only one packet size of twenty cigarettes of each brand may be displayed in the display area; (c) the size of the display area shall not exceed one square meter; (d) there shall be no display of cartons; and (e) where the venue is an enclosed facility, the product displays shall not be visible from outside unless those displays are in respect of non-tobacco brand elements. 13. Internet and mail sales transactions 13. (1) Every application to the Chief Officer for registration shall be accompanied by a disclosure as to whether the applicant is or intends to become engaged in sales through the Internet and mail and failure to so disclose is a bar to lawfully engaging in such sales. (2) Commercial transactions in tobacco products through the Internet and mail are permissible but only for export purposes and among registered dealers in tobacco products. (3) For purposes of inspection every tobacco dealer shall keep a record of each transaction done through the Internet and by mail. Page 10 Revised as at 1st day of May, 2017 c Tobacco Regulations Regulation 14 14. Posting of signs in areas where smoking is prohibited 14. (1) Where smoking in a public place, other than a public conveyance, is prohibited by the Law, it shall be the responsibility of the owner of the establishment to post at least one no-smoking sign at each entrance and exit, and in appropriate locations to ensure that the public is aware that smoking is not permitted, which sign shall — (a) be written in English; (b) be prominently displayed on a surface measuring no less than six inches in height by eight and one half inches in width in a black and white capitalised font at least three inches in height against a red background; (c) have on the upper portion of the display surface a reproduction of the international no-smoking symbol, the circle of which symbol shall measure at least six inches in diameter; (d) be protected from tampering, damage, removal or concealment; and (e) identify the office holder to whom a complaint may be made in respect of anyone found smoking in contravention of the Law. (2) The no-smoking signs posted in a public conveyance shall — (a) prominently display the international no-smoking symbol; and (b) identify an office holder to whom a complaint may be made in respect of anyone found smoking in contravention of the Law. 15. Designated smoking areas in a public place 15. (1) Every controlled smoking area designated as such under section 12 of the Law by the owner of the facility shall require the approval of the Building Control Unit of the Planning Department and the Department of Environmental Health and the owner of such facility shall — (a) take every precaution to ensure that the smoke is properly contained and eliminated in accordance with these Regulations; (b) conduct maintenance checks to ensure that health and safety criteria and all other relevant codes and standards are observed; and (c) comply strictly with the specifications for the configuration and maintenance of his controlled smoking areas as set out in Schedule 2. (2) Every controlled smoking area designated as such under section 12(2)(a) to (c) of the Law shall — (a) be operated exclusively for the sleeping accommodation of the patron occupying it for not more than three months; (b) have a ceiling and, except for doors and windows, be completely enclosed on all sides by solid floor-to-ceiling walls and be under negative pressure relative to adjacent areas; c Revised as at 1st day of May, 2017 Page 11 Regulation 16 Tobacco Regulations (c) have a ventilation system that does not ventilate into any other part of the facility, except any other similarly designated bedroom of the facility; (d) be clearly marked as a bedroom in which smoking is permitted; and; (e) be located in an area of the facility which is not a thoroughfare. 16. Repeal 16. The Tobacco Regulations, 2009 are repealed. Page 12 Revised as at 1st day of May, 2017 c Tobacco Regulations SCHEDULE SCHEDULE FORMS FORM 1 Regulation 3(1) Serial No……….. THE TOBACCO LAW, 2008 APPLICATION FOR REGISTRATION AS A DEALER IN TOBACCO PRODUCTS In accordance with the Tobacco Law, 2008 the following information has to be provided by the applicant to the Chief Officer of the Ministry of Health. 1. Name of the Business Enterprise (same as in Trade and Business Licence) ________________________________________________________________ 2. Physical Address ________________________________________________________________ 3. Mailing Address ________________________________________________________________ □ □ □ □ 4. Nature of the Business: Wholesale Distributor Retailer Importer Internet □ □ □ Mail Cigar Bar Retailer(Cigar Store) 5. Principal Owner’s Contact details: (same as in Trade and Business Licence) (a) Mr/Mrs/Miss __________________________________________ (b) Date of Birth __________________________________________ (c) Nationality ____________________________________________ (d) Telephone number(s): _______________________________________ (e) Fax: _________________________________________________ (f) Email: (business) __________________________________________ (g) Email (personal) __________________________________________ c Revised as at 1st day of May, 2017 Page 13 SCHEDULE Tobacco Regulations 6. If the business enterprise engages in Internet and mail sales, state the products and countries of destination of customers. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 7. Name and types of tobacco products to be traded ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 8. Sources of tobacco products Name and address of source ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Overseas (countries of origin) 9. Trade and Business Licence No. (if applicable) ________________________________________________________________ Period of validity From__________________ to ______________________ 10. I understand the requirements of being a Tobacco Dealer as per the Tobacco Law, 2008 and its regulations and I shall abide by them. _____________________________ Applicant’s signature: ______________ Date: --------------------------------------- OFFICIAL USE ONLY ----------------------------------- a. Date application _______________received: by ___________________________ b. Fee $ _____________received by ___________________________________ Page 14 Revised as at 1st day of May, 2017 c Tobacco Regulations SCHEDULE Receipt #___________________________ c. Date fees paid into Treasury _____________by _____________________ □ □ d. Disposition of application: Approved Not approved Reasons if not approved ________________________________________________________________ ____________ Date: _____________________________ Signature of Chief Officer e. Registration Number ____________________________________________ f. Date of registration certificate _____________________________________ c Revised as at 1st day of May, 2017 Page 15 SCHEDULE Tobacco Regulations FORM 2 regulation 3(2) THE TOBACCO LAW, 2008 TOBACCO DEALERS REGISTRATION CERTIFICATE In accordance with the powers vested in the Chief Officer of the Ministry of Health, under the Tobacco Law, 2008, _____________________________________ of _______________________________________________________________ _______________________________________________________________ with TBL #_____________________ is hereby registered as a Tobacco Dealer (Specify the Nature of Business) With effect from this _____day of ________________,20 Until the day of ,20____ Registration Number:___________________ ____________________________________ Chief Officer, Ministry of Health Dated this _____day of _________________, 20____ This certificate is the property of the Government of the Cayman Islands. By law it is required to be prominently displayed in the business place. Page 16 Revised as at 1st day of May, 2017 c Tobacco Regulations SCHEDULE FORM 3 regulation 4(3) THE TOBACCO LAW, 2008 TOBACCO DEALERS RENEWAL APPLICATION I, _______________________________________________am registered as a Tobacco Dealer as (Specify the Nature of Business) ______________________________________under the Tobacco Law, 2008. My registration as such expires on the ____day of _______________, 20_____ and I am hereby applying for renewal of my registration for a further period of one year. The renewal fee of $_________________ is enclosed herewith. □ □ Any changes in particulars of Registration Yes No If yes, Form 1 also needs to be completed. Registration number:______________________________ _____________________________ Applicant’s signature: ______________ Date: --------------------------------------- OFFICIAL USE ONLY ----------------------------------- a. Date application _______________received: by ___________________________ b. Fee $ _____________received by ___________________________________ Receipt #___________________________ c. Date fees paid into Treasury _____________by _____________________ d. Inspection Report: : Date: ________________________ □ □ Satisfactory Unsatisfactory Remarks: ________________________________________________________________ ________________________________________________________________ c Revised as at 1st day of May, 2017 Page 17 SCHEDULE Tobacco Regulations □ □ e. Disposition of application: Approved Not approved Reasons if not approved ________________________________________________________________ ____________ Date: _____________________________ Signature of Chief Officer f. Registration Number ____________________________________________ g. Date of registration certificate _____________________________________ Page 18 Revised as at 1st day of May, 2017 c Tobacco Regulations SCHEDULE 2 SCHEDULE 2 regulation 15(1) REQUIRED OUTDOOR VENTILATION AIR 1. Every controlled smoking area shall be equipped with a separate ventilation system that supplies a minimum ventilation rate per person and exhausts to the exterior of the building. (See the Table in this Schedule). 2. The ventilation rate shall be calculated for the maximum permitted occupancy of the controlled smoking area. 3. The ventilation systems shall be designed to have the capacity to supply the minimum outdoor airflow rate determined in accordance with the said Table based on the occupancy of the space and the occupant load. 4. The occupant load utilised for design of the ventilation system shall not be less than the number determined from the estimated maximum occupant load rate indicated in the Table. 5. Ventilation rates for occupancies not represented in the Table shall be determined by an approved engineering analysis. 6. The ventilation system shall be designed to supply the required rate of ventilation air continuously during the period of the occupancy of the building except as otherwise stated in these Regulations. 7. Mechanical exhaust is required and the recirculation of air from any space listed in the Table is prohibited. All air supplied to such spaces shall be exhausted, including any air in excess of that required. 8. The controlled smoking area shall be so configured that the migration of smoke into non-smoking sections of the facility will not occur. 9. The controlled smoking area shall comply with all applicable codes and standards and where these codes and standards conflict with the requirements of these Regulations, the more stringent shall prevail. The existing fire separations and other life safety systems shall be maintained or upgraded as required based on the new usage of the space. 10. All ceilings shall be sufficiently sealed to prevent egress of smoke into the ceiling plenum. 11. Outdoor air intake openings shall be so located as to prevent the ingress of any hazardous or noxious contaminant into the air stream. 12. The air removed by a mechanical system shall be discharged to a location from which it cannot again be readily drawn in by a ventilating system. 13. The air removed from a cigar bar shall not be exhausted into an attic or crawl space. c Revised as at 1st day of May, 2017 Page 19 SCHEDULE 2 Tobacco Regulations 14. Exhaust air shall not be directed into walkways and outdoor exhaust openings shall be so located as not to create a nuisance. 15. The inlet to an exhaust system shall be located in the area of heaviest concentration of contaminants. 16. The air required as specified in the Table shall not be recirculated. 17. Air transferred from occupied spaces is not prohibited from serving as makeup air for required exhaust systems in such spaces as elevators, cigar bars and smoking lounges. 18. The amount of transfer air and exhaust air shall be sufficient to provide the flow rates as specified in the Table. TABLE REQUIRED OUTDOOR VENTILATION AIR OCCUPANCY ESTIMATED OUTDOOR AIR CLASSIFICATION MAXIMUM [Cubic feet per OCCUPANT LOAD, minute (cfm) per PERSONS PER 1,000 person] SQUARE FEET CONTROLLED SMOKING AREAS Bars, cocktail lounges 100 30 Cigar bars 70 70 Hotel & motel bedrooms --- 30 cfm per room Dormitory sleeping areas 20 15 Page 20 Revised as at 1st day of May, 2017 c Tobacco Regulations SCHEDULE 2 Publication in consolidated and revised form authorised by the Cabinet this 22nd day of May, 2017. Clerk of Cabinet c Revised as at 1st day of May, 2017 Page 21