Control of Tobacco and Related Products Ordinance, 2020

ST HELENA REVISED EDITION OF THE LAWS, 2017 PUBLIC HEALTH & SAFETY CONTROL OF TOBACCO AND RELATED PRODUCTS ORDINANCE, 20201 THIS ORDINANCE IS NOT IN FORCE YET Ordinance 14 of 2020 In force (Not in force yet)2 Amended by Ordinance 7 of 2021 (not in force yet) No subsidiary legislation _____________________ CONTROL OF TOBACCO AND RELATED PRODUCTS ORDINANCE, 2020 ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Short title and commencement 2. Interpretation PART II SMOKE-FREE PREMISES AND VEHICLES 3. Premises open to public 4. Places of work 5. Meaning of enclosed and substantially enclosed premises 6. Vehicles 7. Additional smoke-free places 8. No-smoking signs in premises and vehicles PART III IMPORTATION AND SUPPLY OF TOBACCO OR RELATED PRODUCTS 9. Importation of tobacco and related products 10. Supply of tobacco or related products 11. Specific provisions relating to electronic cigarettes 12. Supply of tobacco or related products to children 13. Prohibition on self service 14. Prohibition on public displays 1 Under section 10 of the Revised Edition of the Laws Ordinance, 1999 this text is authoritative and is the sole authentic edition in respect of the law contained in it as at 24 June 2021. 2 When this Ordinance comes into force, it will repeal and replace the Tobacco Control Ordinance,2011. 15. Prohibition on supply of tobacco or related products in certain places 16. Prohibition on toy or candy cigarettes PART IV ADVERTISING, SPONSORSHIP AND PROMOTION 17. Prohibition against advertising, promotion and sponsorship PART V PACKAGING, LABELLING AND PRODUCT REQUIREMENTS 18. Conformity with packaging, labelling and product requirements 19. Requirements for tamper-proof packaging and labelling PART VI OFFENCES 20. Offences relating to smoking in smoke-free place 21. Offences relating to no-smoking signs 22. Offence of failing to prevent smoking in smoke-free place 23. Offences relating to children 24. Offences relating to importation, supply or display 25. Offences relating to advertising, promotion or sponsorship 26. Offences relating to packaging, labelling or product requirements 27. Obstruction 28. General provisions regarding offences PART VII MISCELLANEOUS 29. Regulations 30. Repeal AN ORDINANCE to make provision for the control of tobacco, tobacco products, nicotine, nicotine products and herbal products for smoking; to make provision for the registration of dealers in tobacco and related products and regulate the supply of tobacco and related products; to prohibit smoking in certain premises and vehicles; to regulate the display, packaging and supply of tobacco and related products; to control the advertising and promotion of tobacco and related products; and for connected and incidental purposes. PART I PRELIMINARY Short title and commencement 1. (1) This Ordinance may be cited as the Control of Tobacco and Related Products Ordinance, 2020, and comes into force on a date the Governor in Council appoints by notice in the Gazette. (2) A notice under subsection (1) may appoint different dates for different provisions or for different purposes of the same provision, and may contain incidental or transitional provisions that appear to the Governor in Council necessary or expedient. Interpretation 2. (1) In this Ordinance— “advertisement” in relation to tobacco or a related product, means a commercial communication through any media or means that is intended to have, or is likely to have, the direct, indirect or incidental effect of— (a) creating an awareness of tobacco or a related product, brand, manufacturer or supplier; or (b) promoting the purchase or use of tobacco or related product or brand, and “advertise” and other related expressions must be construed accordingly; “application” 3 means an application for registration as a registered dealer in tobacco or a related product; “characterising flavour” 4 means a smell or taste other than one of tobacco which— (a) is clearly noticeable before or during consumption of a tobacco or related product; and (b) results from an additive or a combination of additives such as but not limited to fruit, spices, herbs, alcohol, candy, menthol or vanilla to a tobacco or related product; “child” means a person who is under the age of 18 years; “Director of Police” 5 includes any member of the Police Service to whom the Director of Police may delegate duties pursuant to the Police Service Ordinance, 1975; “electronic cigarette” means a product that can be used for the consumption of nicotine- containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank (regardless of whether the product is disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges); “herbal product for smoking” means a product based on plants, herbs or fruits which contains no tobacco and that can be consumed via a combustion or other heating process; “heated tobacco product” means a tobacco product that produces aerosols inhaled by the user, upon heating of the tobacco or activation of a device containing the tobacco, and includes any such device and parts and accessories intended to be used with such device; “importer” means a person who receives or arranges for the receipt of tobacco or related products from another country for supply in St Helena; “Legislative Council” 6 refers to the Legislative Council established by the St Helena, Ascension and Tristan da Cunha Constitution Order 2009; “manufacturer” means a person who manufactures, fabricates, produces, processes, packages or labels tobacco or related products; “package” means a covering, wrapper, container, carton or other enclosure that contains tobacco or a related product including labels and other written or graphic information on or in it; “promotion” in relation to tobacco or a related product, includes advertisement and a commercial act or practice that is intended to or is likely to encourage or recommend, 3 Definition of “application” inserted by Ord. 7 of 2021 4 Definition of “characteristic flavour” inserted by Ord. 7 of 2021 5 Definition of “Director of Police” inserted by Ord. 7 of 2021 6 Definition of “Legislative Council” inserted by Ord. 7 of 2021 either directly or indirectly — (a) tobacco or related product; or (b) the use of tobacco or a related product; “public officer” 7 has the same meaning as that construed in the definition of the words “public office” in the Interpretation Ordinance, 1968; “register” 8 means the register maintained by the Licensing Officer pursuant to section 8A containing the names of persons registered as dealers in tobacco or related products; “registered dealer” means a person registered as a dealer in accordance with regulations made under section 29(c); “related product” in relation to tobacco means any— (a) nicotine and nicotine products (other than nicotine replacement therapy supplied by a medical practitioner or authorised seller under the Pharmacy and Poisons Ordinance); (b) herbal products for smoking; and (c) electronic cigarettes; “smoke-free” in relation to any premises or vehicle, means that no person is allowed to smoke while at such premises or in such vehicle; “smoke-free place” means any premises, place or vehicle which is smoke-free by virtue of any provision of this Ordinance; “smoking” refers to smoking tobacco or related product or anything which contains a related product, or smoking any other substance, and includes being in possession of lit tobacco or, or being in possession of any other lit or heated substance in a form in which it could be smoked, and “smoke” and other related expressions must be construed accordingly; “supply” means to sell, give, exchange, convey, consign, deliver, furnish, or transfer possession of tobacco or a related product, or arrange or offer to do so, whether for a fee or other consideration or without charge; and “tobacco” means a product entirely or partly made from the leaf of the tobacco plant as raw material. PART II SMOKE-FREE PREMISES AND VEHICLES Premises open to public 3. (1) If premises are open to the public, the premises must be smoke-free. (2) Subject to subsection (3), the smoke-free requirement under subsection (1) applies only in those areas which are enclosed or substantially enclosed as defined in section 5. (3) In the case of government buildings, the smoke-free requirement applies to any areas that adjoin the building and are used or occupied by the building, even if such areas are not enclosed or substantially enclosed. (4) For purposes of this section, premises are “open to the public” if the public, or a section of the public, has access to these premises, whether by invitation or not, and whether on payment or not. 7 Definition of “public officer” inserted by Ord. 7 of 2021 8 Definition of “register” inserted by Ord. 7 of 2021 (5) If only part of the premises is open to the public, the smoke-free requirement applies only to that extent and the limits of these areas must be clearly marked as required by section 8. Places of work 4. (1) Subject to subsection (4) all premises which are used as a place of work must at all times be smoke-free if— (a) the premises are used by more than one person (even if the persons who work there do so at different times, or only intermittently); or (b) members of the public might attend for the purpose of seeking or receiving goods or services from any person working there. (2) If only part of the premises is used as a place of work, the smoke-free requirement applies only to that extent. (3) The smoke-free requirement applies only in those areas which are enclosed or substantially enclosed as defined in section 5. (4) Subject to subsection (5) a private dwelling which is also used as a place of work is exempt from the smoke-free requirement if the work done there is limited to work in one or more of the following forms— (a) providing personal care for a person living in the dwelling; (b) assisting with the domestic work of the household in the dwelling; (c) maintaining the structure or fabric of the dwelling; or (d) installing, maintaining or removing any service provided to the dwelling for the benefit of persons living in it. (5) A private dwelling is exempt from the smoke-free requirement only with the consent of the owner of the private dwelling. (6) For purposes of this section— (a) “place of work” means a place used by persons during their employment or work, and includes common areas, and any other area which is generally used during the course of employment or work; (b) “private dwelling” includes any self-contained residential accommodation for permanent, temporary or holiday use and any garage, outhouse or other structure for the exclusive use of persons living in the dwelling; (c) “work” includes work done for compensation and voluntary work. Meaning of enclosed and substantially enclosed premises 5. (1) For the purpose of section 3, 4 and 7, premises are— (a) enclosed if they have a ceiling or roof and, except for doors, windows and passageways, are wholly enclosed either permanently or temporarily; (b) substantially enclosed if they have a ceiling or roof, but the opening (or an aggregate area of openings) in the walls is less than half of the area of walls. (2) In determining the area of opening (or aggregate area of openings) under subsection (1)(b), no account is to be taken of openings in which there are doors, windows or other fittings that can be opened or shut. (3) In this section— (a) “roof” includes any fixed or moveable structure or device which is capable of covering all or part of the premises as a roof, including a canvas awning, whether or not the roof is connected to the walls; and (b) “walls” include other structures that serve the purpose of walls and constitute the perimeter of the premises. Vehicles 6. (1) A person must not smoke in any vehicle which is occupied by a passenger under the age of 18 years. (2) A vehicle must be smoke-free if it is used— (a) by members of the public or a section of the public (whether or not for reward or hire); or (b) in the course of paid or voluntary work by more than one person (even if those persons use the vehicle at different times or only intermittently). (3) A vehicle is not used in the course of paid or voluntary work for purposes of subsection (2)(b) if it is used primarily for the private purposes of a person who owns the vehicle, or has a right to use it, and such use is not restricted to a particular journey. Additional smoke-free places 7. (1) The Governor in Council may by Order designate as smoke-free any place or description of place or vehicle, which is not otherwise smoke-free under this Ordinance if, in the opinion of the Governor in Council, there is a significant risk that, without that designation, persons present there would be exposed to significant quantities of smoke. (2) A place or vehicle designated as smoke-free under subsection (1) need not be enclosed or substantially enclosed. (3) An order under this section may provide that the smoke-free requirement applies to such place or a description of place or vehicle only— (a) in specified circumstances; (b) at specified times; (c) if specified conditions are satisfied; (d) in specified areas. No-smoking signs in premises and vehicles 8. A person who occupies or is concerned with the management of smoke-free premises or any person with the management responsibilities for a smoke-free vehicle must ensure that no-smoking signs complying with prescribed requirements are displayed in those premises or in that vehicle, as the case may be. PART IIA9 REGISTRATION AND INSPECTION Application and inspection 8A. (1) There is established a register in which the name of a person registered as a dealer in tobacco or a related product is to be entered and which is to be maintained by the Director of Police who is the Licencing Officer for the purpose of the registration of a person pursuant to this section. (2) An application for registration as a registered dealer in tobacco or a related product must be— (a) made to the Licensing Officer by a person in the form and manner designated by the department of government charged with responsibility for health promotion in St Helena; (b) accompanied by any supporting information requested by the Licensing Officer which is pertinent to registration; and (c) accompanied by the relevant application fee prescribed in regulations. (3) Premises to which an application for registration relate must be inspected as prescribed before an application for registration is approved. (4) The Licensing Officer, after consultation with the Committee charged with responsibility for public health, must publish, by Notice in the Gazette— (a) the requirements to be satisfied for registration as a dealer in tobacco or a related product; and (b) any conditions to which registration under paragraph (a) may be subject. (5) Upon receipt of an application for registration the Licensing Officer must cause an inspection of the premises to which an application relates to be made in accordance with the requirements specified in subsection (4). (6) Subject to subsection (7) a public officer from the department of government charged with responsibility for environmental health accompanied by the Director of Police may, inspect any premises to which an application relates for the purpose on ensuring that the premises satisfy the requirements or conditions specified in subsection (4). (7) The owner or person in possession of premises to which an application relates, must in writing, at least 48 hours before an inspection is scheduled, be served with notice of the inspection by the Licensing Officer. (8) Subject to subsection (1) an application for registration may be made during the period from September 1st to December 31st preceding the year for which a certificate of registration as a registered dealer in tobacco or a related product pursuant to section 8B is required to be issued. (9) The Licensing Officer must by Notice in the Gazette publish every application for registration received by the Licensing Officer. 9 Part IIA inserted by Ord. 7 of 2021 (10) A person who has not previously been registered under this Ordinance may, if the person is unable to apply to apply during the period prescribed under subsection (8), apply for registration outside of the period prescribed under subsection (8). (11) A person who knowingly or wilfully impedes the inspection of premises pursuant to this section commits an offence. Penalty: A fine of £500. Certificate 8B. (1) A person who satisfies the requirements for registration pursuant to section 8A and is approved for registration by the Licensing Officer is entitled, upon payment of the fee prescribed in regulations, to be issued with a certificate of registration as a registered dealer in tobacco or a related product by the Licensing Officer. (2) Unless revoked, a certificate of registration as a registered dealer in tobacco or a related product is valid until the last day of the year, that is December 31st, in which the certificate was issued. (3) Upon the expiration of a certificate, an application may be filed in accordance with section 8A. (4) The fee for a certificate of registration as a registered dealer in tobacco or a related product issued or renewed after January 1st is not eligible to be pro-rated and is, at the time of issue of such certificate, due to be paid in full. (5) Subsection (4) applies in respect of any certificate issued under this Ordinance, including a certificate issued pursuant to an application made pursuant to section 8A(10). Objection 8C. A person specified as follows, may in writing to the Licensing Officer and within 14 days of the date of the publication of a Notice published pursuant to section 8A(9) make known to the Licensing Officer an objection to an application for registration— (a) any person in the person’s private capacity; or (b) a public officer. Refusal, revocation and effect on registration 8D. (1) The Licensing Officer may refuse to register a person as a dealer in tobacco or a related product if the Licensing Officer is satisfied, in the discretion of the Licensing Officer, that the person is unfit for registration. (2) A certificate of registration as a registered dealer in tobacco or a related product may be revoked if a person registered pursuant to section 8A to whom such certificate is issued is found by the Licensing Officer to be in breach of section 14 of the Ordinance. (3) If a certificate of registration as a registered dealer in tobacco or a related product is revoked, the registration of the person to whom such certificate is issued is cancelled and the Licensing Officer may remove the name of the person from the register. (4) If a person is refused registration pursuant to section 8A, or a certificate of registration as a registered dealer in tobacco or a related product issued to the person is revoked, the Licensing Officer must, in writing, notify the person of such refusal of registration or revocation and must include in the notification, the reasons for such refusal of registration or revocation. (5) Where a certificate of registration as a registered dealer in tobacco or a related product is revoked, neither the application fee, nor any part of the application fee is refundable. (6) For the avoidance of doubt, if a person whose registration is cancelled pursuant to subsection (3) becomes eligible for re-registration subsequent to such revocation, the person must, if the person satisfies the requirements for registration, apply for registration in accordance with section 8A and thereafter be issued with a certificate of registration as a registered dealer in tobacco or a related product. Reasons and appeal 8E. (1) A person who is refused registration pursuant to section 8A or whose certificate of registration as a registered dealer in tobacco or a related product is revoked is entitled to and must be provided with the reasons for the refusal or revocation in writing by the Licensing Officer in accordance with section 8D(4). (2) A person to whom subsection (1) applies may, within 14 days subsequent to the date upon which the person is notified of the refusal or revocation, in writing, appeal against the decision made in respect of the refusal or revocation to the Licensing Officer. (3) Where an appeal is made pursuant to subsection (2) the Licensing Officer, must in writing and within 28 days of receipt of the appeal provide a decision in respect of the appeal to the person in respect of whom the appeal is made. (4) A person who is dissatisfied with a decision of the Licensing Officer provided pursuant to subsection (3) may, in writing and within 14 days of the date of receipt of the decision, appeal, in writing to the Magistrate’s Court. (5) An appeal pursuant to subsection (4) must be made in accordance with the Magistrate’s Court Ordinance, 2011 and follow the procedure specified in the Courts (Appeals and Rules) Ordinance, 2017 in respect of appeals. PART III IMPORTATION AND SUPPLY OF TOBACCO AND RELATED PRODUCTS Importation of tobacco and related products 9. (1) No person other than a registered dealer may import any tobacco or any related product into St Helena, whether by mail or otherwise. (2) No person may import any tobacco for sucking, chewing or snuffing or any heated tobacco product into St Helena. (3) Subsections (1) and (2) do not apply to a person importing tobacco, electronic cigarette, a heated tobacco product or a related product as part of the person’s duty-free allowance under the Customs and Excise Ordinance, 1999, provided such tobacco, electronic cigarette, heated tobacco product or related product are for personal use only. Restrictions on importation and sale 9A.10 (1) The following subsections do not apply to the sale, importation, acquisition, or supply of a tobacco or related product which is in the form of a cigar. (2) A person who is a wholesaler must not sell tobacco or a related product at a wholesale price to a person who is not registered as prescribed. (3) A person must not import, acquire, offer for sale, or supply tobacco or a related product— (a) in individual cigarettes; (b) in packets containing less than 20 cigarettes; or (c) as a unit of tobacco to be used for hand-rolling containing less than 30 grams of tobacco. (4) A person who does not comply with subsection (2) or (3) commits an offence. Penalty: A fine of £800. Supply of tobacco or related products 10.11 (1) A person must not supply any tobacco or related products unless that person is registered as a dealer in tobacco or related products under this Ordinance. (2) An applicant for a certificate of registration as a dealer in tobacco and related products must apply for registration in the prescribed form and pay the prescribed fee. (3) A person must not — (a) supply or offer for supply any tobacco for sucking, chewing or snuffing or heated tobacco product; or (b) produce or supply a tobacco or related product which has— (i) a characterising flavour; (ii) a filter, paper, capsule or other component containing a characterising flavour; or (iii) a technical feature which allows a person to modify the smell, taste, or smoke intensity of a tobacco or related product. Specific provisions relating to electronic cigarettes 11. (1) Subject to any other requirements applicable to tobacco and related products under this Ordinance, no person may import, manufacture, acquire, offer for supply, or supply— 10 Section 9A inserted by Ord. 7 of 2021 11 Section 10 amended by Ord. 7 of 2021 (a) electronic cigarettes unless they are sealed in a child-proof and tamper-proof container which contains a label warning that the product contains nicotine and should not be used by non-smokers; (b) electronic cigarettes which contain any label suggesting or implying that it may reduce smoking or assist a person to quit smoking; (c) products for use with electronic cigarettes which contain more than 19mg/ml of nicotine; (d) products for use with electronic cigarettes which contain any flavour other than tobacco flavour. (2) Subsection (1) does not apply to a person importing electronic cigarettes for personal use only. (3) A person importing electronic cigarettes in accordance with subsection (2) must not supply or otherwise distribute for personal gain or profit the electronic cigarettes imported by the person. Supply of tobacco or related products to children 12. (1) A person must not— (a) supply a tobacco or related product to a child, whether or not for the child’s own use; (b) supply a tobacco or related product to a child; or (c) hire or use a child to supply any tobacco or related product. (2) A person registered to deal in a tobacco or related product must, in an attempt to verify that the prospective purchaser of a tobacco or related product is over the age of 18 years, require that prospective purchaser to produce documentary identification that contains proof of the prospective purchaser’s identity and age. Prohibition on self service 13. A person must not supply or offer for supply tobacco or a related product— (a) in such a way that a consumer may handle the product without the assistance of a sales clerk or other employee or agent of the supplier prior to purchase; (b) through any self-service means, including automatic vending machines, mail or internet; or (c) any other means of supply where the age of the consumer of the tobacco or a related product cannot be verified at the point of sale. Prohibition on public displays 14.12 (1) A person must not display tobacco or a related product or its packaging in such a way that the tobacco or related product is visible to the public. (2) The prohibition under subsection (1) does not apply to individuals incidentally or accidentally displaying tobacco or a related product during carrying or use. 12 Section 14 amended by Ord. 7 of 2021 (3) This section also applies to cigarette dispensers provided by a manufacturer, and these devices must not be used for the purposes of advertisement or the promotion of a tobacco or related product and must meet the prescribed requirements. (4) Subsect to subsection (5) a person must not display any material related to the pricing of tobacco or a related product. (5) A price list for a tobacco or a related product may be made available to a customer on request only and must be printed— (a) in standard font on plain white A4 sized paper; and (b) in a font that is readable to a person who is sight impaired. Prohibition on supply of tobacco or related products in certain places 15. A person must not supply or offer for supply tobacco or a related product in— (a) facilities where health care services are provided; (b) government buildings; (c) educational facilities; or (d) any other place as may be prescribed. Prohibition on toy or candy cigarettes 16. A person must not— (a) import or manufacture; or (b) supply, display for supply or distribute, sweets, snacks, toys or other non-tobacco items or objects in the form of tobacco or related products, or which imitate tobacco or related products. PART IV ADVERTISING, SPONSORSHIP AND PROMOTION Prohibition against advertising, promotion and sponsorship 17. (1) A person must not initiate, produce, publish, engage or participate in advertising, promotion or sponsorship of tobacco or related products or of tobacco or related product company brands. (2) A person must not offer a free tobacco or related product and must not offer or provide a direct or indirect consideration for the purchase or use of tobacco or a related product, including a bonus, premium, cash rebate or right to participate in a game, lottery or contest. (3) Any form of tobacco or related product sponsorship, advertising and promotion, is prohibited. (4) A person must not supply, display for supply or advertise any product or service that contains either on the product, or in an advertisement of the product or service, a depiction of tobacco or a related product or tobacco company brand or related product company brand. (5) For the purposes of subsection (4), a “product” includes a building, facility, premises, or business. PART V PACKAGING, LABELLING AND PRODUCT REQUIREMENTS Conformity with packaging, labelling and product requirements 18. (1) A person must not import, manufacture, acquire, offer for supply or supply tobacco or a related product that is not packaged and labelled in the prescribed manner. (2) A person must not supply tobacco or any related product other than as part of a complete and intact package that meets the packaging and labelling as well as minimum unit or weight requirements. Requirements for tamper-proof packaging and labelling 19.13 Every importer, distributor and retailer of tobacco and related products must exercise all reasonable and necessary precautions to prevent tampering with the packaging and labelling information of tobacco and related products while the tobacco and related products are under the importer’s, distributor’s and retailer’s control or supervision. PART VI OFFENCES Offences relating to smoking in smoke-free place 20. (1) A person who smokes in a smoke-free place or vehicle commits an offence. Maximum penalty: A fine of £200. (2) It is a defence for a person charged with an offence under subsection (1) to show that the person did not know, and could not reasonably have been expected to know, that it was a smoke-free place. (3) A person who smokes in a vehicle in contravention of section 6(1) commits an offence. Maximum penalty: A fine of £200. Offences relating to no-smoking signs 21. (1) A person who fails to comply with the duty in section 8 to display no- smoking signs commits an offence. Maximum penalty: A fine of £800 (2) It is a defence for a person charged with an offence under subsection (1) to show that— (a) the person did not know, and could not reasonably have been expected to know, that the premises were, or the place or vehicle was, smoke-free; (b) the person did not know, and could not reasonably have been expected to know, that no-smoking signs complying with the requirements of this Ordinance were not 13 Section 19 amended by Ord. 7 of 2021 being displayed in accordance with the requirements of this Ordinance; or (c) on any other grounds it was reasonable for the person not to comply with the duty. Offence of failing to prevent smoking in smoke-free place 22. (1) A person who controls or is concerned in the management of any smoke-free place (and, in the case of a smoke-free vehicle, also the driver) must take all reasonable steps to cause any person smoking in the place or vehicle to stop smoking. (2) A person who controls or is concerned in the management of any smoke-free place may pursuant to the obligation under subsection (1) request a person smoking in the place to exit the place and may, if the person smoking in the place refuses to comply with the request, if it is practicable, deliver that person to the nearest police station. (3) A person who fails to comply with the duty in subsection (1) commits an offence. Maximum penalty: A fine of £800. (4) It is a defence for a person (‘P’) charged with an offence under subsection (3) to show that— (a) P took reasonable steps to cause the person in question to stop smoking; (b) P did not know, and could not reasonably have been expected to know, that the person in question was smoking; or (c) on any other grounds it was reasonable for P not to comply with the duty. Offences relating to children 23. (1) A person who supplies tobacco or a related product to a child or who uses a child to supply tobacco or a related product in contravention of section 12, commits an offence. Maximum penalty: A fine of £800. (2) A person supervising a child or who has responsibility for the welfare of a child who causes or permits that child to smoke or have in the child’s possession tobacco or any related product, commits an offence. Maximum penalty: A fine of £800. (3) A court may, on conviction of a person for an offence under subsection (1) or (2), make an order that the relevant child attend and comply with a programme or treatment for the cessation of smoking as the court deems appropriate. (4) It is a defence for a person charged with an offence under subsection (1) or (2) to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. Offences relating to importation, supply or display 24. (1) A person who imports, supplies, offers for supply or displays tobacco or any related product in contravention of section 9, 10, 11, 13, 14 or 15 commits an offence. Maximum penalty: A fine of £800. (2) A person who contravenes the provisions of section 16 commits an offence. Maximum penalty: A fine of £200. Offences relating to advertising, promotion or sponsorship 25. A person who contravenes the provision of section 17 commits an offence. Maximum penalty: A fine of £800. Offences relating to packaging, labelling or product requirements 26. A person who fails to comply with the provision of sections 18 or 19 with respect to packaging, labelling or product requirements, commits an offence. Maximum penalty: A fine of £800. Obstruction 27. (1) A person who intentionally obstructs the enforcement of this Ordinance commits an offence. Maximum penalty: A fine of £500. (2) A person who without reasonable excuse or lawful authority fails to permit access to any facilities, or to provide assistance or information reasonably required for the enforcement of this Ordinance, commits an offence. Maximum penalty: A fine of £500. (3) A person who, in purported compliance with any requirement under this Ordinance makes a statement which is false or misleading in a material particular and either knows that it is false or misleading or is reckless as to whether it is false or misleading, commits an offence. Maximum penalty: A fine of £500. General provisions regarding offences 28. (1) If a person who is registered dealer is convicted of an offence under this Ordinance, the court may, in addition to any other penalty, order that the registration be cancelled and also any fees paid for such registration be forfeited and that the person be disqualified from the day of conviction from being so registered for a period not exceeding 3 years. (2) If a person who is registered dealer is convicted of an offence under this Ordinance on more than 3 occasions within a 24 month period, the registration of that person automatically lapses. PART VII MISCELLANEOUS Regulations 29. The Governor in Council may make regulations necessary or convenient for the purposes of this Ordinance, and without limiting that power, the regulations may specifically— (a) prescribe places that are exempt from the smoke-free requirement, specifying criteria for these smoke-free places, including a requirement for these places to be clearly marked and have arrangements in place to prevent smoke entering other areas, and may specify that these exemptions apply at specified times or in specified circumstances; (b) prescribe the requirements for no-smoking signs to be posted at smoke-free premises or in smoke-free vehicles; (c) prescribe the requirements and process for registration as a dealer in tobacco or a related product and procedures for appeal and offences relating to registration; (d) regulate or prohibit the importation or supply of specified tobacco or related products listed in the regulations; (e) prescribe graphical images that are required to be displayed in health warnings on packages; (f) prescribe the manner in which tobacco and related products are to be packaged and labelled; (g) prescribe the forms to be used and fees to be paid under the Ordinance; and (h) any other matter which must or may be prescribed under the Ordinance. Repeal of legislation 30. The Tobacco Control Ordinance, 2011, is repealed. _____________________ .