Ontario Ministry of Health Promotion Smoke-Free Ontario Act Tobacco Display Ban: May 31, 2008

1. Ontario Ministry of Health PromotionSmoke-Free Ontario ActTobacco Display Ban: May 31, 2008 February, 2008

2. Presentation Overview • Purpose of the Smoke-Free Ontario Act • Legal Responsibility of Tobacco Retailers • Restrictions on the Display of Cigarettes and Other Tobacco Products • Use of Humidors • Use of Snus Refrigerators • Examples of Recommended Tobacco Product Storage Devices • Examples of Not Recommended Tobacco Product Storage Devices • Tobacco Product Accessories • Enforcement/Fines • Tobacconists (if applicable)

3. A. Smoke-Free Ontario Act • Purpose of the Smoke-Free Ontario Act is to: • Protect workers and the public from second-hand smoke • Prevent young people from starting to use tobacco products by reducing youth access to tobacco products • Support tobacco users in their attempts to quit and prevent young people from starting to use tobacco products by implementing a display ban

4. B. Responsibility of Tobacco Retailers • Tobacco Retailers must ensure: • Premise is smoke-free at all times • No person sells or supplies tobacco to anyone who is less than 19 years old • I.D. is requested from anyone who appears to be less than 25 years old

5. B. Cont’d • Tobacco Retailers must ensure no promotional material of any kind that promotes the sale of tobacco products through product association, product enhancement or any type of promotional material, including, but not limited to: • decorative panels and backdrops associated with particular brands of tobacco products; • backlit or illuminated panels; • promotional lighting: • three dimensional exhibits; or • any other device, instrument or enhancement

6. B. Cont’d • Permitted signs may only let customers know that a retailer sells tobacco products and the product price. Further: • Size of the sign cannot be greater than 968 square centimetres; • Signs must be black text and white background; • The text of a sign must not be seen from outside the store; • A maximum of 3 signs referring to tobacco products and/or product accessories may be posted; • Signs must not identify a brand of tobacco or tobacco-related product

7. B. Cont’d • Tobacco Retailers must ensure: • No Smoking signs are posted at all entrances, exits, • washrooms and other appropriate locations • Government I.D. and Age Restriction and Health Warning signs are posted and can be seen by the consumer at point of sale

8. B. Use of Small Tags & Price Tags • Small tags are permitted on the outside of storage devices to allow vendors to locate tobacco products only if: • use black on white text; • use letters up to 14 point type size • no logo or colour is used; • not larger than 2 inches x 1 inch • NOTE: The rules about price tags will change as of May 31, 2008

9. C. Smoke-Free Ontario Act: Display Ban Effective May 31, 2008, Section 3.1(2) of the Smoke-Free Ontario Act will read as follows (current 3.1(2) permits packages to be displayed): No person shall display or permit the display of tobacco products in any place where tobacco products are sold or offered for sale in any manner that will permit a consumer to view any tobacco product before purchasing the tobacco. • Tobacco Products include:cigars,cigarellos, pipe tobacco and other specialty tobacco products such as chewing tobacco, snus, snuff, etc.

10. C. Why Do We Need A Display Ban? “Powerwalls” - are used by the tobacco industry to market its products Powerwalls: • Provide cues to stimulate tobacco product purchases • Tempt ex-smokers and make it difficult for smokers to quit • Permits placement of tobacco products among candy and newspapers sends children the wrong message

11. C. Display Ban • Proprietors have a responsibility to ensure tobacco products are not displayed or stored in a manner that will permit the consumer to view tobacco before purchase

12. C. Cont’d 2. Vendor must not permit display while restocking, conducting inventory checks, or any other activity that may require the tobacco product storage device to be open and allow tobacco products to be viewed.

13. C. Cont’d 3. Purchase transaction that allows a brief time between opening/closing a tobacco product storage device and transferring product to consumer does not constitute a display for purposes of the display ban

14. C. Cont’d 4. Any action whether intended or not that results in tobacco products being displayed for longer than a brief time during a transaction would be considered an offence, regardless of whether or not they are stored in a tobacco product storage device which may otherwise be acceptable

15. C. Cont’d 5. Proprietors continue to be responsible for ensuring they meet all other requirements of the Act, including ensuring no one in their establishment sells or supplies tobacco to young persons and ensuring no promotion or enhancement of tobacco products takes place. 6. Proprietors must be diligent in ensuring staff understand and follow all requirements under theSmoke-Free Ontario Act.

16. D. Use of Humidors • Tobacco is not to be visible outside the humidor • Frosted glass or other finishes that prevent viewing are acceptable • Only the clerk is permitted to enter a walk-in humidor to retrieve a product • Portable or smaller humidors must be in compliance with the display ban and must be positioned in a way that the consumer can’t view the contents inside

17. E. Use of Snus Refrigerators • No counter top displays • No device, including a refrigerator, canpromote the sale of tobacco products through use of a logo or any promotional enhancement • Snus cannot be displayed in a manner that permits the consumer to view the product before purchase

18. F. Purpose of Tobacco Product Storage and Dispensing System • Limit display of tobacco products to brief exposure in the course of a purchase transaction • The ideal system will significantly reduce opportunities for deliberate tampering or human error

19. F. Examples ofTobacco Product Storage & Dispensing Systems • Recommended • Overhead storage with tobacco products visible only to the clerk

20. F.Recommended • Below-counter drawers or cabinets (products only visible to clerk), and slim drawers

21. F.Recommended • Retrofit devices covering shelves with top-hinge “flip up/down” covers that close automatically or immediately by gravity. • The covers must be no larger than 30.5 cm (or one foot) in height by 61 cm (2 feet) in length, and must open one at a time.

22. F.Recommended • On-the-counter devices and rotating trays of tobacco products only visible to the clerk

23. F.Recommended Also Acceptable are: • Single package dispensing, gravity-fed devices • Slim drawers that open in sections and expose only the spine of cigarette packages • Note: Examples not complete

24. F. Cont’d A display is: An exhibition or show, a presentation (of merchandise, etc.), the act or an instance of displaying, attempt or intention to attract notice Whatever the storage system, the action of the clerk is critical: ensure product is never displayed

25. G.Not Recommended • Retrofit devices covering shelves with bottom hinge “flip up/down” covers that do not close automatically and would remain open unless lifted back into a closed position

26. G. Not Recommended • Curtains

27. G. Not Recommended • Blinds

28. G. Not Recommended • Garage door style covers which open to display the whole or large portion of the stock of tobacco products • Large cupboards which open to permit the consumer to view the display of larger quantities of tobacco products • Horizontal sliding doors (like closet doors) Note: Examples not complete

29. G. Not Acceptable • Rationale: • It is more difficult to comply with theSmoke-Free Ontario Actwhen using devices that do not self close • The probability for human error is high. Large quantities of tobacco may be made visible

30. H. How Can You Show Customers what Tobacco Products You Have For Sale? • Binder or list or inventory of tobacco products available for purchase is permitted. • Proper use of this binder or tool is for reference and not for distribution or display. • Vendors will not promote or enhance the sale of tobacco products through the use or display of this binder. • The binder should only be taken out during a sale and then returned immediately to its storage spot. It may not be left on the counter.

31. I. Sale of Tobacco Product Accessories • Tobacco product accessories include: • humidor, pipe, cigarette holder, cigar clip, and matches You are permitted to sell tobacco product accessories • Accessories without product association can be put out for sale on the shelves; if there is association to tobacco products and/or brands of tobacco then the product must be stored out of view

32. J. Role of a Tobacco Enforcement Officer • Tobacco Enforcement Officers are Provincial Offences Officers responsible for enforcing the Smoke-Free Ontario Act • Responsible for: • a) education • b) inspections • c) responding to complaints • d) enforcement

33. K. Fines • A maximum fine of $4,000 for an individual, and $10,000 for a corporation with no prior convictions • Fines may increase to $100,000 for an individual and $150,000 for a corporation with repeated convictions • A retailer convicted two or more occasions within a five-year period under specific sections of the Smoke-Free Ontario Act may receive an Automatic Prohibition – not for display though!!

34. K. Automatic Prohibitions • If you: • Sell or supply tobacco to a person who is less than 19 years old • Sell or supply tobacco to a person who appears to be less than 25 years old • Sell or distribute improperly packaged tobacco • Fail to post Government I.D. signs and Age Restriction and Health Warning signs • Use vending machines • Sell or supply tobacco while under an automatic prohibition • Contravene Section 8 or 29 of the Tobacco Tax Act

35. Wrap Up • Purpose of the Smoke-Free Ontario Act • Legal Responsibility of Tobacco Retailers • Restrictions on the Display of Cigarettes and Other Tobacco Products • Use of Humidors • Use of Snus Refrigerators • Examples of Recommended Tobacco Product Storage Devices • Examples of Not Recommended Tobacco Product Storage Devices • Tobacco Product Accessories • Enforcement/Fines • Tobacconists (if applicable) • Questions

36. J. The Display Ban and RegisteredTobacconists • Tobacconists • Must comply with all provisions of the Act • Only Registered Tobacconists are exempt from certain restrictions under the display ban • Public Health Units are given a list of Registered Tobacconists in their area

37. J. Use of Humidors by a Registered Tobacconist • Where a walk-in humidor is located in a premise operated by a Registered Tobacconist: • Consumer 19+ may view and select a specialty tobacco product • Cigarettes stored in the humidor may not be displayed to consumer prior to purchase

38. Health Unit Contact Information… • Include: • - Tobacco Enforcement Officer(s) • - Cessation Staff • - MHP website • - Not to Kids link • Thank you!