Smoke-Free Ontario Act, 2017:

Transcription

1 Smke-Free Ontari Act, 2017: Guide fr Retailers Last updated: Octber 2018 This guide is intended as a quick reference nly and shuld nt be cnsidered t be legal advice.

2 Table f Cntents Table f Cntents 2-3 Cntext 4 Definitins 5-6 Age 7 Identificatin 8 Three Easy Steps fr Checking I.D. 9 Signs 10 Required Signs Allwable Signs 15 Allwable Infrmatinal Dcument 16 Display 17 Prmtin 18 Examples f Prhibited Tbacc Displays and Prmtins 19 Acceptable/Unacceptable Strage Flavured Prducts 23 Tbacc Prduct Accessries 24 Packaging 25 Tbacc Prduct Packaging Smking Tbacc, Cannabis and Using Electrnic Cigarettes 28 Vending Machines 29 2

3 Table f Cntents (Cntinued) Penalties and Seizure 30 Fines 31 Autmatic Prhibitin 32 Autmatic Prhibitin Signs 33 Unregulated and Cunterfeit Tbacc 34 Tbaccnists and Specialty Vape Stres 35 Display and Prmtin Rules fr Tbaccnists 36 Display and Prmtin Rules fr Specialty Vape Stres 37 Prcess fr Registering as a Tbaccnist r Specialty Vape Stre 38 Sampling and Demnstratin Exemptins 39 Tbacc Display Exemptin fr Duty-Free Retailers 40 Appendix A Tips fr Stre Owners and Operatrs 41 Appendix B Additinal Resurces 42 Sign-ff Sheet 43 3

4 Cntext The Smke-Free Ontari Act, 2017 (SFOA, 2017) regulates the sale, supply, display and prmtin f tbacc prducts and vapur prducts, as well as the smking f tbacc, the use f electrnic cigarettes, and the smking f cannabis. Retailers that sell tbacc and vapur prducts have a legal respnsibility t ensure that they and their emplyees understand and cmply with the requirements under the SFOA, This guide is intended fr wners and emplyees f retail businesses that sell tbacc prducts, tbacc prduct accessries, and/r vapur prducts. It is intended t help yu understand the requirements f the SFOA, 2017 regarding the sale, supply, display and prmtin f tbacc prducts and vapur prducts, as well as smking and vaping restrictins fr enclsed wrkplaces and enclsed public places. Nthing in this guide shuld be interpreted as legal advice. In the event f a cnflict between any infrmatin in this guide and the prvisins in the SFOA, 2017 r its regulatin, the SFOA, 2017 and regulatin apply. 4

5 Definitins In this guide and under the SFOA, 2017: Enclsed wrkplace means the inside f any place, building r structure r vehicle r cnveyance, r a part f any f them, that is cvered by a rf, that emplyees wrk in r frequent during the curse f their emplyment whether r nt they are acting in the curse f their emplyment at the time, and that is nt primarily a private dwelling, r a place prescribed by the regulatins. Flavured tbacc prduct means a tbacc prduct that is represented as being flavured, that cntains a flavuring agent r that is presented by its packaging, by advertisement r therwise as being flavured. Flavuring agent means ne r mre artificial r natural ingredients cntained in any f the cmpnent parts f a tbacc prduct, as a cnstituent r an additive, that impart a distinguishing arma r flavr ther than tbacc, including that f a spice r herb, either befre r during the cnsumptin f the tbacc prduct. Prmte, with respect t a prduct r substance regulated under the SFOA, 2017, means t use any cmmercial act r practice r t use any cmmercial cmmunicatin, thrugh any media r ther means, that is intended t r is likely t, encurage its purchase r use r the purchase r use f a particular brand, r create an awareness f r an assciatin with it, r with a brand r a manufacturer r seller. 5

6 Definitins (Cntinued) In this guide and under the SFOA, 2017: Prprietr means the wner, peratr r persn in charge. Specialty tbacc prducts includes tbacc prducts and tbacc prduct accessries, but des nt include cigarettes within the meaning f the Tbacc Tax Act and the regulatins under that Act. Tbacc prduct means any prduct that cntains tbacc, and includes the package in which tbacc is sld. Tbacc prduct accessry means a prduct that may be used in the cnsumptin f a tbacc prduct, including a humidr, pipe, cigarette hlder, cigar clip, lighter and matches. Vapur prduct means an electrnic cigarette, an e-substance, r any cmpnent f an electrnic cigarette and includes the package in which the electrnic cigarette, e-substance r cmpnent is sld. 6

7 Age Custmers must be at least 19 years f age t be sld tbacc r vapur prducts. Befre selling tbacc r vapur prducts t any persn wh appears t be less than 25 years ld, yu must request identificatin (I.D.) and determine that the persn is at least 19 years ld. There is n age requirement t sell tbacc r vapur prducts. Hwever, the Ontari Ministry f Labur regulatins under the Occupatinal Health and Safety Act set the minimum age f 14 years ld t be eligible t wrk in Ontari wrkplaces. It is the respnsibility f all persns selling tbacc and/r vapur prducts, regardless f age, t be in cmpliance with the SFOA,

8 Identificatin Befre selling a tbacc r vapur prduct t smene wh appears t be less than 25 years ld, yu must: Ask fr I.D. t cnfirm that the custmer is at least 19 years ld. Familiarize yurself with the acceptable I.D. Recgnize fake I.D. Nt sell tbacc/vapur prducts if in dubt that the custmer is at least 19 years ld. If tbacc r vapur prducts are sld t anyne under age 19, the emplyee and/r the wner f the retail business can be charged. Acceptable I.D. includes a phtgraph f the persn, states the persn s date f birth and reasnably appears t have been issued by a gvernment r the Liqur Cntrl Bard f Ontari (LCBO) (e.g., Driver s licence issued by the Prvince f Ontari; Ontari Pht Card issued by the Prvince f Ontari; Canadian passprt; Canadian Citizenship card; Canadian armed frces card; Pht card issued by the LCBO). Refuse t sell tbacc and vapur prducts: If yu suspect the custmer is under the age f 19. If custmer refuses t prvide acceptable identificatin when they appear t be under 25 years f age. If the identificatin prvided is nt acceptable. 8

9 Three Easy Steps fr Checking I.D. 1. Check the I.D. card. D nt sell tbacc and vapur prducts if it is nt ne f the acceptable frms f I.D. 2. Check the year, mnth and day f birth. D nt sell tbacc r vapur prducts if the persn is under 19 years ld. 3. Check the pht. D nt sell tbacc r vapur prducts if the persn and pht d nt match. Yu may accept, but nt ask fr an Ontari Health card with a pht as I.D. 9

10 Signs If yu are selling tbacc r vapur prducts at retail, yu must pst certain signs required by the SFOA, These signs are accessible thrugh the Ontari gvernment website. All signs required t be psted under the SFOA, 2017 must be psted in a cnspicuus manner and must nt be bstructed frm view. Fr infrmatin n acquiring signs, please cntact yur lcal public health unit. 10

11 Required Signs A tbacc retailer must pst the fllwing signs. The signs are accessible thrugh a website f the Gvernment f Ontari r the lcal public health unit: Tbacc Age-Restrictin Sign Tbacc Identificatin Sign The sign must be: 18 cm in height and 35 cm in width. A cpy f the sign entitled Tbacc Prduct Age Restrictin, dated January 1, 2018, and available n the Ontari gvernment website. The sign must be: 9 cm in height and 18 cm in width. A cpy f the sign entitled Tbacc Prduct Identificatin, dated January 1, 2018, and available n the Ontari gvernment website. 11

12 Required Signs (Cntinued) A vapur prduct retailer must pst the fllwing signs. The signs are accessible thrugh a website f the Gvernment f Ontari r the lcal public health unit: Vapur Prduct Age Restrictin sign Vapur Prduct Identificatin Sign The sign must be: 18 cm in height and 35 cm in width. A cpy f the sign entitled Vapur Prduct Age Restrictin, dated January 1, 2018, and available n the Ontari gvernment website. The sign must be: 9 cm in height and 18 cm in width. A cpy f the sign entitled Vapur Prduct Identificatin, dated January 1, 2018, and available n the Ontari gvernment website. 12

13 Required Signs (Cntinued) The wner r emplyer f a retail business must pst bth the Tbacc Sign and Electrnic Cigarette Sign described n this page, r the cmbined Tbacc and Electrnic Cigarette Sign described n the fllwing page, at each entrance, exit and washrm f the retail stre, in apprpriate lcatins and in sufficient numbers, t ensure that emplyees and the public are aware that smking and the use f electrnic cigarettes is prhibited in the enclsed area. The fllwing signs are accessible thrugh a website f the Gvernment f Ontari r the lcal public health unit: The sign must be at least 10 centimetres in height and at least 10 centimetres in width, and a cpy f the sign entitled Tbacc Sign fr Emplyers r Tbacc Sign fr Prprietrs, dated January 1, 2018, and available n the Ontari gvernment website. The sign must be at least 10 centimetres in height and at least 10 centimetres in width, and a cpy f the sign entitled Electrnic Cigarette Sign fr Emplyers r Electrnic Cigarette Sign fr Prprietrs, dated January 1, 2018, and available n the Ontari gvernment website. 13

14 Required Signs (Cntinued) Cmbined Tbacc and Electrnic Cigarette Sign The sign must be: At least 15 centimetres in height and at least 20 centimetres in width, and A cpy f the sign entitled Tbacc and Electrnic Cigarette Sign fr Emplyers r Tbacc and Electrnic Cigarette Sign fr Prprietrs, dated January 1, 2018, and available n the Ontari gvernment website. 14

15 Allwable Signs The SFOA, 2017 permits a vendr/retailer t pst up t three signs t infrm custmers f tbacc prducts and tbacc prduct accessries and their price, but nly if the fllwing cnditins are met: Nne f the signs are mre than 968 square centimetres in area. Each sign has a white backgrund and nly black text and graphics. Nne f the signs includes a text r graphic that identifies r reflects a brand f a tbacc r vapur prduct. Signs that prmte tbacc prducts either directly r indirectly utside the stre are prhibited. Beynd the allwable signs, a sign in any place where tbacc prducts r tbacc prduct accessries are either sld r ffered fr sale that refers t tbacc prducts r tbacc prduct accessries, is cnsidered prmtin if the sign is nt required t be psted under the SFOA, 2017, and may result in a penalty. 15

16 Infrmatinal Dcument Under the SFOA, 2017 tbacc vendrs may make available an infrmatinal dcument t infrm custmers f tbacc prducts, tbacc prduct accessries and their price, but nly if the fllwing cnditins are met: The dcument can nly be viewed inside the retail premises. The dcument cannt be remved frm the retail premises. The dcument cannt be viewed by a persn wh is less than 19 years ld, ther than the wner/prprietr/emplyer r ccupier f the place r ne f their emplyees. The dcument cannt be viewed by smene wh appears t be less than 25 years ld unless the vendr/retailer receives acceptable I.D. and is satisfied that the persn is at least 19 years ld. 16

17 Display The SFOA, 2017 restricts hw tbacc prducts, tbacc prduct accessries that are assciated with a brand f tbacc prduct ( branded tbacc accessry ), and vapur prducts are displayed at the pint-f-sale. It is the respnsibility f anyne selling tbacc, branded tbacc accessries r vapur prducts t ensure that: Custmers d nt see r handle the prduct befre they are purchased. T ensure custmers d nt see tbacc prducts r branded tbacc accessries: Avid re-stcking and cnducting inventry checks when custmers are present. Fix missing flaps n strage unit(s). Briefly pen and clse the strage unit t transfer the prduct t a custmer. 17

18 Prmtin The SFOA, 2017 restricts hw tbacc prducts, tbacc prduct accessries and vapur prducts are prmted at the pint-f-sale. With respect t tbacc and tbacc accessries, different rules apply depending n whether yu are a specialty tbacc retailer (tbaccnist) r anther type f retailer. If yu are a tbaccnist, please refer t slides 36 f this Guide. If yu are anther retailer, yu can nly prmte these prducts using the allwable signs and infrmatinal dcument described earlier in this dcument (see slides 15 and 16). With respect t vapur prducts, different rules apply depending n whether yu are a specialty vape stre r anther type f retailer. If yu are a specialty vape stre, please refer t slide 37 f this Guide. If yu are anther retailer, yu can prmte (but nt display) vapur prducts, as lng as the prmtin cmplies with the Tbacc and Vaping Prducts Act (Canada). 18

19 Examples f Prhibited Tbacc Displays and Prmtins 19

20 Acceptable Strage f Tbacc, Branded Tbacc Accessries, and Vapur Prducts The fllwing are examples f acceptable strage units, as lng as they are used in a way that des nt allw the display f tbacc, branded tbacc accessries r vapur prducts: Overhead cntainers. Belw-the-cunter drawers r cabinets. Single package dispensing, gravity-fed devices. Slim drawers that pen in sectins and expse nly the spine f cigarette packages. Retrfit devices that cver shelves with a tp-hinge flip up cver that clse autmatically. These flip up cvers must nt be larger than 30.5 cm (1 ft) in height by 61 cm (2 feet) in length. Must pen ne at a time. Small tags are permitted n the utside f the strage unit in rder t help the emplyee lcate tbacc prducts. Hwever, in the case f tbacc and branded tbacc accessries, the tags must: Use black type n a white backgrund. Use letters up t 14 pint fnt size. Nt use lgs r clur. Nt be larger than 2" x 1" (5 cm x 2.5 cm). Nt include price infrmatin. 20

21 Unacceptable Strage f Tbacc Prducts, Branded Tbacc Accessries, and Vapur Prducts It is unacceptable t stre tbacc prducts, branded tbacc accessries r vapur prducts, in a way that allws custmers t view and handle the prducts prir t purchase. It will be difficult t cmply with the display ban using a strage methd that is nt self-clsing and which may shw a large supply f tbacc, branded accessries, r vapur prducts t custmers. The fllwing strage examples wuld nt be acceptable: Garage dr style cvers which pen t display the whle r large prtin f the stck f prducts. Large cupbard drs which pen t display the whle r a large prtin f prduct stck. Hrizntal sliding drs such as clset drs. Curtains r blinds. 21

22 Unacceptable Strage f tbacc (Cntinued) Never leave a shipment f tbacc in view f custmers befre placing it in the strage unit. 22

23 Flavured Tbacc Prducts It is illegal t sell r ffer t sell prhibited flavured tbacc prducts at retail. Sme examples f flavured tbacc prducts prhibited fr sale include: Flavured tbacc shisha fr use in a waterpipe/hkah Flavured smkeless r chew tbacc Clve cigarettes Menthl cigarettes Exemptins The fllwing flavured tbacc prducts are permitted fr sale: Flavured tbacc prducts that can still be sld include: 1) A flavured cigar that i. Weighs mre than 1.4 grams but less than 6 grams, excluding the weight f any muthpiece r tip, ii. Has a wrapper fitted in spiral frm, iii. Has n tipping paper, and iv. Cntains nly a flavuring agent that imparts a flavr r arma f wine, prt, whiskey r rum. 2) A flavured cigar that i. Weighs 6 grams r mre, excluding the weight f any muthpiece r tip, ii. Has a wrapper fitted in spiral frm, and iii. Has n tipping paper. 3) Flavured pipe tbacc, which des nt include tbacc manufactured r sld fr use in a hkah r waterpipe. 23

24 Tbacc Prduct Accessries As nted earlier, vendrs cannt display r permit the display f tbacc prduct accessries assciated with a brand f tbacc ( branded tbacc accessries ). Vendrs als cannt prmte tbacc prduct accessries, except thrugh allwable signs and an infrmatinal dcument (see slides 15 t 16). Exemptins exist fr tbaccnists (see slide 35). Sme examples f tbacc prduct accessries include: Pipes Cigarette Tubes Cigar Cutters and Punchers Lighters Matches Prtable Humidificatin Devices and Humidrs Rlling papers Nte: fr the purpses f display and prmtin restrictins, heat-nt-burn vapur prducts manufactured r sld fr use with tbacc are nt cnsidered tbacc prduct accessries, and instead are regulated as vapur prducts. 24

25 Packaging The SFOA, 2017 prhibits a persn frm selling r ffering t sell a tbacc prduct r vapur prduct at retail r fr subsequent sale at retail, r distribute r ffer t distribute a tbacc r vapur prduct fr that purpse, unless it is packaged in accrdance with the fllwing requirements set ut in the regulatin: a) A tbacc prduct must be packaged in accrdance with the requirements f the Tbacc and Vaping Prducts Act (Canada), and the package must bear r cntain infrmatin required under that Act; b) A vapur prduct must be packaged in accrdance with the requirements f the Tbacc and Vaping Prducts Act (Canada), and the package must bear r cntain infrmatin required under that Act; c) cigarettes must be cntained in packages f at least 20 cigarettes; and d) cigarills must be cntained in packages f at least 20 cigarills. 25

26 Tbacc Prduct Packaging Acceptable packaging Packages are a bx, tin r ther cntainer in which a prduct cntaining tbacc is sld. Packages f prducts cntaining tbacc are regulated by: Health Canada Ontari Ministry f Finance Ontari Ministry f Health and Lng-Term Care Packages must include the fllwing: Health warning that cvers 75% f the frnt and back f the package Duty paid tax stamp Txic Emissins Statements must be listed n the side f package f cigarettes and little cigars Raw leaf tbacc, cigars, prducts cntaining tbacc ther than cigarettes and fine cut tbacc are nt required t be marked with duty paid tax stamp. 26

27 Tbacc Prduct Packaging (Cntinued) Unacceptable packaging: Clear plastic bags. Peach duty paid tax stamp fr n-reserve sale nly. 27

28 Smking Tbacc, Cannabis and Using Electrnic Cigarettes It is prhibited t smke tbacc r cannabis, r t use an e-cigarette t vape any substance including cannabis in an enclsed wrkplace r enclsed public place. As the prprietr/emplyer f an enclsed wrkplace and enclsed public place, yu have a respnsibility t ensure that the entire premises are smke and vape-free at all times, including during thse times when the premises is nt pen t the public. 28

29 Vending Machines N wner r ccupier f a place can have a vending machine fr selling r dispensing tbacc prducts r vapur prducts in any part f the place unless it is nly perable by a retailer r an emplyee f a retailer. 29

30 Penalties and Seizure A stre wner can be charged and cnvicted fr the actins f their emplyees, unless the wner is fund by the Curt t have exercised due diligence. Seizure: When an emplyee is charged with a tbacc r vapur sales ffence under the SFOA, 2017, the stre wner r crpratin may als be charged. Penalties fr stres can be higher than thse fr an individual. An autmatic prhibitin will be issued if there are tw r mre tbacc sales cnvictins against any wner at the same place f business within a five year perid. Owners and managers shuld train their emplyees n the respnsibilities f selling tbacc and vapur prducts under the SFOA, 2017 and are advised t keep emplyee training recrds. Inspectrs may seize tbacc and vapur prducts that are prhibited fr sale under the SFOA, 2017 if it is being sld, ffered fr sale, distributed r ffered fr distributin. 30

31 Fines Anyne wh is nt cmpliant with the rules set ut in the SFOA, 2017 can be charged with an ffence. This table prvides a list f sme f the fines retailers may be subject t under the SFOA, 2017: Tbacc prduct and vapur prduct sales ffence Selling r supplying tbacc/vapur prducts t a persn wh is less than 19 years ld; failing t I.D. a persn wh appears t be less than 25 years ld; displaying r prmting tbacc/vapur prducts. Range f maximum fines fr ffence related t tbacc (depending n the number f prir cnvictins fr the same ffence) Individual: $8,000 t $200,000 Crpratin: $20,000 t $300,000 Range f maximum fines fr ffence related t vapur (depending n the number f prir cnvictins fr the same ffence) Individual: $4,000 t $100,000 Crpratin: $10,000 t $150,000 Failing t pst the required signage including the Age Restrictin sign(s), Prduct Identificatin sign(s), and N Smking/Vaping sign in the prescribed manner. Individual: $2,000 t $50,000 Crpratin: $5,000 t $75,000 Individual: $2,000 t $50,000 Crpratin: $5,000 t $75,000 Selling imprperly packaged tbacc prduct r vapur prduct; selling r ffering t sell a prhibited flavured tbacc prduct r vapur prduct. Individual: $4,000 t $100,000 Crpratin: $200,000 t $600,000 Individual: $2,000 t $50,000 Crpratin: $100,000 t $300,000 Business wners are respnsible fr their actins and the actins f their wrkers/emplyees and can be cnvicted f a tbacc/vapur sales ffence with respect t the act f emplyees. 31

32 Autmatic Prhibitin Autmatic Prhibitin (AP) means that a stre will lse the ability t sell r stre any tbacc prduct. The length f the prhibitin is 6, 9 r 12 mnths, depending n the number f cnvictins that take place in the 5 year perid. Tbacc whlesalers and distributrs will nt deliver tbacc t the retail stre during this time. An AP will be issued when there are tw r mre registered cnvictins against any wner fr tbacc sales ffences cmmitted at the same place f business within a five year perid. APs culd be issued based n cnvictins against multiple wners (past and present), as lng as they are in respect f tbacc sales ffences cmmitted at the same lcatin. This applies t cnvictins registered against the wner/crpratin at the business lcatin (e.g., same address). The payment f a fine indicates a guilty plea t the ffence in questin and is registered as a cnvictin. Under sectin 22 f the SFOA, 2017 the Minister f Health and Lng-Term Care is required t send a ntice f prhibitin t a tbacc retailer upn becming aware that there are tw r mre registered cnvictins f tbacc sales ffences cmmitted by any persn at the tbacc retailer s place f business within a 5 year perid. Examples f Tbacc Sales Offences: Sale r supply f tbacc t minr. Selling tbacc withut psting required age restrictin and I.D. signs. Sale f imprperly packaged tbacc. Sale f tbacc in vending machine. 32

33 Autmatic Prhibitin Signs The wner r ccupant f the tbacc retail lcatin that is subject t an autmatic prhibitin is required t pst signs* at the entrance and at every lcatin where tbacc was sld r supplied immediately befre the day the prhibitin came int effect. If the prhibitin was impsed because f a cntraventin f subsectin 3 (1) r (2) f the Act related t selling r supplying tbacc t a minr, the signs must meet the fllwing requirements: 1. The signs must be 18 cm in height and 35 cm in width. 2. The signs must be cpies f the sign entitled Autmatic Prhibitin Caused by Tbacc Sales t Minrs, dated January 1, 2018 and available n the Ontari gvernment website. Otherwise, the signs must meet the fllwing requirements: 1. The signs must be 18 cm in height and 35 cm in width. 2. The signs must be cpies f the sign entitled Autmatic Prhibitin Caused by Other Tbacc Sales Offences, dated January 1, 2018, available n the Ontari gvernment website. * Accessible thrugh a website f the Gvernment f Ontari r frm the lcal public health unit 33

34 Unregulated and Cunterfeit Tbacc Any tbacc prduct that has nt had the apprpriate federal and prvincial taxes paid is illegal t sell r pssess in Canada. This includes: Tbacc prducts that are legally manufactured in ther cuntries but smuggled int Canada illegally. Tbacc prducts that are illegally manufactured in ther cuntries and smuggled int Canada. Tbacc prducts that are illegally manufactured in Canada. Tbacc prducts that are imitatins r frgeries f real brands - these are mst cmmnly referred t as cunterfeit. Tbacc prducts which are tax-exempt and designated fr Indigenus cmmunities may nt be sld t nn-indigenus peple. 34

35 Tbaccnists and Specialty Vape Stres There are exemptins in the SFOA, 2017 fr tbaccnists and specialty vape stres that satisfy certain cnditins and register with the bard f health fr the public health unit in which the stre is lcated. Registratin is lcatin-specific and an establishment can nly register as a tbaccnist r a specialty vape stre. T Be Registered as a Tbaccnist At least 85% f the establishment s ttal sales revenue frm the previus twelve mnths are frm specialty tbacc prducts. Specialty tbacc prducts are tbacc prducts, ther than cigarettes, and tbacc accessries. If the establishment has been in peratin fr less than ne year: At least 85% f the establishment s ttal inventry purchases fr the time it has been in existence cnsists f specialty tbacc prducts; r At least 85% f the establishment s ttal sales fr the time it has been in existence cnsists f specialty tbacc prducts. The remaining sales r inventry are frm cigarettes r ther items reasnably assciated with a tbacc prduct r branded with the name f the tbaccnist r a brand f tbacc. T Be Registered as a Specialty Vape Stre At least 85% f the establishment s ttal sales revenue frm the previus twelve mnths are frm vapur prducts. If the establishment has been in peratin fr less than ne year: At least 85% f the establishment s ttal inventry purchases fr the time it has been in existence cnsists f vapur prducts; r At least 85% f the establishment s ttal sales fr the time it has been in existence cnsists f vapur prducts The remaining sales r inventry are frm ther items reasnably assciated with a vapur prduct r branded with the name f the specialty vape stre r a brand f vapur prduct. 35

36 Display and Prmtin Rules fr Tbaccnists A registered tbaccnist is exempt frm the display and prmtin restrictins if the fllwing cnditins are met: 1) Prducts and prmtinal material must nt be visible frm utside the establishment at any time f day. 2) The retailer must nt allw anyne under the age f 19 int the stre, ther than the stre wner, emplyees r a supprt persn accmpanying a persn with a disability wh is at least 19 years ld. If a persn appears t be under the age f 25, the stre must ask the persn t prvide ID t cnfirm that they are at least 19 years ld. 3) The establishment must be a building r must be lcated within a building. 4) Entry int the establishment must be frm the utdrs r frm areas f an enclsed shpping mall that are pen t the public and nt part f anther business. 5) The place f business f the tbaccnist must nt be a thrughfare. Fr example, this means a persn cannt enter the stre frm utdrs t pass thrugh t access an indr cmmn area such as a mall. 36

37 Display and Prmtin Rules fr Specialty Vape Stres A registered specialty vape stre can display and prmte vapur prducts inside its retail establishment, but nly if the establishment meets the fllwing cnditins: 1) N persns under 19 are permitted entry int the stre, ther than the stre wner, emplyees r a supprt persn accmpanying a persn with a disability wh is at least 19 years ld. If a persn appears t be under the age f 25, the stre must ask the persn t prvide ID t cnfirm that they are at least 19 years ld. 2) The establishment must be a building r must be lcated within a building. 3) Entry int the establishment must be frm the utdrs r frm areas f an enclsed shpping mall that are pen t the public and nt part f anther business. 4) The place f business f the specialty vape stre must nt be a thrughfare - this means a persn cannt enter the stre frm utdrs t pass thrugh t access an indr cmmn area such as a mall. T access this exemptin, a retail establishment must be registered as a tbaccnist r specialty vape stre with the lcal bard f health fr the public health unit in which the business is lcated. 37

38 Prcess fr registering as a Tbaccnist r Specialty Vape Stre T becme registered, yu must cmplete an applicatin frm including a statement f prfessinal accuntant. T get mre infrmatin abut registratin, please cntact yur lcal public health unit. 38

39 Sampling and Demnstratin Exemptins Vendrs registered as specialty vape stres are permitted t allw the fllwing activities, if certain cnditins are met: 1. Hld an activated electrnic cigarette, if: N vapur is inhaled r exhaled frm the electrnic cigarette, and The activatin is fr the purpses f prduct testing r demnstrating t custmers hw t activate an electrnic cigarette. 2. Use an electrnic cigarette, if: The use is fr the purpse f sampling a vapur prduct, The electrnic cigarette des nt cntain tbacc, cannabis r a cntrlled substance, N mre than 2 persns are sampling the vapur prduct in the stre at the same time, and The electrnic cigarette must be in the persnal pssessin f the custmer r if it is supplied by the specialty vape stre, then a fresh ne-time dispsable muthpiece must be used fr the sampling. Vendrs registered as tbaccnists may allw the hlding f an activated electrnic cigarette (i.e. heat-nt-burn device), if the fllwing cnditins are met: N vapur is inhaled r exhaled frm the electrnic cigarette, and The activatin is fr the purpses f prduct testing r demnstrating t custmers hw t activate an electrnic cigarette. 39

40 Tbacc Display Exemptin fr Duty Free Retailers A retailer wh sells tbacc prducts at a duty free shp, as defined in subsectin 2 (1) f the Custms Act (Canada), may display tbacc prducts and branded tbacc accessries, if the fllwing cnditins are met: 1) Tbacc prducts and branded tbacc accessries must nt be visible frm utside the duty free shp at any time f day. 2) Custmers f the duty free shp must nly be able t enter the duty free shp frm the utdrs r frm the areas f an enclsed shpping mall that are: i. pen t the public, ii. cmmn t mst f the retail establishments r ther businesses within the mall, and iii. nt part f a retail establishment r ther business within the mall. 3) The duty free shp must nt be a thrughfare. 40

41 Appendix A: Tips fr Stre Owners and Operatrs Tell yur emplyees abut these laws Meet with each emplyee, call a staff meeting. Have staff read this infrmatin and ensure they understand it. Have staff sign the sheet that says they have read and understd this infrmatin. Keep this infrmatin where all emplyees can see it and refer t it. Share this infrmatin with all new emplyees and review it with all emplyees regularly. Share all new infrmatin when it is sent t yu. Remind staff f the law. Tell staff t speak with yu r cntact the lcal public health agency fr additinal infrmatin. Tell yur emplyees t I.D. everyne wh lks under 25 Teach yur staff t be familiar with acceptable I.D. Teach yur staff the three easy steps fr checking I.D. Tell staff t watch fr fake I.D. Tell staff If in dubt, d nt sell. Infrm yur emplyees that they can be charged if they sell tbacc r vapur prducts t anyne under 19. The stre wner r crpratin can als be charged. Teach yur emplyees hw t handle cmplaints frm custmers abut requests fr I.D. Make sure all required age restrictin and I.D. signs are psted in yur stre. Have yur emplyees tell custmers they are beying the law. Have yur emplyees shw custmers the psted age restrictin and I.D. signs. 41

42 Appendix B: Additinal Resurces Fr mre infrmatin n the SFOA, 2017, please cntact: Lcal Public Health Unit Ontari Ministry f Health and Lng-Term Care Ontari Ministry f Finance 42

43 Sign-ff Sheet Stre Name: Address: Please ensure that everyne wh wrks in yur stre has reviewed this training resurce and understand the requirements f the Smke-Free Ontari Act, 2017 by having them sign belw. Once yu have all required signatures, please keep a cpy at yur stre fr yur recrd and be prepared t present it when inspected. Date Name Psitin Signature The wner f a business will be deemed liable fr any cntraventin f the Act pertaining t vendrs that ccurs at the place f business, unless the wner exercises due diligence t prevent any cntraventins. Training staff using this resurce des nt prve due diligence, as this is ne f many steps that can be taken t ensure emplyees d nt sell t minrs r cmmit any ther infractin f the SFOA,