Self-regulation program for the sale of tobacco products

Transcription

1 Self-regulation program for the sale of tobacco products Section 12 c of the Tobacco Act (1993:581) ENGELSKA Good to know about the self-regulation program Persons intending to sell tobacco products to consumers are to exercise self-regulation to ensure that sales are conducted in accordance with the regulations of the Tobacco Act (1993:581). You must document your control of the sales in a self-regulation program that is adapted for your business. It is the business operator, i.e., the person who owns the business, who is responsible for the existence of a self-regulation program. The program should describe, for instance, the point-of-sale's procedures for checking the age of customers, as well as marketing and the labelling of tobacco products. A self-regulation program helps you, the business operator, with your own controls and is an important source of data for the municipality to access, should they conduct a supervisory visit. You should attach a copy of your self-regulation program when you notify the municipality of your intention to sell tobacco products. Point-of-sale Name of the point-of-sale Street address Post code and town/city Contact person Telephone Number of employees Owner Company name (Ltd., partnership, sole trader, etc.) Corporate/Personal identity number Below is a suggestion for what a self-regulation program for the sale of tobacco products could contain. The help text under the headings describes the Act's sales regulations and the boxes are for suggested procedures that could help you, the business operator, with your self-regulation. Information on the 18-year age limit In order to inform customers that it is prohibited to sell or provide tobacco products to anyone under the age of 18, you are to have at least one distinct and clearly visible sign at the point-of-sale. The sign would normally be placed at the cash register, so that it meets the requirement of being distinct and clearly visible. There is nothing to prevent you from placing further signs in other places around the point-of-sale. Where are signs or stickers about the age limit placed at the point-of-sale? At the cash register On the entrance door In display windows On the ordering console/vending machine

2 Age limit and age control The person selling or providing tobacco products must be sure that the customer is 18 or older. The person who provides the goods for sale, the cash register clerk, for example, is personally responsible for ensuring that noone under the age of 18 is able to purchase tobacco. This means that anyone who sells tobacco to someone under the age of 18 can be fined or receive a prison sentence of up to six months. If the cash register clerk is unsure of the customer's age, they should ask to see identification. It can be difficult to judge a young person's age based solely on appearance. One way of making sure that a person has reached 18 years of age is to ask everyone who appears to be under 25 for identification. If the customer is younger than 18, then they may not be sold or provided with the tobacco product. Nor may it be sold if there is good reason to assume that the product will be passed on to someone under the age of 18. What procedures do you have for age control at the point-of-sale? If we are not sure whether the customer is 18 or older, we ask to see identification. We check the customer's age via the date of birth on their identification. An age limit sticker will help you to conduct age controls. We recommend that employees ask to see identification for all customers who look younger than years old. If the customer cannot present proof that they are 18 or older, we do not serve them. If the customer does not produce identification upon request, we refuse to serve them. If staff suspect that the tobacco is intended for someone under the age of 18, we do not serve them. If the customer is obstinate, we call the manager or another responsible member of staff. All tobacco products sold to consumers are to be sold in a manner whereby it is possible to check the customer's age. For this reason there also has to be procedures for age control for sales conducted through vending machines, by postal order, over the Internet, etc. What procedures do you have for age control if the sales are conducted via vending machines, postal order, the Internet, etc.? This is not relevant for us. Tokens or similar for a vending machine are sold at the cash register; staff conduct an age control there. When purchases are made through a vending machine, the age is checked via the customer's bank card or the like. The vending machine is located so that it can be continuously monitored. When purchases are made over the Internet, the age is checked via the customer's bank card or the like. Mail items are sent by registered post and require an acknowledgement of receipt, personal delivery or the like. Mail items contain information stating that the tobacco product cannot be delivered to anyone under the age of 18. It is prohibited to sell loose cigarettes (individually) or in packets with less than 19 cigarettes. This is so that tobacco shall be less accessible to minors. Do you have any procedures for checking that cigarettes are not sold loose (individually)? If so, what are they?

3 Do you have any procedures for monitoring how staff handle the age control requirement? If so, what are they? How do you handle problematic situations, for example, if the customer cannot produce any identification? We inform our employees of risks that can arise in conjunction with the sale of tobacco and give them suggestions on how to handle these risks. We train our staff how to handle conflicts; this includes providing them with information regarding age limits and age control. Support and training for employees A business operator who sells tobacco products to consumers shall provide their employees with the information and support that they need for them to be able to adhere to the Tobacco Act and the regulations associated with it. It is also important that all employees who work at the cash register and sell tobacco products realise their personal criminal liability in conjunction with the sale. How are employees informed of or trained in the age control requirement, their personal criminal liability and other regulations relating to the sale of tobacco products? When new staff are employed. Staff meetings Internal training External training Information and training material How often are employees informed of or trained in the age control requirement and other regulations relating to the sale of tobacco products? When new staff are employed. At least once a year. We use a table to detail the schedule for information and training for employees (see appendix 2). There is no age requirement within the Tobacco Act in respect of those who work at the cash register and sell tobacco products to the customer. On the other hand, cash register staff must be aware of the law and be capable of refusing to sell tobacco products to those under the age of 18. In many cases this can be difficult for an employee who is also younger than 18, so younger employees should therefore receive special support.

4 What special support do you provide to younger employees for the handling of difficult situations related to the sale of tobacco products? We sell tobacco from a specific cash register using older, more experienced staff. Young employees can get support from more experienced staff throughout their working day. Younger employees receive extra training and support with regard to handling difficult situations. Information on test purchases The municipality has the right to conduct test purchases in order to test whether points-of-sale have good procedures for their age controls. This involves a person over the age of 18 but who looks young testing whether it is possible for them to buy tobacco without providing identification. The aim is to attempt to improve the procedures for age control. Remember to inform your employees that you may be visited by someone who will make a test purchase! Requirements for health warnings, etc. A tobacco product contains some proportion of tobacco and is intended to be smoked, chewed, snuffed or sucked on (see EU Directive 2001/37/EC). Examples of tobacco products are: cigarettes, cigars, cigar wrappers, cigarillos, pipe and twist tobacco, moist snuff (snus), chewing tobacco, portion tobacco, raw tobacco and tobacco for waterpipes (hookah). All tobacco products are to have health warnings and cigarette packets must also have a declaration of contents. The design and placement of the text is regulated in EU Directive 2001/37/EC, in the Tobacco Act (1993:581) and in the Public Health Agency of Sweden's regulations FoHMFS 2014:9. The warning texts are to be printed on the cigarette packets. On other forms of tobacco, the warning texts may be stuck on. The health warnings on tobacco products that are intended to be smoked are more varied and greater in number than the health warnings required for tobacco that is taken as snus, or tobacco that is sucked on or chewed. The health warnings are to be printed in Swedish. Tobacco products that are not labelled or incorrectly labelled may not be provided for sale. Do you have any procedures for checking and ensuring that the tobacco products are correctly labelled? If so, what are they? We train our employees on how tobacco products should be labelled. We check that the tobacco products are correctly labelled when we purchase them. We check that the tobacco products are correctly labelled when we unpack them in the store. If the labelling of the tobacco products looks different, we check them again. If the tobacco products are not correctly labelled, we remove them from the point-of-sale and contact our supplier. Other measure: Marketing Tobacco products may only be marketed inside the point-of-sale through presenting them for sale and through commercial messages placed close to the products themselves. The messages cannot be invasive or outreaching or encourage people to use tobacco.

5 Do you have any procedures for checking that the point-of-sale's marketing is permitted? If so, what are they? Deviations You are to have control over your sales and also ensure that your employees follow the regulations. It is important that you rectify any compliance shortcomings that may arise. If the provisions of the Tobacco Act or the regulations associated with it are not adhered to, the municipality can decide to levy administrative sanctions against you, the business operator, whereby you must take appropriate remedial action. For example, the municipality may prohibit you from selling tobacco products for a certain period. As a support mechanism you should document what measures you have taken, should a problem arise. It will also then be easier for you to monitor whether the problem has been rectified. Which measures are taken if a problem arises, such as non-compliance with legal regulations or the self-regulation program? We go through the sales regulations with the employees. We contact the municipality to get information material. We sell tobacco from a specific cash register using more experienced staff. Experienced staff are given particular responsibility for selling tobacco products and for providing support to less experienced employees. Other measure: Här finns plats för kommunen att lägga in egen information, till exempel information om personuppgiftslagen. Signature Place and date Signature (authorised signatory) Name in block capitals

6 Extract from the Tobacco Act (1993:581) Appendix 1 Section 12 c A business operator may not provide tobacco products for sale to consumers without first notifying the municipality where the selling is to take place. Business operators are to exercise special control (self-regulation) over sales and ensure that the business has an appropriate self-regulation program. In accordance with the first paragraph, the business operator shall attach their self-regulation program to the notification along with any other information required for the municipality's supervisory activities. If this information should change, the municipality is to be notified of this without delay. The authorities involved The Public Health Agency of Sweden is the central supervisory authority for issues concerning age control and health warnings. The county administrative board is responsible regionally within the county for coordination and supervision. The municipality and the Police are responsible locally for supervising the trade in tobacco products. The Police's main task is to intervene in the event of a crime being committed, whilst the municipality's task is to ensure compliance with the system of regulations in the future. The Swedish Consumer Agency is the central supervisory authority for issues concerning marketing. The Swedish Tax Agency is responsible for issues concerning taxation. In certain cases however, Swedish Customs is the authority in charge of taxation. Swedish Customs is responsible, for instance, for age controls during importation from EU countries and imports from a third country. Tobacco excise tax - good to know about the taxation of tobacco products Tobacco duty is to be paid on tobacco products sold in retail outlets. A person in possession of untaxed tobacco products may be liable to pay the excise tax for these products. Furthermore, cigarettes may not be sold in a manner other than in the original packaging where there is labelling to indicate the highest permitted retail price. This is regulated in the Act on Excise Duty on Tobacco (1994:1563). For more information, please contact the Swedish Tax Agency on +46 (0) More information For more information about the Tobacco Act (1993: 581) and its associated regulations, please contact your municipality. Gnesta Kommun, Miljöenheten, Gnesta, miljoenheten@gnesta.se Age limit stickers and training and information material regarding the Tobacco Act's sales regulations can be ordered from the Public Health Agency of Sweden web site:

7 Bilaga 2 Information to employees It is important that your employees know the rules that apply to the sale of tobacco products, and why such rules exist. One way to assure yourself about this is to provide information to your employees once a year. In addition to this, you should go through the regulations with new employees. Remember to both state what the law says and describe your procedures. To remember when you informed your employees, it can be a good idea to fill in their names in a table, such as the one below. They should personally fill in the date when they last participated in an information or training session. Name Date 1 Date 2 Date 3 Date 4