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General\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Appeals\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Power to make regulations\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Amendment of the Tobacco Product and Intoxicating Liquor Advertising Law (1998 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Power to amend Schedule\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Binding of the Crown SCHEDULE \u2013 Public Places The Tobacco Law, 2008 Law 18 of 2008. I Assent Stuart Jack Governor. 23rd November, 2008. A LAW TO REGULATE THE LABELLING, PROMOTION, SALE AND DISTRIBUTION OF TOBACCO PRODUCTS; TO PROHIBIT THEIR USE IN CERTAIN PUBLIC PLACES; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. PART 1 \u2013 INTRODUCTORY 1. (1) This Law may be cited as the Tobacco Law, 2008. Short title and commencement (2) Subject to subsection (3) this Law shall come into force on such date as may be appointed by order made by the Governor and different dates may be appointed for different provisions of this Law. (3) Section 11(2) shall come into force one year after the commencement of this Law. 2. In this Law, unless the context otherwise requires- Definitions \u201cadvertisement\u201d means a commercial communication, other than as prescribed in section 11, through any medium or means that is intended to have or is likely to have the direct, indirect or incidental effect of creating an awareness of a tobacco product, brand element, manufacturer or seller or promoting the purchase or use The Tobacco Law, 2008 of a tobacco product or brand but does not include announcements in any telecommunication or written document that originates or is published outside the Islands and imported into the Islands; \u201cAuthorised Officer\u201d means an Environmental Health Officer appointed under section 3 of the Public Health Law (2002 Revision) and includes a police officer; \u201cbar\u201d means any premises exclusively or mainly used for the sale and consumption of beverages, whether alcoholic or not, where the sale of food is limited to snacks that do not constitute a meal; \u201cbrand element\u201d includes the brand name, trade-mark, trade-name, distinguishing guise, logo, graphic arrangement, design, slogan, symbol, motto, selling message, recognisable colour or pattern of colours, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of tobacco product; \u201cbusiness licence\u201d means a licence issued to a registrant by the Trade and Business Licensing Board; \u201cCertificate\u201d means the Certificate of Registration issued under section 4; \u201cChief Officer\u201d means the Permanent Secretary of the Ministry of Health and Human Services, or his designate; \u201ccigar bar\u201d means a licensed business that caters to patrons who smoke cigars on premises where there is installed a smoke ventilation system approved by the Planning Department; \u201ccigar store\u201d means any premises exclusively or mainly used for the sale of tobacco products, other than a cigar bar; \u201cdistribute\u201d means to sell, give, supply, exchange, convey, consign, deliver, furnish or transfer possession for commercial purposes, or offer to do so, whether for a fee or other consideration or as a sample, gift, prize, or otherwise without charge; \u201cemission\u201d means any substance or combination of substances that is produced as a result of a tobacco product being lighted; \u201cemployer\u201d means a person who employs one or more employees and includes a person who arranges with volunteers to undertake work; The Tobacco Law, 2008 \u201cenclosed public place\u201d means a public place that is fully or partially covered by a roof with at least 50% of its sides having walls, windows or other barriers such as blinds or curtains; \u201cGovernor\u201d means the Governor in Cabinet; \u201chealth care facility\u201d means premises at which health services are provided by a registered medical practitioner; \u201chotel\u201d means a boarding house, guest house, inn or hostel containing at least two rooms or apartments set apart exclusively for the sleeping accommodation of travellers; \u201cimporter\u201d means a person who receives or arranges for the receipt of tobacco products from another country for sale in the Islands; \u201cinternational no-smoking symbol\u201d means a symbol consisting of a graphic representation of a burning cigarette enclosed in a red circle with a red stripe across it; \u201cminor\u201d means a person under the age of eighteen; \u201cowner\u201d, in relation to premises, means the proprietor of the premises and includes the manager, licensee and the person in charge of the premises; \u201cpackage\u201d means the container, receptacle or wrapper in which a tobacco product is sold or displayed at retail, and includes a carton that contains the product packed in smaller quantities; \u201cprecincts\u201d means the immediate environs of a public place whether fenced or not; \u201cpremises\u201d means- (a) any building or part of a building; (b) any structure or part of a structure, whether moveable or not; (c) any installation whether on land or offshore; (d) any tent, marquee or stall; and (e) any vehicle; \u201cpromotion\u201d, in relation to a tobacco product, means the practice of fostering awareness of and positive attitudes towards a product, brand or manufacturer for the purpose of selling the product or encouraging its use, through various means including direct advertisement, discounts, incentives, rebates, free distribution, The Tobacco Law, 2008 publicising of brand elements through related events and products through a public medium of communication; \u201cpublic conveyance\u201d means any vehicle available to the public, whether or not a fee is charged, as a means of transportation and includes a taxi; \u201cpublic place\u201d means any place, including a workplace or public conveyance to which members of the public have access, whether or not a fee is charged for entry, and includes those places enumerated in the Schedule; \u201cregistrant\u201d means a person to whom a Certificate of Registration has been granted under section 4; \u201cregistration\u201d means registration with the Chief Officer under section 4 as a prerequisite for obtaining a business licence; \u201crestaurant\u201d means premises exclusively or mainly used for the sale and consumption of food and includes a caf\u00e9, coffee shop, bistro, fast food establishment or snack bar; \u201cretailer\u201d means a person who imports, manufactures or sells tobacco products to the public, and is registered in accordance with this Law; \u201csell\u201d includes offer for sale, expose for sale and have in possession for sale; \u201csmoking\u201d means inhaling or expelling the smoke of any tobacco product and includes the holding of any tobacco product that is alight;\u201d \u201ctelecommunications\u201d means any form of transmission, emission or reception of signs, texts, messages and sounds or other intelligence of any nature by wire, radio, optical or electromagnetic means; \u201ctobacco product\u201d means a product composed in whole or in part of tobacco, tobacco leaves or any extract of tobacco leaves and includes cigarette papers, tubes, filters and the package in which the product is sold; \u201ctoxicity\u201d means the quality, relative degree or specific degree of being toxic or poisonous; The Tobacco Law, 2008 \u201cvending machine\u201d means any machine which on insertion of any bank note, coin, metal or other material in it, dispenses tobacco or tobacco products automatically or with the help of the buyer; \u201cwholesale distributor\u201d means a person who imports or manufactures, and sells or distributes tobacco products for subsequent retail, and is registered in accordance with this Law; and \u201cworkplace\u201d means the inside of any place, building, structure, vehicle or conveyance or any part of them that is covered by a roof where employees work or frequent during the course of their employment whether or not they are acting in the course of their employment at the time, but does not include a place that is primarily a private dwelling. PART II \u2013 Product Regulation and Licensing 3. (1) No person shall manufacture, package, sell, advertise or promote a tobacco product except in accordance with this Law. Restrictions on dealing with tobacco products (2) No person shall import a tobacco product except in accordance with this Law, the Customs Law (2007 Revision) and the Customs Tariff Law (2002 Revision). (2007 Revision) (2002 Revision) 4. (1) Every person desirous of selling or importing tobacco products shall submit an application in the prescribed form accompanied by the prescribed fee, to the Chief Officer for registration as a dealer in tobacco products. Registration as a prerequisite for obtaining a licence to trade in tobacco products (2) Upon receiving the application for registration, the Chief Officer shall, if satisfied that the applicant is a suitable person for registration under this Law, register the applicant as a retailer or wholesale distributor and issue him a Certificate of Registration, which Certificate shall entitle him to apply to the Trade and Business Licensing Board for a business licence to deal in tobacco products. (3) Every person who, at the commencement of this Law, is a trader in tobacco products shall within twelve months of such commencement apply for registration. (4) The Certificate of Registration shall- (a) be in numerical sequence; (b) be dated the day it was granted; (c) describe the premises to which the registration applies; and The Tobacco Law, 2008 (d) be valid for a period that coincides with the termination of the business licence. (5) The Chief Officer shall keep and maintain in the prescribed form and containing the prescribed particulars, a register of every application for, and every grant of, a Certificate of Registration. (6) Registration shall not be granted to an applicant, the nature of whose business is- (a) a health care facility; (b) an educational or cultural institution; or (c) any other place as may be prescribed. (7) Where an applicant for the renewal of his registration submits his application prior to the expiration of his registration, he shall be entitled to continue trading pending the outcome of that application. 5. Every importer and wholesale distributor of a tobacco product shall provide the Chief Officer with information about the product and its emissions as prescribed. Chief Officer to be provided with information on emissions PART III \u2013 Packaging and Labelling 6. No person shall manufacture, sell or import a tobacco product unless the package in which it is contained displays, in the prescribed form and manner, the prescribed information with regard to- Display of messages regarding health (a) the product and its emissions; (b) the health hazards and health effects arising from the use of the product or from its emissions; and (c) other health-related messages such as, inter alia, advice on how to stop smoking. PART IV \u2013 Advertising and Promotion 7. No person shall promote or cause to be promoted a brand element of a tobacco product- Prohibition against promotion of tobacco products (a) through direct or indirect means, including through sponsorship of an organisation, event, service, physical establishment or vehicle of any kind; or (b) in a manner that allows a consumer or purchaser of such product to be deceived or misled concerning its character, properties, toxicity, composition, merit or safety. The Tobacco Law, 2008 8. Unless otherwise prescribed, no person shall sell, promote, distribute or cause to be sold, promoted or distributed, a product or brand element other than a tobacco product that bears- Prohibition against promotion of product identical or similar to a tobacco product (a) the brand name, alone or in conjunction with any other word; (b) the trade mark; (c) the trade name; or (d) a distinguishing guise, such as- (i) a logo; (ii) a graphic arrangement; (iii) a design; (iv) a slogan; (v) a symbol; (vi) a motto; (vii) a selling message; (viii) a recognisable colour or pattern of colours; or (ix) any other indicia of product identification, identical or similar to, or identifiable with, those used for any brand of tobacco product. 9. No person shall, in the course of business- Consideration as an inducement to purchase (a) offer or provide any consideration, direct or indirect, as an inducement to purchase a tobacco product, including- (i) a gift to a purchaser or a third party; (ii) a bonus; (iii) a premium; (iv) cash; (v) a rebate; or (vi) the right to participate in a game, lottery or contest; or (b) distribute a tobacco product without monetary consideration or in consideration of the purchase of a product or service or the performance of a service. PART V \u2013 Distribution, Display and Use 10. (1) No person shall- Sale of tobacco products (a)  sell a tobacco product to a minor; (b) make available a tobacco product for consumption by a minor; or (c)  hire or use a minor to sell or otherwise handle a tobacco product. (2) No minor shall buy a tobacco product, whether for his own use or otherwise. The Tobacco Law, 2008 (3) It is not a defence to a prosecution for an offence against subsection (1) that the prospective purchaser appeared to be eighteen years of age or older. (4) A person shall not be found to have contravened subsection (1) if it is established that- (a) he exercised due diligence by attempting to verify that the prospective purchaser was eighteen years of age or older, by requesting the production of a prescribed form of identification; and (b) he reasonably believed that the document of identification produced was authentic and that it was issued to the person producing it. (5) No person shall sell cigarettes- (a) except in the full packages as prepared by the manufacturers thereof; and (b) other than on the premises to which the registration relates. 11. (1) No retailer shall sell a tobacco product unless he does so at the request of the purchaser. Display of tobacco products (2) Notwithstanding subsection (1), a retailer may post a sign indicating- (a) the availability of tobacco products for sale; (b) the specific products or brands available for sale; and (c) the prices of the products, and the brand element may be visibly displayed, but only as prescribed. (3) Unless otherwise prescribed, no person shall sell a tobacco product through the mail, the Internet or a vending machine. (4) No person shall display a tobacco product at the point of sale or in a manner that permits the customer to handle the product prior to purchase except in the case of cigar bars and cigar stores. (5) No person shall sell a tobacco product at retail unless a sign bearing the prescribed health warnings together with any other information that may be prescribed is posted at the place of sale. (6) No person shall, at any place or premises in which tobacco products are sold at retail, display a sign respecting the legal age at which tobacco products may or may not be purchased, except in accordance with the regulations. The Tobacco Law, 2008 Use of tobacco products 12. (1) Subject to subsections (2) and (3), no person shall smoke in or within ten feet of a public place. (2) No person shall smoke in a public place, but this prohibition does not extend to- (a) rented condominium units; (b) hotel bedrooms; or (c) halls-of-residence sleeping rooms, that are designated in some manner as smoking-allowed rooms by the establishment renting the rooms; and (d) outdoor bars and restaurants provided that- (i) the ten-foot prohibition referred to in subsection (1) applies in respect of the entrance to the related facility; and (ii) a no-smoking area is designated within that related facility. (3) Smoking is permitted within a cigar bar, the owner of which shall within twelve months of the commencement of this Law install a smoke extractor\/ventilator system in accordance with prescribed requirements. (4) The management of all public places where smoking is prohibited shall post no-smoking signs as may be prescribed, which signs shall visibly bear the international no-smoking symbol clearly indicating that the establishment is smoke-free. PART VI - Enforcement 13. Authorised Officers shall conduct routine inspections of registered business premises. Inspection of registered business premises 14. An Authorised Officer may at reasonable times, enter any public place or premises in which he believes on reasonable grounds that- Premises that Authorised Officers may enter (a) a tobacco product is used, manufactured, tested, stored, packaged, labelled or sold; (b) there is anything used in the manufacture, testing, packaging, labelling, promotion or sale of a tobacco product or thing; or (c) there is information relating to the manufacture, testing, packaging, labelling, promotion or sale of a tobacco product. 15. In carrying out an inspection, an Authorised Officer may- Powers of Authorised Officers (a) examine a tobacco product or thing referred to in section 14(b); The Tobacco Law, 2008 (b) require anyone on the premises to produce for inspection, in the manner and form requested by the Authorised Officer, the tobacco product or thing; (c) open, or require anyone on the premises to open, any container or package found on the premises that the Authorised Officer believes on reasonable grounds contains a tobacco product or thing; (d) interview anyone dealing with the tobacco product, the owner of the premises, the employer, their agents, contractors, employees or other person using the premises; (e) take or require anyone on the premises to produce a sample of the tobacco product; and (f) require anyone found on the premises to produce for inspection or copying written or electronic information that is relevant to the administration or enforcement of this Law. 16. In carrying out an inspection an Authorised Officer may- Use of computers and copying equipment (a) use or cause to be used a computer system on the premises to examine data contained in or available to the computer system that are relevant to the administration or enforcement of this Law; (b) reproduce the data in the form of a print-out or other intelligible output and take them for examination or copying; and (c) use or cause to be used copying equipment on the premises to make copies of data, records or documents. 17. (1) An Authorised Officer may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant issued under subsection (2). Entry in a dwelling place (2) On application, a magistrate or Justice of the Peace may issue a warrant authorising the Authorised Officer named in the warrant to enter and inspect a dwelling-place, subject to any conditions specified in the warrant if the magistrate or Justice of the Peace is satisfied by information on oath- (a) that the dwelling-place is a place used for the purpose of the manufacture or sale of tobacco products; (b) that entry to the dwelling place is necessary for the administration of this Law; and (c) that the occupant does not consent to the entry, or that entry has been refused or there are reasonable grounds for believing that it will be refused. (3) An Authorised Officer, executing the warrant, other than a police officer, shall not use force unless- The Tobacco Law, 2008 (a) he is accompanied by a police officer; and (b) the use of force is specifically authorised in the warrant. Authorised Officers to be assisted and not obstructed 18. (1) The owner of premises inspected by an Authorised Officer under this Law and every person on the premises shall- (a) provide all reasonable assistance to enable the Authorised Officer to carry out his duties under this Law; and (b) furnish the Authorised Officer with the information that he reasonably requires for that purpose. (2) No person shall obstruct or hinder, or knowingly make a false or misleading statement to, an Authorised Officer who is carrying out his duties under this Law. 19. (1) During an inspection under this Law, an Authorised Officer may seize and detain a tobacco product or thing by means of which or in relation to which he believes on reasonable grounds that this Law has been contravened and shall provide the owner with written notice of the seizure and detention and the grounds therefor. Seizure (2) The Authorised Officer may direct that any tobacco product or thing seized be kept or stored in the place where it was seized or that it be removed to another place. (3) Unless permitted by an Authorised Officer, no person shall remove, alter or interfere in any way with a tobacco product or thing seized. 20. (1) A person from whom a tobacco product or thing was seized may, within ten days after the date of seizure, apply to a magistrate or Justice of the Peace for an order of restoration. Application for restoration (2) The magistrate or Justice of the Peace may order that the tobacco product or thing be restored immediately to the applicant if, on hearing the application, the magistrate or Justice of the Peace is satisfied- (a) that the applicant is entitled to possession of the tobacco product or thing seized; and (b) that the tobacco product or thing seized is not and will not be required as evidence in proceedings in respect of an offence under this Law. (3) Where on hearing an application made under subsection (1) the magistrate or Justice of the Peace is satisfied that the applicant is entitled to the tobacco product or thing seized but is not satisfied with respect to the matters The Tobacco Law, 2008 mentioned in subsection (2)(b), the magistrate or Justice of the Peace may order that the product or thing seized be restored to the applicant- (a) on the expiration of one hundred and eighty days after the date of seizure if no proceedings in respect of an offence under this Law have been commenced before that time; or (b) on the final conclusion of any such proceedings, in any other case. (4) The magistrate or Justice of the Peace may not make an order under this section for restoration of a tobacco product or thing if it has been forfeited by consent under section 21(3). (5) Where the circumstances surrounding the seizure and detention of the tobacco product or thing by the Authorised Officer are determined by the court- (a) not to have met the requirements of this Law, it shall be returned immediately to the premises from which it was seized; or (b) to have met the requirements of this Law, it may be confiscated or destroyed or subject to other disposal as ordered by the court. 21. (1) Where no application has been made under section 20(1) for the restoration of a tobacco product or thing seized under this Law within ten days after the date of seizure, or an application has been made but on the hearing of the application no order of restoration is made, the product or thing is forfeited to the Crown and may be disposed of as the court directs. Forfeiture (2) Where a person has been convicted of an offence under this Law, any movable property seized under this Law by means of or in respect of which the offence was committed is forfeited to the Crown and may be disposed of as the court directs. (3) Where an Authorised Officer has seized a tobacco product or thing and the owner or person in whose possession it was at the time of seizure consents in writing to its forfeiture, the product or thing is forfeited to the Crown and may be disposed of as the court directs. PART VII \u2013 Offences and Penalties 22. (1) A person who contravenes section 3, 5 or 6 is guilty of an offence and liable on summary conviction- Offences and penalties (a) for a first offence, to a fine of  fifteen thousand dollars; and (b) for a subsequent offence, to a fine of  thirty thousand dollars and imprisonment for twelve months. The Tobacco Law, 2008 (2) A person who contravenes section 7 is guilty of an offence and liable on summary conviction- (a) for a first offence, to a fine of ten thousand dollars; and (b) for a subsequent offence, to a fine of twenty thousand dollars and imprisonment for six months. (3) A person who contravenes section 8 or 9 is guilty of an offence and liable on summary conviction- (a) for a first offence to a fine of  five thousand dollars; and (b) for a subsequent offence to a fine of  twenty thousand dollars and imprisonment for twelve months. (4) A person who contravenes section 10 or 11 is guilty of an offence and liable to a fine of- (a) in the case of an individual, for a first offence, to a fine of five thousand dollars and for a subsequent offence to a fine of fifteen thousand dollars and to imprisonment for nine months; and (b) in the case of a company, for a first offence, to a fine of ten thousand dollars and for a subsequent offence to a fine of  thirty thousand dollars. (5) The owner of any premises referred to in Part V who fails to enforce the smoke-free policy applicable to the facility under his responsibility, including the posting of prescribed signs, is guilty of an offence and liable on summary conviction- (a) for a first offence, to a fine of fifteen thousand dollars; and (b) for a subsequent offence, to a fine of thirty thousand dollars and imprisonment for twelve months. (6) A person who contravenes section 12 is guilty of an offence and liable on summary conviction- (a) for a first offence, to a fine of two thousand dollars; and (b) for a subsequent offence, to a fine of ten thousand dollars. (7) A person who contravenes section 18 is guilty of an offence and liable on summary conviction- (a) for a first offence, to a fine of- (i) in the case of an individual, five thousand dollars; (ii) in the case of a retail establishment, fifteen thousand dollars; and (iii) in the case of a wholesale distributor, thirty thousand dollars; and (b) for a subsequent offence, to a fine of- The Tobacco Law, 2008 (i) in the case of an individual, ten thousand dollars and imprisonment for six months; (ii) in the case of a corporate retail establishment, twenty-five thousand dollars; and (iii) in the case of a corporate wholesale distributor, fifty thousand dollars. (8) Where a registrant is convicted of an offence under this Law, the Clerk of the court shall report such conviction to the Chief Officer and, if the registrant is so convicted on more than one occasion, the Chief Officer may revoke or refuse to renew his Certificate of Registration. 23. (1) Every registrant shall ensure that his servants, agents and other persons under his control comply with the provisions of this Law and where such person is guilty of an offence against this Law the registrant shall be taken also to have committed such offence and is liable to the same penalty as is prescribed for the principal offence whether or not he was present at the time of the commission of the offence. Vicarious liability of registrant (2) In this section \u201cperson under his control\u201d, in relation to a registrant, includes- (a) a person to whom he has leased the registered premises or delegated control thereof; and (b) a servant, agent or person under the control of a person referred to in paragraph (a). PART VIII \u2013 General 24. A person aggrieved by or dissatisfied with the decision of the Chief Officer- Appeals (a) to refuse his application for registration; or (b) to revoke his certificate, may within fourteen days of the communication of the decision to him, appeal to the Governor by notice in writing and the decision of the Governor shall be final and binding upon the appellant. 25. (1) The Governor may make regulations generally for administering this Law and for giving effect to its objects, purposes and intentions or with respect to any matter that by or under this Law may be or is to be prescribed. Power to make regulations (2) Without prejudice to the generality of the power conferred by subsection (1), regulations may be made under this section- The Tobacco Law, 2008 (a) prescribing the location, content and format of the signs required to identify smoke free establishments; (b) respecting the content and format of information that must appear on packages and in leaflets; (c) respecting the information that may not appear on packages; (d) prescribing time schedules for the implementation of promotional restrictions; (e) prescribing the forms of identification to be tendered by a prospective purchaser of a tobacco product seeking to establish that he is not a minor; (f) prescribing the quantities of a tobacco product to be sold in a single package; (g) prescribing the required signage at point of sale; (h) respecting the powers and duties of an Authorised Officer; (i) respecting the taking of samples; (j) respecting the procedure to be followed by an Authorised Officer during an inspection; (k) respecting the procedure to be followed during an inspection for seizure; and (i) prescribing the conditions under which exemptions from section 8 may be granted. 26. The Tobacco Product and Intoxicating Liquor Advertising Law, (1998 Revision) is amended as follows: Amendment of the Tobacco Product and Intoxicating Liquor Advertising Law (1998 Revision) Section No. Extent of amendment Repeal and substitute the following: \u201cThis Law may be cited as the Intoxicating Liquor Advertising Law (1998 Revision)\u201d. Delete the definitions of \u201chealth warning\u201d and \u201ctobacco products\u201d. Repeal. Delete the words \u201ctobacco product or\u201d. (a) in subsection (2)(a) delete the words \u201ctobacco product or\u201d; and The Tobacco Law, 2008 (b) delete subsection (2)(b). Delete subsections (1) and (2) and renumber subsection (3) as section 6. 27. The Governor may by Order amend the Schedule. Power to amend the Schedule 28. This Law shall be binding on the Crown. Binding of the Crown SCHEDULE (Sections 2 and 27) PUBLIC PLACES For the purposes of this Law, public places include the following: 1. offices and office buildings including corridors, lounges, eating areas, reception areas, elevators, escalators, foyers, stairwells, exercise areas, restroom amenity areas, laundry rooms and laundromats; 2. common areas in apartment buildings, condominiums and retirement homes; 3. health care facilities and their precincts; 4. educational institutions at all levels and their precincts; 5. early childhood centres and their precincts; 6. gyms and other physical-fitness facilities; 7. beauty parlours, barber shops and laundromats; 8. parks; 9. factories and warehouses; 10. any means of transportation used for commercial, public or professional purposes and used by more than one person; 11. public transportation terminals; public toilets; 13. retail establishments including shopping centres; 14. galleries, libraries and museums; 15. cinemas, theatres, and entertainment and games rooms; 16. concert and convention halls; 17. sports stadia; 18. bars and restaurants; 19. pool halls; 20. government owned facilities rented out for events; and The Tobacco Law, 2008 21. correctional facilities, except such areas of the grounds as the Director of Prisons may determine. Passed in the Legislative Assembly this 15th day of October, 2008. EDNA MOYLE Speaker. WENDY LAUER Clerk of the Legislative Assembly.\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2008_01_01\", \"date\": \"2008-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2008_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2008_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/amending\/2008\/018a\", \"FRBRdate\": [{\"date\": \"2008-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/amending\/2008\/018a\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2008-018A\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"018A of 2008\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"amending\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/amending\/2008\/018a\/eng@2008-01-01\", \"FRBRdate\": [{\"date\": \"2008-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/amending\/2008\/018a\/eng@2008-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/amending\/2008\/018a\/eng@2008-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/amending\/2008\/018a\/eng@2008-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Tobacco Law, 2008 (part)\", \"actNumber\": \"018A of 2008\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nSupplement No. 4 published with Gazette No. 25\ndated 8th December, 2008.\n\nTHE TOBACCO LAW, 2008\n\n(LAW 18 OF 2008)\n\nThe Tobacco Law, 2008\n\n2\n\nThe Tobacco Law, 2008\n\nTHE TOBACCO LAW, 2008\n\nARRANGEMENT OF SECTIONS\n\nPART I \u2013 Introductory\n\n1.\nShort title and commencement\n2.\nDefinitions\n\nPART II \u2013 Product Regulation and Registration\n3.\nRestrictions on dealing with tobacco products\n4.\nRegistration as a prerequisite for obtaining a licence to trade in tobacco\nproducts\n5.\nChief Officer to be provided with information on emissions\n\nPART III \u2013 Packaging and Labelling\n6.\nDisplay of messages regarding health\n\nPART IV \u2013 Advertising and Promotion\n\n7.\nProhibition against promotion of tobacco products\n8.\nProhibition against promotion of product identical or similar to a\ntobacco product\n9.\nConsideration as an inducement to purchase\n\nPART V \u2013 Distribution, Display and Use\n10. Sale of tobacco products\n11. Display of tobacco products\n12. Use of tobacco products\n\n3\n\nThe Tobacco Law, 2008\nPART VI \u2013 Enforcement\n13. Inspection of registered business premises\n14. Premises that Authorised Officers may enter\n15. Powers of Authorised Officers\n16. Use of computers and copying equipment\n17. Entry in a dwelling place\n18. Authorised Officers to be assisted and not obstructed\n19. Seizure\n20. Application for restoration\n21. Forfeiture\nPART VII \u2013 Offences and Penalties\n22. Offences and Penalties\n23. Vicarious liability of registrant\nPART VIII - General\n24. Appeals\n25. Power to make regulations\n26. Amendment of the Tobacco Product and Intoxicating Liquor\nAdvertising Law (1998 Revision)\n27. Power to amend Schedule\n28. Binding of the Crown\n\nSCHEDULE \u2013 Public Places\n\n4\n\nThe Tobacco Law, 2008\n\nCAYMAN ISLANDS\n\nLaw 18 of 2008.\n\nI Assent\n\nStuart Jack\n\nGovernor.\n\n23rd November, 2008.\n\nA LAW TO REGULATE THE LABELLING, PROMOTION, SALE AND\nDISTRIBUTION OF TOBACCO PRODUCTS; TO PROHIBIT THEIR\nUSE IN CERTAIN PUBLIC PLACES; AND FOR INCIDENTAL AND\nCONNECTED PURPOSES\n\nENACTED by the Legislature of the Cayman Islands.\n\nPART 1 \u2013 INTRODUCTORY\n1.\n(1) This Law may be cited as the Tobacco Law, 2008.\nShort title and\ncommencement\n\n(2) Subject to subsection (3) this Law shall come into force on such date\nas may be appointed by order made by the Governor and different dates may be\nappointed for different provisions of this Law.\n(3) Section 11(2) shall come into force one year after the commencement\nof this Law.\n2.\nIn this Law, unless the context otherwise requires-\nDefinitions\n\u201cadvertisement\u201d means a commercial communication, other than as prescribed in\nsection 11, through any medium or means that is intended to have or is likely to\nhave the direct, indirect or incidental effect of creating an awareness of a tobacco\nproduct, brand element, manufacturer or seller or promoting the purchase or use\n\n5\n\nThe Tobacco Law, 2008\nof a tobacco product or brand but does not include announcements in any\ntelecommunication or written document that originates or is published outside the\nIslands and imported into the Islands;\n\u201cAuthorised Officer\u201d means an Environmental Health Officer appointed under\nsection 3 of the Public Health Law (2002 Revision) and includes a police officer;\n\u201cbar\u201d means any premises exclusively or mainly used for the sale and\nconsumption of beverages, whether alcoholic or not, where the sale of food is\nlimited to snacks that do not constitute a meal;\n\u201cbrand element\u201d includes the brand name, trade-mark, trade-name, distinguishing\nguise, logo, graphic arrangement, design, slogan, symbol, motto, selling message,\nrecognisable colour or pattern of colours, or any other indicia of product\nidentification identical or similar to, or identifiable with, those used for any brand\nof tobacco product;\n\u201cbusiness licence\u201d means a licence issued to a registrant by the Trade and\nBusiness Licensing Board;\n\u201cCertificate\u201d means the Certificate of Registration issued under section 4;\n\u201cChief Officer\u201d means the Permanent Secretary of the Ministry of Health and\nHuman Services, or his designate;\n\u201ccigar bar\u201d means a licensed business that caters to patrons who smoke cigars on\npremises where there is installed a smoke ventilation system approved by the\nPlanning Department;\n\u201ccigar store\u201d means any premises exclusively or mainly used for the sale of\ntobacco products, other than a cigar bar;\n\u201cdistribute\u201d means to sell, give, supply, exchange, convey, consign, deliver,\nfurnish or transfer possession for commercial purposes, or offer to do so, whether\nfor a fee or other consideration or as a sample, gift, prize, or otherwise without\ncharge;\n\u201cemission\u201d means any substance or combination of substances that is produced as\na result of a tobacco product being lighted;\n\u201cemployer\u201d means a person who employs one or more employees and includes a\nperson who arranges with volunteers to undertake work;\n\n6\n\nThe Tobacco Law, 2008\n\u201cenclosed public place\u201d means a public place that is fully or partially covered by\na roof with at least 50% of its sides having walls, windows or other barriers such\nas blinds or curtains;\n\u201cGovernor\u201d means the Governor in Cabinet;\n\u201chealth care facility\u201d means premises at which health services are provided by a\nregistered medical practitioner;\n\u201chotel\u201d means a boarding house, guest house, inn or hostel containing at least two\nrooms or apartments set apart exclusively for the sleeping accommodation of\ntravellers;\n\u201cimporter\u201d means a person who receives or arranges for the receipt of tobacco\nproducts from another country for sale in the Islands;\n\u201cinternational no-smoking symbol\u201d means a symbol consisting of a graphic\nrepresentation of a burning cigarette enclosed in a red circle with a red stripe\nacross it;\n \u201cminor\u201d means a person under the age of eighteen;\n\u201cowner\u201d, in relation to premises, means the proprietor of the premises and\nincludes the manager, licensee and the person in charge of the premises;\n\u201cpackage\u201d means the container, receptacle or wrapper in which a tobacco product\nis sold or displayed at retail, and includes a carton that contains the product\npacked in smaller quantities;\n\u201cprecincts\u201d means the immediate environs of a public place whether fenced or\nnot;\n\u201cpremises\u201d means-\n(a) any building or part of a building;\n(b) any structure or part of a structure, whether moveable or not;\n(c) any installation whether on land or offshore;\n(d) any tent, marquee or stall; and\n(e) any vehicle;\n\u201cpromotion\u201d, in relation to a tobacco product, means the practice of fostering\nawareness of and positive attitudes towards a product, brand or manufacturer for\nthe purpose of selling the product or encouraging its use, through various means\nincluding direct advertisement, discounts, incentives, rebates, free distribution,\n\n7\n\nThe Tobacco Law, 2008\npublicising of brand elements through related events and products through a\npublic medium of communication;\n\u201cpublic conveyance\u201d means any vehicle available to the public, whether or not a\nfee is charged, as a means of transportation and includes a taxi;\n\u201cpublic place\u201d means any place, including a workplace or public conveyance to\nwhich members of the public have access, whether or not a fee is charged for\nentry, and includes those places enumerated in the Schedule;\n\u201cregistrant\u201d means a person to whom a Certificate of Registration has been\ngranted under section 4;\n\u201cregistration\u201d means registration with the Chief Officer under section 4 as a prerequisite for obtaining a business licence;\n\u201crestaurant\u201d means premises exclusively or mainly used for the sale and\nconsumption of food and includes a caf\u00e9, coffee shop, bistro, fast food\nestablishment or snack bar;\n\u201cretailer\u201d means a person who imports, manufactures or sells tobacco products to\nthe public, and is registered in accordance with this Law;\n\u201csell\u201d includes offer for sale, expose for sale and have in possession for sale;\n\u201csmoking\u201d means inhaling or expelling the smoke of any tobacco product and\nincludes the holding of any tobacco product that is alight;\u201d\n\u201ctelecommunications\u201d means any form of transmission, emission or reception of\nsigns, texts, messages and sounds or other intelligence of any nature by wire,\nradio, optical or electromagnetic means;\n\u201ctobacco product\u201d means a product composed in whole or in part of tobacco,\ntobacco leaves or any extract of tobacco leaves and includes cigarette papers,\ntubes, filters and the package in which the product is sold;\n\u201ctoxicity\u201d means the quality, relative degree or specific degree of being toxic or\npoisonous;\n\n8\n\nThe Tobacco Law, 2008\n\u201cvending machine\u201d means any machine which on insertion of any bank note,\ncoin, metal or other material in it, dispenses tobacco or tobacco products\nautomatically or with the help of the buyer;\n\u201cwholesale distributor\u201d means a person who imports or manufactures, and sells or\ndistributes tobacco products for subsequent retail, and is registered in accordance\nwith this Law; and\n\u201cworkplace\u201d means the inside of any place, building, structure, vehicle or\nconveyance or any part of them that is covered by a roof where employees work\nor frequent during the course of their employment whether or not they are acting\nin the course of their employment at the time, but does not include a place that is\nprimarily a private dwelling.\nPART II \u2013 Product Regulation and Licensing\n3.\n(1) No person shall manufacture, package, sell, advertise or promote a\ntobacco product except in accordance with this Law.\nRestrictions on dealing\nwith tobacco products\n(2) No person shall import a tobacco product except in accordance with\nthis Law, the Customs Law (2007 Revision) and the Customs Tariff Law (2002\nRevision).\n(2007 Revision)\n(2002 Revision)\n4.\n(1) Every person desirous of selling or importing tobacco products shall\nsubmit an application in the prescribed form accompanied by the prescribed fee,\nto the Chief Officer for registration as a dealer in tobacco products.\nRegistration as a\nprerequisite for\nobtaining a licence to\ntrade in tobacco\nproducts\n(2) Upon receiving the application for registration, the Chief Officer shall,\nif satisfied that the applicant is a suitable person for registration under this Law,\nregister the applicant as a retailer or wholesale distributor and issue him a\nCertificate of Registration, which Certificate shall entitle him to apply to the\nTrade and Business Licensing Board for a business licence to deal in tobacco\nproducts.\n(3) Every person who, at the commencement of this Law, is a trader in\ntobacco products shall within twelve months of such commencement apply for\nregistration.\n(4) The Certificate of Registration shall-\n(a) be in numerical sequence;\n(b) be dated the day it was granted;\n(c) describe the premises to which the registration applies; and\n\n9\n\nThe Tobacco Law, 2008\n(d) be valid for a period that coincides with the termination of the\nbusiness licence.\n(5) The Chief Officer shall keep and maintain in the prescribed form and\ncontaining the prescribed particulars, a register of every application for, and\nevery grant of, a Certificate of Registration.\n(6) Registration shall not be granted to an applicant, the nature of whose\nbusiness is-\n(a) a health care facility;\n(b) an educational or cultural institution; or\n(c) any other place as may be prescribed.\n(7) Where an applicant for the renewal of his registration submits his\napplication prior to the expiration of his registration, he shall be entitled to\ncontinue trading pending the outcome of that application.\n5.\nEvery importer and wholesale distributor of a tobacco product shall provide\nthe Chief Officer with information about the product and its emissions as\nprescribed.\nChief Officer to be\nprovided with\ninformation on\nemissions\nPART III \u2013 Packaging and Labelling\n6.\nNo person shall manufacture, sell or import a tobacco product unless the\npackage in which it is contained displays, in the prescribed form and manner, the\nprescribed information with regard to-\nDisplay of messages\nregarding health\n(a) the product and its emissions;\n(b) the health hazards and health effects arising from the use of the\nproduct or from its emissions; and\n(c) other health-related messages such as, inter alia, advice on how\nto stop smoking.\n\nPART IV \u2013 Advertising and Promotion\n7.\nNo person shall promote or cause to be promoted a brand element of a\ntobacco product-\nProhibition against\npromotion of tobacco\nproducts\n(a) through direct or indirect means, including through sponsorship\nof an organisation, event, service, physical establishment or\nvehicle of any kind; or\n(b) in a manner that allows a consumer or purchaser of such product\nto be deceived or misled concerning its character, properties,\ntoxicity, composition, merit or safety.\n\n10\n\nThe Tobacco Law, 2008\n8.\nUnless otherwise prescribed, no person shall sell, promote, distribute or\ncause to be sold, promoted or distributed, a product or brand element other than a\ntobacco product that bears-\nProhibition against\npromotion of product\nidentical or similar to a\ntobacco product\n(a) the brand name, alone or in conjunction with any other word;\n(b) the trade mark;\n(c) the trade name; or\n(d) a distinguishing guise, such as-\n(i)\na logo;\n(ii) a graphic arrangement;\n(iii) a design;\n(iv) a slogan;\n(v) a symbol;\n(vi) a motto;\n(vii) a selling message;\n(viii) a recognisable colour or pattern of colours; or\n(ix) any other indicia of product identification,\nidentical or similar to, or identifiable with, those used for any brand of tobacco\nproduct.\n9.\nNo person shall, in the course of business-\nConsideration as an\ninducement to purchase\n(a) offer or provide any consideration, direct or indirect, as an\ninducement to purchase a tobacco product, including-\n(i)\na gift to a purchaser or a third party;\n(ii) a bonus;\n(iii) a premium;\n(iv) cash;\n(v) a rebate; or\n(vi) the right to participate in a game, lottery or contest; or\n\n(b) distribute a tobacco product without monetary consideration or in\nconsideration of the purchase of a product or service or the\nperformance of a service.\n\nPART V \u2013 Distribution, Display and Use\n10. (1) No person shall-\nSale of tobacco products\n(a)  sell a tobacco product to a minor;\n(b) make available a tobacco product for consumption by a minor; or\n(c)  hire or use a minor to sell or otherwise handle a tobacco product.\n(2) No minor shall buy a tobacco product, whether for his own use or\notherwise.\n\n11\n\nThe Tobacco Law, 2008\n(3) It is not a defence to a prosecution for an offence against subsection\n(1) that the prospective purchaser appeared to be eighteen years of age or older.\n(4) A person shall not be found to have contravened subsection (1) if it is\nestablished that-\n(a) he exercised due diligence by attempting to verify that the\nprospective purchaser was eighteen years of age or older, by\nrequesting the production of a prescribed form of identification;\nand\n(b) he reasonably believed that the document of identification\nproduced was authentic and that it was issued to the person\nproducing it.\n(5) No person shall sell cigarettes-\n(a) except in the full packages as prepared by the manufacturers\nthereof; and\n(b) other than on the premises to which the registration relates.\n\n11. (1) No retailer shall sell a tobacco product unless he does so at the request\nof the purchaser.\nDisplay of tobacco\nproducts\n(2) Notwithstanding subsection (1), a retailer may post a sign indicating-\n(a) the availability of tobacco products for sale;\n(b) the specific products or brands available for sale; and\n(c) the prices of the products,\nand the brand element may be visibly displayed, but only as prescribed.\n(3) Unless otherwise prescribed, no person shall sell a tobacco product\nthrough the mail, the Internet or a vending machine.\n(4) No person shall display a tobacco product at the point of sale or in a\nmanner that permits the customer to handle the product prior to purchase except\nin the case of cigar bars and cigar stores.\n(5) No person shall sell a tobacco product at retail unless a sign bearing\nthe prescribed health warnings together with any other information that may be\nprescribed is posted at the place of sale.\n(6) No person shall, at any place or premises in which tobacco products\nare sold at retail, display a sign respecting the legal age at which tobacco products\nmay or may not be purchased, except in accordance with the regulations.\n\n12\n\nThe Tobacco Law, 2008\nUse of tobacco products\n12. (1) Subject to subsections (2) and (3), no person shall smoke in or within\nten feet of a public place.\n(2) No person shall smoke in a public place, but this prohibition does not\nextend to-\n(a) rented condominium units;\n(b) hotel bedrooms; or\n(c) halls-of-residence sleeping rooms,\nthat are designated in some manner as smoking-allowed rooms by the\nestablishment renting the rooms; and\n(d) outdoor bars and restaurants provided that-\n(i)\nthe ten-foot prohibition referred to in subsection (1) applies\nin respect of the entrance to the related facility; and\n(ii) a no-smoking area is designated within that related facility.\n(3) Smoking is permitted within a cigar bar, the owner of which shall\nwithin twelve months of the commencement of this Law install a smoke\nextractor\/ventilator system in accordance with prescribed requirements.\n(4) The management of all public places where smoking is prohibited\nshall post no-smoking signs as may be prescribed, which signs shall visibly bear\nthe international no-smoking symbol clearly indicating that the establishment is\nsmoke-free.\nPART VI - Enforcement\n13. Authorised Officers shall conduct routine inspections of registered business\npremises.\nInspection of registered\nbusiness premises\n14. An Authorised Officer may at reasonable times, enter any public place or\npremises in which he believes on reasonable grounds that-\nPremises that Authorised\nOfficers may enter\n(a) a tobacco product is used, manufactured, tested, stored,\npackaged, labelled or sold;\n(b) there is anything used in the manufacture, testing, packaging,\nlabelling, promotion or sale of a tobacco product or thing; or\n(c) there is information relating to the manufacture, testing,\npackaging, labelling, promotion or sale of a tobacco product.\n\n15. In carrying out an inspection, an Authorised Officer may-\nPowers of Authorised\nOfficers\n(a) examine a tobacco product or thing referred to in section\n14(b);\n\n13\n\nThe Tobacco Law, 2008\n(b) require anyone on the premises to produce for inspection, in\nthe manner and form requested by the Authorised Officer, the\ntobacco product or thing;\n(c) open, or require anyone on the premises to open, any container\nor package found on the premises that the Authorised Officer\nbelieves on reasonable grounds contains a tobacco product or\nthing;\n(d) interview anyone dealing with the tobacco product, the owner\nof the premises, the employer, their agents, contractors,\nemployees or other person using the premises;\n(e) take or require anyone on the premises to produce a sample of\nthe tobacco product; and\n(f)\nrequire anyone found on the premises to produce for\ninspection or copying written or electronic information that is\nrelevant to the administration or enforcement of this Law.\n16. In carrying out an inspection an Authorised Officer may-\nUse of computers and\ncopying equipment\n(a) use or cause to be used a computer system on the premises to\nexamine data contained in or available to the computer system\nthat are relevant to the administration or enforcement of this\nLaw;\n(b) reproduce the data in the form of a print-out or other intelligible\noutput and take them for examination or copying; and\n(c) use or cause to be used copying equipment on the premises to\nmake copies of data, records or documents.\n17. (1) An Authorised Officer may not enter a dwelling-place except with the\nconsent of the occupant or under the authority of a warrant issued under\nsubsection (2).\nEntry in a dwelling place\n(2) On application, a magistrate or Justice of the Peace may issue a\nwarrant authorising the Authorised Officer named in the warrant to enter and\ninspect a dwelling-place, subject to any conditions specified in the warrant if the\nmagistrate or Justice of the Peace is satisfied by information on oath-\n(a) that the dwelling-place is a place used for the purpose of the\nmanufacture or sale of tobacco products;\n(b) that entry to the dwelling place is necessary for the\nadministration of this Law; and\n(c) that the occupant does not consent to the entry, or that entry has\nbeen refused or there are reasonable grounds for believing that it\nwill be refused.\n(3) An Authorised Officer, executing the warrant, other than a police\nofficer, shall not use force unless-\n\n14\n\nThe Tobacco Law, 2008\n(a) he is accompanied by a police officer; and\n(b) the use of force is specifically authorised in the warrant.\nAuthorised Officers to\nbe assisted and not\nobstructed\n18. (1) The owner of premises inspected by an Authorised Officer under this\nLaw and every person on the premises shall-\n(a) provide all reasonable assistance to enable the Authorised Officer\nto carry out his duties under this Law; and\n(b) furnish the Authorised Officer with the information that he\nreasonably requires for that purpose.\n(2) No person shall obstruct or hinder, or knowingly make a false or\nmisleading statement to, an Authorised Officer who is carrying out his duties\nunder this Law.\n19. (1) During an inspection under this Law, an Authorised Officer may seize\nand detain a tobacco product or thing by means of which or in relation to which\nhe believes on reasonable grounds that this Law has been contravened and shall\nprovide the owner with written notice of the seizure and detention and the\ngrounds therefor.\nSeizure\n(2) The Authorised Officer may direct that any tobacco product or thing\nseized be kept or stored in the place where it was seized or that it be removed to\nanother place.\n(3) Unless permitted by an Authorised Officer, no person shall remove,\nalter or interfere in any way with a tobacco product or thing seized.\n20. (1) A person from whom a tobacco product or thing was seized may,\nwithin ten days after the date of seizure, apply to a magistrate or Justice of the\nPeace for an order of restoration.\nApplication for\nrestoration\n(2) The magistrate or Justice of the Peace may order that the tobacco\nproduct or thing be restored immediately to the applicant if, on hearing the\napplication, the magistrate or Justice of the Peace is satisfied-\n(a) that the applicant is entitled to possession of the tobacco product\nor thing seized; and\n(b) that the tobacco product or thing seized is not and will not be\nrequired as evidence in proceedings in respect of an offence\nunder this Law.\n(3) Where on hearing an application made under subsection (1) the\nmagistrate or Justice of the Peace is satisfied that the applicant is entitled to the\ntobacco product or thing seized but is not satisfied with respect to the matters\n\n15\n\nThe Tobacco Law, 2008\nmentioned in subsection (2)(b), the magistrate or Justice of the Peace may order\nthat the product or thing seized be restored to the applicant-\n(a) on the expiration of one hundred and eighty days after the date of\nseizure if no proceedings in respect of an offence under this Law\nhave been commenced before that time; or\n(b) on the final conclusion of any such proceedings, in any other\ncase.\n(4) The magistrate or Justice of the Peace may not make an order under\nthis section for restoration of a tobacco product or thing if it has been forfeited by\nconsent under section 21(3).\n(5) Where the circumstances surrounding the seizure and detention of the\ntobacco product or thing by the Authorised Officer are determined by the court-\n(a) not to have met the requirements of this Law, it shall be returned\nimmediately to the premises from which it was seized; or\n(b) to have met the requirements of this Law, it may be confiscated\nor destroyed or subject to other disposal as ordered by the court.\n21. (1) Where no application has been made under section 20(1) for the\nrestoration of a tobacco product or thing seized under this Law within ten days\nafter the date of seizure, or an application has been made but on the hearing of the\napplication no order of restoration is made, the product or thing is forfeited to the\nCrown and may be disposed of as the court directs.\nForfeiture\n(2) Where a person has been convicted of an offence under this Law, any\nmovable property seized under this Law by means of or in respect of which the\noffence was committed is forfeited to the Crown and may be disposed of as the\ncourt directs.\n(3) Where an Authorised Officer has seized a tobacco product or thing and\nthe owner or person in whose possession it was at the time of seizure consents in\nwriting to its forfeiture, the product or thing is forfeited to the Crown and may be\ndisposed of as the court directs.\nPART VII \u2013 Offences and Penalties\n22. (1) A person who contravenes section 3, 5 or 6 is guilty of an offence and\nliable on summary conviction-\nOffences and penalties\n(a) for a first offence, to a fine of  fifteen thousand dollars; and\n(b) for a subsequent offence, to a fine of  thirty thousand dollars and\nimprisonment for twelve months.\n\n16\n\nThe Tobacco Law, 2008\n(2) A person who contravenes section 7 is guilty of an offence and liable\non summary conviction-\n(a) for a first offence, to a fine of ten thousand dollars; and\n(b) for a subsequent offence, to a fine of twenty thousand dollars and\nimprisonment for six months.\n(3) A person who contravenes section 8 or 9 is guilty of an offence and\nliable on summary conviction-\n(a) for a first offence to a fine of  five thousand dollars; and\n(b) for a subsequent offence to a fine of  twenty thousand dollars and\nimprisonment for twelve months.\n(4) A person who contravenes section 10 or 11 is guilty of an offence and\nliable to a fine of-\n(a) in the case of an individual, for a first offence, to a fine of five\nthousand dollars and for a subsequent offence to a fine of fifteen\nthousand dollars and to imprisonment for nine months; and\n(b) in the case of a company, for a first offence, to a fine of ten\nthousand dollars and for a subsequent offence to a fine of  thirty\nthousand dollars.\n(5) The owner of any premises referred to in Part V who fails to enforce\nthe smoke-free policy applicable to the facility under his responsibility, including\nthe posting of prescribed signs, is guilty of an offence and liable on summary\nconviction-\n(a) for a first offence, to a fine of fifteen thousand dollars; and\n(b) for a subsequent offence, to a fine of thirty thousand dollars and\nimprisonment for twelve months.\n(6) A person who contravenes section 12 is guilty of an offence and liable\non summary conviction-\n(a) for a first offence, to a fine of two thousand dollars; and\n(b) for a subsequent offence, to a fine of ten thousand dollars.\n(7) A person who contravenes section 18 is guilty of an offence and liable\non summary conviction-\n(a) for a first offence, to a fine of-\n(i)\nin the case of an individual, five thousand dollars;\n(ii) in the case of a retail establishment, fifteen thousand\ndollars; and\n(iii) in the case of a wholesale distributor, thirty thousand\ndollars; and\n(b) for a subsequent offence, to a fine of-\n\n17\n\nThe Tobacco Law, 2008\n(i)\nin the case of an individual, ten thousand dollars and\nimprisonment for six months;\n(ii) in the case of a corporate retail establishment, twenty-five\nthousand dollars; and\n(iii) in the case of a corporate wholesale distributor, fifty\nthousand dollars.\n(8) Where a registrant is convicted of an offence under this Law, the Clerk\nof the court shall report such conviction to the Chief Officer and, if the registrant\nis so convicted on more than one occasion, the Chief Officer may revoke or\nrefuse to renew his Certificate of Registration.\n23. (1) Every registrant shall ensure that his servants, agents and other persons\nunder his control comply with the provisions of this Law and where such person\nis guilty of an offence against this Law the registrant shall be taken also to have\ncommitted such offence and is liable to the same penalty as is prescribed for the\nprincipal offence whether or not he was present at the time of the commission of\nthe offence.\nVicarious liability of\nregistrant\n(2) In this section \u201cperson under his control\u201d, in relation to a registrant,\nincludes-\n(a) a person to whom he has leased the registered premises or\ndelegated control thereof; and\n(b) a servant, agent or person under the control of a person referred\nto in paragraph (a).\nPART VIII \u2013 General\n24. A person aggrieved by or dissatisfied with the decision of the Chief Officer-\nAppeals\n(a) to refuse his application for registration; or\n(b) to revoke his certificate,\nmay within fourteen days of the communication of the decision to him, appeal to\nthe Governor by notice in writing and the decision of the Governor shall be final\nand binding upon the appellant.\n25. (1) The Governor may make regulations generally for administering this\nLaw and for giving effect to its objects, purposes and intentions or with respect to\nany matter that by or under this Law may be or is to be prescribed.\nPower to make\nregulations\n(2) Without prejudice to the generality of the power conferred by\nsubsection (1), regulations may be made under this section-\n\n18\n\nThe Tobacco Law, 2008\n(a) prescribing the location, content and format of the signs required\nto identify smoke free establishments;\n(b) respecting the content and format of information that must appear\non packages and in leaflets;\n(c) respecting the information that may not appear on packages;\n(d) prescribing time schedules for the implementation of promotional\nrestrictions;\n(e) prescribing the forms of identification to be tendered by a\nprospective purchaser of a tobacco product seeking to establish\nthat he is not a minor;\n(f)\nprescribing the quantities of a tobacco product to be sold in a\nsingle package;\n(g) prescribing the required signage at point of sale;\n(h) respecting the powers and duties of an Authorised Officer;\n(i)\nrespecting the taking of samples;\n(j)\nrespecting the procedure to be followed by an Authorised Officer\nduring an inspection;\n(k) respecting the procedure to be followed during an inspection for\nseizure; and\n(i)\nprescribing the conditions under which exemptions from section\n8 may be granted.\n\n26. The Tobacco Product and Intoxicating Liquor Advertising Law, (1998\nRevision) is amended as follows:\nAmendment of the\nTobacco Product and\nIntoxicating Liquor\nAdvertising Law (1998\nRevision)\nSection No.\nExtent of amendment\n1\nRepeal and substitute the following:\n\u201cThis Law may be cited as the Intoxicating Liquor\nAdvertising Law (1998 Revision)\u201d.\n2\nDelete the definitions of \u201chealth warning\u201d and \u201ctobacco\nproducts\u201d.\n3\nRepeal.\n4\nDelete the words \u201ctobacco product or\u201d.\n5\n(a)\nin subsection (2)(a) delete the words \u201ctobacco\nproduct or\u201d; and\n\n19\n\nThe Tobacco Law, 2008\n(b) delete subsection (2)(b).\n6\nDelete subsections (1) and (2) and renumber subsection\n(3) as section 6.\n27. The Governor may by Order amend the Schedule.\nPower to amend the\nSchedule\n28. This Law shall be binding on the Crown.\nBinding of the Crown\n\nSCHEDULE\n(Sections 2 and 27)\nPUBLIC PLACES\nFor the purposes of this Law, public places include the following:\n1.\noffices and office buildings including corridors,\nlounges, eating areas, reception areas, elevators,\nescalators, foyers, stairwells, exercise areas, restroom\namenity areas, laundry rooms and laundromats;\n2.\ncommon areas in apartment buildings, condominiums\nand retirement homes;\n3.\nhealth care facilities and their precincts;\n4.\neducational institutions at all levels and their precincts;\n5.\nearly childhood centres and their precincts;\n6.\ngyms and other physical-fitness facilities;\n7.\nbeauty parlours, barber shops and laundromats;\n8.\nparks;\n9.\nfactories and warehouses;\n10. any means of transportation used for commercial,\npublic or professional purposes and used by more than\none person;\n11. public transportation terminals;\n12\npublic toilets;\n13. retail establishments including shopping centres;\n14. galleries, libraries and museums;\n15. cinemas, theatres, and entertainment and games\nrooms;\n16. concert and convention halls;\n17. sports stadia;\n18. bars and restaurants;\n19. pool halls;\n20. government owned facilities rented out for events; and\n\n20\n\nThe Tobacco Law, 2008\n21. correctional facilities, except such areas of the grounds\nas the Director of Prisons may determine.\n\nPassed in the Legislative Assembly this 15th day of October, 2008.\n\nEDNA MOYLE\n\nSpeaker.\n\nWENDY LAUER\n\nClerk of the Legislative Assembly.\n\n21","akn_extracted_at":"2026-06-22 15:43:54.854366+00","cms_id":"2008-018A","law_type":"amending","year":"2008","number":"018A","title":"Tobacco Law, 2008 (part)","status":"spent"},"provenance":{"files":[{"file_id":"6229","expr_id":"1386","kind":"akn_xml","filename":"2008-018A.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/AMENDING\/2008\/2008-018A\/2008-018A.akn.xml","content_md5":"26fb452b8d02884ffa6556f51959ca6a","byte_size":"37998","http_last_modified":null,"fetched_at":"2026-06-22 15:43:54.96185+00"},{"file_id":"2771","expr_id":"1386","kind":"pristine_pdf","filename":"2008-018A.pdf","source_url":"\/cms\/images\/LEGISLATION\/AMENDING\/2008\/2008-018A\/2008-018A.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/AMENDING\/2008\/2008-018A\/2008-018A.pdf","content_md5":"7f50c8bd39ba224b11fa2ad27236a1b9","byte_size":"104649","http_last_modified":null,"fetched_at":"2026-06-16 04:01:10.739387+00"},{"file_id":"2772","expr_id":"1386","kind":"working_pdf","filename":"2008-018A.pdf","source_url":"\/cms\/images\/LEGISLATION\/AMENDING\/2008\/2008-018A\/2008-018A.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/AMENDING\/2008\/2008-018A\/2008-018A.pdf","content_md5":"7f50c8bd39ba224b11fa2ad27236a1b9","byte_size":"104649","http_last_modified":null,"fetched_at":"2026-06-16 04:01:10.739387+00"}],"paragraph_count":20,"latest_history":null},"quality":{"expr_id":"1386","doc_id":"1386","quality_state":"needs_review","quality_score":"80","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_commencement_metadata}","finding_severity_counts":"{\"low\": 2, \"medium\": 1}","finding_summary":"repeated line furniture detected: the tobacco law 2008 x22; products x6; tobacco product x3; duplicate-line ratio is 8.01%","assessed_at":"2026-06-22 15:29:46.67301+00","updated_at":"2026-06-22 15:29:46.67301+00"}}