Last updated: December 10, 2021

Sales Restrictions

Sale of single cigarettes/sticks

Banned
Analysis

The law prohibits the sale of cigarettes “in a package that contains fewer than 20 cigarettes.” While there is no provision that affirmatively prohibits the sale of single cigarettes, it is our understanding that the prohibition on the sale of packages of fewer than 20 sticks is implemented and enforced as a ban on the sale of single cigarettes. Therefore, the regulatory status code “Banned” is given.

The law aligns with FCTC Art. 16 in that the law prohibits the sale of single cigarettes. For greater clarity, the law should specify that cigarettes may not be sold individually.

Sale of tobacco products via vending machines

Some Restrictions
Analysis

Vending machine sales of tobacco products are permitted subject to certain restrictions. Vending machines may not be located in a place to which members of the public have access. Access to vending machines is restricted to staff on the premises where the vending machine is located. Members of the public (18 and older) may buy tobacco products from a vending machine by asking an employee, who may use a remote controlled device. In addition, tobacco products and packages may not be visible from outside the vending machine. A notice may be displayed that does no more than identify the tobacco products available and indicate their price, using only written or printed words.

The law aligns with FCTC Art. 16 with respect to sales to minors and with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco product display. However, the law does not align with FCTC Art. 13 and FCTC Art. 13 Guidelines para. 14, which provides: “Vending machines should be banned because they constitute by their very presence a means of advertising or promotion under the terms of the Convention.” To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the use of vending machines for tobacco product sales.

Sale of tobacco products via the internet

Some Restrictions
Analysis

The law permits the internet sale of tobacco products provided that the information provided to purchasers is “only in the form of printed or written words” and “does no more than identify the tobacco product and indicate its price.” Section 57 of the Smokefree Environments and Regulated Products Regulations 2021 contains further restrictions on how the information may appear - black text on a white background and specifying the size of the type, and limiting the information to the brand of the tobacco product, the variant, the amount/quantity, and the price. Section 57 further requires a health warning to appear on the top and bottom of the internet page and a statement that provides that sales to minors are prohibited. Because the manner of internet sales is prescribed, the regulatory status, “Some Restrictions,” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all internet tobacco product sales as internet sales are an inherent form of tobacco advertising and promotion.

Sale of smokeless tobacco products

Some Restrictions
Analysis

The law provides that “no person shall import for sale, sell, pack, or distribute any tobacco product labelled or otherwise described as suitable for chewing, or for any other oral use (other than smoking).” However, the sale of nasal snuff is allowed. Therefore, the regulatory status code "Some Restrictions" is given.

Sale of waterpipe tobacco products

Allowed
Analysis

The law does not specifically prohibit the sale of waterpipe tobacco; therefore, the law is interpreted as permitting the sale of waterpipe tobacco.

Location-based Sales Restrictions

Schools/educational facilities

Allowed
Analysis

The law does not prohibit or restrict the sale of tobacco products in schools/educational facilities; therefore, the law is interpreted as permitting the sale of tobacco products in schools/educational facilities.

Playgrounds

Allowed
Analysis

The law does not prohibit or restrict the sale of tobacco products on playgrounds; therefore, the law is interpreted as permitting the sale of tobacco products on playgrounds.

Stadiums/arenas

Allowed
Analysis

The law does not prohibit or restrict the sale of tobacco products in stadiums/arenas; therefore, the law is interpreted as permitting the sale of tobacco products in stadiums/arenas.

Healthcare facilities

Allowed
Analysis

The law does not prohibit or restrict the sale of tobacco products in healthcare facilities; therefore, the law is interpreted as permitting the sale of tobacco products in healthcare facilities.

Cultural facilities

Allowed
Analysis

The law does not prohibit or restrict the sale of tobacco products in cultural facilities; therefore, the law is interpreted as permitting the sale of tobacco products in cultural facilities.

Retail Package Size Restrictions

Minimum number of cigarette sticks per unit package

Yes
Analysis

The law prohibits the sale of cigarettes in packages of fewer than 20 sticks.

The law aligns with FCTC Art. 16 with respect to the sale of small packets of cigarettes.

Minimum weight of smokeless tobacco per unit package

Not Applicable
Analysis

The law prohibits the sale of smokeless tobacco. Therefore, this regulatory status code “Not Applicable” is given.

Minimum weight of loose tobacco per unit package

Yes
Analysis

The law prohibits the sale of loose tobacco in unit packages weighing fewer than 30 grams. "Loose tobacco" refers to both tobacco for hand rolling and pipe tobacco.

Retail Licensing Requirements

Specific retail license required to sell tobacco products

No
Analysis

The law does not require a specific retail license to sell tobacco products.

To align with FCTC Art. 15, the law should require retailers to obtain a license to sell tobacco products.