Tobacco Control Act 2015
FA E R
N

AT F
TQUO U

BERMUDA

TOBACCO CONTROL ACT 2015

2015 : 56

TABLE OF CONTENTS

PART 1
PRELIMINARY

Citation
Interpretation

PART 2
PROHIBITION ON SMOKING

Prohibition on smoking in certain areas
Offence and penalty under Part 2

PART 3
PACKAGING AND LABELLING

Health warning on cigarette product, tobacco product or smokeless tobacco product
Prohibition on obscuring health warning
False information on package
Language of labelling information
Offences and penalties under Part 3

PART 4
ACCESS

Prohibition on retail display
Offence and penalty under Part 4

PART 5
ADVERTISING AND PROMOTION

Product advertisement
Health warning in an advertisement

1
2

3
4

5
6
7
8
9

10
11

12
13

1

TOBACCO CONTROL ACT 2015

Advertising
Point of sale advertising
False promotion
Non-tobacco product
Promotion at a public event
Sponsorship promotion
Sales promotion
Offences and penalties under Part 5

PART 6
PROHIBITION ON SALE

Prohibition on sale to a minor
Prohibition on sale of product to resemble cigarette product or tobacco product
Prohibition on display of brand
Sale from vending machine prohibited
Prohibition on flavoured tobacco
Prohibition on sale in certain places
Offences and penalties under Part 6

PART 7
ENFORCEMENT

Designation of inspectors
Power to make test purchases
Power to enter premises and to seize goods, etc.
Obstructing, failing to comply, giving false information etc. to an inspector
Compensation
Inspector’s report
Wholesale distributor to register and submit a report
Offences and penalties under Part 7

PART 8
MISCELLANEOUS

Obligation of employer
General penalty
Regulations
Consequential amendments
Repeal and revocation
Commencement

SCHEDULE 1
No smoking areas

SCHEDULE 2
Health Warnings

SCHEDULE 3
Warning notices

14
15
16
17
18
19
20
21

22
23
24
25
26
27
28

29
30
31
32
33
34
35
36

37
38
39
40
41
42

2

TOBACCO CONTROL ACT 2015

WHEREAS it is necessary to create updated provisions to protect minors and others
from inducements to use tobacco products; to protect the health of minors by restricting
access to cigarette products and tobacco products; to control the sale and use of electronic
cigarettes; to repeal the Tobacco Products (Public Health) Act 1987; and to revoke the
Tobacco Products (Public Health) Regulations 1988;

Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and
consent of the Senate and the House of Assembly of Bermuda, and by the authority of the
same, as follows:

PART 1

PRELIMINARY

Citation
This Act may be cited as the Tobacco Control Act 2015.

Interpretation
In this Act—

“brand” includes a brand name, trademark, trade-name, distinguishing guise, logo,
graphic arrangement, design that is reasonably associated with a product or a
brand of a product;

“cigarette” means a cylindrical roll of ground or shredded tobacco that is wrapped
in paper or another substance meant for smoking;

“cigarette product” includes cigarettes and electronic cigarettes;

“electronic cigarette” means a cigarette-shaped device containing a nicotine based
liquid that is vapourised and inhaled, and is used to simulate the experience of
smoking tobacco;

“employee” has the meaning given in the Employment Act 2000;

“employer” has the meaning given in the Employment Act 2000;

“enclosed public place” means the inside of a place, building or structure,
temporary or permanent, that is covered by a roof completely or more than
fifty percent closed to the outside air, and to which the public is normally invited
or permitted access;

“enclosed workplace” means the inside of a place, building, structure or vehicle
that is covered by a roof completely or more than fifty percent closed to the
outside air, and that employees work in or frequent;

1

2

3

TOBACCO CONTROL ACT 2015

“flavoured tobacco product” includes a tobacco product that is represented as being
flavoured and contains a flavouring agent, but does not include menthol or
tobacco;

“inspector” means an officer appointed by the Minister under section 29 and
includes a police officer;

“Minister” means the Minister responsible for health;

“minor” means a person who has not attained 18 years of age;

“nicotine” means the chemical substance named 3-(1-methyl-2-pyrrolidinyl)
pyridine or C[10]H[14]N[2], including any salt or complex of nicotine;

“package” means any covering, wrapper, box, container, carton or other enclosure
that contains a tobacco product and includes a box, carton, cylinder, packet,
pouch or tin;

“public conveyance” means any mode of transportation that carries passengers for
hire or reward;

“publish” means to print or produce an advertisement for distribution to the public,
including making it available on the Internet;

“retailer” means a person who is engaged in a business that includes the sale of
cigarette products, tobacco products or smokeless tobacco products to
consumers;

“rolling papers” means small sheets, rolls or leaves of paper sold for rolling
cigarettes, either by hand or with a rolling machine;

“smokeless tobacco product” means any tobacco product that consists of cut,
ground, powered or leaf tobacco that is intended for oral or nasal use;

“smoking” means inhaling, exhaling or handling an ignited or heated cigarette
product or tobacco product, or a cigarette product or tobacco product
producing emissions by any means;

“tobacco” means any plant of nicotima tobaccum or nicotima bastica, or any other
plant related to nicotima tobaccum or nicotima bastica, or any leaf or fruit of
that plant;

“tobacco product” means a product composed in whole or in part from the leaf of
the tobacco plant as raw material which is manufactured for human
consumption;

“vending machine” means an electronic or mechanical device that, on the insertion
of any coin or other types of money or token, dispenses cigarette products or
tobacco products;

4

TOBACCO CONTROL ACT 2015

“wholesale distributor” means a company that handles the wholesale shipment of
cigarette products or tobacco products and the supply of such to retailers.

PART 2

PROHIBITION ON SMOKING

Prohibition on smoking in certain areas
No person shall smoke a cigarette product or tobacco product in any enclosed

public place, enclosed workplace or public conveyance, including but not limited to any
place listed in Schedule 1 Part 1.

No person shall smoke a cigarette product or tobacco product on the parts of
buildings and land ancillary to the places listed in Schedule 1 Part 2.

Offence and penalty under Part 2
Any person who contravenes section 3 commits an offence and is liable on

summary conviction to a fine of $1,000.

PART 3

PACKAGING AND LABELLING

Health warning on cigarette product, tobacco product or smokeless tobacco
product

No person shall sell, offer for sale or possess for the purpose of sale any
cigarette product, tobacco product or smokeless tobacco product unless the package bears
a health warning as provided in Schedule 2 Part 1 A or B (as the case may be).

The health warning referred to in subsection (1) shall cover 30% of the two
principal display surface areas and be located in the lower half of each package in such a
way that the warning is not damaged when the package is opened.

Prohibition on obscuring health warning
No person shall sell, offer for sale or possess for the purpose of sale a cigarette

product, tobacco product or smokeless tobacco product with its health warning covered or
obscured.

No person shall sell, offer for sale or possess for the purpose of sale any product
or device that is used or intended to be used to cover, obscure or alter the health warning
required under section 5.

3 (1)

(2)

4

5 (1)

(2)

6 (1)

(2)

5

TOBACCO CONTROL ACT 2015

False information on package
No person shall sell, offer for sale or possess for the purpose of sale a cigarette

product, tobacco product or smokeless tobacco product if the package contains—

any information that is false, misleading, deceptive, or is likely or intended,
directly or indirectly, to create an incorrect impression about the
characteristics, health effects or health hazards of such products;

any claim suggesting or implying that its use or exposure to its smoke is
not hazardous or less hazardous than other cigarette products, tobacco
products or smokeless tobacco products or brands.

This section includes but is not limited to the use of—

words or descriptors, whether or not a part of the brand name, such as
“ultra light”, “light”, “mild”, “low tar”, “slim” or similar words or descriptors;

any graphics associated with, or likely to be associated with, such words
or descriptors;

any package design characteristics associated with or like or intended to
be associated with such descriptors.

Language of labelling information
No person shall sell, offer for sale or possess for the purpose of sale any cigarette

product, tobacco product or smokeless tobacco product with labelling information that does
not contain English.

Offences and penalties under Part 3
Any person who contravenes section 5(1), 6 or 7 commits an offence and is

liable on summary conviction to a fine of $5,000.

Any person who contravenes section 8 commits and offence and is liable on
summary conviction to a fine of $5,000.

PART 4

ACCESS

Prohibition on retail display
No retailer shall display or permit the display of cigarette products, tobacco

products, smokeless tobacco products or rolling papers in a retail shop—

by means of a counter-top display;

7 (1)

(a)

(b)

(2)

(a)

(b)

(c)

8

9 (1)

(2)

10

(a)

6

TOBACCO CONTROL ACT 2015

in any manner that allows the purchaser to handle the cigarette product,
tobacco product, smokeless tobacco product or rolling papers before
purchasing them;

within 3 metres of confectionary, snacks, toys and other items or objects
that may be reasonably considered to be appealing to minors.

Offence and penalty under Part 4
Any retailer who contravenes section 10 commits an offence and is liable on

summary conviction to fine of $5,000.

PART 5

ADVERTISING AND PROMOTION

Product advertisement
A cigarette product, tobacco product or smokeless tobacco product advertisement

is any form of communication, recommendation or action with the effect or likely effect of
promoting—

the purchase or use of a cigarette product, tobacco product or smokeless
tobacco product;

the brand of a cigarette product, tobacco product or smokeless tobacco
product.

Health warning in an advertisement
No person shall display, publish or distribute for the purpose of display any cigarette

product, tobacco product or smokeless tobacco product advertisement unless the
advertisement has a health warning as provided in Schedule 2 Part 2.

Advertising
No person shall display or promote a cigarette product, tobacco product or

smokeless tobacco product by means of an advertisement that depicts, in whole or in part,
a cigarette product, tobacco product or smokeless tobacco product, its package or brand.

Point of sale advertising
No retailer shall advertise or promote cigarette products, tobacco products,

smokeless tobacco products or rolling papers at the part of the premises where such
products are offered for sale.

(b)

(c)

11

12

(a)

(b)

13

14

15

7

TOBACCO CONTROL ACT 2015

False promotion
No person shall advertise or promote a cigarette product, tobacco product or

smokeless tobacco product in a manner that is false, misleading or deceptive or that is likely
to create an incorrect impression about the characteristics, health effects or health hazards
of a cigarette product, tobacco product or smokeless tobacco product.

Non-tobacco product
No person shall advertise, promote or sell a cigarette product, tobacco product or

smokeless tobacco product if —

any of its brand is displayed on a non-tobacco product;

the non-tobacco product is associated with minors; or

the non-tobacco product could be reasonably considered to be appealing
to minors.

Promotion at a public event
No person shall employ or authorise anyone to promote cigarette products, tobacco

products or smokeless tobacco products at any place where the public is invited.

Sponsorship promotion
No person shall display a cigarette product, tobacco product or smokeless tobacco

product brand in a promotion that is used in the sponsorship of a person, team, event or
activity.

Sales promotion
No retailer shall—

offer or provide any consideration for the purchase of cigarette products,
tobacco products or smokeless tobacco products including a gift, prize,
bonus or other benefit to the purchaser;

furnish a cigarette product, tobacco product or smokeless tobacco product
without monetary consideration.

Offences and penalties under Part 5
Any person who contravenes section 13, 14, 15, 16 or 17 commits an offence

and is liable on summary conviction to a fine of $5,000.

Any person who contravenes section 18, 19 or 20 commits an offence and is
liable on summary conviction to a fine of $5,000.

16

17

(a)

(b)

(c)

18

19

20

(a)

(b)

21 (1)

(2)

8

TOBACCO CONTROL ACT 2015

PART 6

PROHIBITION ON SALE

Prohibition on sale to a minor
No person shall sell cigarette products, tobacco products, smokeless tobacco

products or rolling papers to a minor.

A person selling cigarette products, tobacco products, smokeless tobacco
products or rolling papers to a person who appears to be a minor shall require photo
identification as proof that such person is not a minor.

A retailer shall cause to be conspicuously displayed at all times at the point of
sale of cigarette products, tobacco products, smokeless tobacco products or rolling papers,
a warning notice containing the wording provided in Schedule 3.

A person does not contravene subsection (1) if it is established that he
attempted to verify that the person was at least 18 years of age by requiring and being
shown identification to verify the person’s age and believed on reasonable grounds that the
identification was valid.

Prohibition on sale of product to resemble cigarette product or tobacco product
No person shall import or manufacture, sell, offer for sale or display for sale, or

supply any confectionery, snacks, toys or other products or objects in the form of cigarette
products or tobacco products, or which resemble cigarette products or tobacco products.

Prohibition on display of brand
No person shall sell or offer for sale any accessory that displays the brand of a

cigarette product, tobacco product or smokeless tobacco product.

Sale from vending machine prohibited
No person shall cause or allow the presence or use of a vending machine for selling

or dispensing cigarette products or tobacco products at the place he owns or occupies.

Prohibition on flavoured tobacco
No person shall sell, offer for sale or permit the sale of flavoured tobacco products.

Prohibition on sale in certain places
No person shall sell cigarette products, tobacco products or smokeless tobacco

products in any of the following places—

health care facilities;

educational facilities;

22 (1)

(2)

(3)

(4)

23

24

25

26

27 (1)

(a)

(b)

9

TOBACCO CONTROL ACT 2015

day care facilities and preschools;

government buildings.

The Minister may by regulations amend subsection (1).

Regulations made under subsection (2) are subject to the negative resolution
procedure.

Offences and penalties under Part 6
Any person who contravenes section 22, 25 or 27 commits an offence and is

liable on summary conviction to a fine of $10,000.

Any person who contravenes section 23, 24 or 26 commits an offence and is
liable on summary conviction to a fine of $5,000.

PART 7

ENFORCEMENT

Designation of inspectors
The Minister may designate a public officer to be an inspector for the purposes of

enforcement of this Act and shall furnish every such person with a certificate of his
designation signed by the Minister and the person so designated.

Power to make test purchases
An inspector may, for the purposes of enforcement of this Act or any regulations,

make test purchases of cigarette products, tobacco products, smokeless tobacco products
or related products, or otherwise ascertain whether any provisions of this Act or regulations
made under this Act are being complied with.

Power to enter premises and to seize goods, etc.
An inspector who has reasonable cause to believe that an offence under this

Act or regulations made under this Act has been committed, may at all reasonable times
and on production of his credentials enter any premises other than premises or parts of
premises used exclusively as a dwelling house and while there may—

inspect any cigarette product, tobacco product or smokeless tobacco
product found;

require any retailer or employee to produce books or documents relating
to the business and to permit the inspector to take copies of or any entry
in such books or documents;

(c)

(d)

(2)

(3)

28 (1)

(2)

29

30

31 (1)

(a)

(b)

10

TOBACCO CONTROL ACT 2015

seize and detain cigarette products, tobacco products, smokeless tobacco
products, related products or documents which he believes may be
required as evidence in proceedings under this Act;

for the purpose of exercising his powers to seize goods under this section
and to the extent that it is reasonably necessary in order to ensure
compliance with any provision referred to in this section, require any
person having authority to do so to break open any container, and if the
person does not comply, the inspector may do so himself.

An inspector who seizes cigarette products, tobacco products, smokeless
tobacco products, related products or documents in exercise of his powers under subsection
(1) shall, in a written statement specifying the nature and amount of items seized, inform
the person from whom they are seized.

For the purpose of proceedings taken or transactions made under this Act, the
written statement of an inspector given under subsection (2) has effect as a receipt for the
goods or documents seized.

A magistrate who is satisfied by sworn information in writing that there are
reasonable grounds to believe that—

cigarette products, tobacco products, smokeless tobacco products, related
products or documents which an inspector has power to inspect are on any
premises and that their inspection is likely to disclose evidence of the
commission of an offence under this Act or regulations made under this
Act; or

an offence under this Act or regulations made under this Act has been, is
being, or is about to be committed on any premises;

and that—

admission to the premises has been or is likely to be refused and that notice
of intention to apply for a warrant under this subsection has been given to
the occupier; or

an application for admission or the giving of the notice mentioned in
paragraph (c) would defeat the object of the entry or that the premises
are unoccupied or that the occupier is temporarily absent and it might
defeat the object of the entry to await his return,

may by warrant under his hand, which shall continue in force for a period of one month,
authorise any inspector to enter the premises, if need be by force.

An inspector who enters premises by virtue of this section may take with him
such other persons and equipment as appears necessary to him, and on leaving premises
which he enters by virtue of a warrant under subsection (4), where either the premises are

(c)

(d)

(2)

(3)

(4)

(a)

(b)

(c)

(d)

(5)

11

TOBACCO CONTROL ACT 2015

unoccupied or the occupier is temporarily absent, he shall affix a notice in a conspicuous
place stating that the premises were entered for the purpose of this section, and as far as
practicable shall leave the premises as effectively secured against trespassers as he found
them.

When exercising powers under this Act, an inspector shall present proof of
identity as an inspector.

Obstructing, failing to comply, giving false information etc. to an inspector
No person shall—

wilfully obstruct an inspector acting in the exercise of any power conferred
on him by or under section 31;

wilfully fail to comply with any requirement properly made to him by an
inspector under section 31;

without reasonable cause fail to give an inspector acting under section 31
such assistance or information as he may reasonably require of the person
for the performance of the inspector’s functions under this Part;

in giving information as mentioned in paragraph (c), make a statement
which he knows to be false;

not being an inspector purport to act as an inspector under this Act;

disclose to another person, where the disclosure is not made in the
performance of his duty information otherwise obtained by him under this
Act.

Compensation
Where in the exercise of his powers under section 31 an inspector seizes and

detains any goods, and the owner suffers loss by reason of the goods being seized or by
reason that, during the detention, the goods are lost or damaged or deteriorate, unless the
owner is convicted of an offence under this Act committed in relation to the goods, the
owner is entitled to compensation for the loss so suffered.

Any disputed question as to the right to or the amount of any compensation
payable under this section shall on the written application of the owner or of the Attorney-
General be determined as follows—

if the amount of the compensation claimed does not exceed $10,000, by
a magistrate; or

if the amount of the compensation claimed exceeds $10,000, by a judge
of the Supreme Court,

(6)

32

(a)

(b)

(c)

(d)

(e)

(f)

33 (1)

(2)

(a)

(b)

12

TOBACCO CONTROL ACT 2015

in like manner as if the magistrate or the judge were a single arbitrator appointed pursuant
to the provisions of the Arbitration Act 1986, and the provisions of that Act shall apply
accordingly.

Inspector’s report
An inspector shall within one week of conducting an inspection, make a written

report to the Director of Health.

Wholesale distributor to register and submit a report
Every wholesale distributor shall apply in a form determined by the Minister—

to register with the Department of Health;

to re-register with the Department of Health annually.

An application for registration under subsection (1)(a) shall be accompanied
such fee as may be prescribed in the Government Fees Regulations 1976.

An application for re-registration under subsection (1)(b) shall be accompanied
by such fee as may be prescribed in the Government Fees Regulations 1976.

A wholesale distributor registered under subsection (1) shall submit to the
Minister an annual report in such form and containing such information as the Minister may
direct.

Offences and penalties under Part 7
Any person who contravenes section 32 commits an offence and is liable on

summary conviction to a fine of $1,000.

Any person who contravenes section 35 commits an offence and is liable on
summary conviction to a fine of $1,000.

PART 8

MISCELLANEOUS

Obligation of employer
An employer shall, in respect of an enclosed workplace—

ensure that the environment is smoke free;

inform all employees that the environment is smoke free;

post no-smoking signage in conspicuous places;

take such action as he considers appropriate where any employee does
not comply with the prohibition on smoking.

34

35 (1)

(a)

(b)

(2)

(3)

(4)

36 (1)

(2)

37 (1)

(a)

(b)

(c)

(d)

13

TOBACCO CONTROL ACT 2015

For the purposes of this section, “smoke” means the emissions from a cigarette
product or tobacco product.

Any employer who contravenes this section commits an offence and is liable
on summary conviction to a fine of $1,000.

General penalty
Any person who commits an offence under this Act for which no penalty is expressly

provided shall be liable on summary conviction to a fine not exceeding $5,000.

Regulations
The Minister may make regulations—

to amend the Schedules to this Act;

as may appear to him necessary or desirable for the purposes of this Act.

The negative resolution procedure shall apply to regulations made under this
Act.

Consequential amendments
The National Drug Control Act 2013 is amended in section 1 by deleting the

definition of “tobacco” and “tobacco products” and substituting—

“ “tobacco” and “tobacco products” have the meanings given in section 2
of the Tobacco Control Act 2015.”.

The Government Fees Regulations 1976 are amended by inserting the
following after “Head 68”—

Head 68A
Tobacco Control Act 2015

(1) An application for registration as a wholesale distributor under section 35(2) $5, 000
(2) An application for re-registration as a wholesale distributor under section
35(3) $2,500

Repeal and revocation
The Tobacco Products (Public Health) Act 1987 is hereby repealed.

The Tobacco Products (Public Health) Regulations 1988 are hereby revoked.

Commencement
This Act comes into operation on 31 July 2016.

(2)

(3)

38

39 (1)

(a)

(b)

(2)

40 (1)

(2)

41 (1)

(2)

42

14

TOBACCO CONTROL ACT 2015

SCHEDULE 1

(Section 3)

NO SMOKING AREAS

PART 1

Places in which smoking is prohibited

(a) Health facilities
(b) Residential care facilities
(c) Educational facilities
(d) Day care facilities and preschools
(e) Public conveyances
(f) Office buildings
(g) Hotels
(h) Public transportation terminals
(i) Vehicles owned by an employer and used by employees in the course of employment
(j) Sports facilities and recreational facilities
(k) Theatres and cinemas
(l) Night clubs
(m) Shopping malls
(n) Bars and restaurants
(o) Retail establishments
(p) Any other facilities accessible by the public

PART 2

Premises on which smoking is prohibited

(a) Health care facilities
(b) Residential care facilities
(c) Educational facilities
(d) Day care facilities and preschools
(e) Public transportation terminals

15

TOBACCO CONTROL ACT 2015

SCHEDULE 2

(Sections 5 and 13)

HEALTH WARNINGS

PART 1

Cigarette Products or Tobacco Products

A

“WARNING: SMOKING CAUSES CANCER”
“WARNING: SMOKING CAUSES HEART DISEASE”
“WARNING: SMOKING KILLS”
“WARNING: SMOKING CAUSES LUNG CANCER”
“WARNING: SMOKING CAUSES MOUTH AND THROAT CANCER”
“WARNING: SMOKING DOUBLES YOUR RISK OF STROKE”
“WARNING: TOBACCO SMOKE IS TOXIC”
“WARNING: TOBACCO SMOKE CAN HARM YOUR CHILDREN”
“WARNING: SMOKING WHEN PREGNANT HARMS YOUR BABY”
“SMOKING SERIOUSLY HARMS YOU AND THOSE AROUND YOU”

Smokeless Tobacco

B

“WARNING: This product can cause mouth cancer”
“WARNING: This product can cause gum disease and tooth loss”
“WARNING: This product is not a safe alternative to cigarettes”
“WARNING: Smokeless tobacco is addictive”

PART 2

Advertisements

“HEALTH WARNING: Smoking is hazardous to your health”
“HEALTH WARNING: Quitting Smoking Now Greatly Reduces Serious Risks to Your Health”
“HEALTH WARNING: Smoking by Pregnant Women May Result in Fetal Injury, Premature Birth,
and Low Birth Weight”
“HEALTH WARNING: Cigarette Smoke Contains Carbon Monoxide”
“HEALTH WARNING: Smoking Causes Lung Cancer, Heart Disease, Emphysema, and May
Complicate Pregnancy”

16

TOBACCO CONTROL ACT 2015

SCHEDULE 3

(Section 22)

WARNING NOTICES

“IT IS ILLEGAL TO SELL TOBACCO PRODUCTS TO A PERSON UNDER THE AGE OF 18”
“THE SALE OF TOBACCO PRODUCTS TO A PERSON UNDER THE AGE OF 18 IS PROHIBITED”

[Assent Date: 23 December 2015]

17