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LAWS OF TRINIDAD AND TOBAGO
TOBACCO CONTROL ACT
CHAPTER 30:04
Act
15 of 2009
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–2 ..
3–4 ..
5–6 ..
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25–38 ..
L.R.O. UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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Index of Subsidiary Legislation
Page
Tobacco Control Regulations (LN 6/2014). These Regulations shall come into
effect on 10th January 2015 … … … … … 26
Note on Commencement—Section 2
The various sections of this Act came into operation on 17th February 2010 (See LN 24/2010)
and 5th August 2013 (See LN 154/2013).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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CHAPTER 30:04
TOBACCO CONTROL ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Commencement.
3. Act inconsistent with Constitution.
4. Interpretation.
PART II
ADMINISTRATIVE
5. Unit established in Ministry.
6. Function of Unit.
7. Function of authorised officers.
8. Power of authorised officers.
9. Identification of authorised officers.
10. Licensing procedure and transitional period.
11. Information required in reports.
PART III
PROHIBITIONS
12. Non-smoking areas.
13. Prohibition on sales by minors.
14. Prohibition on self-service displays.
15. Prohibition on public displays.
16. Prohibition on self-service sales of tobacco products.
17. Prohibition on sales of tobacco products in certain places.
18. Prohibition on toy or candy cigarettes.
19. Prohibition against tobacco advertising.
20. Prohibition against incentive promotions and free supply of tobacco
products.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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21. Sponsorship.
22. Other forms of promotion.
PART IV
PACKAGING AND LABELLING
23. Conformity with packaging and labelling requirements.
24. Labelling.
25. Constituents and additives disclosure on tobacco product packages.
26. Deceptive or misleading information.
27. Multiple packaging.
28. Requirements for name, licence number, etc., on package.
29. Requirements for tamper-proof packaging and labelling.
30. Language of labelling information.
31. Labelling of individual units.
32. Minimum package size for smokeless tobacco products.
PART V
MISCELLANEOUS
33. Compliance with Act.
34. Evidence.
35. Protection for employees.
36. Penalties and liabilities.
37. Penalties where non-prescribed.
38. Regulations and Orders.
FIRST SCHEDULE.
SECOND SCHEDULE.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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CHAPTER 30:04
TOBACCO CONTROL ACT
An Act to prevent tobacco use by children; regulate tobacco
use by individuals; enhance public awareness of the
hazards of tobacco use and ensure that individuals are
provided with information to make more fully informed
decisions about using tobacco; protect individuals from
exposure to tobacco smoke; prohibit and restrict
promotional practices; prevent smuggling of tobacco;
provide for regulation of tobacco products to mitigate
against the harmful effects of tobacco; and provide for
other related matters.
*[ASSENTED TO 23RD DECEMBER 2009]
WHEREAS the use of tobacco products is responsible for
numerous debilitating and fatal diseases:
And whereas smoke from tobacco products is a serious health
threat to persons exposed to the smoke, causing serious diseases
in adults and children:
And whereas most smokers who start smoking at a very young
age are not aware of the extent and nature of the harm caused by
tobacco products, and because of the addictive properties of
nicotine, are often unable to quit even when they are highly
motivated to do so:
And whereas the marketing of tobacco products through
product design, promotion, packaging, pricing and distribution,
is known to contribute to the demand for tobacco products:
And whereas resolving to align national laws with the World
Health Organisation Framework Convention on Tobacco
Control, the following measures are undertaken to protect the
health and well-being of all the people:
And whereas it is enacted inter alia, by subsection (1) of
section 13 of the Constitution that an Act to which this section
15 of 2009.
Preamble.
*See Section 2 for commencement.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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applies may expressly declare that it shall have effect even
though inconsistent with sections 4 and 5 of the Constitution and,
if any such Act does so declare, it shall have effect accordingly:
And whereas it is provided by subsection (2) of the said
section 13 of the Constitution that an Act to which this section
applies is one the Bill for which has been passed by both Houses
of Parliament and at the final vote thereon in each House has
been supported by the votes of not less than three-fifths of all the
members of that House:
And whereas it is necessary and expedient that the provisions
of this Act shall have effect even though inconsistent with
sections 4 and 5 of the Constitution:
PART I
PRELIMINARY
1. This Act may be cited as the Tobacco Control Act.
2. (1) Sections 1 to 9 and sections 12 to 22 of the Act came
into operation on 17th February 2010.
(2) Sections 10, 11 and sections 23 to 38 of the Act
came into operation on 5th August 2013.
3. This Act has effect even though inconsistent with
sections 4 and 5 of the Constitution.
4. In this Act—
“additive” means any substance, chemical, compound, or
component, other than tobacco or water, that is introduced
into a tobacco product during processing, manufacturing, or
packaging, including, as applicable, those contained in the
paper, filter, portion pouch, or similar part of the tobacco
product, its package or accessories;
“authorised officer” means a police officer, customs officer or
public health inspector;
“bulk packaging” means packaging containing at least ten
thousand cigarettes or cigars, or packaging containing more
than two hundred grammes of other tobacco products;
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Short title.
Commencement.
24/2010.
154/2013.
Act inconsistent
with
Constitution.
Interpretation.
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“child” means an individual under the age of eighteen years;
“constituents” means, in relation to—
(a) smoked tobacco products, the chemicals,
including the particles, vapours and gases found
in the smoke; and
(b) smokeless tobacco products, the chemicals
found in the product itself;
“Convention” means The World Health Convention on Tobacco
Control of 2003;
“enclosed” in relation to a space, means any space covered by a
roof completely or substantially enclosed, with the term
substantially enclosed meaning more than fifty per cent
closed to the outside air;
“factual information” means the brand name, manufacturer’s
name, type of product, prescribed messages, constituents,
additives, disclosures and price information;
“graphic” means any symbol, sign, logo, mark, trademark,
pattern, emblem, design, crèche, or any other indicia of
tobacco product or seller identification;
“manufacturer” means a person who manufactures, fabricates,
produces, processes, packages or labels tobacco products;
“message” means a warning or other information about the
health effects of tobacco use or exposure to tobacco smoke;
“Minister” means the Minister to whom responsibility for health
is assigned;
“Ministry” means the Ministry with responsibility for health;
“package” means any covering, wrapper, container, carton or
other enclosure that contains a tobacco product including
labels and other written or graphic information on or in it;
“person” includes any individual, proprietor, firm, partnership,
corporation, franchise, organisation, agency, association
or institution;
UNOFFICIAL VERSION
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“public conveyance” means any form or mode of transportation
that carries passengers for hire or reward, whether
domestically or internationally;
“public place” means any place accessible to the general public
or place of collective use, regardless of ownership or right
of access;
“Regulations” means Regulations made under this Act;
“seller” means any person who supplies any tobacco product for
a fee or other consideration, and includes any manufacturer,
distributor, wholesaler, importer, exporter and retailer;
“smoking” means inhaling, exhaling or handling an ignited or
heated tobacco product or a tobacco product producing
emissions by any means;
“supply” means to sell, give, exchange, convey, consign, deliver,
furnish, or transfer possession of, or title to, any tobacco
product for the purpose of obtaining financial or business
gain, or arrange or offer to do so, whether for a fee or other
consideration or without charge;
“tobacco advertising and promotion” means any form of
commercial communication, recommendation or action
with the aim, effect or likely effect of promoting a tobacco
product or tobacco use either directly or indirectly;
“tobacco product” means any product entirely or partly made
from the leaf of the tobacco as raw material which is
manufactured to be used for smoking, sucking, chewing
or snuffing;
“tobacco smoke” means the smoke or other emissions released
from a tobacco product or the smoke exhaled by a person
smoking a tobacco product;
“tobacco sponsorship” means any form of contribution to any
event, activity, organisation, or individual that has the aim,
effect or likely effect of promoting a tobacco product or
tobacco use directly or indirectly;
“Unit” means the Unit referred to in section 5;
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“work” includes work done for compensation and voluntary work;
“workplace” means any place used by persons during their
employment or work and includes vehicles, common areas,
and any other area which is generally used during the
course of employment or work, but does not include private
residences or private vehicles.
PART II
ADMINISTRATIVE
5. (1) The Minister shall establish a Unit within the
Ministry which shall be responsible for—
(a) developing and implementing, in collaboration
with civil society, a national strategic approach
to tobacco control;
(b) undertaking impact assessment of national
policies and programmes aimed at controlling
consumption and production of cigarettes and
other tobacco products;
(c) designing and disseminating messages for
inclusion on tobacco packages;
(d) reporting on Trinidad and Tobago’s progress to
the World Health Organisation and at
international conferences hosted for signatories
to the Convention;
(e) monitoring activities nationally to ensure
compliance with and enforcement of this Act; and
(f) considering and evaluating applications for
licences on behalf of the Minister.
(2) The Unit shall be headed by a Director appointed by
the Minister and who shall be responsible to the Permanent
Secretary of the Ministry.
(3) The Unit shall be provided with adequate staff with
the requisite qualifications and experience for the discharge of
its functions.
Unit established
in Ministry.
UNOFFICIAL VERSION
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6. (1) The Unit shall establish and carry out evidence-
based programmes to inform the public of—
(a) the dangers and addictiveness of tobacco use
and the dangers of exposure to tobacco smoke;
(b) the benefits of quitting and strategies to
quit smoking;
(c) the tobacco industry and on the health,
economic and environmental effects of tobacco
production and manufacturing;
(d) any other information it determines to be
effective in highlighting the health effects,
social and environmental costs of tobacco and
for increasing public and consumer awareness
of pertinent tobacco related issues; and
(e) alternative income earning opportunities for
small retailers.
(2) The Unit shall—
(a) make educational and cessation materials
available to municipal corporations, health care
workers and facilities, schools, the media,
non-governmental organisations and such other
entities as it deems appropriate;
(b) develop evidence-based educational
programmes and materials appropriate to the
population at large;
(c) establish evidence-based tobacco use cessation
programmes, including diagnosis, counselling
and treatment services and, as appropriate,
access to nicotine replacement therapies; and
(d) train authorised officers.
7. The Unit may request authorised officers to carry out
inspections and investigations.
8. (1) Subject to subsection (2), authorised officers shall
have the power to—
(a) examine, open, and cause to be tested any
equipment, tools, materials, packages or
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Function of
Unit.
Function of
authorised
officers.
Power of
authorised
officers.
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anything the authorised officer reasonably
believes is used or is capable of being used for
the manufacture, including packaging and
labelling, storage, distribution, advertising or
promotion of tobacco products;
(b) examine any manufacturing operation or
process carried out on the premises;
(c) examine and make copies of, or from, any
books, documents, notes, files, including
electronic files, or other records that the
authorised officer reasonably believes might
contain information relevant to determining
compliance with this Act;
(d) interview any person the authorised officer
believes may have information relevant to
making a compliance determination; and
(e) take samples of tobacco products or
components of products, and their packaging,
from any business where they are found, to
have them tested.
(2) Only authorised officers who are either customs
officers or police officers shall have the power after obtaining the
consent of the owner, manager or lessee or after obtaining a
warrant to—
(a) enter the premises of any business place where
tobacco is manufactured, sold, transported,
received, distributed, supplied, or otherwise
found or is likely to be found, or to have been
present during the previous six days, but for the
purposes of enforcing this Act, authorised
officers may enter any public place, workplace
or means of public transportation to conduct
inspections or investigations at any time during
business or operating hours or at any other
necessary time;
(b) stop, search, and detain any aircraft, ship,
vehicle or other means of transport or storage in
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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which the authorised officer reasonably
believes bulk packaging of tobacco products are
or were contained or conveyed, and examine,
open, and take samples; and
(c) seize and detain from any business or order the
storage without removal or alteration of any
tobacco product or other item the authorised
officer reasonably believes does not comply
with this Act.
(3) In acting under subsection (2)(c), the authorised
officer shall provide the person in possession of the tobacco
products or other items with a written record in respect of the
tobacco products or other items seized and detained and the
grounds for same.
(4) Where any seized and detained tobacco product or
other item is determined to have met the legal requirements, it
shall be returned to the premises from which it was seized within
thirty working days of seizure.
(5) Where any seized and detained tobacco product or
other item does not meet the legal requirements, it may be
confiscated and kept as evidence in legal proceedings.
(6) No authorised officer shall abuse his authority or his
position for personal or financial gain.
9. (1) In exercising their functions under this Act,
authorised officers shall present proof of identity.
(2) No person shall deny, obstruct or hinder an
authorised officer in the performance of his duties.
10. (1) No person shall manufacture, import, export or
distribute tobacco products at wholesale without first having
been issued a licence.
(2) Notwithstanding subsection (1), persons engaged in
the business of manufacturing, importing, exporting or
distributing tobacco products at wholesale prior to the coming
into force of this Act shall have a transitional period of nine
months to obtain a licence from the date this Act comes into force.
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Identification of
authorised
officers.
Licensing
procedure and
transitional
period.
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(3) The Minister shall serve as the licensing authority
under this Act.
(4) The application fees set out in the First Schedule shall
be paid to the Comptroller of Accounts or any other Revenue
Office and the receipt shall be submitted with the application.
(5) An application for a licence under this Act shall be
addressed to the Minister and submitted in duplicate.
(6) The application shall contain the following particulars:
(a) the name, place of business and the nature of
business of the applicant;
(b) the name and address of the manufacturer of the
tobacco product;
(c) the trade name and registration number of the
tobacco product; and
(d) any other particulars as prescribed by Regulations.
(7) A licence once granted—
(a) shall be prominently displayed at the
establishment of the holder; and
(b) is valid for a period of three years.
(8) Where an application for a licence is denied, the
applicant shall cease manufacturing, importing, exporting or
selling tobacco products immediately upon notification of same.
(9) Where a person applies for the grant of a licence
after the expiry of the transitional period referred to in
subsection (2), the applicant may continue to manufacture,
import, export or distribute tobacco products at wholesale until
notice is received by the applicant that the application is
approved or denied, as the case may be.
(10) Subject to subsection (1), no person shall—
(a) sell any tobacco product to; or
(b) purchase or acquire any tobacco product from,
any manufacturer, distributor, importer, exporter or wholesaler
who is not licensed under this Act.
First Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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11. (1) Every manufacturer and importer of tobacco
products shall submit to the Minister on an annual basis reports
containing the information required under this Act and
Regulations.
(2) Annual reports shall include information prescribed
by Regulations, including but not limited to information on—
(a) import and export;
(b) business sales, marketing and distribution;
(c) new products or brands;
(d) constituents, additives, and of toxic constituents
and additives in smoke, expressed in their
individual concentrations and as a ratio to
nicotine; and
(e) product packaging and labelling,
of all tobacco products.
(3) Reports shall be made on the basis of products
prepared and tested in accordance with the methods prescribed in
Regulations.
(4) Reports shall be submitted in the form and manner
as prescribed by Regulations.
(5) No person shall disclose any information contained
in the Report unless required by the provisions of this Act or any
other written law or by Order of the Court.
(6) A person who contravenes subsection (5) is liable on
summary conviction to a fine of five thousand dollars and to
imprisonment for three years.
PART III
PROHIBITIONS
12. (1) No person shall smoke or hold a lighted tobacco
product in any enclosed public place, enclosed workplace, or
public conveyance including but not limited to any place listed
in the Second Schedule.
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Information
required in
reports.
Non-smoking
areas.
Second
Schedule.
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(2) Where a person contravenes subsection (1), the
manager, owner or lessee of the place where the contravention
occurred who authorised or acquiesced in the act, that manager,
owner or lessee is deemed to have committed the offence and
shall also be held personally liable.
(3) A person who contravenes this section commits an
offence and is liable, on summary conviction, to a fine of ten
thousand dollars and to imprisonment for six months.
13. (1) No person shall sell any tobacco product to any
person under the age of eighteen years.
(2) No person who sell tobacco products shall hire or
use any child to sell any tobacco product.
14. No person shall sell any tobacco product in such a
way that a consumer may handle the product without the
assistance of a sales clerk or other employee or agent of the seller
prior to purchase.
15. (1) No person shall display tobacco products in such a
way that they are visible to the public, but the prohibition against
public displays of tobacco products shall not apply to individuals
incidentally or accidentally displaying tobacco products during
carrying or use.
(2) This section shall not apply to cigarette dispensers
provided by the manufacturer, except that such devices shall
not be used for the purposes of advertisement or the promotion
of tobacco products and shall meet the requirements prescribed
by Regulations.
16. (1) No person shall purchase any tobacco product
through any self-service means, including the mail, the internet
or automatic vending machines.
(2) The Minister may by Order prohibit any other
means of sale where the age of the purchaser of a tobacco
product cannot be verified at the point of sale.
Prohibition on
sales by
minors.
Prohibition on
self-service
displays.
Prohibition on
public displays.
Prohibition on
self-service
sales of tobacco
products.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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17. No person shall sell tobacco products in any of the
following places:
(a) facilities where health care services are
provided;
(b) sports, athletic or recreational facilities;
(c) government buildings;
(d) educational facilities; and
(e) any other place prescribed by Regulations.
18. (1) No person shall—
(a) import or manufacture; or
(b) sell, display for sale, distribute or supply,
any sweets, snacks, toys or other non-tobacco items or objects in
the form of tobacco products, or which imitate tobacco products.
(2) A person who contravenes subsection (1)(b)
commits an offence and is liable—
(a) on summary conviction, to a fine of ten
thousand dollars and to imprisonment for six
months; or
(b) on conviction on indictment, to a fine of one
hundred thousand dollars and to imprisonment
for one year.
19. (1) No person shall initiate, produce, publish, engage or
participate in any tobacco advertising, promotion or sponsorship.
(2) Notwithstanding subsection (1), a person may
advertise a tobacco product by information advertising or brand-
preference advertising by way of—
(a) a publication that is provided by mail and
addressed to an adult smoker who is identified
by name;
(b) a publication that has an adult readership of not
less than eighty-five per cent as determined by
a recognised survey; and
Prohibition on
sales of tobacco
products
in certain
places.
Prohibition on
toy or candy
cigarettes.
Prohibition
against tobacco
advertising.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(c) signs in a place where children are not
permitted by law.
(3) Subsection (2) does not apply to lifestyle advertising
or advertising that could be construed on reasonable grounds to
be appealing to children.
(4) In this section—
“brand preference advertising” means advertising that promotes
a tobacco product by means of its brand characteristics;
“information advertising” means advertising that provides
factual information to the consumer about—
(a) a product and its characteristics; or
(b) the availability or price of a product or brand
of product;
“lifestyle advertising” means advertising that associates a
product with, or evokes an emotion about, or image of, a
way of life such as one that includes glamour, recreation,
excitement, vitality, risk or daring.
20. No person shall offer or provide any direct or indirect
consideration for the purchase or use of a tobacco product,
including a bonus, premium, cash rebate or right to participate in
a game, lottery or contest, but nothing in this section shall
prohibit the giving of any normal trade discount or normal trade
rebate, or providing compensation for monitoring compliance
with this Act.
21. This Act prohibits tobacco sponsorships and tobacco
advertising and promotion, where the name of a sponsoring
entity is publicised.
22. (1) No person shall sell, display for sale, supply, or
advertise any non-tobacco product or service that contains either
on the product, or in any advertisement of the product, a
depiction of a tobacco product except where the person held the
intellectual property rights to that product prior to the
commencement of this Act.
Prohibition
against
incentive
promotions and
free supply of
tobacco
products.
Sponsorship.
Other forms
of promotion.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(2) For the purposes of this section, a non-tobacco
product shall include a building, facility, premises, or business
that is not a building, facility or business that manufactures
tobacco products exclusively.
PART IV
PACKAGING AND LABELLING
23. (1) No person shall sell, offer for sale, supply or import
any tobacco product that is not packaged and labelled in a manner
that complies with the requirements of this Act and Regulations.
(2) No seller shall acquire tobacco products that are not
packaged and labelled in a manner that complies with the
requirements of this Act and Regulations.
24. (1) All tobacco products shall contain, permanently
affixed on their packages, messages as prescribed by Regulations.
(2) Prescribed messages shall be attributed to the
relevant authority.
(3) No person may sell or supply any product, device, or
other item that is intended to be used, or that can be used to cover,
obscure, mask, alter, or otherwise detract from the prescribed
messages on tobacco product packages and this prohibition
includes design of the product package in such a way that parts of
the package itself or accessories can cover or obscure the messages.
25. (1) All tobacco products shall contain, permanently
affixed on their packages, a list of the constituents and additives
specified, and in a manner as prescribed by Regulations.
(2) A person who fails to comply with this section
commits an offence and is liable—
(a) on summary conviction, to a fine of one
hundred thousand dollars and to imprisonment
for six months; or
(b) on conviction on indictment, to a fine of five
hundred thousand dollars and to imprisonment
for one year.
Conformity
with packaging
and labelling
requirements.
Labelling.
Constituents
and
additives
disclosure
on tobacco
product
packages.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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26. (1) No tobacco product package or label shall contain
any information that is false, misleading, deceptive, or is likely
or intended, directly or indirectly, to create an erroneous
impression about the characteristics, health effects or other
hazards of the tobacco product or its emissions.
(2) No tobacco product package may make any claim
stating, suggesting, or implying that its use or exposure to its
smoke is not hazardous or is less hazardous than other tobacco
products or brands.
(3) This prohibition includes, but is not limited to, the
use of—
(a) words or descriptors, whether or not part of the
brand name, such as “light”, “ultra light”,
“mild”, “low tar”, “slim” or similar words or
descriptors;
(b) any graphics associated with, or likely or
intended to be associated with, such words or
descriptors; and
(c) any product package design characteristics,
associated with, or likely or intended to be
associated with, such descriptors.
27. If any tobacco product is placed in multiple layers of
packaging, all messages, constituents and additives disclosures
shall be permanently affixed to the package in which the tobacco
product ultimately is intended for consumer use, as well as to any
external packaging, including cartons.
28. (1) Tobacco product manufacturers, exporters and
importers, as applicable, shall ensure that bulk packaging
contains the tracking, tracing and tax status labelling information
required by this section.
(2) The following information shall be presented in a
visible manner, and shall be permanently affixed under the
Deceptive or
misleading
information.
Multiple
packaging.
Requirements
for name,
licence number,
etc., on
package.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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20 Chap: 30:04 Tobacco Control
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cellophane or other wrapping on all the sides of each tobacco
product package, including each carton, at the time of manufacture:
(a) name and licence number of the manufacturer,
as applicable, wholesaler, importer and exporter;
(b) unique manufacturer serial number, date of
manufacture and location;
(c) name of the country in which it was
manufactured;
(d) name of the country in which the product is
intended for sale; and
(e) any additional information as may be required
by Regulations.
29. (1) Tobacco product manufacturers shall design their
product packaging and labelling in such a way as to make them
tamper-proof, using the best available technology.
(2) Manufacturers, importers, exporters, wholesalers
and retailers shall exercise all reasonable and necessary
precautions to prevent tampering with such information while
the products are under their control or supervision.
30. The labelling information on a tobacco product to be
sold in Trinidad and Tobago shall be printed in English.
31. (1) Smoked tobacco products may be sold as individual
units provided that they are individually labelled as required.
(2) The Minister may make Regulations to provide for
a contravention of this section.
32. (1) Smokeless tobacco products shall be contained in a
package of at least twenty grams.
(2) No person shall sell any portion of a smokeless
tobacco product package, or sell any smokeless tobacco product
other than as part of a complete and intact package that meets
the minimum weight requirement.
Requirements
for
tamper-proof
packaging and
labelling.
Language of
labelling
information.
Labelling of
individual
units.
Minimum
package size
for smokeless
tobacco
products.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(3) A person who contravenes this section commits an
offence and is liable on summary conviction to a fine of twelve
thousand dollars and to imprisonment for six months.
PART V
MISCELLANEOUS
33. No person shall manufacture, import, sell or
commercially supply or distribute any tobacco product unless it
conforms with this Act and Regulations.
34. In any legal action for non-compliance with this Act or
Regulations, the following shall apply:
(a) an affidavit or certificate of analysis under oath
by an analyst who tested any tobacco product
or component which is the subject of the
proceedings, shall be admissible on its mere
production as prima facie proof of the
violations shown by the examination or analysis
of the tobacco product or component, but the
accused shall be notified in writing in advance
of the intent to produce such an affidavit or
certificate of analysis and may compel the
analyst’s presence at the hearing;
(b) copies from any record, book, or document
certified by the Ministry as true and correct
copies shall be deemed admissible into
evidence as authentic;
(c) where any tobacco product or component is
found in any premises used for the manufacture,
import, export, distribution, supply, or sale of
such products, such product or component shall
be presumed to be intended for manufacture,
import, export, packaging, distribution, or sale,
as the case may be;
Compliance
with Act.
Evidence.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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22 Chap: 30:04 Tobacco Control
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(d) any tobacco product from the same lot or batch
shall be presumed to possess the same
characteristics as those products from the same lot
or batch found on the premises or at another
location under the control of the owner or operator
of the premises, but if there is no lot or batch
number on the products as required under the Act,
any tobacco product found on the premises shall
be presumed to possess the same characteristics as
other tobacco products found on the premises or at
another location under the control of the owner or
operator of the premises; and
(e) the person identified on the label or packaging
of any tobacco product as the manufacturer,
importer, exporter, distributor or wholesaler
shall be presumed to have manufactured,
imported, distributed or sold the tobacco
product, respectively.
35. No employer shall dismiss, suspend, demote, discipline,
harass or otherwise disadvantage an employee or deny that
employee a benefit on the ground that the employee testifies
against an employer in an action brought under this Act.
36. (1) In any action for non-compliance with this Act or
Regulations, the following penalties may be imposed:
(a) suspension, revocation or limitation of licences;
(b) removal by an authorised officer of an
offending person from the premises or public
conveyance, and confiscation and forfeiture of
any tobacco products in violation of the
provisions of this Act; and
(c) confiscation and forfeiture of—
(i) any item that contains a tobacco
advertising and promotion prohibited
under this Act;
Protection for
employees.
Penalties and
liabilities.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(ii) any tobacco product packaged or labelled
in a manner that does not conform with
this Act;
(iii) all tobacco products owned by or under
the control of the person found to have
committed a violation of sections 10, 13
to 17, 20 and 31 to 33;
(iv) equipment, machinery, raw materials,
components, packaging and labelling
materials, and any other items used to
manufacture tobacco products;
(v) all tobacco products or components that
fail to conform with the product
requirements under this Act;
(vi) all tobacco products for which all
applicable taxes and duties have not been
paid or that otherwise have not legally
entered the jurisdiction; and
(vii) all non-tobacco products that fail to
conform with section 18.
(2) For any continuing violation, each day the violation
continues shall constitute a separate offence.
(3) Where any person derives any monetary or financial
benefit directly or indirectly from any act or omission that
constitutes a violation under this Act, Regulations or other
applicable law, including any imposing duties and taxes, all
proceeds so gained shall be forfeited in addition to any other
penalty imposed.
(4) Where a corporate person contravenes this Act, the
corporate director or other corporate officer who authorised or
acquiesced in the act or who knew or, using due diligence, ought
to have known that the commission or omission constituted a
contravention, that director or other corporate officer as the case
may be, is deemed to have committed the offence and shall be
held personally liable.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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37. (1) Any person who contravenes sections 13 to 17
commits an offence and is liable—
(a) on summary conviction, to a fine of—
(i) fifty thousand dollars and to
imprisonment for three months for the
first offence;
(ii) one hundred thousand dollars and to
imprisonment for six months for the
second offence; and
(iii) one hundred thousand dollars and to
imprisonment for nine months for the
third offence; or
(b) on conviction on indictment, to a fine of two
hundred thousand dollars and to imprisonment
for one year.
(2) A person who contravenes any provision of this Act
for which there is no penalty prescribed, commits an offence and
is liable—
(a) on summary conviction, to a fine of one
hundred thousand dollars and to imprisonment
for six months; or
(b) on conviction on indictment, to a fine of two
hundred thousand dollars and to imprisonment
for one year.
38. (1) The Minister may make Regulations subject to
affirmative resolution of Parliament—
(a) prescribing requirements and standards for
tobacco product constituents, including
emissions of smoked products, additives and
product design and specifying methods for
testing and measuring compliance with the
performance standards and requirements
prescribed; and
(b) generally for carrying out the purposes of this Act.
(2) The Minister may by Order, subject to affirmative
resolution of Parliament, amend the Schedules.
Penalties where
non-prescribed.
Regulations and
Orders.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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FIRST SCHEDULE
APPLICATION FOR LICENCE FEES
$
Manufacturer .................................................................... 12,000
Wholesaler .................................................................... 6,000
Distributor .................................................................... 6,000
Importer ..................................................................... 6,000
Exporter ..................................................................... 6,000
SECOND SCHEDULE
NON-SMOKING AREAS
(a) public transportation terminals
(b) workplaces
(c) retail establishments including bars, restaurants and
shopping malls
(d) clubs
(e) cinemas
(f) concert halls
(g) sports facilities
(h) pool and bingo halls
(i) publicly owned facilities rented out for events
(j) any other facilities that are accessible to the public.
Section 10(4).
Section 12.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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26 Chap: 30:04 Tobacco Control
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SUBSIDIARY LEGISLATION
TOBACCO CONTROL REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
PRELIMINARY
1. Citation.
2. Interpretation.
3. Commencement.
PART II
LABELLING
4. Labelling requirements.
PART III
HEALTH MESSAGES
5. Requirements for health messages.
6. Sets to be used to display health messages.
7. Declaration to be placed on packs and cartons.
8. Manufacturing date and batch number.
PART IV
CIGARETTE DISPENSERS
9. Cigarette dispensers.
10. Seller to display sign.
PART V
MISCELLANEOUS
11. Cartons of cigarettes.
SCHEDULE 1.
SCHEDULE 2.
SCHEDULE 3.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
TOBACCO CONTROL REGULATIONS
made under section 38(1)
PART I
PRELIMINARY
1. These Regulations may be cited as the Tobacco Control
Regulations.
2. In these Regulations—
“carton” means a box, container or package containing more than
one pack of tobacco products;
“case” means a container designed for the transportation and
storage of cartons, and which is intended for use in the
wholesale trade;
“cigarette” means any roll of tobacco that is wrapped in—
(a) paper or any other material; or
(b) any material made from tobacco or its
derivatives;
“health message” means an image set out in Schedule 1;
“pack” means a box, canister or any other container, other than a
carton, in which a tobacco product is sold;
“packaging” means any outer covering or wrapping on a pack
or carton;
“principal display surface areas” means the front and back of a
pack or carton or such other part of a pack or carton which
is intended to be conspicuous to the consumer; and
“wholesaler” means any person who buys tobacco products in bulk
and resells them to another seller and includes a distributor.
3. These Regulations shall come into effect on 10th
January 2015.
6/2014.
Citation.
Interpretation.
Commencement.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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28 Chap: 30:04 Tobacco Control
PART II
LABELLING
4. (1) The following information shall be displayed on
the principal display surface areas of a pack or carton
intended for sale in Trinidad and Tobago:
(a) the type of tobacco product;
(b) the net contents or the number of units per pack
or carton;
(c) the health messages required in accordance
with Part III;
(d) the name and address of the manufacturer; and
(e) the declaration required in accordance with
regulation 7 and Schedule 3.
(2) All health messages shall be printed on the pack or
carton, and not on the packaging.
PART III
HEALTH MESSAGES
5. (1) The health messages shall be located on the lower
half of the front and back panels of each pack and in such a
way that the health message will not be damaged when the
pack is opened.
(2) On conical shaped packs, the health messages shall
cover half of the surface area, in a rectangular format and shall
read vertically rising from the bottom or at the wider end up to
two-thirds the height of the pack and such that the “front of
pack” and “back of pack” parts of the health messages are placed
equally opposite each other.
(3) On packs of other shapes, the health messages shall
cover half of the principal display surface area, front and back in
a rectangular format.
(4) The health messages shall be—
(a) printed on the pack in a framed area, with
the thickness of the frame being not more
than 0.5 mm;
Labelling
requirements.
Schedule 3.
Requirements
for health
messages.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tobacco Control Chap: 30:04 29
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L.R.O.
(b) reproduced from electronic images obtained
from the electronic files approved and managed
by the Unit used to generate the health
messages in Schedule 1; and
(c) depicted, for differently shaped packs, in
accordance with the instructions received with
the electronic files.
(5) No statement relating to smoking or health, other
than that prescribed in Schedule 3, shall be included in or on any
pack or carton.
(6) Where a cigarette is intended to be sold
individually, each cigarette shall be wrapped and the message
“SMOKING IS DANGEROUS” shall be displayed
conspicuously on the wrapper.
6. (1) The health messages shall be divided into two
distinct sets and each set shall comprise twelve distinct health
messages, as outlined at Schedule 1 as Set A and Set B, and the
sets shall be rotated in accordance with Schedule 2.
(2) The twelve health messages from a set in Schedule 1
shall be evenly distributed within every case.
7. The declaration in Schedule 3 shall—
(a) appear in a framed area—
(i) on the side panel, on rectangular packs;
(ii) on the portion of the side panel lower
than the flip-top opening, on flip-top
packs;
(iii) adjacent to the health messages on packs,
for other shapes; and
(iv) on any side, for cartons, with the declaration
area being at least 3 cm by 9 cm;
(b) be printed—
(i) on each pack or carton of tobacco
products;
Schedule 1.
Schedule 3.
Sets to be used
to display
health
messages.
Schedule 1.
Schedule 2.
Declaration to
be placed on
packs and
cartons.
Schedule 3.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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30 Chap: 30:04 Tobacco Control
(ii) in Avant Garde font, Medium BT, upper
and lower case type or in an equivalent
type with letters being 2 mm high; and
(iii) in black on a yellow or white
background.
8. The manufacturing date and batch number shall be
indicated on each pack or carton.
PART IV
CIGARETTE DISPENSERS
9. (1) The display surface area of a cigarette dispenser
shall not exceed 1 cubic metre.
(2) A cigarette dispenser shall be white or grey and shall
be made of material that is opaque.
(3) A cigarette dispenser shall—
(a) not bear any trade marks, company logos or
other identifying marks of tobacco products;
and
(b) depict the health messages as set out in
Schedule 1 and rotate them in accordance with
Schedule 2.
(4) No more than one cigarette dispenser shall be
provided per outlet.
10. (1) A seller shall cause to be conspicuously displayed at
all times, in a prominent place in that part of the premises where
tobacco products are offered for sale, a sign in bold upper case
letters, that reads as follows:
“THE SALE OF TOBACCO PRODUCTS TO PERSONS
UNDER THE AGE OF EIGHTEEN YEARS IS
PROHIBITED”
(2) A person who fails to comply with subsection (1)
commits an offence and is liable on summary conviction to a fine
of five hundred dollars.
Manufacturing
date and batch
number.
Cigarette
dispensers.
Schedule 1.
Schedule 2.
Seller to
display sign.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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L.R.O.
PART V
MISCELLANEOUS
11. The requirements of Part III apply to cartons except that
each carton shall depict any three health messages from
Schedule 1 on all six sides, with each of the three health
messages appearing on opposite sides of each other.
SCHEDULE 1
HEALTH MESSAGES
SET A
Cartons of
cigarettes.
Schedule 1.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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32 Chap: 30:04 Tobacco Control
SCHEDULE 1—Continued
SET A—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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L.R.O. UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tobacco Control Regulations[Subsidiary]
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34 Chap: 30:04 Tobacco Control
SET B
SCHEDULE 1—Continued
SET A—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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L.R.O. UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tobacco Control Regulations[Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
36 Chap: 30:04 Tobacco Control
SCHEDULE 1—Continued
SET B—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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L.R.O. UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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38 Chap: 30:04 Tobacco Control
SCHEDULE 2
SCHEDULE OF ROTATION OF HEALTH MESSAGES
SCHEDULE 3
DECLARATION
“Smoke from this product contains extremely addictive nicotine and toxic
substances such as tar and carbon monoxide. No safe level of consumption
exists for this product”.
Month
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
