Tobacco Control Act No. 15 of 2009

THE TOBACCO CONTROL ACT, 2009 Arrangement of Sections Section PART I PRELIMINARY 1. Short title 2. Commencement 3. Act inconsistent with Constitution 4. Interpretation 5. Unit established in Ministry PART II ADMINISTRATIVE 6. Function of Unit 7. Function of authorized officers 8. Power of authorized officers 9. Identification of authorized officers 10. Licensing procedure and transitional period 11. Information required in reports PART III PROHIBITIONS 12. No 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 the free supply of tobacco products 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. Minimum package size for smoked tobacco products 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 ii 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 Wednesday 23rd December, 2009] Second Session Ninth Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No. 15 of 2009 [L.S.] 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 Organization Framework Convention on Tobacco Control, the following measures are under taken 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 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 Preamble 2 No. 15 Tobacco Control 2009 the provisions of this Act shall have effect though inconsistent with sections 4 and 5 of the Constitution: ENACTED by the Parliament of Trinidad and Tobago as follows: PART I PRELIMINARY 1. This Act may be cited as the Tobacco Control Act, 2009. 2. This Act shall come into effect on such date as is fixed by the President by Proclamation. 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, manu facturing, or packaging, including, as applicable, those contained in the paper, filter, portion pouch, or similar part of the tobacco product, its package or accessories; “authorized 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 grams of other tobacco products; “child” means an individual under the age of eighteen years; Commencement Enactment Short title Act inconsistent with Constitution Interpretation No. 15 Tobacco Control 2009 3 “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 manufac tures, fabricates, produces, processes, packages or labels tobacco products; “message” means a warning or other informa tion 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; 4 No. 15 Tobacco Control 2009 “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, organization, agency, association or institution; “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 manufac turer, 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; No. 15 Tobacco Control 2009 5 “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, organization, 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; “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. 6 No. 15 Tobacco Control 2009 PART II ADMINISTRATIVE 5. (1) The Minister shall establish a Unit within the Ministry which shall be responsible for— (a) developing and implementing, in collabora tion 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 Organization 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. 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; Function of Unit Unit established in Ministry No. 15 Tobacco Control 2009 7 (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 organizations 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 cessa tion programmes, including diagnosis, counselling and treatment services and, as appropriate, access to nicotine replacement therapies; and (d) train authorized officers. 7. The Unit may request authorized officers to carry out inspections and investigations. 8. (1) Subject to subsection (2), authorized officers shall have the power to— (a) examine, open, and cause to be tested any equipment, tools, materials, packages or anything the authorized officer reasonably believes is used or is capable of being used Power of authorized officers Function of authorized officers 8 No. 15 Tobacco Control 2009 for the manufacture, including packaging and labelling, storage, distribution, adver tising 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 authorized officer reasonably believes might contain information relevant to determining compliance with this Act; (d) interview any person the authorized 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 authorized 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, trans ported, 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, authorized 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 which the authorized officer reasonably believes bulk packaging of No. 15 Tobacco Control 2009 9 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 authorized officer reasonably believes does not comply with this Act. (3) In acting under subsection (2)(c), the authorized 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 require ments, it may be confiscated and kept as evidence in legal proceedings. (6) No authorized officer shall abuse his authority or his position for personal or financial gain. 9. (1) In exercising their functions under this Act, authorized officers shall present proof of identity. (2) No person shall deny, obstruct or hinder an authorized 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. Identification of authorized officers Licensing procedure and transitional period 10 No. 15 Tobacco Control 2009 (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. First Schedule No. 15 Tobacco Control 2009 11 (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. 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 pre scribed 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 con tained 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 imprisonment for three years. Information required in reports 12 No. 15 Tobacco Control 2009 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. (2) Where a person contravenes subsection (1), the manager, owner or lessee of the place where the contravention occurred who authorized 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. Prohibition on sales by minors Prohibition on self service displays Prohibition on public displays No smoking areas Second Schedule No. 15 Tobacco Control 2009 13 (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. 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 Prohibition on sales of tobacco products in certain places Prohibition on toy or candy cigarettes Prohibition on self service sales of tobacco products 14 No. 15 Tobacco Control 2009 (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 recognized survey; and (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. Prohibition against tobacco advertising No. 15 Tobacco Control 2009 15 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 publicized. 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. (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 require ments 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. Other forms of promotion Conformity with packaging and labelling requirements Labelling Prohibition against incentive promotions and free supply of tobacco products Sponsorship 16 No. 15 Tobacco Control 2009 (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 imprison ment for six months; or (b) on conviction on indictment, to a fine of five hundred thousand dollars and to imprisonment for one year. 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. Constituents and additives disclosure on tobacco product packages Deceptive or misleading information No. 15 Tobacco Control 2009 17 (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 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 manufac turer, 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 manu factured; (d) name of the country in which the product is intended for sale; and Multiple packaging Requirements for name, licence number, etc., on package 18 No. 15 Tobacco Control 2009 (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, whole salers 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. (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. Labelling of individual units Minimum package size for smokeless tobacco products Language of labelling information Requirements for tamper-proof packaging and labelling No. 15 Tobacco Control 2009 19 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 manu facture, 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; (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 Evidence Compliance with Act 20 No. 15 Tobacco Control 2009 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 authorized officer of an offending person from the premises or public conveyance, and confiscation and for feiture 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 advert is ing and promot ion prohibited under this Act; Protection for employees Penalties and liabilities No. 15 Tobacco Control 2009 21 (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 viola tion of sections 10, 13 to 17, 20 and 31 to 33; (iv) equipment, machinery, raw mate rials, components, packaging and labelling materials, and any other items used to manufacture tobacco products; (v) all tobacco products or compo nents 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 other wise 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. 22 No. 15 Tobacco Control 2009 (4) Where a corporate person contravenes this Act, the corporate director or other corporate officer who authorized 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. 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 imprison ment for six months; or (b) on conviction on indictment, to a fine of two hundred thousand dollars and to imprison ment for one year. Penalities where non-prescribed No. 15 Tobacco Control 2009 23 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. FIRST SCHEDULE [Section 10(4)] APPLICATION FOR LICENCE FEES $ Manufacturer …………………………………….. 12,000 Wholesaler ......……………………………………... 6,000 Distributor ......…………………………………….. 6,000 Importer ..........…………………………………….. 6,000 Exporter .......………………………………………. 6,000 SECOND SCHEDULE (Section 12) NO SMOKING AREAS (a) public transportation terminals (b) workplaces Regulations and orders 24 No. 15 Tobacco Control 2009 (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. Passed in the Senate this 18th day of November, 2009. Acting Clerk of the Senate IT IS HEREBY CERTIFIED that this Act is one the Bill for which has been passed by the Senate and at the final vote thereon in the Senate has been supported by the votes of not less than three-fifths of all the members of the Senate, that is to say by the votes of 22 Senators. Acting Clerk of the Senate No. 15 Tobacco Control 2009 25 Passed in the House of Representatives this 4th day of December, 2009. Acting Clerk of the House IT IS HEREBY CERTIFIED that this Act is one the Bill for which has been passed by the House of Representatives and at the final vote thereon in the House has been supported by the votes of not less than three-fifths of all the members of the House, that is to say by the votes of 26 members of the House. Acting Clerk of the House 26 No. 15 Tobacco Control 2009