Restriction on
Smoking (Advertising, Promotion and Display) (Jersey)
Regulations 2013
Made 30th April 2013
Coming into force 30th
October 2014
THE STATES, in pursuance of Articles 1, 1C and 2 of the Restriction on Smoking
(Jersey) Law 1973[1], have made the following
Regulations –
part 1
general
1 Interpretation
In these Regulations, unless the context otherwise requires –
“distribute”
includes, in relation to a tobacco advertisement, any of the following whether
or not in electronic form –
(a) transmit
a tobacco advertisement;
(b) participate
in its transmission;
(c) provide
the means of its transmission;
“EEA state” means
any of the following –
(a) a
member State of the European Union;
(b) any
other state that is a party to the agreement on the European Economic Area
signed at Oporto on 2nd May 1992, together with the Protocol
adjusting that Agreement signed at Brussels on 17th March 1993;
“group”, in relation
to a company, means that company, any other company that is its holding body or
subsidiary and any other company that is a subsidiary of the holding body;
“holding body” has
the meaning given by Article 2 of the Companies (Jersey) Law 1991[2];
“information society service”
means any service provided at the individual request of a recipient of the
service, normally for remuneration, at a distance, by means of electronic
equipment for the processing (including digital compression) and storage of
data;
“Law” means the
Restriction on Smoking (Jersey) Law 1973[3];
“non-tobacco product” means any product other than a
tobacco product;
“original package”
means the package in which cigarettes or hand-rolling tobacco were supplied for
the purpose of retail sale by the manufacturer or importer;
“package” means any
box, carton or other container;
“premises” –
(a) includes
any place, including any vehicle, vessel, stall or moveable structure; and
(b) in
relation to a specialist tobacconist in a self-contained part of a shop, means
that self contained part;
“public place” means
any place to which members of the public have access or are invited to for any
purpose whether on payment of a charge or otherwise and includes any shop,
cinema, theatre, catering establishment, sports facility or public service
vehicle used by members of the public;
“recipient of the service”
means any person who uses an information society service for any purpose
including seeking information or making it accessible;
“service provider”
means a person providing an information society service;
“shop” means any
premises where there is carried on a trade or business consisting wholly or
mainly of the sale of goods;
“storage unit” means
a gantry, cabinet, shelf or other product in which tobacco is held pending
sale;
“subsidiary”, in
relation to a company, has the meaning given by Article 2 of the Companies
(Jersey) Law 1991[4];
“tobacco” includes a
“tobacco product” and vice versa;
“tobacco” and
“tobacco product” each include any particular brand of tobacco;
“tobacco advertisement”
means an advertisement –
(a) the
purpose of which is to promote a tobacco product; or
(b) the
effect of which is to do so.
2 Meaning
of “specialist tobacconist” and “bulk tobacconist”
(1) In
these Regulations –
(a) “specialist tobacconist” means a
shop selling tobacco products by retail in respect of which more than half of
the sales conducted in the shop or in a self-contained part of the shop derive
from the sale of cigars, snuff, pipe tobacco and smoking accessories;
(b) “bulk
tobacconist” means a shop selling tobacco products (whether or not
it sells other products) whose sales of cigarettes or hand-rolling tobacco,
measured in accordance with paragraph (2), comply with the following
conditions –
(i) at least 90% of its cigarette sales
are in pre-packed quantities of 200 or more cigarettes in their original
package, and the remainder are in pre-packed quantities of 100 or more in their
original package, and
(ii) at least 90% of its hand-rolling
tobacco sales are in pre-packed quantities with a weight of 250 grams or
more in their original package, and the remainder are in pre-packed quantities
with a weight of 125 grams or more in their original package.
(2) The sales referred to in the definitions in paragraph (1)
are to be measured by sale price –
(a) during the most recent period of 12 months
for which accounts are available; or
(b) during the period for which the shop has
been established, if it has not been established long enough for 12 months’
accounts to be available.
3 Definition
in the Restriction on Smoking (Jersey) Law 1973 amended
In Article A1 of the Law –
(a) for
the definition “brandsharing” there shall be substituted the
following definition –
“ ‘brandsharing’
means the use by a person in the course of that person’s business –
(a) of any feature in connection with any
service or product unrelated to tobacco, such feature being the same as any
feature that is connected with tobacco or is so similar as to be likely to be
mistaken for that feature; or
(b) of any feature in connection with tobacco,
such feature being the same as any feature that is connected with any service
or product unrelated to tobacco or is so similar as to be likely to be mistaken
for that feature;”;
(b) after
the definition “employee” there shall be inserted the following
definition –
“ ‘feature’
means a name, emblem, logo, trademark, symbol, motto, type-face, colour or
pattern of colour, picture, artwork, imagery, appearance or other message,
whether alone or in combination;”.
4 Advertisements
and brandsharing to which these Regulations apply
(1) For
the purposes of these Regulations, a tobacco advertisement or brandsharing may
be contained in any form of communication –
(a) whether
using printed or written words, designs, still or moving pictures or images or
any other devices; and
(b) whether
the medium of communication is tangible by way of image projection or sound
reproduction, computer communication, radio, television or similar broadcast or
otherwise.
(2) Parts 2
and 3 of these Regulations do not apply to the extent that the brand name of a
tobacco product is used in connection with a sporting or cultural event that
takes place in Jersey, or in the Bailiwick of Guernsey, involving one or more
persons representing Jersey or persons resident in Jersey, and –
(a) such
event, being well established prior to the making of these Regulations is
reasonably regarded as being traditional to Jersey or is an event in which persons
representing Jersey or resident in Jersey traditionally take part; and
(b) the
use of the brand name can reasonably be regarded as being traditionally
associated with the event prior to the making of these Regulations.
(3) For
the purposes of paragraph (2), “in connection with a sporting or
cultural event” refers to any connection with such an event including,
without prejudice to the generality of the foregoing, the name of a sporting or
cultural event or an award or trophy presented in the course of the event.
PART 2
advertising
5 Prohibition
on publication or display of tobacco advertisement
(1) Subject
to these Regulations, a person shall not, in the course of that person’s
business, publish a tobacco advertisement or cause one to be published in
Jersey.
(2) Subject
to these Regulations, a person shall not, in the course of that person’s
business do any of the following in Jersey –
(a) print,
devise or distribute a tobacco advertisement;
(b) cause
a tobacco advertisement to be printed, devised or distributed.
(3) Subject
to these Regulations, a person shall not display a tobacco advertisement in a
public place.
(4) For
the purposes of these Regulations –
(a) “tobacco
advertisement” includes a tobacco advertisement contained in any
publication that is sold or otherwise made available to members of the public
in Jersey; and
(b) distribution
of a tobacco advertisement includes making a publication containing that
advertisement available to members of the public whether through sale or
otherwise.
(5) Paragraphs (1)
and (3) shall not apply to a tobacco advertisement that is contained in a
publication (other than an in-flight magazine) which is printed in a country or
territory other than Jersey and which is not an EEA State if it is not
primarily addressed to members of the public in Jersey or in one or more of the
EEA States (or in any part of such a State).
(6) A
person who contravenes this Regulation shall be guilty of an offence and liable
to a fine.
(7) A
person does not contravene paragraph (1) if the person did not know and
had no reason to suspect that the publication contained a tobacco advertisement.
(8) A
person does not contravene paragraph (2) to the extent that the paragraph
relates to distributing or causing the distribution of a tobacco advertisement
if –
(a) the
person did not know and had no reason to suspect that what he or she
distributed or caused to be distributed was, or contained, a tobacco
advertisement;
(b) having
become aware that what he or she was distributing or causing to be distributed
contained a tobacco advertisement, it was not reasonably practicable for the
person to prevent its further distribution; or
(c) that
person did not carry on business in Jersey at the time of the distribution or
causing the distribution, as the case may be.
(9) A
person does not contravene paragraph (1) or (2) if the person did not know
and had no reason to suspect that the advertisement would be published,
printed, devised or distributed in Jersey.
(10) A person
does not contravene this Regulation in relation to a tobacco advertisement, if –
(a) the
person did not know and had no reason to suspect that the purpose of the
advertisement was to promote either or both of the following –
(i) the habit of
smoking,
(ii) tobacco;
(b) in
relation to a tobacco advertisement whose effect is to promote any of the
things described sub-paragraph (a)(i) and (ii), the person could not
reasonably have foreseen that effect.
6 Specialist
tobacconists
(1) A
person who publishes, or causes to be published, a tobacco advertisement that
complies with this Regulation does not contravene Regulation 5 in respect
of that advertisement.
(2) The
advertisement –
(a) is
in a specialist tobacconist;
(b) is
not for –
(i) cigarettes, or
(ii) hand-rolling
tobacco; and
(c) complies
with the requirements specified in the following paragraphs.
(3) Those
requirements are –
(a) the
advertisement is not visible from outside of the premises of the specialist
tobacconist; and
(b) the
advertisement includes an area (the “information area”) in which are
displayed –
(i) a health warning
as specified in paragraph (4), and
(ii) the following
information (“health information”) –
“Jersey Smokers Quitline: 0800 735 1155”.
(4) The
health warning must state –
(a) in
a case where half or more of the area of a tobacco advertisement other than the
information area (“the advertisement area”) is used to advertise
tobacco products which are intended to be smoked –
“Smoking kills” or
“Smoking seriously harms you and others round you”; and
(b) in
any other case –
“Tobacco products can damage your health and are
addictive”.
(5) The
information area referred to in paragraph (3) must be –
(a) in
a case where the total area of the advertisement exceeds 75 square
centimetres, at least 22.5 square centimetres; and
(b) in
any other case, not less than 30% of the total area of the advertisement.
(6) For
the purposes of paragraph (5), the total area of the advertisement means
the advertisement area and the information area.
(7) The
health warning and health information which are required to be displayed under paragraph (3)(b)
must be –
(a) indelible;
(b) legible;
(c) printed
in black Helvetica bold type on a white background;
(d) in
a font size consistent throughout the text which ensures that the text occupies
the greatest possible proportion of the information area;
(e) in
upper case and lower case type as used in the health information in paragraph (3)(b)(ii)
or, as the case may be, in the relevant health warning referred to in paragraph (4);
(f) centred
in the area in which the text is required to be printed;
(g) displayed
parallel to the floor;
(h) surrounded
by a black border outside the information area, such border being not less than
3 millimetres and not more than 4 millimetres in width and not
interfering with the text of the health warning or health information; and
(i) irremovably
printed on the advertisement or affixed to the advertisement by means of an
irremovable sticker.
7 Exclusions
for tobacco trade
(1) A
person does not contravene Regulation 5 in respect of a tobacco
advertisement that is, or is contained in, a communication made in the course
of a business which is part of the tobacco trade for the purposes of that trade
and directed solely at persons who –
(a) are
engaged in, or employed by, a business that is also part of that trade; and
(b) are
persons to whom paragraph (2) applies,
when carrying on their functions for the purposes of that trade.
(2) This
paragraph applies to a person who –
(a) is
responsible for making decisions on behalf of the business referred to in paragraph (1)(a)
about the purchase of tobacco that is to be sold in the course of that
business;
(b) occupies
a position in the management structure of the business referred to in paragraph (1)(a)
which is equivalent in seniority to, or of greater seniority than, the position
of any person responsible for making decisions described in sub-paragraph (a);
or
(c) is
the person responsible for the conduct of the business in question or is a
member of the board of directors or other body of persons (however described)
which is so responsible.
(3) An
invoice, letterhead, price list or other document that is ordinarily used in
the course of a business which is part of the tobacco trade is not a tobacco
advertisement for the purpose of these Regulations if its primary purpose is to
identify the business and not to advertise, publicize or promote the habit of
smoking or tobacco.
8 Exclusion
for communications for particular requests
(1) A
person does not contravene Regulation 5 in respect of a tobacco
advertisement which is, or is contained in, a communication made in reply to a
particular request by an individual for information about a tobacco product.
(2) Paragraph (1)
applies to a communication made by means of an information society service only
if the request was made –
(a) by
means of an information society service which does not advertise any tobacco product
to persons –
(i) who have not made
any such request, or
(ii) who have not
initiated a process by which a tobacco product may be purchased by means of
that service; or
(b) without
using an information society service.
(3) The
supply of information to an individual is not a tobacco advertisement for the
purpose of these Regulations if –
(a) an
information society service provides a means by which tobacco products may be
purchased which includes the provision of information about such products; and
(b) the
information becomes available to the individual only after the individual has
initiated the process of making a purchase.
9 Exclusion
for information society service conduits
(1) These
Regulations do not apply to a service provider in respect of anything done in
the course of providing so much of an information society service as consists
in –
(a) the
provision of access to a communication network; or
(b) the
transmission in a communication network of information provided by a recipient
of the service,
if the transmission condition is satisfied.
(2) The
transmission condition is that the service provider does not –
(a) initiate
the transmission;
(b) select
the recipient of the transmission; or
(c) select
or modify the information contained in the transmission.
(3) Paragraph (1)(b)
does not apply if the information is information to which Regulation 10
applies.
(4) For
the purposes of paragraphs (1) and (2), the provision of access to a
communication network and the transmission of information in the network
includes automatic, intermediate and transient storage of information for the
purpose of carrying out the transmission in the network.
(5) Paragraph (4)
does not apply if the information is stored for longer than is reasonably
necessary for the transmission.
10 Exclusion
for information society service caching
(1) These
Regulations do not apply to a service provider in respect of anything done in
the course of providing so much of an information society service as consists
in the transmission in a communication network of information to which paragraph (2)
applies if –
(a) the
service provider does not modify the information;
(b) the
service provider complies with any conditions attached to having access to the
information; and
(c) in
a case to which paragraph (3) applies, the service provider expeditiously
removes the information or disables access to it.
(2) This
paragraph applies to information which –
(a) is
provided by a recipient of an information society service; and
(b) is
the subject of automatic, intermediate and temporary storage which is solely
for the purpose of making the onward transmission of the information to other
recipients of the service at their request more efficient.
(3) This
paragraph applies if the service provider obtains actual knowledge that –
(a) the
information at the initial source of the transmission has been removed from the
network; or
(b) access
to it has been disabled.
11 Exclusion
for information society hosting
These Regulations do not apply to a service provider in respect of
anything done in the course of providing so much of an information society
service as consists in the storage of information provided by a recipient of
the service if –
(a) the
service provider did not know when the information was provided that it
contained a tobacco advertisement; or
(b) upon
obtaining actual knowledge that the information contained a tobacco
advertisement, the service provider expeditiously removed the information or
disabled access to it.
12 Television
and radio broadcasting
(1) These
Regulations do not apply in relation to anything included in a service to which
paragraph (2), (3) or (4) applies.
(2) This
paragraph applies to –
(a) a
service falling within section 211(1) of the Communications Act 2003 of
the United Kingdom as extended to Jersey by the Communications (Jersey) Order 2003[5] such service not being an
additional television service (within the meaning of Part 3 of that Act);
and
(b) an
additional television service comprised in the public teletext service (within
the meaning of that Part).
(3) This
paragraph applies to a service which falls within section 245(1) of the
Communications Act 2003 of the United Kingdom as extended to Jersey by the
Communications (Jersey) Order 2003[6], not being a digital
additional sound service (within the meaning of Part 3 of that Act).
(4) This
paragraph applies to a service provided by the British Broadcasting
Corporation.
13 Prohibition
on free distribution
(1) A
person shall not give, or cause or permit another person to give, a product (whether
or not a tobacco product) or coupon away to a member of the public in Jersey in
the course of that first person’s business if the purpose or effect of
giving that item is to promote either or both of the following –
(a) the
habit of smoking; or
(b) a
tobacco product.
(2) For
the purposes of paragraph (1), “coupon” means a document or
other thing which (whether by itself or not) can be redeemed for a product or
service or for cash or for any other benefit.
(3) Paragraph (1)
shall not apply where –
(a) the
business referred to in that paragraph is part of the tobacco trade;
(b) the
product or coupon is given away for the purposes of that trade;
(c) each
person to whom the product or coupon is given –
(i) is engaged in or
employed by a business which is also part of the tobacco trade, and
(ii) is a person to
whom paragraph (4) applies; and
(d) the
product or coupon is given to each such person in his or her capacity as such a
person.
(4) This
paragraph applies to a person if –
(a) he
or she is responsible for making decisions on behalf of the business described
in paragraph (3)(c)(i) about the purchase of tobacco that is to be sold in
the course of that business;
(b) occupies
a position in the management structure of the business referred to in paragraph (3)(c)(i)
which is equivalent in seniority to, or of greater seniority than, the position
of any person responsible for making decisions described in sub-paragraph (a);
or
(c) is
the person responsible for the conduct of the business in question or is a
member of the board of directors or other body of persons (however described)
which is so responsible.
(5) A
person who contravenes this Regulation shall be guilty of an offence and liable
to a fine.
(6) A
person does not contravene this Regulation if –
(a) that
person did not know and had no reason to suspect that the purpose of giving away
the product or coupon was to promote any of the things mentioned in sub-paragraph (a)
or (b) of paragraph (1); or
(b) that
person could not reasonably have foreseen that the effect of giving away the
product or coupon was to promote any of the things mentioned in sub-paragraph (a)
or (b) of paragraph (1).
14 Prohibition
on sponsorship.
(1) A
person who is a party to a sponsorship agreement shall not do anything under
that agreement if the purpose or effect of anything done as a result of the
agreement is to promote in Jersey either or both of the following –
(a) the
habit of smoking; or
(b) a
tobacco product.
(2) For
the purposes of this Article, a sponsorship agreement is an agreement under
which, in the course of a business, a party to it makes a contribution towards
something, whether the contribution is in money or takes any other form (for
example, the provision of services or of contributions in kind).
(3) A
person who contravenes paragraph (1) shall be guilty of an offence and
liable to a fine.
(4) A
person does not contravene paragraph (1) if –
(a) that
person did not know and had no reason to suspect that the purpose of what was
done as a result of the agreement was to promote anything mentioned in sub-paragraph (a)
or (b) of paragraph (1);
(b) that
person could not reasonably have foreseen that the effect of what was done as a
result of the agreement was to promote anything mentioned in sub-paragraph (a)
or (b) of paragraph (1); or
(c) that
person did not know and had no reason to suspect that the contribution under
the agreement was made in the course of a business.
part 3
brandsharing
15 Prohibition
on brandsharing
(1) A
person is prohibited from brandsharing in the course of a business where the
purpose or effect of that brandsharing is to promote either or both of the
following in Jersey –
(a) the
habit of smoking; or
(b) a
tobacco product.
(2) A
person who contravenes paragraph (1) shall be guilty of an offence and
liable to a fine.
16 Exceptions
(1) A
person does not contravene Regulation 15(1) if it was not the purpose of
the person to use brandsharing to promote anything mentioned in sub-paragraph (a)
or (b) of paragraph (1) of Regulation 15 and any of paragraphs (2)
to (4) apply.
(2) The
person could not reasonably have foreseen that the effect of the brandsharing
would be anything mentioned in sub-paragraph (a) or (b) of paragraph (1)
of Regulation 15.
(3) The
person –
(a) is
not employed or commissioned by –
(i) a tobacco
producer or promoter,
(ii) a company in the
same group of companies as a tobacco producer or promoter, or
(iii) a company which has a
common holding body with a tobacco producer or promoter; and
(b) does
not use the feature involved in the brandsharing under any agreement or licence
to which at least one party is a tobacco producer or promoter.
(4) The
use of the feature involved in brandsharing does not make it appear that the
same person, firm or company is responsible for the branding of both the
tobacco and the service or product unrelated to tobacco (whether that is in
fact so or not).
(5) A
person who does not contravene Regulation 15 in the circumstances
described in paragraph (1) does not contravene Regulation 5, 13 or 14
in respect of the use of the feature or features involved in the brandsharing.
part 4
display
17 Prohibition
of display of tobacco
(1) A
person shall not, in the course of a business, display or cause the display of
tobacco products in any premises where such items are sold or offered for sale.
(2) A
person who contravenes paragraph (1) shall be guilty of an offence and
liable to a fine.
18 Exemptions
for the tobacco trade, specialist tobacconists and bulk tobacconists
No offence is committed under Regulation 17 if –
(a) the
display is in premises –
(i) which
are accessible only to persons who are engaged in, or employed by, a business
which is part of the tobacco trade, and
(ii) from
which the prices of tobacco products are not visible from outside of the
premises;
(b) the
display –
(i) is
in the course of a business which is part of the tobacco trade,
(ii) is
for the purposes of that trade, and
(iii) is
accessible only to persons who are engaged in, or employed by, a business which
is also part of that trade;
(c) the
display –
(i) is
in the premises of a specialist tobacconist, and
(ii) is
not visible from the outside of those premises; or
(d) the
display is in a bulk tobacconist and the following conditions are satisfied –
(i) the
display –
(A) is in a part of the shop (the
“tobacco area”) containing tobacco products and smoking accessories
only, and
(B) is not visible from
outside of the tobacco area,
(iii) a
notice is exhibited at the entrance to the tobacco area, such notice complying
with the following conditions –
(A) it exhibits the statement
“It is illegal to sell tobacco products to anyone under the age of 18”,
(B) each character in the
statement is not less than 36 millimetres high,
(C) it does not contain any
other statement, and
(D) it is not less than 297 millimetres
by 420 millimetres, and
(iv) the
shop is designed so that customers who wish to buy products other than tobacco
products or smoking accessories are not required or encouraged to pass through
the tobacco area.
19 Exemptions
and defence for requested displays
(1) In
this Regulation “requested display”
means a display to an individual following a particular request by the
individual to purchase a tobacco product or for information about a tobacco
product or for information about the particular tobacco products sold by a
person.
(2) No
offence is committed under Regulation 17 if –
(a) the
display is a requested display to an individual (“A”) aged 18
or over;
(b) the
display is of tobacco products in a storage unit to individuals other than A,
where –
(i) the display –
(A) is solely
as a consequence of a requested display, and
(B) lasts
for no longer than is necessary to remove from the storage unit the tobacco
product which A asked to purchase or for information about, and
(ii) the area of the
storage unit displayed does not exceed 1.5 square metres; or
(c) the
display is of tobacco products other than in a storage unit to individuals
other than A where the display –
(i) is solely as a consequence
of the requested display, and
(ii) lasts for no longer
than the requested display.
(3) Where
a person (“D”) is charged with an offence under Regulation 17 by
reason of D having displayed the tobacco product in a case where the display is
a requested display to an individual aged under 18 it is a defence that –
(a) D
believed that the individual was aged 18 or over; and
(b) either –
(i) D had taken all
reasonable steps to establish the individual’s age, or
(ii) from the
individual’s appearance nobody could have reasonably suspected that the
individual was aged under 18.
(4) For
the purposes of paragraph (3), a person is treated as having taken all
reasonable steps to establish an individual’s age if –
(a) the
person asked the individual for evidence of the individual’s age; and
(b) the
evidence would have convinced a reasonable person.
(5) Where
D is charged with an offence under Regulation 17 by reason of D having
caused the display of a tobacco product in a case where the display is a
requested display to an individual aged under 18, it is a defence that D
exercised all due diligence to avoid committing the offence.
20 Exemptions
for incidental activities
(1) No
offence is committed under Regulation 17 by reason of a display of tobacco
products in a storage unit if that display complies with the requirements of paragraph (2).
(2) Those
requirements are that –
(a) the
display –
(i) occurs in the
course of an activity listed in paragraph (3) being actively carried out
in the ordinary course of business in relation to tobacco products,
(ii) is solely as a
consequence of the activity being carried out, and
(iii) lasts for no longer
than is necessary in order to allow that activity to be carried out; and
(b) the
area of the storage unit displayed does not exceed 1.5 square metres.
(3) The
activities referred to in paragraph (2)(a)(i) are –
(a) assessing
stock levels for the purposes of stock control;
(b) restocking;
(c) staff
training;
(d) cleaning
of the storage unit;
(e) maintenance
of the storage unit;
(f) refurbishment
of the storage unit.
(4) No
offence is committed under Regulation 17 by reason of a display of tobacco
products outside a storage unit during restocking if –
(a) the
tobacco products are displayed only in the course of being placed in the
storage unit; and
(b) the
display lasts for no longer than is necessary to place the products in the
storage unit.
21 Exemption
for enforcement officers
No offence is committed under Regulation 17 if the display is
requested by any of the following acting in the course of his or her duty –
(a) an
authorized officer;
(b) a police
officer;
(c) an
officer within the meaning of the Customs and Excise (Jersey) Law 1999[7].
part 5
display of prices
22 Display
of prices
(1) A
display of prices for tobacco products shall –
(a) in
all cases, comply with the requirements specified in Regulation 23; and
(b) comply
with the requirements specified in –
(i) Regulation 24,
in relation to a price list on general display (if any),
(ii) Regulation 25,
in relation to any prices displayed on storage units (if any), or
(iii) Regulation 26, in
relation to any price list that is only available on request (if any).
(2) Without
prejudice to the requirements relating to display of prices in Regulations
under the Price and Charge Indicators (Jersey) Law 2008[8], prices must be displayed in
accordance with Regulation 24 or Regulation 25 (and may be displayed
in accordance with both Regulations).
(3) Prices
may, in addition be displayed in accordance with Regulation 26.
(4) A
person who contravenes this Regulation is guilty of an offence and liable to a
fine.
(5) A
display of prices that complies with the requirements of this Regulation is not
to be treated as a tobacco advertisement for the purposes of this Law.
23 Requirements
for the display of prices in all cases
(1) A
display of prices for tobacco products shall be limited to the following
information –
(a) the
brand-name of the product;
(b) where
pre-packed, the number of units in the packet or, where sold by weight, the net
weight of the product;
(c) in
relation to cigars only, the country of origin and the dimensions;
(d) in
relation to pipe tobacco only, the cut and type of tobacco; and
(e) the
price of the product.
(2) Except
as provided in Regulation 26(2)(d), the display must not contain any
feature other than that provided for in this Part.
(3) For
the purposes of paragraph (2), “feature” means a logo,
trademark, symbol, motto, type-face, colour or pattern of colour, picture,
artwork, imagery, appearance, message or other indication that constitutes all
or part of the recognisable identity of a brand of tobacco but does not include
a bar code or stock number.
24 Price
list on general display
(1) A
display of prices on general display for tobacco must be in the form of a price
list.
(2) The
price list –
(a) must
have the title “Tobacco products price list”;
(b) must
be worded with characters which are no higher than 7 millimetres;
(c) must
not include the price of any other item or product;
(d) must
not have a border or frame; and
(e) must
not exceed 1250 square centimetres in size.
(3) The
price list may include any of the following sub-headings –
(a) “cigarettes”;
(b) “hand
rolling tobacco”;
(c) “cigars”;
(d) “pipe
tobaccos”;
(e) “other
tobacco products”.
(4) The
information described in paragraphs (2) and (3) shall be printed –
(a) in
black Helvetica plain type on a white background;
(b) in
a type which has a consistent size throughout the text; and
(c) in
lower case type, except that the first letter of a word may be in upper case
type.
(5) There
must only be one price list for each separate area where tobacco products are both
located and can be purchased.
25 Display
of prices on a storage unit
(1) A
display of prices on a storage unit where a tobacco product is kept pending
sale must –
(a) be such
that each character is no higher than 10 millimetres;
(b) be
in a style that is consistent with displays of prices on storage units for
non-tobacco products on sale in the same premises (if any); and
(c) be limited
to one display for each separate location in a storage unit where a particular
tobacco product is held.
(2) For
the purposes of paragraph (1)(b), “style” includes type and
size of font and colour.
26 Price
lists available on request
(1) A
display of prices that is only available on request must be in the form of a
price list which is made available to an individual aged 18 or over
following a particular request by the individual for information about tobacco
products for sale in the place where the request is made.
(2) The
price list must be made available only if the following requirements are met –
(a) all
reasonable steps are taken to ensure that the individual making the request is
aged 18 or over before such a display takes place;
(b) the
display lasts for no longer than is needed for the individual to obtain the
information sought by that individual;
(c) the
wording on the price list must be –
(i) such that no
character is greater than 7 millimetres high,
(ii) in black
Helvetica plain type on a white background,
(iii) in a type which has a
consistent size throughout the text, and
(iv) in lower case type,
except that the first letter of a word may be in upper case type;
(d) the
only other feature displayed is a picture of the actual tobacco product, as
packaged for sale, provided that the size of such picture does not exceed
50 square centimetres; and
(e) the
price list is limited in number to –
(i) one price list
for each separate area where tobacco products both are located and can be purchased,
or
(ii) where there is
more than one till at any such location, one price list for each till.
(3) For
the purposes of paragraph (2)(a), a person is treated as having taken all
reasonable steps to establish that the individual is aged 18 or over if
either –
(a) from
the individual’s appearance nobody could reasonably have suspected that
the individual was aged under 18; or
(b) the
person asked the individual for evidence of the individual’s age and the
evidence would have convinced a reasonable person.
27 Specialist
and bulk tobacconists
(1) Except
as provided by paragraphs (2) and (3), Regulation 22 shall not apply
to a specialist tobacconist or a bulk tobacconist.
(2) A
display of prices of tobacco products which is visible from –
(a) the
outside of the premises of a specialist tobacconist; or
(b) the
outside of the tobacco area of a bulk tobacconist,
shall comply with the requirements of paragraph (3).
(3) Those
requirements are that such a display –
(a) complies
with the requirements for the display of prices in all cases under Regulation 23;
(b) complies
with Article 24(2) and (3); and
(c) is
limited in number to one display for each premises.
(4) For
the purposes of paragraph (2)(b), the tobacco area is the part of the shop
containing tobacco products and smoking accessories only.
part 6
general
28 General
provisions relating to offences
(1) Where
an offence under these Regulations is committed by a limited liability
partnership, a separate limited partnership, or body corporate or is proved to
have been committed with the consent or connivance of, or to be attributable to
any neglect on the part of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(2) Where
the affairs of a body corporate are managed by its members, paragraph (1)
shall apply in relation to acts and defaults of a member in connection with his
or her functions of management as if he or she were a director of the body
corporate.
29 Application
of Regulations to the territorial sea
These Regulations do not apply to a vessel of any description that
is within the territorial sea adjacent to Jersey.
30 Citation
and commencement
(1) These
Regulations may be cited as the Restriction on Smoking (Advertising, Promotion
and Display) (Jersey) Regulations 2013.
(2) These
Regulations shall come into force 18 months after the date that they are
made.
m.n. de la haye
Greffier of the States