The TCI Government has just passed the Tobacco Control Ordinance 2015, to regulate tobacco use, and to protect individuals from the exposure to tobacco smoke.
The Ordinance, though passed, has not yet come into force. It will come into force on a date to be announced in the Government gazette.
Of primary interest is:-
- A prohibition on smoking or holding lighted tobacco products in an enclosed public place, an enclosed workplace, on public transport or in a variety of specified indoor and outdoor locales which include hotels, bars, restaurants, public lounges and canteens, casinos, shops, public parks, and outdoor food outlets.
- Introduction of a licensing requirement for the sale of tobacco products.
- The establishment of a Tobacco Control Unit.
- A prohibition on tobacco advertising and a requirement for warning labelling on tobacco products.
- The introduction of a requirement to post prominent no-smoking signs in areas where smoking is prohibited by law.
- The introduction of criminal sanctions and fines for breaches of the Ordinance including an offence of authorising or consenting to smoking in a place where smoking is prohibited.
Despite the prohibition on smoking in no-smoking areas, the holder of liquor-licensed premises like hotels, bars and restaurants may designate an outdoor smoking area.
The Ordinance contemplates that regulations will be introduced fleshing out the various prohibitions, rules for outdoor smoking areas, and so on. It seems probable that the Ordinance will not come into force until those regulations are ready.
Misick & Stanbrook
The information provided in this article does not constitute legal advice and is not intended by the authors or Misick & Stanbrook to do so. Before relying on any information or opinion in this article you ought first to obtain advice on your particular circumstances from your Misick & Stanbrook professional.