Tobacco Products (Public Health) Act 1987

[2 March 1987]

[preamble and words of enactment omitted]

PART I

Short title

1 This Act may be cited as the Tobacco Products (Public Health) Act 1987.

Interpretation

2 In this Act, unless the context otherwise requires—

"advertisement" means any announcement to the public made or to be made in any manner;

"brand", except in section 8(3), includes a brand product, this is to say a variety of a brand marketed as having qualities dif fering from another variety of that brand;

"cigarette" means tobacco rolled up in paper or in any other ma terial except tobacco, in such form as to be capable of imme diate use for smoking and includes any other product so rolled up and for such use;

"cigarette advertisement" has the meaning assigned to it by sec tion 8;

"newspaper" has the same meaning as in the Printed Publica tions Act 1971 [title 10 item 3];

"publish" in relation to an advertisement means making known an advertisement in any manner;

"tobacco or tobacco product advertisement" has the meaning as signed to it by section 9.

PART II

Sales of cigarettes and other tobacco products

Health warnings and tar designation when cigarettes are sold

3 No person shall sell, offer for sale or possess for the purposes of sale any cigarettes unless the packets thereof bear—

(a) a health warning in the prescribed form and manner;

(b) a statement as to the content or the amount of tar, as the case may be, in the cigarettes, required to be placed on the packets by the country of origin for consumption therein of the cigarettes.

Health warnings and tar designation when tobacco or tobacco prod ucts sold

4 No person shall sell, offer for sale or possess for the purpose of sale any tobacco or tobacco products (other than those mentioned in section 3), intended for smoking unless the packet or container thereof bears—

(a) a health warning in the prescribed form and manner;

(b) a statement as to the content or the amount of tar, as the case may be, therein required to be placed on the packets or containers by the country of origin for con sumption therein of the tobacco or tobacco products, as the case may be.

Offences under Part II

5 (1) Any person who contravenes section 3 or 4 commits an of fence:

Punishment on summary conviction: a fine of $5,000.

(2) Any manufacturer of cigarettes or his agent or any whole sale distributor of cigarettes who sells, offers for sale or possesses for the purpose of sale any cigarettes to which section 3 applies which have on their packet a statement as to the content or the amount of tar in the cigarettes which is incorrect, commits an offence:

Punishment on summary conviction: a fine of $5,000.

(3) Any manufacturer of tobacco or tobacco products or his agent or any wholesale distributor thereof who sells, offers for sale or possesses for the purpose of sale any tobacco or tobacco products to which section 4 applies which have on their packet or container a state ment as to the content or the amount of tar therein which is incorrect commits an offence:

Punishment on summary conviction: a fine of $5,000.

PART III

Cigarette and Tobacco Product Advertising

Cigarette and tobacco product advertisement in printed publications

6 (1) No person shall print or publish a cigarette advertisement or a tobacco or tobacco product advertisement in a printed publication to which this section applies unless the advertisement bears, in the pre scribed form and manner—

(a) a health warning in the prescribed form and manner;

(b) a statement as to the content or the amount of tar in the cigarettes or in the tobacco or the tobacco product ad vertised, as the case may be.

(2) This section applies to—

(a) any newspaper printed and also published in Bermuda;

(b) any periodical, magazine or other publication printed and also published in Bermuda.

Health warnings when cigarette and other advertisements displayed

7 (1) No person shall—

(a) display;

(b) publish or distribute for the purpose of display,

any cigarette advertisement or any tobacco or tobacco product adver tisement in writing or other permanent or semi-permanent form unless the advertisement has a health warning in the prescribed form and manner and contains a statement as to the content or the amount of tar in the cigarettes or in the tobacco or tobacco product advertised, as the case may be.

(2) Nothing in this section shall apply in relation to an adver tisement referred to in subsection (1) broadcast by television or radio.

Meaning of cigarette advertisement

8 (1) For the purposes of this Part an advertisement is a cigarette advertisement if it—

(a) contains any express or implied inducement, suggestion
or request to purchase or smoke cigarettes; or

(b) relates to smoking in terms which are calculated, ex pressly or impliedly, to promote or encourage the use of cigarettes.

(2) An advertisement which mentions the name or trade name of any person associated with the marketing of cigarettes or a brand name of cigarettes or any pictorial device commonly associated therewith or which illustrates or mentions smoking or cigarettes or their packages or qualities shall be deemed to be a cigarette advertisement unless the contrary is proved.

(3) Notwithstanding subsection (2), no advertisement shall be deemed to be a cigarette advertisement only because it uses the name or trade name or a brand name of, or otherwise identifies, a person associ ated with the manufacture or marketing of cigarettes as the sponsor of an event or as congratulating another person or thing on an achievement of, or event relating to, such person or thing.

Meaning of tobacco or tobacco product advertisement

9 (1) For the purposes of this Part an advertisement is a tobacco or tobacco product advertisement if it—

(a) contains any express or implied inducement, suggestion or request to purchase or smoke tobacco or a tobacco product; or

(b) relates to smoking in terms which are calculated, ex pressly or impliedly, to promote or encourage the use of tobacco or a tobacco product.

(2) An advertisement which mentions the name or trade name of any person associated with the marketing of tobacco or a tobacco product or a brand name thereof or any pictorial device commonly asso ciated therewith or which illustrates or mentions smoking or tobacco or a tobacco product or their packages or qualities shall be deemed to be a tobacco or tobacco product advertisement unless the contrary is proved.

(3) Notwithstanding subsection (2), no advertisement shall be deemed to be a tobacco or a tobacco product advertisement only because it uses the name or trade name or a brand name of, or otherwise identi fies, a person associated with the manufacture or marketing of tobacco or a tobacco product as the sponsor of an event or as congratulating an other person or thing on an achievement of, or event relating to, such person or thing.

10 (1) Any person who contravenes section 6(1) or 7(1) commits an offence and is liable on summary conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further penalty not exceeding $500 for each day during which the offence continues.

(2) In any proceedings for a contravention of section 6(1) it shall be a defence for the person charged to prove that the advertisement to which the proceedings relate was printed or published in such cir cumstances that he did not know and had no reason to believe he was taking part in the printing or publication thereof.

PART IV

Miscellaneous

Regulations

11 (1) The Minister may make regulations for all or any of the fol lowing matters—

(a) prescribing anything required or permitted to be pre scribed under this Act;

(b) requiring notification of anything done by any person which may be relevant to the content or the amount of tar contained in cigarettes or in tobacco or in a tobacco product;

(2) Regulations made under subsection (1) shall be subject to the negative resolution procedure.

Commencement

12 [omitted]

[this Act was brought into operation on 1 May 1988]

Bermuda Consolidated Legislation

Tobacco Products (Public Health) Act 1987