Smoke-free: a low down of the law
Introduction
This article highlights the importance of the Smoke-free regulations, not only to employers, but to all individuals, especially shop owners and landlords, vending machine owners, supermarket owners. It also summarises all the smoke-free laws in the UK. We also have an article on the smoke-free legislation just for employers.
There are 5 main sets of regulations which are important to take note of. They are:
- The Smoke-free (Premises and Enforcement) Regulations 2006.
Sets out definitions of "enclosed" and "substantially enclosed" and the bodies responsible for enforcing smoke free legislation:
- The Smoke-free (Exemptions and Vehicles) Regulations 2007.
Sets out the exemptions to smoke free legislation and vehicles required to be smoke free;
- The Smoke free (Penalties and Discounted Amounts) Regulations 2007.
Sets out the levels of penalties for offences under smoke free legislation:
- The Smoke free (Vehicle Operators and Penalty Notices) Regulations 2007.
Sets out the responsibility on vehicle operators to prevent smoking in smoke free vehicles and the form for fixed penalty notices.
The Smoke free (Signs) Regulations 2007
Sets out the requirements for no-smoking signs required under smoke free legislation.
As well as some older regulations, including European laws:
- The Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002;
- Directive 2001/37/EC on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products;
- Children and Young Persons (Protection from Tobacco) Act 1991;
- The Children and Young Persons (Sale of Tobacco etc.) Order 2007.
Summary:
- On July 1st 2007, the smoke free law was introduced. It is now against the law to smoke in virtually all 'enclosed' and 'substantially enclosed' public places and workplaces;
- Public transport and work vehicles used by more than one person must be smoke free at all times;
- No-smoking signs must be displayed in all smoke free premises and vehicles;
- Staff smoking rooms and indoor smoking areas are no longer allowed - anyone who wants to smoke has to go outside;
- Managers of smoke free premises and vehicles have legal responsibilities to prevent people from smoking;
- The Minimum legal age for tobacco sales has increased.
Raising the minimum legal age for tobacco sales
From 1 October 2007, you must not sell cigarettes, cigarette papers or any other tobacco products to anyone younger than 18.
Required signage
To comply with the law, you must replace 16 with 18 in the signs in retail premises and on vending machines. The new signs must therefore display:
In retail premises: "It is illegal to sell tobacco products to anyone under the age of 18"
On vending machines: "This machine is only for the use of people aged 18 or over”
To aid compliance, retailers should:
- Ask young people who try to buy cigarettes or other tobacco products for proof of age - e.g. a photo driving licence, passport or card issued under PASS, the national proof-of-age standards scheme;
- Make sure that your employees are trained in and comply with the under-age sale law and ensure they do not feel pressured into not asking.
The new law brings the sale of cigarettes and tobacco products in line with many other restricted products that may not be sold to any person under the age of 18. The other products are: alcohol, cigarette lighter refills, crossbows, fireworks and solvents.
Ongoing programme
The Department of Health’s tobacco programme is split into six 'strands', which each contribute to the overall reduction in smoking. Since 1998 adult smoking rates in England have fallen from 28% to 25% in 2004. That is 1.2 million fewer smokers.
Smoke free legislation
Through smoke free legislation, virtually all enclosed public places and workplaces in England are smoke free, including all pubs, clubs, membership clubs, cafes and restaurants.
Pack labelling and health warnings
The Tobacco Products (Manufacture, Presentation and Sale)(Safety) Regulations 2002 legislated for larger, hard-hitting health warnings on tobacco packs which were introduced in 2003. The regulations also prohibited misleading terms such as low-tar, mild and light from tobacco packs. These regulations were required for the UK to comply with a 2001 European Directive on tobacco products and labelling.
Picture warnings on tobacco packs are now required at every level, including retail. Picture warnings are already successfully used in Canada, Brazil and Thailand.
Product information and regulation
The regulations also set new requirements for the maximum yields of tar (10mg), carbon monoxide (10mg) and nicotine (1mg) in cigarettes. Manufacturers and importers of tobacco products now also have to annually inform the Government of all the non-tobacco ingredients in each brand, along with relevant toxicological information.
If by chance you find some error of law or fact in any Net Lawman information page, do please tell us. We should also welcome your suggestions for new subjects for information pages. These notes:
- Do not provide a complete or authoritative statement of the law;
- Do not constitute legal advice by Net Lawman;
- Do not create a contractual relationship;
- Do not form part of any other advice, whether paid or free.
