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ACAPMA Tobacco Compliance Webinar

powered by ACAPMAcademy

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CEOs Welcome

CEOs Welcome

Nic Moulis

CEO

ACAPMA Australasian Convenience and Petroleum Marketers Association

“by coming together to share our

knowledge we enrich the each other

and our industry”

Presenters Welcome

Presenters Welcome

Elisha Radwanowski BCom (HRM & IR)

Workplace & Member Services Manager

ACAPMA

ACAPMA Tobacco Compliance Webinar

powered by ACAPMAcademy

Delivered Live 5th December 2012

OUTLINE

Facts and Figures Customers, Retailers and Legislation

Plain Packaging Reason, Objectives, Laws, Dates, Packaging and Penalties

Display and Point of Sale Requirements and Penalties

In-store Compliance Tips, Traps and Things to Consider

Review What do you need to do today

Q & A Your questions answered

Customers

28% of men 23.5% of women smoke

4.4 million smokers

28.908 billion cigarettes each year

Retailers

35,000 tobacco retailing outlets

$9.9 million retail sales

14% is petrol and convenience

FACTS AND FIGURES

Legislation

Excise

Licencing of outlets

Advertising

Consumer protection

Plain packaging

Display restrictions

FACTS AND FIGURES

The Laws

Tobacco Plain Packaging Act 2011

Tobacco Plain Packaging

Regulations 2011

Competition and Consumer

(Tobacco) Information Standard

2011

PLAIN PACKAGING

The Reason

“to discourage the use of tobacco products”

The Objectives

1. Improve public health by;

– Discouraging the uptake of smoking

– Encouraging smokers to quit

– Discouraging ex-smokers from relapsing

– Reducing passive smoke exposure

2. Meet Australia’s obligations under the

WHO Convention on Tobacco Control

PLAIN PACKAGING

The Dates

From 1 October 2012 all tobacco

products made in Australia must

be in plain packs

From 1 December 2012 all

tobacco products sold in Australia

must be in plain packs

PLAIN PACKAGING

The Packaging

Drab brown colour with a matt

finish

Include expanded graphic health

warnings

Exclude all tobacco industry logos,

brands, colours, imagery and

references other than;

Manufacturers details

Standardised Brand and

Variant references

PLAIN PACKAGING

The Packaging

No change after sale

No inserts or stickers

No noise or scent

No advertising on lining

No colour or advertising on

wrapper

PLAIN PACKAGING

The Cigarettes

NO COLOURED PAPER OR

FILTERS only White filters

with only White or imitation

cork filter paper cover

NO BRAND OR LOGO ON

CIGARETTE only the

optional alphanumeric code

near start of filter

NO COLOURED OR

WATERMARKED PAPER

only while plain paper

PLAIN PACKAGING

PLAIN PACKAGING

Tobacco Products

“tobacco product means processed tobacco,

or any product that contains tobacco, that is

manufactured to be used for smoking,

sucking, chewing or snuffing”

Cigarettes

Loose Tobacco

Cigars

Chewing and Snuffing Tobacco

Retailer Responsibilities

From 1 December 2012

Be familiar with Plain Packaging

Laws

Be able to identify non compliant

packaging

NEVER purchase tobacco

products that in non compliant

packaging

NEVER sell tobacco products that

are in non compliant packaging

PLAIN PACKAGING

Penalties for Individuals

PURCHASE or SELL non

compliant tobacco products

Fault Based

2,000 penalty units

Civil Liability

2,000 penalty units

Strict Liability

60 penalty units

PLAIN PACKAGING

PENALTIES FOR INDIVIDUALS

PURCHASE or

SELL non compliant tobacco products

Fault Based

$220,000

Civil Liability

$220,000

Strict Liability

$6,600

PLAIN PACKAGING

Display and Point of Sale Restrictions

State based legislations and

regulations

‘Dark’ Display common across

States

The Reason

Improve public health by

– Discouraging the uptake of

smoking

– Encouraging smokers to quit

– Discouraging ex-smokers from

relapsing

– Reducing passive smoke

exposure

DISPLAY AND POINT OF SALE

Tobacco Product

”tobacco product means processed tobacco, or

any product that contains tobacco, that is

manufactured to be used for smoking, sucking,

chewing or snuffing”

Cigarettes

Loose Tobacco

Cigars

Chewing and Snuffing Tobacco


Tobacco Accessory

A product whose sole or primary function is in

the use of a tobacco product

This includes

Tobacco papers

Rolling filters

Clip on filters

DOES NOT INCLUDE

Lighters

Matches



State QLD NSW VIC

Governing

Legislation

Tobacco and Other Smoking

Products Act 1998Public Helath (Tobacco) Act 2008

Tobacco Amendment (Protection of

Children) Act 2009

Special

Provisions

* Tobacco products and

accessories can only be sold from

one point of sale point instore

Signange Minors Sign Minors Sign"We Don't Sell Tobacco to Under

18s" Sign

Graphic Health Warning SignSmoking Kills or Call the Quitline

SignGraphic Health Warning Sign

Options Point of Sale SignOptional Tobacco Retailer Identifier

Sign - upon request to VicHealth

State by State


State ACT SA WA NT

Governing

LegislationTobacco Act 1927

Tobacco Products Regulation Act

1997

Tobacco Products Control

Amendment Act 2009Tobacco Control Act 2003

Special

Provisions

* 1 metre buffer from customer to

product

* Tobacco products and

accessories can only be sold from

one point of sale point instore

* Price Board or Tobacco Retailer

Identifier Sign NOT BOTH

Signange Minors Sign Minors Sign Minors Sign Minors Sign

Graphic Helath Warning Graphic Health Warning Sign Graphic Health Warning Sign Graphic Helath Warning

NEVER sell to minors

NEVER purchase or sell branded

tobacco products

COVER tobacco products and

tobacco accessories

MINIMISE exposure of tobacco

products and tobacco accessories

During the sale

During restocking

During stocktake

Business, Owner and Staff are

responsible for compliance and

face penalties for breaches

REVIEW

Review Staff and Systems

General Restrictions including IDs

Tobacco Product and Accessory

definitions

Hardware and Processes for

minimising tobacco exposure

During the sale

During restocking

During stocktake

Purchasing Plain only products

Document Training and Review

Process

IN-STORE COMPLIANCE

Simple Tips for Compliance

Utilise Planograms

Re-stock and Stocktake at night

Relocate tobacco accessories to

under the counter

IN-STORE COMPLIANCE

For more information on Plain Packaging, Retail Display Bans and Tobacco in Australia

please see the following general resources

General Materials

www.yourhealth.gov.au search ‘plain packaging’

www.health.gov.au search ‘plain packaging’

www.healthnsw.gov.au search ‘tobacco retailing’ for display restrictions in NSW

www.health.vic.gov.au search ‘tobacco retailing’ for display restrictions in VIC

www.health.qld.gov.au search ‘tobacco retailing’ for display restrictions in QLD

www.health.wa.gov.au search ‘tobacco retailing’ for display restrictions in WA

www.health.sa.gov.au search ‘tobacco retailing’ for display restrictions in SA

www.health.act.gov.au search ‘tobacco retailing’ for display restrictions in ACT

www.health.tas.gov.au search ‘tobacco retailing’ for display restrictions in TAS

Facts and Figures:

• % and averages from abs.gov.au; nsma.org.au – discrepancy averaged

• size and value of market from pwc study http://www.parliament.nsw.gov.au/prod/PARLMENT/Committee.nsf/0/2b14b998dda58536ca2571

620017ecd2/$FILE/Sub%2046%20BATA%20-%20Attachment%202.pdf

REFERENCES

http://www.yourhealth.gov.au/

http://www.health.gov.au/

http://www.healthnsw.gov.au/

http://www.health.vic.gov.au/

http://www.health.qld.gov.au/

http://www.health.wa.gov.au/

http://www.health.sa.gov.au/

http://www.health.act.gov.au/

http://www.health.tas.gov.au/

http://www.parliament.nsw.gov.au/prod/PARLMENT/Committee.nsf/0/2b14b998dda58536ca2571620017ecd2/$FILE/Sub 46 BATA - Attachment 2.pdf





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