Definitions

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In this Law, unless the context otherwise requires —

"advertisement" means a commercial communication, other than as prescribed in section 11, through any medium or means that is intended to have or is likely to have the direct, indirect or incidental effect of creating an awareness of a tobacco product, brand element, manufacturer or seller or promoting the purchase or use of a tobacco product or brand but does not include announcements in any telecommunication or written document that originates or is published outside the Islands and imported into the Islands;

"Authorised Officer" means an Environmental Health Officer appointed under section 3 of the Public Health Law (2002 Revision) and includes a police officer;

"bar" means any premises exclusively or mainly used for the sale and consumption of beverages, whether alcoholic or not, where the sale of food is limited to snacks that do not constitute a meal;

"brand element" includes the brand name, trade-mark, trade-name, distinguishing guise, logo, graphic arrangement, design, slogan, symbol, motto, selling message, recognisable colour or pattern of colours, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of tobacco product;

"business licence" means a licence issued to a registrant by the Trade and Business Licensing Board;

"Certificate" means the Certificate of Registration issued under section 4;

"Chief Officer" means the Permanent Secretary of the Ministry of Health and Human Services, or his designate;

"cigar bar" means a licensed business that caters to patrons who smoke cigars on premises where there is installed a smoke ventilation system approved by the Planning Department;

"cigar store" means any premises exclusively or mainly used for the sale of tobacco products, other than a cigar bar;

"distribute" means to sell, give, supply, exchange, convey, consign, deliver, furnish or transfer possession for commercial purposes, or offer to do so, whether for a fee or other consideration or as a sample, gift, prize, or otherwise without charge;

"emission" means any substance or combination of substances that is produced as a result of a tobacco product being lighted;

"employer" means a person who employs one or more employees and includes a person who arranges with volunteers to undertake work;

"enclosed public place" means a public place that is fully or partially covered by a roof with at least 50% of its sides having walls, windows or other barriers such as blinds or curtains;

"Governor" means the Governor in Cabinet;

"health care facility" means premises at which health services are provided by a registered medical practitioner;

"hotel" means a boarding house, guest house, inn or hostel containing at least two rooms or apartments set apart exclusively for the sleeping accommodation of travellers;

"importer" means a person who receives or arranges for the receipt of tobacco products from another country for sale in the Islands;

"international no-smoking symbol" means a symbol consisting of a graphic representation of a burning cigarette enclosed in a red circle with a red stripe across it;

"minor" means a person under the age of eighteen;

"owner", in relation to premises, means the proprietor of the premises and includes the manager, licensee and the person in charge of the premises;

"package" means the container, receptacle or wrapper in which a tobacco product is sold or displayed at retail, and includes a carton that contains the product packed in smaller quantities;

"precincts" means the immediate environs of a public place whether fenced or not;

"premises" means —

any building or part of a building;

any structure or part of a structure, whether moveable or not;

any installation whether on land or offshore;

any tent, marquee or stall; and

any vehicle;

"promotion", in relation to a tobacco product, means the practice of fostering awareness of and positive attitudes towards a product, brand or manufacturer for the purpose of selling the product or encouraging its use, through various means including direct advertisement, discounts, incentives, rebates, free distribution, publicising of brand elements through related events and products through a public medium of communication;

"public conveyance" means any vehicle available to the public, whether or not a fee is charged, as a means of transportation and includes a taxi;

"public place" means any place, including a workplace or public conveyance to which members of the public have access, whether or not a fee is charged for entry, and includes those places enumerated in the Schedule;

"registrant" means a person to whom a Certificate of Registration has been granted under section 4;

"registration" means registration with the Chief Officer under section 4 as a pre-requisite for obtaining a business licence;

"restaurant" means premises exclusively or mainly used for the sale and consumption of food and includes a café, coffee shop, bistro, fast food establishment or snack bar;

"retailer" means a person who imports, manufactures or sells tobacco products to the public, and is registered in accordance with this Law;

"sell" includes offer for sale, expose for sale and have in possession for sale;

"smoking" means inhaling or expelling the smoke of any tobacco product and includes the holding of any tobacco product that is alight;"

"telecommunications" means any form of transmission, emission or reception of signs, texts, messages and sounds or other intelligence of any nature by wire, radio, optical or electromagnetic means;

"tobacco product" means a product composed in whole or in part of tobacco, tobacco leaves or any extract of tobacco leaves and includes cigarette papers, tubes, filters and the package in which the product is sold;

"toxicity" means the quality, relative degree or specific degree of being toxic or poisonous;

"vending machine" means any machine which on insertion of any bank note, coin, metal or other material in it, dispenses tobacco or tobacco products automatically or with the help of the buyer;

"wholesale distributor" means a person who imports or manufactures, and sells or distributes tobacco products for subsequent retail, and is registered in accordance with this Law; and

"workplace" means the inside of any place, building, structure, vehicle or conveyance or any part of them that is covered by a roof where employees work or frequent during the course of their employment whether or not they are acting in the course of their employment at the time, but does not include a place that is primarily a private dwelling.

Defined Terms

advertisementAuthorised Officerbarbrand elementbusiness licenceCertificateChief Officercigar barcigar storedistributeemissionemployerenclosed public placeGovernorhealth care facilityhotelimporterinternational no-smoking symbolminorownerpackageprecinctspremisespromotionpublic conveyancepublic placeregistrantregistrationrestaurantretailersellsmokingtelecommunicationstobacco producttoxicityvending machinewholesale distributorworkplace

Cross References

Section 3 of Public Health Law
Environmental Health Officer appointed under section 3 of the Public Health Law (2002 Revision)

Tobacco Act

9 Parts