Coinciding with changes to the SA tobacco laws that have highlighted the fact that nicotine pouches are illegal to retail, ACAPMA has released a new Tobacco Resource, the Fuel Retail Restricted Products POSTER that summarises the restrictions for staff.
Smoking Products Recap
All cigarettes, pouch tobacco, cigarette filters and cigarette papers are labelled by the law to be Smoking Products.
As smoking products these items are subject to the national plain packaging laws that set restrictions on the sale and display of the items.
Breaches can result in penalties for staff and the business in addition to the State based restrictions.
Penalties start at $55,000 for an individuals (including staff) and $110,000 for a business and range up to $1m, so it is vital that retailers understand the requirements, and ensure that they comply with them.
ILLEGAL PRODUCTS
The national plain packaging laws and State based Health laws combine with the controlled substances laws administered by the Therapeutic Goods Administration to form a list of Illegal Products.
These products are not able to be sold from a fuel retail site, indeed even storing these items onsite is illegal.
There are extensive penalties and jail time that staff and businesses face for breaches.
- “Black Market” Branded Tobacco Products
- Any cigarettes or pouch tobacco that is branded (not in plain packaging) is illegal in a fuel retail context, including; buying, selling or storing onsite.
- See ‘A good deal on tobacco supply can cost you your business’ for more information on the penalties for breaches.
- Vapes
- Any vapes (electronic cigarettes), including those labelled 0% nicotine, are illegal in a fuel retail context, including; buying, selling or storing onsite.
- See ‘Vape ban from 1 July 2024’ for more information the Vape Ban.
- Nicotine Pouches or Nicotine Liquid
- South Australia has just introduced legislation to ban Nicotine Pouches, however these products, along with nicotine liquid, have always been illegal in a fuel retail context as nicotine is controlled substance administered by the Therapeutic Goods Administration “It is unlawful for retailers such as tobacconists and convenience stores, to sell”
Tobacco Compliance – Fuel Retail – Restricted Products POSTER
ACAPMA Members can access the POSTER by logging into the Members section of acapma.com.au, alternatively members can request a copy by emailing employment@acapma.com.au .
More Information
- National – plain packaging laws – https://www.health.gov.au/topics/smoking-vaping-and-tobacco/tobacco-control/plain-packaging
- NSW – display, advertising, promotion and sell as a smoking product – hidden and to 18+ only – https://www.health.nsw.gov.au/tobacco/Pages/tobacco-retailing-laws.aspx
- ACT – display, advertising, promotion and sell as a smoking product – hidden and to 18+ only – https://www.cmtedd.act.gov.au/open_government/inform/act_government_media_releases/meegan-fitzharris-mla-media-releases/2016/regulations-on-e-cigarettes-come-into-effect-today
- NT – display, advertising, promotion and sell as a smoking product – hidden and to 18+ only – https://nt.gov.au/wellbeing/healthy-living/smoking/electronic-cigarettes
- QLD – display, advertising, promotion and sell as a smoking product – hidden and to 18+ only – https://www.qld.gov.au/health/staying-healthy/atods/smoking/devices
- SA – display, advertising, promotion and sell as a smoking product – hidden and to 18+ only – https://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/public+health/tobacco+and+e-cigarette+laws+and+businesses/new+e-cigarette+laws+and+other+changes+to+tobacco+laws+in+south+australia
- TAS – display, advertising, promotion and sell as a smoking product – hidden and to 18+ only – https://www.dhhs.tas.gov.au/publichealth/tobacco_control/electronic-cigarettes/fact_sheet-_electronic_cigarettes2
- VIC – display, advertising, promotion and sell as a smoking product – hidden and to 18+ only – https://www.betterhealth.vic.gov.au/health/HealthyLiving/e-cigarettes
Here to help
ACAPMA members are reminded that they can access the advice support resources and representation of the ACAPMA Employment Professionals on this issue, or indeed any other employment issue, via employment@acapma.com.au.
HR Highlights are things to consider, implement and watch out for in your business. They are provided as general advice and you should seek further advice on your situation by contacting the ACAPMA Employment Professionals via employment@acapma.co.au its free for members. Click here to apply for ACAPMA Membership.
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