With each new product or service your retail establishment offers, you must train your staff. Employee Signature: Date: Trainer Signature: Employer/Manager Signature: Please accept our apologies if we've offended you. Employees, who are students, may be pressured by their peers to sell them tobacco products illegally. Yes. Back in November, The We Card Program started getting some inquiries from retailers about federal, state and local legal ages to sell tobacco and vaping products. Brief overview of federal regulations governing the manufacture, sale, labelling and promotion of tobacco with links to existing and proposed regulations. They may also check to make sure you are complying with the legislation. ", "Look, I've told you that I can't sell you cigarettes because it's illegal and I could lose my job. Contact your Tobacco Enforcement Officer if there are problems with your signs. It is in your own best interest as a tobacco retailer to monitor your employees' actions. Send out reminders to staff and hand out bulletins from government about tobacco legislation to help keep your employees informed. Download and complete the, only buy tobacco products from Ontario-registered tobacco wholesalers. Some people will accept your decision but others will not. As responsible citizens, each of us should be concerned with the well-being of the youth in our neighbourhoods, in our community, in our society. This page provides general information for tobacco retail dealers about Ontario's tobacco tax rules and the Tobacco Retailer Inspection Program; it should not be considered as a substitute for the Tobacco Tax Act (TTA) and Regulations. You must follow both laws. Calculating the age of a customer from the date of birth can be confusing. Run your finger across the surface of the card - has it been scratched near the birth date? Ontario.ca "Due diligence" means doing everything reasonably possible to try to prevent such an offence from occurring. Employee Signature: Date: Employer/Trainer Signature : Note: Please keep a copy of this form for your employee personnel files. Run your fingers over it. Hindering, obstructing or knowingly making a false or misleading statement may lead to charges. In BC there is no provision under tobacco legislation that has to do with the age of people selling or handling tobacco products. Look at the person, then look at the photo on the ID card. The following sections provide retailers with guidelines: Here are 10 easy steps to help you create policies and procedures for your business to prevent tobacco sales to minors. What is the only additive flavour that is allowed in tobacco products? Violations include any assessed penalty or conviction of an offence under the TTA, the prohibition may range up to 180 days, depending on the number and nature of the violations. Have all employees been trained fully about their responsibilities under the Federal and Provincial tobacco legislation and store policies? Are employees supervised on a regular basis? Please read carefully as your employer may quiz you as part of your retail training. Using due diligence means doing everything reasonably possible to try to prevent a tobacco control legislation offence from occurring. Keep these initialled government bulletins and other tobacco-related documents in a safe place. Any five of the following: cigarettes, snuff, loose tobacco, cigars, little cigars, bidis, kreteks, chewing tobacco, pipe tobacco, leaves, tubes, tobacco itself, cigarette papers, filters, blunt wraps. You will not receive a reply. From the best and newest e-cigarette Starter Kits, Coils, Tanks, Batteries, and all vape accessories, to our exclusive Canadian E-Liquid, our everlasting mission is to provide you with everything you need to transition from smoking stinky cigarettes … Again, in all cases it is illegal to furnish tobacco to a person under the age of 19. These policies and procedures will protect the youth in your community from access to tobacco products, and at the same time will guide you and your employees through the correct ways to sell tobacco products. News Your voice and expression will make it clear that the matter is closed. It will give both you and your staff peace of mind. Keep records of all one-on-one reviews with staff, including the date and details of the review, to ensure they understand the laws and store policies so there are no misunderstandings about tobacco sales. Hand out tobacco sales information and reminders with employees' pay cheques, every few months. Establish store policies and procedures about tobacco sales, including what will happen if people do not follow them. Are store videos reviewed regularly and a record kept of the results? Interest will be charged on any outstanding amount and is applied daily until the assessment is paid in full. Research shows that when strict laws about selling tobacco are actively enforced, fewer young people start to smoke. Minor Decliner’s Age Verification Scanner Prevents Fines for Selling Cigarettes to Minors Our age verification scanner system is specifically designed to solve this problem. Federal Age Warning Signs where provincial signs are not required. have a valid tobacco retail dealer's permit belonging to the owner of the tobacco product for each location that tobacco products are sold. It is required by law for retailers of the vaping industry in Ontario to receive proper government approved identification from the customer … is operating without a valid tobacco retail dealer's permit, or. I would like to know why you have to be 18 to serve beer to patrons in a bar and can drink at 19, however, you can be 15 or 16 and sell cigarettes in a corner store? Vous utilisez un navigateur désuet qui n’est plus accepté par Ontario.ca. Posted on 31/05/2011 at 8:53 AM karynka=Ontario, Canada. It is important to devise clear rules for your employees to follow. Cigarettes, tobacco sticks and loose tobacco marked with only the federal marking of “Canada Duty Paid” on peach colored stamps or tobacco marked for other jurisdictions cannot be sold in the Province of New Brunswick Tobacco Tax Act and Regulations or any provision relating to tobacco in any other Act. You have the right to say no to anyone, including friends, who is asking you to break the law. It is your decision. Always check for a valid identification. Conditions and limitations imposed on the retail dealer. Address the possibility of these situations occurring and review the suggestions for ways to say, "No", which are found in the Employee Training for Tobacco Sales booklet. Are spot checks performed by the store to test how sales of tobacco products are carried out? Second-hand smoke (environmental tobacco smoke) can cause serious health concerns for children and all non-smokers in our communities. You may wish to point out these facts to your customers. This can (but does not have to) include an exchange of money. But I'm the one who will lose my job if I sell you cigarettes. Use the Employee Training for Tobacco Sales booklet included with this toolkit as the foundation for your training program. It is illegal to sell cigarettes, little cigars and/or blunt wraps with additives that have flavouring properties or are used to enhance flavouring (excluding menthol). These signs can be obtained from your local health authority. No individual (including, but not limited to, a parent, a sibling, an aunt or uncle, or an adult friend or acquaintance) may purchase cigarettes for a minor. By recording any corrective action taken helps to prove you are diligent. My manager would be pleased to discuss this with you further or you may call your Provincial Tobacco Enforcement Officer. Your state or local laws regarding the minimum-age to sell tobacco and vaping products supersede the Federal regulation’s (see … It is up to each of us to help keep harmful substances out of the hands of minors. mail: Ministry of Finance, Advisory Services, 33 King Street West, 3rd Floor, Oshawa ON L1H 8H5. Under the federal Tobacco and Vaping Products Act and the Non-smokers' Health Act, the minimum age to buy tobacco products is 18. It is illegal to provide tobacco to anyone under 19; Tobacco products may not be furnished to a young person in a public place; In a retail establishment where minors have access, tobacco products and promotional items cannot be displayed; Where minors can enter a store, tobacco displays must be hidden from view between every sales transaction; In an age-restricted establishment, tobacco products may be displayed provided they are not visible outside; Tobacco products cannot be sold in public sector buildings such as health, hospital, government, recreational; All tobacco retailers must prevent minors from seeing and accessing their tobacco products and promotional items. Test them again and again, until they fully understand the information. Are letters and information, including newspaper articles, regarding Federal and Provincial tobacco legislation given to employees for review? Does not show you one of the acceptable ID cards required by law, Does not look like the photo on the ID card, Gives you ID that shows they are under 19 years old, Shows you an ID card you believe is fake. You should tell the adult this, and refuse to make the sale. If not - refuse to sell. No. Provide your staff with the education they need to fully understand the requirements under Federal and Provincial tobacco legislation in BC including definitions, legal age, and the penalties they could cause to you and your store - the source of their own income. Should both not have the same regulations as to who can sell these products and how old they should be? The Smoke-Free Ontario Act (SFOA) is one of the laws that govern the sale of cigarettes in Ontario. Budget Regularly monitor employees to make sure they are following both the laws and your store policies about tobacco sales. undermines Ontario's Smoke‑Free Strategy aimed at reducing smoking rates and protecting kids and youth from the dangers of smoking. All staff aware of the rules, Sent in test shopper to check retailer's compliance as a whole, Reviewed the legislation and types of ID required with the employee. To ensure a fast, legal sale, every time. I,_____________, have read and understand the requirements of Federal and Provincial tobacco legislation and store policy regarding tobacco sales. You must fully cooperate with the Tobacco Enforcement Officer. If your store has been warned about selling a tobacco product to someone under 19, make sure all employees see the warning. Can you feel a break in the surface that would show something has been inserted into the card - has a new date been inserted into the card? They include 1) two decals for the cash register or drawer - one facing the customer and the other facing the clerk, and 2) a warning sign to be displayed so the customer can clearly see it when they purchase their tobacco product. You should abide by the laws in your province and be aware that there are heavy fines and penalties, including losing your tobacco vendor's TRA for not doing so. Where identification is requested, the test shopper should observe if it is properly examined. Quiz your staff at regular intervals or when there is a change in the law. This toolkit provides you with a detailed overview of the laws that protect those under 19 from access to tobacco products. Review the laws regarding tobacco sales with your employees to make sure they understand them and be very specific about the consequences for staff who do not follow store policy and the laws. It is strongly suggested that you ask for proof of age if the customer appears to be under 25 years old. Training staff on the best and most efficient methods of retail may be a time consuming duty of owner/operators. As with any infraction, it is good management to keep records of any action taken if an employee does not follow store policy. It is illegal to sell tobacco products to anyone under the age of 18 in Manitoba. two or more violations within a five year period may lead to a temporary ban from selling, offering for sale or storing tobacco products in that particular location. The sale of tobacco products is regulated both by the Provincial Tobacco Control Act and by the Federal Tobacco Act. If further information about signs is required, please contact your local Tobacco Enforcement Officer. $2,500 if the person has previously been assessed more than one penalty in total. Many states don't have a minimum age to "sell" tobacco as long as you are legally employed. The final decision about an owner or operator's due diligence will be made in a court of law. The final decision about due diligence will be made in a court of law. Saying no to friends and others in your age group is not easy. It showed minors were turned away 90.2 per cent of the time when asking for e-cigarettes and 84.8 per cent of the time when asking for tobacco products. As a tobacco retail operator, you have a unique opportunity to protect those under the age of 19 from the serious consequences of tobacco use. Application for Tobacco Retail Dealer’s Permit, Ontario Ministry of Health and Long-Term Care, Ontario Cannabis Legalization Implementation Fund. You understand that there are laws against selling tobacco and all associated products to minors and by familiarizing yourself and your staff with the rules and regulations of tobacco control, you will be equipped with an answer for most situations. Use the sample Training Certificate included once employees have completed your training program. Use confident body language: Repeat yourself if you have to. The ministry is encouraging such retail dealers to apply for the tobacco retail dealer's permit as soon as practicable to ensure they hold a valid tobacco retail dealer's permit as of July 1, 2018. No part of the sign can be hidden from view (e.g., the French side of the sign cannot be cut off or hidden). All Canadian companies selling tobacco products are required to comply with several requirements, among which: requesting a proof of age to minors trying to buy tobacco; display signs related to the prohibition of selling tobacco to minors. Steve Tennant, vice-president of the CCSA, says the provinces should keep the laws making it illegal to sell tobacco to minors, but add new laws so enforcers can fine kids for smoking directly. They may be charged if an employee sells or provides a tobacco product to someone who is under 19 years of age. Canada Consumer Product Safety Act. Install a special cash register key to remind clerks to ask for identification, confirming proof of age of the customer before a tobacco sale. Have employees signed a recent agreement to show they understand store policies and the Federal and Provincial tobacco legislation? Are all tobacco products kept in an area of the store away from reach by customers? PO Box 620 Just as the sale of cigarettes to minors is prohibited, so is the purchase of cigarettes for a minor. If not - refuse to sell. You can pay by cheque, payable to the Minister of Finance and mail it to: Ministry of Finance The laws are very specific and you have much to lose if they are broken. Native cigarettes are now a problem for Western provinces, too ... touting the economic benefits of selling tax-free cigarettes. Tobacco use is the leading cause of preventable illness, disability and premature death in Canada. - Answered by a verified Employment Lawyer. It is the retailer's responsibility to ensure these signs are in place. If they look different - then refuse to sell. What types of ID must you see as proof of age before making a tobacco sale? Calculating the age of a customer from their date of birth can be confusing. Signs must be placed where customers can see them and they must not be hidden from view. On‑reserve retailers who hold an authorization letter from the Ministry of Finance are not required to apply for the tobacco retail dealer's permit. Review the training section of this toolkit for useful training tools and resources. We can be fined or lose our licence for selling to someone under 19 years of age. Have you developed a policy on discipline for employees who sell to minors or fail to ask for photo identification from customers who appear 25 years of age or under? Tobacco products or tobacco product-related brand elements may not be promoted, except as authorized by the Tobacco Act or its regulations. These signs are produced by the BC Ministry of Health and must be posted as described: These signs must be clearly visible and not covered by other signs or product. Tell the person he or she is asking you to break the law and that you could be heavily fined or could lose your job. Taxes What are the possible penalties for selling a tobacco product to someone who is under the age of 19? The ministry aims to review Notices of Objection in a timely manner. Government of Canada, Health Canada, Healthy Environments and Consumer Safety Branch Controlled Substance and Tobacco Directorate 2011 ISBN: 978-1-100-18464-7 Cat.No. Developing company Policies and Procedures on how to train and monitor staff on handling the sale of tobacco products are the most important decisions you will make. Your staff members will look to you for guidance. This employee has demonstrated knowledge of laws and policies to prevent the sale of tobacco products to people under 19 years of age. www.quitnow.ca or call 1-877-455-2233 (translation in over 130 languages). Are the required provincial and federal signs posted in the manner and form as described in the tobacco legislation? Seizure and forfeiture of cigars and other tobacco products. Expect your employees to understand your store policies and the Federal and Provincial laws. Tell the customer to see the manager or your supervisor if he or she will not leave, Give the person a Customer Information Card and tell the person you are following laws and store policies (Customer Information Cards are in the Signage section of this toolkit). It is the only way to ensure you and your business will not suffer the penalties levelled against tobacco retailers for breaking the law. Fine Amounts for Contraventions of the Tobacco Control Act / Regulation as provided under the Violation Ticket Administration. Satisfactory compliance report with no consequences. A Tobacco Enforcement Officer may enter your store without a warrant and inspect your premises. See section 4.32 of the Tobacco Control Regulation on the Tobacco Control web site for more details. Use stickers to make it easier to figure out if a customer is 19 or over. (This answer will vary from retailer to retailer). Ministry of Finance tobacco inspectors help retail dealers and others understand their obligations and ensure compliance with the TTA, inspectors wear uniforms and upon arrival at your business location, will identify themselves by showing ministry‑issued identification, inspections are not announced or scheduled in advance, and no warrant is needed for the inspection, it is an offence to hinder or interfere with the inspection process. 1 TOBACCO AND SMOKING REDUCTION ACT Chapter T-3.8 Table of Contents 1 Definitions 2 Exclusions 3 Smoking prohibited 3.1 Prohibition re minors 4 Private residence 5 Exceptions 6 Duties of managers 7 Signs 7.1 Tobacco not to be displayed 7.2 Tobacco not to be advertised or promoted 7.21 Minimum package size 7.3 Sale of tobacco in certain places prohibited 7.4 Sale of flavoured tobacco … Economy Not all identification is acceptable for use in the purchase of tobacco products. Consider using the Customer Information Cards included in this toolkit to help explain this to customers. If you insist, I'm going to have to get my manager. No proof that tax was paid on cigars and other tobacco products. According to the study conducted by Ipsos Reid on behalf of Canada… Younger customers may try to change their IDs to appear older. Français, Home Reinforce staff awareness of the tobacco legislation and store policies on a regular basis by holding staff meetings, and during your one-on-one staff reviews. They may be viewed from inside or outside of the store. Tobacco products cannot be sold in public sector buildings such as health, hospital, government, and recreational. Become informed about the laws pertaining to selling tobacco. If you require additional signs, please contact your local Health Authority Office. If they persist, you should advise the local authorities. Has the surface been scratched so you cannot read the dates? Review store videos to watch staff as they sell, or are asked to sell, tobacco products. It is recommended that retailers may want to provide extra training and monitoring due to the possibility of peer pressure from friends to allow the purchase. $5,000 if the person has previously been assessed more than one penalty in total. There is a sample Employee Agreement included in the Retailer Toolkit for your use. It is a tobacco retailer's obligation to take every step within their power to prevent the sale of tobacco products to those under the age of 19. Any retail store owner who wants to sell tobacco products in Nova Scotia. A note, telephone call, verbal consent from a parent, guardian or friend is not acceptable. Credits, Benefits Make training, updates, reviews, agreements and instructions about store policies and procedures for tobacco sales and the penalties for not following them, as part of your business routine. Don't forget to change the stickers each year. The FDA sent warning letters to 15 national retailers, including Walgreens, illegally selling e-cigarettes to underage kids. Retail dealers have 30 business days after a Preliminary Advice of Assessment to produce proof that all taxes have been paid and may object to an assessed penalty by filing a Notice of Objection. + Sale of Single Cigarettes It is illegal under the Federal Tobacco Act to sell individual cigarettes. The following section lists how youth are protected from the sale of tobacco products and tobacco accessories: Thinking someone looks older than they actually are is not a legitimate excuse to sell them tobacco products. This is to certify that I, ______ (Name of Employer) of ______ (Name of Retail Outlet) have provided tobacco sales training to ______ (Name of Employee). Temporary prohibition in effect at location and tobacco found at the location. An example may be a government-issued voluntary ID card. Lighters and matches are not considered to be tobacco products; therefore, their sale is not age restricted under the Tobacco Act. No! Does it seem fake? You must be over the age of 18 for any of these rules to apply, however, and you can only bring tobacco products for your own personal use. Tobacco use is the leading cause of preventable illness and premature death in Canada - it is a major contributing factor to a number of chronic diseases and deaths. ... Public consultations on new regulatory proposals. For those who insist on buying tobacco, repeat the phrase in step 1 over and over. There ARE laws regarding the age of those who can sell alcohol. The following information provides you with some facts you will need to consider as you begin to create your own company policies and procedures. For developing clear policies and procedures to prevent the sale of tobacco to minors.

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