Information for tobacco retailers

Page content: Introduction | Downloads | Frequently asked questions

Introduction

Retailers that sell tobacco have obligations under law in regard to the display and sale of tobacco products.

Amendments to the Tobacco Act 1987 that came into effect on 1 March 2006 further strengthen restrictions on the sale and advertising of tobacco.

In summary, the amendments include:

• widening of the definition of ‘tobacco advertisement’ to include non-branded advertising, buzz-marketing and the advertising of cigarette papers.
• strengthening cigarette sales to minors laws by:
  • making sighting an acceptable evidence of age document (photo ID) the only defence for selling tobacco to a minor;
  • making a manager/proprietor liable for an offence if any person they authorise to sell tobacco products sells cigarettes to a minor (even if the person is not an employee);
  • clearly outlining what a manager/proprietor must do to train their employees or agents not to sell tobacco to a minor; and
  • requiring that a manager/proprietor must repeat the above training every 6 months.
• Restricting the placement of cigarette vending machines.

Downloads

Fact Sheet: Cigarette Sales to Minors (47kb, pdf)

Fact sheet: Buzz marketing and non-branded tobacco advertising (69kb, pdf)

Tobacco retailer guide (1554kb, pdf)

Tobacco retailer signage (62kb, pdf)

No proof of age, No cigarettes (450kb, pdf)

Copies of the above resources can be obtained free of charge by calling the Department of Human Services' Tobacco Information Line on 1300 136 775

Frequently asked questions

Tobacco advertising

• Q1: What is buzz marketing?
• Q2: What is ‘non-branded’ tobacco advertising?
• Q3: Can I advertise tobacco products outside my retail outlet?
• Q4: Can I display tobacco advertising in my retail outlet?
  

Tobacco Displays

• Q5. Can I display tobacco products?
• Q6. Can I display cartons?
• Q7: Can I still display cigarette papers?
• Q8. How can I display cigars?
• Q9. What should my tobacco display look like?
• Q10. Can I have more than one display area?
• Q11. Can I have more than one point of sale?
• Q12. What are price boards and how can I use them?
• Q13. What signs do I have to display if I sell tobacco products?
• Q14. Is there an age requirement for people who sell tobacco?
• Q15. Can I sell single cigarettes?
• Q16. Can I provide non-tobacco products in connection with tobacco products?
• Q17. What are the penalties for breaking the tobacco advertising and display laws?

Tobacco sales to under 18s

• Q18. What are the laws regarding selling tobacco to people under the age of 18?
• Q19. Who is responsible when tobacco is sold to a person under the age of 18?
• Q20. Who should I ask for identification (ID)?
• Q21. What are the responsibilities of a manager in relation to the sale of tobacco to under 18s?
• Q22. Do I need a licence to sell tobacco in Victoria?
• Q23. What are the consequences if tobacco is sold to a person under the age of 18?
• Q24. What is the value of a penalty unit?

Tobacco advertising

Q1: What is buzz marketing?

Buzz marketing is the use of colours, images and props to create an environment consistent with a brand’s identity or reminiscent of previous tobacco advertising. Generally, buzz marketing is undertaken in nightclubs, at dance events, fashion events, or other similar events.

Q2: What is ‘non-branded’ tobacco advertising?

Branded tobacco advertising is prohibited in shops that sell tobacco, however many branded advertisements have been replaced with non-branded ‘suggestive’ methods to promote tobacco use. Non-branded tobacco advertising includes backlit posters directly above cigarette displays, depicting images of smoking paraphernalia such as matches and lighters. Although these posters don’t promote a particular brand of tobacco, they are attractive to the eye and may encourage and promote the consumption of tobacco.

Q3: Can I advertise tobacco products outside my retail outlet?

No. You cannot display branded or non-branded tobacco advertising outside your retail outlet. In addition you must not display any advertising referring to the sale of cheap or discount tobacco products from outside your retail outlet. This includes words such as 'discount cigarettes' or 'cheap smokes' placed on sandwich boards, overhead signage or promotional flags.

Q4: Can I display tobacco advertising in my retail outlet?

No, you must not display branded or non-branded tobacco advertising either within your shop or outside your shop except through limited displays of tobacco products themselves. The advertising ban has recently been extended to include the advertising of cigarette papers, non-branded advertising and buzz-marketing.

Tobacco Displays

Q5. Can I display tobacco products?

You are only allowed to have limited displays of tobacco products in your shop. These displays must be consistent with the definition of 'product line' contained in the legislation. ‘Product line’ is a tobacco product that differs from other products on the basis of:

1. Flavour;
2. Nicotine or tar content; or
3. Brand name.

You can only display one of each product line of a tobacco product. Different size packages are not treated as different product lines. Therefore you cannot display different sizes of cigarette packages with the same flavour, nicotine or tar content, or brand name.

Q6. Can I display cartons?

No. Cigarette cartons must not be displayed. You can stock cartons but they must not be displayed to customers. Customers can be informed about your stocked cartons through price boards (see Q12 - What are price boards and how can I use them?)

An exception to this applies in the case of duty free outlets beyond the customs barrier at Melbourne Airport, which are permitted to have a limited display of cigarette cartons.

Q7: Can I still display cigarette papers?

Yes, while the new laws prohibit the display of advertisements of cigarette papers it does not extend to specifically prohibit the display of non-tobacco products including cigarette papers. The display of cigarette papers may be considered to advertising if the display creates a ‘visual image’ which gives publicity to, or otherwise promotes the product or smoking in general.

Q8. How can I display cigars?

Dry cigars sold in packages can be displayed in the same manner as cigarettes, as outlined in Q9 - What should my tobacco display look like?

As an alternative to these stack dispenser displays, you may choose to display up to 13 of each product line of cigars outside a stack dispenser (in an open box, container, or compartment), and/or a closed box of each product line of cigars.

Cigars must comply with product line definition. Dry cigars must be displayed within the maximum four square metre display which is allowed for tobacco products.

However, cigars in operating humidors are not required to be displayed within the maximum display area described above.

Q9. What should my tobacco display look like?

The total display area for advertising tobacco products is regulated.  Tobacco displays must comply with product line definition (see Q5 - Can I display tobacco products).

Tobacco products may be displayed in one of three ways:

• Either as a single immediate package; or
• In a stack dispenser with the packages stacked directly on top of each other so the customer sees any part of the top and bottom of the tobacco packages; or
• In a stack dispenser where the tobacco packages are stacked directly behind each other, so the customer can see the faces of the front packages and the tops/sides and the health warning on the packages behind.

Q10. Can I have more than one display area?

You can only have one display area of dry tobacco products within your retail outlet. This display must be at a point of sale.

Q11. Can I have more than one point of sale?

Yes. While all retail outlets are permitted to have one display area only for tobacco products, retailers can sell tobacco from more than one point within the retail area.

Q12. What are price boards and how can I use them?

The lettering on price boards can be used to list the price and details of the full range of tobacco products you sell. You may wish to use a price board for products that you cannot display, such as cartons of cigarettes or tobacco products that do not fit within your maximum display area. You may have one price board at each point of sale in your retail outlet. Price boards can be up to 1.5 m by 1.5 m.

Price boards can be black or white, or in the corporate colours of your retail outlet, using up to four colours. Lettering on the price board must be no higher than 2.1 cm and no wider than 1.5 cm.

The price board can include information about:

• Product brands normally available for sale.
• Product flavours (for example menthol).
• Pack size (for example 25s, 30s, carton).
• Prices of products available for sale.

Q13. What signs do I have to display if I sell tobacco products?

The law requires tobacco retailers to display two signs within the retail outlet. This includes premises with a cigarette vending machine. These are the blue ‘We don’t sell tobacco to u/18s’ sign and one of the black and white health warning/smoking cessation signs. These signs need to be displayed next to a place in your shop where tobacco products are sold, or at the entrance to your shop so that your customers can see them as they enter.

Copies of Tobacco retailer signage are available free of charge from the Department of Human Services' Tobacco Information Line on 1300 136 775.

Q14. Is there an age requirement for people who sell tobacco?

There is currently no age limit for people who can sell tobacco in Victoria. Regardless of the age of the person selling tobacco products, it remains the responsibility of the manager/proprietor to ensure that anyone they allow to sell tobacco products in their store does it responsibly and complies with the laws prohibiting the sale of tobacco products to people under the age of 18 years.

Q15. Can I sell single cigarettes?

It is an offence for you and your staff to sell cigarettes in a package containing less than 20 cigarettes. The sale of single cigarettes is also illegal. This is regardless of the customer's age.

Q16. Can I provide non-tobacco products in connection with tobacco products?

No. You must not provide non-tobacco products or benefits (eg. CDs, tins or carry cases) in connection with the sale of a tobacco product or for the purposes of promoting the sale of a tobacco product. This is the case whether or not a charge is made for the other non-tobacco product or benefit.

You also must not supply vouchers or similar things that may entitle the purchaser or another person to a non-tobacco product or benefit; or any thing with which the person can participate in a game or similar activity which may entitle the person to a non-tobacco product or benefit.

It is a defence if the benefit or thing supplied is only incidentally connected with the purchase of the tobacco product and equal opportunity to receive the benefit or thing is given to customers regardless of whether they buy tobacco products.

The only exception to this law is that you can sell lighters, matches, ashtrays or other products that are necessary for, or ancillary to smoking in connection with a tobacco product, provided that you do not discount these other products. That is, the price of these non-tobacco products must be the same as the price that would be paid for them if they were purchased separately.

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Q17. What are the penalties for breaking the tobacco advertising and display laws?

Tobacco sales to under 18s

Q18. What are the laws regarding selling tobacco to people under the age of 18?

It is an offence for any person to sell cigarettes, cigars or loose tobacco to any
person under the age of 18. This includes over the counter sales and sales from
tobacco vending machines.

Q19. Who is responsible when tobacco is sold to a person under the age of 18?

The person who sold the tobacco product is responsible. In addition to the person who sold the tobacco product, their manager or employer may also be responsible.

Q20. Who should I ask for identification (ID)?

It is suggested that proof of age is requested from any person who appears to be under the age of 25 years. You should ask to see an acceptable evidence of age document (photo ID) to confirm that the customer is not under the age of 18.
The acceptable forms of photo ID are:

• A Victorian or interstate proof of age card.
• A Victorian or interstate drivers licence.
• An Australian or foreign passport.
• A keypass.
• A Victorian Learner’s permit.

Copies of sign No proof of age, No cigarettes which details the acceptable forms of photo id can be obtained free of charge from the Department of Human Services’ Tobacco Information Line on 1300 136 775.

Q21. What are the responsibilities of a manager in relation to the sale of tobacco to under 18s?

As outlined in Q19, the manager can be held responsible if a person that they supervise sells a tobacco product to a person who is under 18.

If a sale occurs, the manager must prove they had no knowledge of the sale and have taken ‘prevention measures’ in relation to the person that sold the tobacco. See the Tobacco Retailer Guide for further details regarding prevention measures and what steps should be undertaken to ensure that a manger is not liable for someone selling tobacco to a person under 18 years in their store.

Q22. Do I need a licence to sell tobacco products in Victoria?

No, a licence is not required. However, retailers that sell tobacco have obligations under law in regard to the display and sale of tobacco products.

Q23. What are the consequences if tobacco is sold to a person under the age of 18?

Q24. What is the value of a penalty unit?

A penalty unit for 2009/10 is $116.82 (indexed annually).

The Penalty unit for 2008/2009 is $113.42

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