Bill targets smokers

Public places off limits

A discussion white paper bill tabled in the Legislative Assembly Monday proposes to ban smoking in all public places in the Cayman Islands.

Mr. Eden

Mr. Eden

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Those public places would include bars and restaurants, parks, concert and convention halls, sports stadia and all means of transportation used for commercial, public or professional purposes and used by more than one person.

Smokers would have to be farther than 10 feet of any enclosed public place or place of collective use – such as a park – to smoke.

‘This legislation is about public health,’ said Minister of Health Anthony Eden when he tabled the bill.

‘This is about protecting the health of every man, woman and child in these islands.’

The public will have 60 days to peruse the proposed bill and give feedback. Mr. Eden said the final bill would be dependent on the input and participation of the public.

‘This is a great opportunity to make the Cayman Islands a safer and healthier place for our children,’ he said.

Mr. Eden said that some people opposed to the bill would say it is prohibition, but he rejected that claim.

‘Tobacco has become nothing less than an epidemic,’ he said, noting that it kills 5 million people in the world each year.

There are provisions in the Tobacco Bill that would protect minors and non-smokers from inducements to use tobacco by prohibiting advertising and promotion of a tobacco product or a tobacco product-related.

Banned promotion would include that done through director or indirect means. For instance, no inducement such as a rebate, bonus or the right to participate in a contest could be offered; nor could a tobacco product be distributed without monetary consideration, such as in the case of free samples.

Distribution and display of tobacco would also be regulated under the proposed law.

The sale of tobacco to minors would be prohibited as would having minors sell or otherwise handle tobacco products.

Cigarette vending machines would be prohibited, as well as displaying a tobacco product in a countertop display or in a manner that permits the customer to handle the product prior to purchase.

Any establishment selling tobacco products would be required to post a sign bearing the prescribed health warnings at the point of sales. The management of all public places would also be required to post signs with the international no-smoking symbol.

Under the proposed bill, anyone wishing to import or sell tobacco products would have to apply for a licence and pay the prescribed fee within three months of the Law going into effect.

Packaging and labelling of tobacco products would also be regulated by the proposed law.

No person could sell or import a tobacco product unless the packet in which it is contained displays in the prescribed form and manner information about the product and its emission; the health hazards of its use or emissions; and other health-related messages such as how to stop smoking.

The Medical Officer of Health would designate Environmental Health Officers to enforce the law.

Penalties for non-compliance with the law range from a $2,000 fine for a first offence for a person who smokes in a prohibited place, to a $15,000 fine and six months imprisonment for a first offence for the owner of an establishment that fails to enforce a smoke-free policy.