Answers to Common Questions
Below you will find answers to the most frequently asked questions regarding tobacco control laws and regulations in Trinidad and Tobago. These FAQs aim to help individuals, retailers, and distributors understand their legal responsibilities when it comes to packaging, labelling, sales, and advertising of tobacco products.
- When do the sixteen Health Messages come into effect?
-
Commencing September 26, 2022, all tobacco products manufactured, imported, sold, commercially supplied or distributed in Trinidad and Tobago are required by law to display Health Messages and images, together with all the other packaging and labelling requirements contained in the Tobacco Control Act, Chapter 30:04 and Regulations.
- Who is required to ensure that these Health Messages are placed on the cigarette packs?
-
All tobacco licence holders at the point of manufacture.
- What are your obligations as a retailer as it relates to the Health Messages?
-
Ensure that you don’t acquire tobacco products that are not packaged and labeled with the Health Messages after September 26, 2022. (Section 23(2) of the Tobacco Control Act 2009.)
- As a retailer, from who should you purchase tobacco products?
-
Any company in possession of either a manufacturer, wholesale or distributor licence.
- How do you use the sixteen health messages and images?
-
Pursuant to Regulation 6(1) of the Tobacco Control Regulations 2013 [as amended by the Tobacco Control (Amendment) Regulations 2019], the prescribed Health Messages and images are divided into two sets, A and B. Both sets are to be rotated in accordance with Schedule 2 of the Regulations.
Accordingly:
Year 1: Set A to commence on September 26, 2022 and end on September 25, 2023. The phasing out period begins in the eighth month, with Set B introduced from May 26, 2023.
Year 2: Set B to commence on September 26, 2023 and end on September 25, 2024. The phasing out period begins in the eighth month, with Set A introduced from May 26, 2024.
Section 37(2) of the Tobacco Control Act Chapter 30:04 provides that any person who acts in contravention of the Act commits an offence.
Health Warnings Law
- Are you committing an offence if you sell non-compliant tobacco products?
-
Section 23 of the Tobacco Control Act Chapter 30:04 provides that it is an offence to sell, offer for sale, supply, import or acquire any tobacco products that do not comply with the packaging and labelling requirements of the Act and Regulations.
- Does the law apply to persons who sell single cigarettes?
-
Yes. Individual cigarettes or cigars offered for sale must be wrapped with the message “SMOKING IS DANGEROUS” in accordance with Regulation 5(6) of the Tobacco Control Regulations 2013, as amended.
- Do you have the seller sign?
-
Regulation 10(1) of the Tobacco Control Regulations 2013, as amended, requires that the following seller’s sign be displayed in a prominent place where tobacco products are sold:
“THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF EIGHTEEN YEARS IS PROHIBITED”
Section 37(2) of the Act states that any person who acts in contravention of the Act commits an offence.
Sale of Tobacco Products
- Do you need a licence if you sell tobacco products in bulk quantities?
-
Yes. Section 10(1) of the Tobacco Control Act Chapter 30:04 requires that no person shall manufacture, import, export or distribute tobacco products at wholesale without first obtaining a licence.
- Which entities are required to have tobacco licences?
-
Section 10(10) of the Act states that no person shall sell tobacco products to, or purchase or acquire tobacco products from, any manufacturer, distributor, importer, exporter or wholesaler who is not licensed under the Act.
- Does selling bulk tobacco products without a licence constitute an offence?
-
Yes. Section 37(2) of the Act provides that any person who acts in contravention of the Act commits an offence.
Wholesale Providers of Tobacco Products
- Can you purchase tobacco products over the internet?
-
Section 16 of the Tobacco Control Act Chapter 30:04 provides that no person shall purchase any tobacco product through self-service means, including mail, the internet or automatic vending machines.
The Minister may, by Order, prohibit any other means of sale where the age of the purchaser cannot be verified at the point of sale.
As such, there is an absolute prohibition on the sale of tobacco products via the internet in Trinidad and Tobago.
Section 37(2) of the Act provides that any person who acts in contravention of the Act commits an offence.
- Is it a breach of the Tobacco Control Act Chap 30:04 to have a webpage offering tobacco products for sale?
-
Yes. Section 19 of the Act states that no person shall initiate, produce, publish, engage in or participate in any tobacco advertising, promotion or sponsorship.