BILL 47
An Act to Amend the
Tobacco Sales Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section
6.2 of the Tobacco Sales Act, chapter T-6.1 of the Acts of New Brunswick,
1993, is repealed.
2 Section
6.21 of the Act is repealed.
3 The
Act is amended by adding after section 6.3 the following:
Display of tobacco prohibited
6.4(1) In this section, “tobacco” includes the package in
which tobacco is sold.
6.4(2) No person shall display or permit the display of tobacco in any
place or premises in which tobacco is sold or offered for sale at
retail
(a) by any means or in any manner, including
the use of a countertop or wall display, that permits a consumer in
the place or premises to view tobacco before purchasing it, or
(b) by any means or in any manner that
makes tobacco visible to the public from the outside of the place
or premises.
Advertising of tobacco prohibited
6.5(1) No person shall advertise or promote the sale or use of tobacco
in any place or premises in which tobacco is sold or offered for sale
at retail.
6.5(2) No person shall advertise or promote
the sale or use of tobacco by means of an advertisement or promotional
material in any place or premises in which tobacco is sold or offered
for sale if the advertisement or promotional material is placed so
that it is visible from the outside of the place or premises.
6.5(3) Notwithstanding subsection (1), a person may in any place or
premises in which tobacco is sold or offered for sale at retail
(a) display a sign that lists the types
of tobacco for sale and their prices, if the sign complies with and
is displayed in the manner, place, form and size prescribed by regulation,
or
(b) display a magazine or other publication
that is offered for sale and that contains tobacco advertising if
the magazine or publication
(i) is displayed in such a way that the
tobacco advertisement is not visible to a consumer unless he or she
is reading the magazine or publication, and
(ii) meets the requirements set out in
the Tobacco Act (Canada) or
the regulations made under that Act.
Exception for tobacconist
shop
6.6(1) In this section, “tobacconist
shop” means a place or premises in which the primary business
conducted is the sale of tobacco.
6.6(2) Sections 6.4 and 6.5 do not apply to a tobacconist shop.
6.6(3) The owner or person in charge of a tobacconist shop shall not
permit a person under the age of 19 years to enter the premises unless
accompanied by an adult.
4 Schedule
A of the Act is amended
(a) by striking
out the following:
6.2............... |
E |
6.21............... |
E |
(b) by
adding after
the
following:
6.4(2)(a)............... |
E |
6.4(2)(b)............... |
E |
6.5(1)............... |
E |
6.5(2)............... |
E |
6.6(3)............... |
E |
5 This Act comes into force on January 1, 2009.