Tobacco.org

• LCQ8: Sale of illicit cigarettes 

Following is a question by the Hon Wong Ting-kwong and a written reply by the Secretary for Financial Services and the Treasury, Professor K C Chan, in the Legislative Council today (February 8):

Question:

It has been reported that quite a number of traders are suspected of sellingduty-not-paid cigarettes (illicit cigarettes) through a major shopping web site on the Mainland; as the retail price of these illicit cigarettes is 60% lower than that of genuine duty-paid cigarettes, and traders can deliver the illicit cigarettes through courier companies to the buyers' residences in three days, thus quite a number of young people in Hong Kong are attracted to place orders. In this connection, will the Government inform this Council: . . .

Reply:

President,

(a) The Customs and Excise Department (C&ED) has been closely monitoring illicit cigarette activities. Intelligence reveals that the sale of illicit cigarettes via internet is not common.

Last year, C&ED received only a single complaint regarding such activities in the local market. C&ED will continue to monitor the situation so as to prevent such illegal activities. . . .

(c) C&ED will take stringent enforcement actions against illicit cigarette activities. If the illicit cigarette activities involve Mainland websites, as these websites are operated outside Hong Kong, C&ED would refer such cases to the Mainland authorities for follow-up actions or appropriate preventive measures. Having regard to the mode of delivery adopted by such activities, C&ED will also step up inspection on import cargoes to prevent the smuggling of illegal commodities into Hong Kong.

Jump to full article »

Legislative Detail: KY House Bill 289 - 2012 Regular Session 

Summary

Create new sections of KRS Chapter 438 to prohibit indoor smoking in businesses, places of employment, and other listed public places; exempt private residences, unless used for child care or adult day care; permit smoking in designated nonenclosed areas; require posting of "no smoking" signs as specified locations; permit political subdivisions of the Commonwealth to adopt stricter regulations by ordnance; provide for enforcement by all peace officers and health department employees; provide for the issuance of uniform citations for violation; require that employers and others not discriminate against persons reporting violations;

Jump to full article »

Mayor Kiss' veto message re: no-smoking ordinance 

This veto message responds to the Ordinance Committee proposal passed by the City Council at its meeting on January 9, 2012 regarding smoking in outdoor places related to the Church Street Marketplace. At that meeting, I recommended against passage of the proposal before the City Council because it is a compromise proposal that in its details ultimately shapes up as bad public policy.

The City’s Department of Parks and Recreation-in response to a similar issue of outdoor smoking-participated with the Ordinance Committee in the creation of a policy that banned smoking in places where people congregate and when signs are posted. This means sporting events, North Beach, and picnic areas managed by Parks and Recreation are routinely protected-but it does not restrict someone from smoking as they Walk their dog alone at Roosevelt Park on a Thursday afternoon. As a policy in the parks, I believe this policy is effective and generally enforceable.

What was passed for the Marketplace on the subject of outdoor smoking assurnes too large an area for non-smoking, but then riddles the smoking restriction with an OK to smoke on private property (in the alleyways behind stores, bars, and restaurants, and Wherever private property is available for use), or in outdoor cafes on land leased for this use by the City, or from 9 p.m. to 9 a.m. every night. This is a long way from a prohibition of smoking-especially if the basis of the proposal is for the protection of people from second hand smoke.

The proposed ordinance does nothing to protect the employees of businesses from second hand smoke

Jump to full article »

Belarus increases cigarette quotas by 0.55% to 29.39bn in 2011 

The Government of Belarus has increased quotas for the production of tobacco products in 2011 by 0.55% to 29.39 billion. Such a decision is contained in Resolution No. 1692 of the Council of Ministers as of 15 December. The document came into force on the day of issuing.

This document introduces changes into Resolution No. 1863 of the Council of Ministers of 21 December 2010, which provided for the quotas in the amount of 27.6 billion in 2011 (up 10% from 2010). Later the Council of Ministers issued resolution No. 1197 on 7 September this year to increase the quotas by another 6% to 29.23 billion.

Grodno Tobacco Factory Neman can produce 23.16 billion cigarettes this year against the annual forecast of 23 billion cigarettes (up 0.69%).

Jump to full article »

MAYOR BLOOMBERG ANNOUNCES SUIT AGAINST "ROLL-YOUR-OWN" CIGARETTE BUSINESSES EVADING TAXES 

Mayor Michael R. Bloomberg announced today the filing of a lawsuit against Island Smokes LLC and Island Smokes III LLC, businesses that evade cigarette taxes by providing customers with loose tobacco, tubes of cigarette paper and access to machinery that instantly produces finished cigarettes for the customer onsite. These "roll-your-own" businesses sell cigarettes in disregard of tax and other regulatory statutes applicable to cigarettes, claiming that the business owners do not sell cigarettes, but merely "facilitate" the customers' assembly of the cigarettes themselves. The City's suit, filed in the Federal District Court for the Southern District of New York, charges that Island Smokes' businesses in Manhattan and Staten Island, along with their owners and employees, violate the Federal Contraband Cigarette Trafficking Act and the New York State Cigarette Marketing Standards Act by selling cigarettes on which the required taxes have not been paid. The suit also alleges that the defendants cause a public nuisance by, among other things, selling cigarettes that have not been certified as "fire-safe" as required by New York State law.

"They are trying to get around the law by claiming they're not in the business of selling cigarettes when they clearly are," said Mayor Bloomberg. "Most businesses abide by the law, play by the rules and pay their taxes. We are not going to allow some businesses to skirt the law and we will ensure the playing field is level. They are cheating other businesses out of customers and attempting to illegally dilute one of our strongest smoking deterrents."

Jump to full article »

JTI's response to the Australian Government's Consultation Paper on the Tobacco Plain Packaging Bill 2011 (PDF) 

1. EXECUTIVE SUMMARY

1.1 JTI is categorically opposed to plain packaging and the other proposals in the Government's Consultation Paper of 7 April 2011 (the Consultation) on the Tobacco Plain Packaging Bill 2011 Exposure Draft (the Draft).

1.2 It is among JTI's core beliefs that minors should not smoke and should not be able to obtain tobacco products and that adult smokers should be appropriately informed about the risks of smoking before they make the decision to smoke. These beliefs are central to our Code of Conduct, marketing practices, operational policies and the way JTI does business. However, JTI will question, and where necessary challenge, regulation that is flawed, unreasonable, disproportionate or without evidential foundation.

1.3 Although JTI does not have a corporate presence in Australia and its products (which represent only a small share of the Australian market) are distributed by third parties who may submit their own proposals to the consultation, the significance of the proposals in the Draft make it important and necessary to set out JTI's objection to it. JTI believes firmly that the proposals are manifestly disproportionate and inappropriate and that, given the serious concerns identified in this submission, the Government's plain packaging and other proposals should not be progressed further.

JTI's key objections to the proposals

An unjustified expropriation of property

1.4 Plain packaging would prevent JTI from using its brands, which are -- as with any consumer product manufacturer -- JTI's most valuable assets. In our view, the measures proposed by the Draft are not only an unconstitutional acquisition of property on unjust terms, they are also an unjustified expropriation of our property. A disproportionate measure without an appropriate evidential basis

1.5 The Consultation ignores a key fact: there is no credible evidence to demonstrate that plain packaging is capable of achieving the Government's stated objectives (set out below). The Government appears to have accepted this. It was reported on 24 May 2011 that Federal Health Minister Nicola Roxon said, in response to a call for such evidence, that: "[t]he sort of proof they are looking for doesn't exist when this hasn't been introduced around the world".1 Against this backdrop, the plain packaging proposal seeks to dictate arbitrarily the appearance of product packaging on the basis of a fundamental mischaracterisation of the role of packaging. An unreasonable interference with lawful market activity

1.6 Packaging plays an important role in the consumer goods market. It conveys guarantees of a product's origin and quality, and the investment in it. Plain packaging frustrates the provision of these guarantees, thereby impeding lawful competitive market activity. This is compounded by the ability of plain packaging to facilitate unlawful market activity through illicit trade and counterfeit products.

1.7 Given its leading international position and modest Australian presence, JTI's market share has significant potential for growth, through competition with wellestablished brands. JTI is therefore also concerned about the market crystallisation effects of plain packaging, which will deprive it of any meaningful ability to introduce international brands to the market for existing Australian adult smokers. A failure to meet international and Australia's own Better Regulation principles

1.8 Tobacco products carry risks to health and we believe that appropriate and proportionate regulation of our industry is both necessary and right. JTI supports legislative measures on tobacco control that meet the Better Regulation principles defined by the OECD2 and endorsed in the Handbook of the Australian Office of Best Practice Regulation (the Handbook).3 However, when measured against this benchmark and that of the Australian Constitution, the Consultation and Draft fall short of these fundamental requirements in a number of ways, as detailed in Part 4 below.

A packaging law seeking to go beyond the pack

1.9 The Draft is characterised as a bill regarding packaging, but also seeks to facilitate the regulation of the design of tobacco products themselves,4 and to increase the size of the front of pack health warnings. Like the plain packaging proposal, JTI rejects entirely these provisions of the Draft. Contrary to Better Regulation principles, the Government has cited no evidence demonstrating that either measure would achieve the objective of changing smoking behaviour. Further, the proposal to allow the regulation of the design of the product itself is vague and potentially very far reaching. If it proceeds with the Draft, the Government must consult separately on such proposals, having undertaken a full and proper review of the evidence and the impact of these proposals.

Jump to full article »

ORDINANCE NO. 19-2011 AN ORDINANCE OF THE CITY OF CORBIN, KENTUCKY, PROHIBITING SMOKING IN ALL BUILDINGS OPEN TO THE PUBLIC OR USED IN WORKPLACES; SETTING FORTH REGULATIONS RELATED THERETO (PDF) 

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF CORBIN, KENTUCKY AS FOLLOWS:

SECTION ONE Prohibition: That smoking shall be prohibited in all enclosed areas within all enclosed buildings open to the public and within places of employment, except as hereinafter provided.

SECTION TWO Definitions: all of the words and phrases of this Ordinance are to be given their usual and customary meaning and definition unless otherwise stated. For definitional purposes and clarity, the following definitions are given:

A. Smoking means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form.

Jump to full article »

• USDA Determination Document Explains Assessment Methods for the Tobacco Transition Payment Program 

The U.S. Department of Agriculture’s (USDA) Farm Service Agency (FSA) Administrator Bruce Nelson announced today that FSA is making available a determination document, also referred to as a statement of position, regarding tobacco payment funding. The document states the current methods used to calculate manufacturer and importer assessments that fund the Tobacco Transition Payment Program (TTPP).

The determination document is in response to challenges raised in two lawsuits—Prime Time International v. Vilsack and Philip Morris v. Vilsack—involving the terms and construction of the Fair and Equitable Tobacco Reform Act of 2004 (FETRA). Both lawsuits involve the definition of a “share of gross domestic volume” within the meaning of FETRA and the question of what is to be done with those “shares” in calculating program liabilities. Because the outcomes of these two lawsuits have the potential to affect not only the plaintiffs, but also all other importers and manufacturers, publication of a USDA determination is warranted.

FETRA established the TTPP in the wake of the termination of the longstanding tobacco price support program. The 10-year TTPP (operating from fiscal years 2005-2014) makes annual payments of about $1 billion to those who held tobacco quota and produced tobacco at the time of FETRA passage. These payments are funded via assessments that are collected from domestic tobacco manufacturers and importers.

USDA uses a two-step process for calculating these assessments for each manufacturer and importer.

Jump to full article »

Federal Register | Tobacco Products Scientific Advisory Committee; Notice of Meeting 

This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). At least one portion of the meeting will be closed to the public. . . .

Date and Time: The meeting will be held on January 18, 2012, from 8 a.m. to 5 p.m., on January 19, 2012, from 8 a.m. to 5 p.m., and on January 20, 2012, from 8 a.m. to 4 p.m. . . .

Agenda: As part of the Tobacco Products Scientific Advisory Committee's required report to the Secretary of Health and Human Services, the committee will continue discussing issues related to the nature and impact of the use of dissolvable tobacco products on the public health, including such use among children. Discussion will include such topics as the composition and characteristics of dissolvable tobacco products, product use, potential health effects, and marketing.

FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its Web site prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's Web site after the meeting. Background material is available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee link.

Jump to full article »

LCQ8: Tobacco control measures 

Hong Kong (HKSAR) - Following is a question by the Hon Wong Ting-kwong and a written reply by the Secretary for Food and Health, Dr York Chow, in the Legislative Council today (October 26):

Question:

A survey conducted by the Census and Statistics Department between October and December 2010 revealed that the prevalence of daily cigarette smokers aged 15 or above was 11.1% in 2010, which is slightly lower than the 12% in 2009, yet, the number of young smokers among these people increased significantly by 40% while the number of smokers over 60 years old also increased by 5% instead of decreasing. The Financial Secretary has raised the tobacco duty in the 2011-2012 financial year by 41.5%. In this connection, will the Government inform this Council:

(a) how the smoking population in this financial year up to the present compares with that of the same period last year, and list the relevant data by age group distribution;

(b) whether the authorities have assessed the reasons for the substantial increase in the number of young smokers by 40% in last year; whether they have followed up the problem; if they have, of the specific measures; if not, the reasons for that; . . .

Reply:

President,

The Government surveys smoking prevalence in the population from time to time.

The last two surveys on the smoking prevalence in the population aged 15 and above were conducted from October 2010 to December 2010 and from November 2009 to February 2010 respectively by the Census and Statistics Department. The smoking prevalence by age groups as found in these two surveys are at Table. The statistics show that the proportion of persons who had a daily smoking habit among all persons aged 15 and above dropped from 12.0% (698,700) to 11.1% (657,000).

All age groups saw a significant drop in smoking prevalence except the age groups of age 60 or above and age 15 to 19.

Jump to full article »

Guidance for Industry: Required Warnings for Cigarette Packages and Advertisements - Small Entity Compliance Guide 

Guidance for Industry: Required Warnings for Cigarette Packages and Advertisements - Small Entity Compliance Guide (pdf - 83KB)

Summary

* This guidance for industry, Required Warnings for Cigarette Packages and Advertisements - Small Entity Compliance Guide, is for a final rule published in the Federal Register on June 22, 2011, establishing requirements for graphic health warnings on cigarette packages and in cigarette advertisements.

* This small entity compliance guide (SECG) is intended to set forth in plain language the requirements of the regulation and to help small businesses understand and comply with the regulation.

Jump to full article »

November 2-3, 2011: TPSAC Meeting Postponement Announcement 

The Food and Drug Administration (FDA) is postponing the Tobacco Products Scientific Advisory Committee meeting scheduled for November 2-3, 2011. This meeting was announced in the FEDERAL REGISTER of September 19, 2011 (76 FR 58019). The meeting is postponed because key participants were unavailable due to unforeseen scheduling conflicts. In the meantime, FDA analysis of industry-submitted documents is ongoing. A new meeting date will be announced in the Federal Register.

Jump to full article »

DOT policy on e-cigarettes (doc) 

Smoking of electronic cigarettes is already banned on U.S. air carrier and foreign air carrier flights in scheduled intrastate, interstate and foreign air transportation. See 49 USC §41706 and 14 CFR Part 252 (Part 252). Nevertheless, we plan to further address this matter in a notice of proposed rulemaking that would amend the existing general regulatory language in Part 252 to explicitly ban smoking of electronic cigarettes aboard aircraft.

Jump to full article »

Smoking of Electronic Cigarettes on Aircraft (doc) 

SUMMARY: The Department of Transportation is proposing to amend its existing airline smoking rule to explicitly ban the use of electronic cigarettes on all aircraft in scheduled passenger interstate, intrastate and foreign air transportation. The Department is taking this action because of the increased promotion of electronic cigarettes and the potential health and passenger comfort concerns that they pose in an aircraft. The Department is also considering whether to extend the ban on smoking (including electronic cigarettes) to charter flights of air carriers (i.e. U.S. carriers) and foreign air carriers with aircraft that have a designed seating capacity of 19 or more passenger seats.

DATES: Comments should be filed by [insert date that is sixty (60) days after publication in the Federal Register.] Late-filed comments will be considered to the extent possible.

Jump to full article »

General Guidance Rules: Notice of Proposed Rulemaking  

Notice of Proposed Rulemaking

Microsoft Word Version 9/2/2011 DOC Format

Federal Register Version 9/15/2011 PDF Format

Jump to full article »