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Anger over changes to tobacco legislation

Cracking down: The Bill bans the sale of flavoured tobacco products and smoking electronic cigarettes indoors (Photograph by Blaire Simmons)

Legislation laying down a raft of new smoking restrictions has come under fire from the owners of specialised tobacco businesses.

However, the Ministry of Health revealed last night that the sale of premium cigars would still be permitted at public events.

The Tobacco Control Bill 2015 was tabled in the House of Assembly in June by Jeanne Atherden, the Minister of Health. But its introduction before Parliament has sparked criticism from firms that specialise in selling tobacco products for threatening their livelihood.

Business owners told The Royal Gazette that they were disappointed to have never been consulted when the Bill was drawn up.

“It’s appalling that the businesses that this really affects were never even asked to contribute their thoughts when the Bill was drafted,” said Alfonso Harris, the manager of Churchill’s in St George’s.

“I am all for keeping cigarettes and tobacco away from minors, but this legislation has repercussions for those of us in the industry that don’t seem to have been considered at all.”

Since the original legislation contained no mention of an exception for cigars, Mr Harris questioned whether his business could still operate cigar stalls for tourists at Dockyard, or at sporting events such as the Rugby Classic and Harbour Nights.

Section 18 of the Bill states: “No person shall employ or authorise anyone to promote cigarette products, tobacco products or smokeless tobacco products at any place where the public is invited.”

Cigar-roller Grant Kennedy, who owns the Bermuda Cigar Company, told The Royal Gazette: “If there are no changes to the legislation that has been tabled — which relates to cigarettes and tobacco products — then my cigar rolling in public is promotion and that would pretty much end what I do.

“Having said that, I am hopeful that a differentiation will be made between cigars and cigarettes in the proposed legislation that would allay these fears.

“Meetings have taken place between the stakeholders and Government with this in mind, and I would like to see that consultation process continue.”

According to the ministry, cigars are exempt because, unlike cigarettes, they are composed wholly of the leaf of the tobacco plant. So while the promotion of cigars at an event such as Harbour Nights would be banned, their sale would not be.

In a statement, the ministry said the Bill was necessary to implement obligations under the World Health Organisation’s framework convention on tobacco control.

“In the last decade, international controls of these known carcinogens have escalated, and Bermuda’s tobacco control laws are being updated in accordance with international standards,” the ministry said.

The Bill makes it illegal for a person to “display or promote” a tobacco product by an advertisement that depicts such a product.

It also provides that smoking is illegal in any “enclosed public place, workplace or public conveyance”.

Michael Heslop, who manages in the Smoke House in the Victoria Mall, believes that the new regulations will lead to a 30 per cent decline in his sales.

“This will have a knock-on effect on a lot of businesses other than the specialised tobacco ones,” he said.

“It is heavy-handed and has not been thought through.

“What’s worse is they have not even asked the people who work in this industry in Bermuda when drafting the legislation.

“This new legislation effectively bans all of our wraps, our shisha, our flavoured cigars — some of which are made in Bermuda, our hand-rolled Indian bidis and other products.

“We all understand and appreciate the need to restrict aspects of the tobacco industry and I believe the minister wants to do the right thing.

“But there are consequences of this legislation that have not been thought through, such as preventing stores importing cigarettes from Canada because they come in packs of 25, or selling single cigars.

“There are lots of little things in this Act that just mount up. However, what is most disappointing is the lack of consultation.”

The Bill bans the smoking of electronic cigarettes indoors and the sale of flavoured tobacco products.

The proposed legislation prevents retailers from displaying cigarette products, tobacco products, smokeless tobacco products or rolling papers in a shop.

It also bans the sale of cigarettes other than in pre-packaged quantities of 20 in their original packages, while sales from vending machines is prohibited.