Section 2

barter or exchanging of goods;

offering or attempting to sell;

causing or allowing to be sold;

exposing for sale;

receiving, sending, conveying, distributing, transmitting or delivering for sale or exchange or by sale or exchange or in pursuance of such sale or exchange;

Control of Smoking Products For Public Health 9

supplying any tobacco product, smoking substance or substitute tobacco product where a reward is to be received by the supplier for such supply either specifically or as part of a service contracted for sale;

having in possession any tobacco product, smoking substance or substitute tobacco product for sale or exchange; or

having in possession any tobacco product, smoking substance or substitute tobacco product knowing that the tobacco product, smoking substance or substitute tobacco product may be sold, offered, displayed or exposed for sale, or disposed of, for any consideration, and this includes electronic sale;

“Minister” means the Minister charged with the responsibility for health;

“smoking” means inhaling and expelling the smoke or vapour, of any tobacco product or substitute tobacco product, and includes the holding of or control over any tobacco product or substitute tobacco product which is ignited, heated or vaporized or used in any other methods;

“minor” means any person under the age of eighteen years;

“authorized officer” means any medical officer of health, or any environmental health officer or assistant environmental health officer of the Ministry of Health or of any local authority, or any suitably qualified person, appointed by the Minister to be an authorized officer under section 24;

“manufacturer” includes any person who packs or labels a tobacco product, smoking substance or substitute tobacco product;

“importer” includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of, or is otherwise entitled to the custody or control, of a tobacco product, smoking substance or substitute tobacco product which is imported;

“body corporate” means a company, limited liability partnership, firm or other body of persons;

Act 852

“premises” includes—

any building or tent or any other structure, permanent or otherwise together with the land on which the building, tent or other structure is situated and any adjoining land used in connection therewith; or

any vehicle, conveyance, vessel or aircraft used for or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of any tobacco product, smoking substance or substitute tobacco product;

“substitute tobacco product” means any product or processed product, other than a tobacco product, that is capable of being smoked, whether with or without smoking substance;

“tobacco product” means processed tobacco or any product that contains tobacco which is designed for human consumption;

“tobacco” means any product obtained from the leaf of Nicotiana tabacum or other Nicotiana species, whether in the state of uncured or cured state and includes the hybrid of these species, hybrid as a result of the cross of these species or hybrid with any other tree species or other hybrid, or the version of species which is genetically engineered or hybrid of such species.

For the purposes of this Act, a reference to “smoking products” shall be construed as a reference to tobacco products, smoking substances or substitute tobacco products.