Tobacco & Vapour Product Retailers
Retailers have a legal responsibility to ensure that they and their employees understand and comply with the requirements under the Smoke-Free Ontario Act, 2017 (SFOA, 2017).
Tobacco products include:
- pipe tobacco
- heat-not-burn tobacco (heat sticks or capsules)
- other specialty tobacco products (including chewing tobacco, snus and snuff).
Vapour products include:
- electronic cigarettes and components
- e-liquid (e.g., ‘e-juice’)
- e-liquid pods
The SFOA, 2017 prohibits the sale or supply of tobacco products or vapour products to anyone who is less than 19 years old. The Act also prohibits the sale or supply of tobacco or vapour products to anyone who appears to be younger than 25 years old unless ID is provided and the retailer is satisfied that the person is at least 19 years old.
Tobacco and vapour products must not be displayed in a retail store. In addition, tobacco product accessories associated with a brand of tobacco (branded tobacco accessories) (e.g., lighters) also cannot be displayed. This means:
- tobacco products, branded tobacco accessories and vapour products must be hidden from view before they are purchased
- customers are not allowed to handle tobacco products, branded tobacco accessories or vapour products before they purchase them
- store owners must ensure that tobacco products, branded tobacco accessories and vapour products are not displayed to a potential consumer while re-stocking, conducting inventory checks or opening the storage units at any other time
The brief time when a seller opens and closes the storage unit and transfers the product to a customer following purchase is not considered “displaying” the product.
Any inappropriate display of tobacco products, branded tobacco accessories or vapour products – whether intentional or unintentional – could result in charges to the salesperson or store owner.
Examples of acceptable tobacco products, branded tobacco accessories or vapour products storage and dispensing systems include:
- overhead containers where only the clerk can see the products
- below-the-counter drawers or cabinets where only the clerk can see the products
- single package dispensing, gravity-fed devices
- devices that cover shelves with a top-hinge “flip up” cover that close automatically or immediately by gravity. These must be no larger than 30.5 cm (or one foot) in height by 61 cm (two feet) in length, and must open one at a time.
- slim drawers that open in sections and expose only the spine of product packages
- countertop devices and rotating trays of tobacco and vapour products where only the clerk can see them
Examples of unacceptable tobacco products, branded tobacco accessories, or vapour products storage and dispensing systems include:
- ‘garage door’ style covers which, when open, show a large portion of tobacco products, branded tobacco accessories or vapour products
- large cupboards which, when open, allow the customer to see a large selection of the products
- retrofit devices that “flip down” on a bottom hinge, that do not close automatically and would remain open unless properly closed
- curtains or blinds
- horizontal sliding doors such as closet doors
Small tags are permitted on the outside of storage units to help a clerk find the particular products contained in each unit. In the case of tobacco products and branded tobacco product accessories, or vapour products. The tags must:
- use black type on a white background
- use letters up to 14 point type size
- not use logos or colour
- not be larger than 2” x 1” (5 cm x 2.5 cm)
- not include price information
Cannabis Retail Stores (within the meaning of the Cannabis Licence Act, 2018), are exempt from the prohibition on promoting vapour products in the SFOA, 2017.
NOTE: Cannabis Retail Stores are not permitted to display vapour products.
The SFOA, 2017 prohibits stores from promoting the sale of tobacco products, tobacco accessories and vapour products by means of any commercial act or practice or use of any commercial communication, through any media or other means that is intended to or is likely to:
- encourage its purchase or use or the purchase or use of a particular brand
- create an awareness of or an association with it, or with a brand or a manufacturer or seller
A retailer may post up to three signs providing information about tobacco products or tobacco product accessories and their price, and up to three signs providing information about vapour products and their price, in order to inform customers that they sell tobacco products, tobacco product accessories, and/or vapour products.
- the size of the sign cannot be greater than 968 square centimetres
- the sign must have black text and white background
- the sign must not identify a brand of tobacco, tobacco accessory, or vapour product
A retailer may also make available an informational document (e.g., brochure, catalogue) about tobacco products, tobacco product accessories, or vapour products, and their price, if the following conditions are met:
- the document is only made available for viewing inside the retail store and is not removed from the store; and
- the document cannot be viewed by a person who is less than 19 years old, other than the owner or occupier of the retail store or one of their employees. (For the purposes of this condition, a person who appears to be less than 25 years old is deemed to be less than 19 years old unless the person making the document available has required that person to provide identification and is satisfied that the person is at least 19 years old).
“No Smoking” and “No Vaping” signs, or a dual “No Smoking and No Vaping” sign must be posted at all store entrances, exits, washrooms, in appropriate locations and sufficient numbers, so that employees and customers know that smoking and vaping is not permitted.
All stores selling tobacco products must post, in clear view of the customer at the point of sale:
- a Tobacco Product Age Restriction sign
- a Tobacco Product Identification sign
Vapour Product Retailers
All stores selling vapour products must post, in clear view of the customer at the point of sale:
- a Vapour Product Age Restriction sign
- a Vapour Product Identification sign
Order or print “No Smoking”, “No Vaping” and retailer signs for your establishment.
Age-Based Sales Restrictions
Before selling tobacco or vapour products to anyone who appears to be less than 25 years old, a retailer must request identification and be satisfied that the person is at least 19 years old. Acceptable identification must include a photograph of the person, the person’s date of birth and it must reasonably appear to have been issued by a government or the Liquor Control Board of Ontario. Some examples are:
- Ontario driver’s license
- Ontario photo card
- Canadian passport
- Canadian citizenship
- Canadian Armed Forces identification card
- Liquor Control Board of Ontario photo card
While retailers may not request an Ontario health card, it can be accepted as identification if it is offered by the customer and includes their picture and date of birth.
The SFOA, 2017 states that the business owner is liable for any violation of the Act’s sale, display or promotion restrictions committed in their business, unless the owner exercised due diligence to avoid a violation (e.g., properly trained employees on the requirements of the Act).
100% Vape and Smoke-Free
Business owners have a responsibility to ensure that the entire premises are smoke-free and vape-free at all times.
Certain activities prohibited under the Act are categorized as Tobacco Sales Offences. These include:
- selling or supplying tobacco to someone under the age of 19
- failing to request identification from someone appearing to be less than 25
- failing to post the mandatory Tobacco Product Age Restriction identification and Tobacco Identification signs
- selling tobacco not packaged in accordance with the regulations
- selling tobacco in a vending machine
- some activities related to selling unmarked cigarettes under the Tobacco Tax Act.
If the Ministry of Health is notified that there are two or more owner convictions for tobacco sales offences committed in the same location within a five year period, even if the ownership changes, that location will be subject to an automatic prohibition. If that were to happen, that location could not sell or store any tobacco and no wholesaler or distributor could deliver tobacco to that location. An automatic prohibition lasts for six, nine or twelve months, depending on the number of convictions for tobacco sales offences that have taken place within the five year period.
Retailers are advised to review the SFOA, 2017 to understand more about this penalty.