Draft legislation proposes tobacco ban for future generations

Any Gibraltar resident born on or after January 1, 2009, will not be allowed to legally buy tobacco products, under the provisions of draft legislation published today.

The legislation, if approved, would come into effect on January 1, 2027, the date on which those born on or after January 1, 2009, turn 18 years of age.

“This means that that cohort and future generations to come will not be able to be sold tobacco products legally if they are residents of Gibraltar,” the Gibraltar Government said in a command paper published today.

The Bill is being published just days after similar draft legislation in the UK cleared the House of Commons and moved closer to becoming law.

Gibraltar’s legislation would also apply to non-resident juveniles who will not be allowed to buy tobacco products.

Anyone who sells products to a person covered by this legislation could face fines of up to £10,000. Those who hold retail licences could face penalties of up to £20,000 for repeat offences, and revocation of their licence.

The draft legislation covers all tobacco products “…that can either be smoked, sniffed, sucked, chewed or consumed in any other way.”

It even prohibits the importation and sale of sweets, snacks or toys which imitate tobacco products.

Additionally, the legislation will ban the sale of tobacco products by vending machine.

The draft legislation also proposes a ban on the sale and advertising of single-use vapes regardless of age.

“Single-use vapes are by definition meant to be discarded and as a result they are not environmentally friendly, even when they are disposed of properly, although often they are not,” the command paper said.

“The accessibility of these devices in conjunction with the packaging and flavours make them popular with the younger members of the community.”

“An additional benefit of the ban is that younger persons will be shielded from the harmful effects of vaping.”

The draft legislation also proposes prohibiting the sale of nicotine products to anyone under the age of 18.

The sale of such products is currently unrestricted and the intention is to ensure that they are not sold to youngsters.

Vendors will be required to place appropriate signage and be satisfied that a purchaser is old enough to purchase the product.

The legislation to create “smoke-free generations” was first flagged by the Chief Minister, Fabian Picardo, in the ceremonial opening of the Gibraltar Parliament and again in his New Year message last January.

The Bill is being published today in a command paper by Gemma Arias-Vasquez, the Minister for Health, Care and Business, and a consultation period has been opened for public feedback.

“This Command Paper sets out one of the most forward-looking public health proposals our community has ever seen,” Ms Arias-Vasquez said.

“It takes bold but necessary steps to safeguard the wellbeing of future generations, protect our environment and ensure that our young people are not drawn into harmful habits.”

“I look forward to hearing from stakeholders, professionals and members of the public as we go through the public consultation phase of this important legislation.”

The deadline for the consultation is April 22.