Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009: Law drafting instructions for Regulations relating to sale and supply of e-cigarettes

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 18 September 2015:

Ministerial Decision: MD-HSS-2015-0030

Decision Summary Title :

Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009 - draft Regulations under Article 2

Date of Decision Summary:

8 September 2015

Decision Summary Author:

Head of Health Improvement

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Report:

Head of Health Improvement

Written Report

Title :

Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009

Regulations Restricting the sale of e-cigarettes to under 18s

Date of Written Report:

27 August 2015

Written Report Author:

Head of Health Improvement

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: The Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009

Decision(s):

The Minister decided to rescind MD-HSS-2015-0025, dated 16th July 2015, which related to a law drafting request for amendments to the Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009, and instead to request law drafting time to prepare Regulations under Article 2 of the Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009 to bring into effect a restriction of the sale and supply of e-cigarettes to under 18 year olds.

Reason(s) for Decision:

The decision to rescind MD-HSS-2015-0025 is due to an administration error which incorrectly

requested an amendment to the primary law, the Protection of Children (Restriction on Supply of

Goods) (Jersey) Law 2009. The correct action required to bring into force a restriction on the sale and supply of e-cigarettes and vaping products to under 18 year olds is to draft Regulations under Article 2 of the Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009.

The decision to draft these Regulations is to protect the health of those under 18 years from a recreational addiction to nicotine as well as the health harms from using e-cigarettes and other inhaled vaporised products. The States of Jersey Tobacco Control Strategy (2010 - 2015) aims to reduce the harms of tobacco to families and the community. Nicotine is the active ingredient in tobacco increasing heart rate and blood pressure and stimulating the nervous system. Nicotine is also found in e-cigarettes. Nicotine is an addictive substance and should not be supported for recreational use in under 18’s. E-cigarettes are reported to be safer than smoking but are not risk free and as well as addictive nicotine have been found to include a range of dangerous toxins and chemicals. E-cigarettes are currently unregulated leaving under 18s at risk.

Resource Implications:

This additional age restricted product would be captured alongside other products under the existing proof of age scheme. There are no additional financial or manpower implications arising.

Action required:

The Department will prepare instructions to the Law Draftsman to prepare the regulations.

Signature:

Position:

Minister for Health and Social Services

Date Signed:

Date of Decision (If different from Date Signed):

Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009: Law drafting instructions for Regulations relating to sale and supply of e-cigarettes

The Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009

Drafting regulations to restrict the sale of e-cigarettes to under 18’s

Report

Background

Electronic (e) cigarettes (also known as vaporisers) are often, although not always, designed to look like cigarettes. There are three main types:

Disposable products which cannot be re-charged
Re-chargeable which come with replaceable pre-filled cartridges
Tank systems which come with a tank or reservoir which the user fills with liquid nicotine and are re-chargeable.

The liquid in the device usually contains a variable amount of nicotine and may also contain flavorings. When the liquid is heated it evaporates and delivers nicotine to the user in the form of vapor. Some nicotine vapor is delivered into the air as the smoker inhales.

E-cigarettes are not risk free.

Most, but not all e-cigarettes also contain nicotine.
Nicotine is an addictive drug that stimulates the nervous system, increasing the heart rate and blood pressure.
Nicotine has been linked with harms for people with existing heart conditions and can lead to impaired growth of babies during pregnancy (In this context Nicotine Replacement Therapy is licensed for use and is the preferred source of nicotine to support stopping smoking and is in the best interests for the health of mother and baby). Any potential risks from nicotine within Nicotine Replacement Therapy should always be viewed in the context of the known harms from continuing smoking.

Additionally, various cocktails of chemicals have been found in the vaporising systems of e-cigarettes many of which are known to cause different cancers.

In the absence of effective regulation it is not possible to offer any assurance over the relative level of safety, quality and effectiveness across the growing range of available products. E cigarettes are relatively new phenomena and therefore the medium and longer term effects are not yet known.

Nationally and Internationally there is growing concern of indicators of increasing use of these products by under 18’s. Although likely less harmful than using tobacco the long term health effects are largely unknown. The UK parliament have recently agreed to restrict sale to under 18’s with this coming into force on October 1st 2015. The Minister for health would urgently like to follow suit.

The implementation of these future regulations controlling nicotine containing products would be consistent with meeting the Tobacco Control Strategy (2010 - 2015) key objective of protecting families and communities from tobacco related harm.

Summary

Given the current questions over safety and health risks of e-cigarettes it is the responsibility of the States of Jersey to protect Children and Young people from the known and unknown future harms of these products. It is therefore recommended to commence drafting of regulations under The Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009, that will bring into effect a restriction of the sale of e-cigarettes to under 18 year olds.

Financial and manpower implications

This age restricted product would be captured alongside other products under the existing proof of age scheme. There are no additional financial or manpower implications arising.

03-09- 2015

Martin Knight

Head of Health Improvement

Public Health Directorate

Health and Social Services