Restriction on Smoking (Warning Notices) (Jersey) Regulations 2010

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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
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A decision made on 18 October 2010 regarding approval of the draft Restriction on Smoking (Warning Notices) (Jersey) Regulations 2010

Decision Reference: MD-HSS-2010-0046
Decision Summary Title :	Restriction on Smoking (Warning Notices) (Jersey) Regulations 2010		Date of Decision Summary:	7 October 2010
Decision Summary Author:	Head of Health Improvement (Public Health Department)		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Restriction on Smoking (Warning Notices) (Jersey) Regulations 2010 – A Summary Report		Date of Written Report:	4 June 2010
Written Report Author:	Head of Health Improvement (Public Health Department)		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Restriction on Smoking (Warning Notices) (Jersey) Regulations 2010
Decision(s): The Minister approved the draft regulations on the Restriction on Smoking (Warning Notices) (Jersey) Regulations 2010
Reason(s) for Decision: The States of Jersey Tobacco Strategy (2003) aims to reduce smoking prevalence in Jersey. Pictorial warnings on tobacco products will strengthen current health warnings and help reduce the number of new smokers and existing smokers to attempt to quit.
Resource Implications: Any increased demand on smoking cessation service will be managed within existing resources. Monitoring arrangements for compliance with the new regulations will continue to be led by the Customs and Excise Department and Trading Standards Department as part of their existing duties.
Action required: Request that Regulations on Restriction on Smoking (Warning Notices) (Jersey) Regulations 2010 are endorsed and lodged with the Greffe for debate by the States Assembly.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):

Restriction on Smoking (Warning Notices) (Jersey) Regulations 2010

Restriction on Smoking (Warning Notices) (Jersey) Regulations 2010 – A Summary Report

Protecting the Public’s Health

Smoking is the greatest single cause of preventable illness and premature death in Jersey, killing around 150 Islanders a year. Half of all those people who continue to smoke for most of their lives are likely to die as a result of their habit.

As part of a comprehensive series of measures aimed at reducing the prevalence of smoking locally, the States of Jersey Tobacco Strategy (2003) committed to introduce a series of legislative changes to reduce the harm caused by tobacco. The most recent change being the Restriction on Smoking (Workplaces) (Jersey) which has coincided with a continued drop in smoking rates to an all time low of 19% in adults and 17% in children under 16 years old.

Extending Health Warnings

Health warnings on tobacco packs are now an established method for informing smokers of the health risks associated with smoking and, as such, are an integral element of Jersey’s tobacco control programme.

There are two benefits for locating health warnings on tobacco packaging. The first is frequency of exposure - an individual who smokes one pack a day is potentially exposed to a health warning 7300 times a year - and secondly, the location on the actual pack means the consumer is confronted with the warning when deciding to smoke or to purchase a tobacco product. Effective health warnings create a situation of informed consent whereby smokers will be aware of the potential health effects of their actions.

Tobacco packaging is also a key marketing tactic for tobacco companies. The more of the pack that is given over to health warnings, the less impact brand imagery is likely to have.

Policy aims of the Regulations

· To reinforce the current written warnings with pictorial images of the harm caused by tobacco.

· To discourage the number of young people from starting to smoke

· To provide encouragement to smokers to quit

How is the law to achieve that effect?

The Restriction on Smoking (Jersey) Law 1973 allows provision for the States of Jersey to make further Regulations concerning warning notices on cigarettes or tobacco products imported to or manufactured in Jersey, warning of the danger to health of smoking and the use of tobacco. In summary the regulations require tobacco products intended for sale in Jersey to;

· to carry the specified written and pictorial health warnings that are consistent with existing regulatory requirements in the United Kingdom and European Union

· meet the specific size and appearance of those warnings

· requires packets of cigarettes to carry a statement of nicotine, tar and carbon monoxide yields

The regulations also prohibit the supply of tobacco products that carry any name, text or other representation or sign that suggests the product is less harmful than others.

A specific picture schedule is set out for tobacco sold in the travel retail sector.

Public Consultation

A joint period of public consultation took place in January 2008. The public were consulted on three aspects of the regulatory proposals. Firstly, which pictures they would like to see on tobacco packaging, secondly, the timeline for implementation and finally the lead for enforcement.

Fourteen pictures have now been identified from the European Commission library. These pictures are the same as those required by current UK regulations. It is proposed that the last date of manufacture and import for all cigarettes (with written warnings only) will be 12 months after regulations are laid and a further 12 months before the last date of sale for all other tobacco products.

The Public Health Department are identified as the lead enforcement and monitoring agency for Jersey.

Maintaining Momentum

Monitoring and measuring smoking rates is now established via the Jersey Annual Social Survey and the Health Related Behaviour Survey. Despite good progress, smoking remains the biggest preventable cause of death in Jersey with approximately one in five islanders addicted to tobacco. These regulations represent an ongoing investment in avoiding premature death and disease caused by tobacco.

Andrew Heaven

Head of Health Improvement

18 June 2010