THE use of Electronic Nicotine Delivery systems (ENDS), also known as e-cigarettes, and other vaping devices in public spaces are to fall under the scope of the Tobacco Control Act 2020, which is now being reviewed by a joint select committee of Parliament. The provision goes beyond the traditional tobacco products, as the Government seeks to fill gaps in the current legislation to make the country fully compliant with the World Health Organization (WHO) Framework Convention on Tobacco Control (FTCC).

In a clause by clause review of the proposed Bill at yesterday’s meeting of the committee, Albert Edwards, legal consultant, Ministry of Health and Wellness, pointed out that the legislation would apply to the electronic devices, even though their aerosol emissions do not contain nicotine.The Bill defines tobacco device as those manufactured for the purpose of consuming a tobacco product by producing an aerosol or vapour for inhalation, without igniting the tobacco, and includes any item or part which is made for use with such devices, even if they are sold separately. This can include “any tank, capsule or pod”, according to the provision.

The proposed Bill prohibits holding or smoking a lit electronic tobacco product in public places such as bus stops, schools, government-occupied buildings supermarkets, areas designated for use by children, sport and recreational facilities, and health facilities, including pharmacies.Also, a vehicle can be defined as a “workplace”, Edwards noted. “If you’re employed in an industry or an activity that requires you to be in a vehicle, the vehicle is your workplace. So, the restrictions in relation to ensuring a smoke-free environment, that applies in relation to a vehicle, whether it be a bus, a truck, a plane,” he explained.Seacraft and aircraft are also included in the forms of transportation where smoking is to be prohibited. “Once there is a connection with Jamaica, then they fall within the definition of public conveyance — so we’re not talking about your private motor vehicle,” Edward said.

People could find themselves in trouble with the law for holding a lit or electronic tobacco product within 16 feet or five metres of all entrances, exits, windows, and ventilation intakes of the spaces covered under the Bill.“So the idea is that even if you’re not at or in that location, once you’re within five metres, you are in breach and this seeks to recognise the significant health consequences of second-hand smoke,” the legal consultant stressed. He pointed out also that whether a public space is occupied at the time by individuals other than the person who is smoking, it would still be an offence under the new law.

The law allows for outdoor smoking areas in certain settings such as bars, restaurants, clubs, and tourism establishments. However, these areas must be at least 10 metres away from any structure or area where smoking is banned, and not necessary for access by non-smokers.

Penalties are graduated, taking into consideration previous offences, and having corporate entities pay heavier fines than individuals.

The Bill, which was tabled in Parliament on December 1 last year, to a significant degree restates provisions that are already in the current law. There are, however, new areas of focus in relation to education, communication training and public awareness, prohibition on advertising, promotion, and sponsorship; demand reduction measures, tobacco dependence, control of the illicit trade, and sales to, and by minors.The committee has invited comments and presentations from stakeholders, including members of the public.