Tobacco Display Ban Regulations
Effective May 31, 2008.

Released December 12, 2007

Extracts from written communications from
Denis Gertler, Director of Smoke Free Ontario
to Dave Bryans, President of Ontario Convenience Store Association

ENFORCEMENT PRINCIPLES

  1. Proprietors have a responsibility to ensure their tobacco is not displayed or stored in a manner that will permit the consumer to view tobacco prior to purchase.
  1. Proprietors must be diligent in ensuring staff understand and are compliant with this provision.
  1. A purchase transaction that includes a brief time between opening and closing a storage device and transferring the product to a consumer does not constitute a display for the purposes of the tobacco display ban.  Brief is defined to mean a minimal and momentary time as required to select a tobacco product and deliver it to the customer in a single transaction.
  1. Any action, intentional or unintentional, by a person that demonstrates tobacco products contained in a storage device, which may otherwise be an acceptable device in order to show product availability would be considered an offence of the Act.
  1. Proprietors continue to be responsible for ensuring compliance with all other requirements of the Act, including the prohibition on promoting or enhancing tobacco products.
  1. Apart from #3 above, proprietors are responsible for ensuring that tobacco products are not displayed to a potential consumer while re-stocking, conducting inventory checks, or any other process that may require the storage device to be opened and tobacco products viewed.

STORAGE AND DISPENSING DEVICES

Provided they are constructed and used in compliance with the principles as outlined above, and with all other applicable provisions of the Smoke-Free Ontario Act, the following are examples of acceptable storage and dispensing systems:

  • Overhead containers with tobacco products that are only visible to the clerk.
  • Below-the-counter drawers or cabinets with tobacco products only visible to the clerk.
  • Single package dispensing, gravity-fed devices.
  • Retrofit devices covering shelves with top hinge “flip up” covers which close automatically or immediately by gravity, no larger than sections one foot (30.5 cm) in length which open one at a time.
  • Slim drawers that open in sections and expose only the spine of cigarette packages.
  • On-the-counter devices and rotation trays of tobacco products, only visible to the clerk.

The following are examples of unacceptable storage and dispensing systems:

  • Garage door style covers which open to display the whole or large portion of the stock of tobacco products.
  • Large cupboards which open to permit the consumer to view the display of larger quantities of tobacco products.
  • Retrofit devices covering shelves with bottom hinge “flip down” covers that do not close automatically and would remain open unless lifted back into a closed position.
  • Curtains or blinds.
  • Horizontal sliding doors (like closet doors).