{"kind":"expression","expression":{"expr_id":"24776","doc_id":"67189","label":"Tobacco (Amendment) Bill, 2026","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/bill\/2026\/19\/eng@2026-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/bill\/2026\/19\", \"expression\": \"\/akn\/ky\/bill\/2026\/19\/eng@2026-01-01\", \"manifestation\": \"\/akn\/ky\/bill\/2026\/19\/eng@2026-01-01.pdf\"}, \"pdf\": {\"md5\": \"ada528c9fb73f5fc55afb3d1af329477\", \"path\": \"\/home\/q\/Dropbox\/coding\/kyleg-data\/working\/BILLS\/2026\/2026-0019\/2026-0019.pdf\", \"pages\": 23, \"filename\": \"2026-0019.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 6827, \"paragraph_count\": 26, \"text_char_count\": 42875}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-08-14\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": null, \"doc\": null, \"bill\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"A BILL FOR AN ACT TO AMEND THE TOBACCO ACT, 2008 TO PROVIDE FOR THE PROTECTION OF PUBLIC HEALTH BY REGULATING THE IMPORTATION, MANUFACTURE, PACKAGING, LABELLING, SELLING, ADVERTISING, PROMOTION AND USE OF VAPING PRODUCTS ; TO PROVIDE FOR THE PROTECTION OF MINORS BY RESTRICTING THE USE OF VAPING PRODUCTS AND NICOTINE PRODUCTS TO PERSONS AGED EIGHTEEN YEARS OR OLDER; TO PROHIBIT THE IMPORTATION, MANUFACTURE, PACKAGING, LABELLING, SELLING, ADVERTISING AND PROMOTION OF DISPOSABLE VAPING PRODUCTS IN THE ISLANDS IN ORDER TO REDUCE NICOTINE ADDICTION IN MINORS AND YOUNG PEOPLE; AND FOR INCIDENTAL AND CONNECTED PURPOSES Introduced PUBLISHING DETAILS Sponsoring Ministry\/Portfolio: Ministry of Health, Environment and Sustainability Objects and Reasons Introduced Memorandum of OBJECTS AND REASONS This Bill seeks to amend the Tobacco Act, 2008, the \u201cprincipal Act\u201d, to provide greater protection for public health by regulating the importation, manufacture, packaging, labelling, selling, advertising, promotion and use of vaping products. This Bill seeks to prohibit the use of nicotine products by minors and the sale of such products to minors. Further, this Bill prohibits the importation, manufacture, packaging, labelling, selling, advertising and promotion of disposable vaping products in order to reduce nicotine addiction in minors and young people. The prohibition in relation nicotine products is important for the protection of minors and young people. Research shows that minors and young people gravitate to nicotine products due to their affordability, accessibility and flavoured appeal. In January 2024, the World Health Organization issued an advisory about the adverse impacts of vaping products (\u201ce-cigarettes\u201d) on the health of individuals, particularly the fact that such use significantly increases the risk of addiction, poisoning and inhalation toxicity. The advisory states, among other things, as follows \u2014 \u201cENDS contain varying amounts of nicotine and harmful emissions. E-cigarette emissions typically contain nicotine and other toxic substances that are harmful to both users and non-users who are exposed to the aerosols second-hand. Some products claiming to be nicotine-free (ENNDS) have been found to contain nicotine. Nicotine exposure in pregnant women can adversely affect the development of the fetus.  Further, the consumption of nicotine in children and adolescents has negative impacts on brain development, leading to long-term consequences for brain development and potentially leading to learning and anxiety disorders. Nicotine is highly addictive and harmful to health. Additionally, high quality epidemiology studies consistently demonstrate that e-cigarettes use increases conventional cigarette uptake, particularly among non-smoking youth, by nearly 3 times. Evidence reveals that these products are harmful to health and are not safe. However, it is too early to provide a clear answer on the long-term impact of using them or being exposed to them. Whilst long-term health effects are not fully known, we do know that they generate toxic substances, some of which are known to cause cancer and some that increase the risk of heart and lung disorders. Electronic delivery systems have also been linked to a number of physical injuries, including burns from explosions or malfunctions, when the products are not of the expected standard or are tampered with by users. Objects and Reasons Introduced Accidental exposure of children to ENDS e-liquids pose serious risks as devices may leak or children may swallow the poisonous e-liquid.\u201d This Bill is, therefore, a critical public health response to significant technological and market developments in electronic nicotine delivery systems. Clause 1 provides for the short title and commencement of the legislation. Clause 2 amends the principal Act by \u2014 (a) deleting the word \u201cGovernor\u201d wherever it appears and substituting the word \u201cCabinet\u201d; (b) deleting the word \u201cLaw\u201d wherever it appears and substituting the word \u201cAct\u201d; and (c) deleting Roman numerals in references to Parts and substituting Arabic numerals. The above amendments are to ensure that archaic language in the legislation is updated. Clause 3 amends section 1 of the principal Act by deleting the short title and substituting the proposed new short title \u201cTobacco and Vape Act, 2026\u201d. Clause 4 provides for the interpretation of words used in the legislation. These include \u201cecigarette\u201d, \u201cemission\u201d, \u201cvaping product\u201d and \u201cnicotine product\u201d. The word \u201ce-cigarette\u201d is defined as a type of vaping product. The word \u201cemission\u201d is defined as any substance or combination of substances that is produced when a tobacco product or a vaping product is used and includes smoke, vapour or aerosol. The words \u201cnicotine product\u201d mean a product containing nicotine, regardless of source, that is intended for vaping or human consumption and includes disposable vaping products, flavoured vaping products and nicotine pouches. A \u201cvaping product\u201d is defined as \u2014 (a) a device that produces emissions in the form of an aerosol and that is intended to be brought to the mouth for inhalation of the aerosol; (b) a part that may be used with a device referred to in paragraph (a); (c) a substance or mixture of substances, whether or not it contains nicotine, regardless of source, that is intended for use with a device referred to in paragraph (a). Clause 5 repeals and substitutes section 3 of the principal Act which provides for restrictions on dealing with tobacco products. The effect of the amendment is that restrictions that currently apply to tobacco products will now apply to vaping products. The proposed section 3 provides that a person shall not manufacture, package, label, sell, advertise or promote a vaping product except in accordance with this legislation. The section also provides that a person shall not import a vaping product except in accordance with the Customs and Border Control Act (2024 Revision) and the Customs Tariff Act (2026 Revision). Objects and Reasons Introduced Clause 6 provides for proposed new section 3A which prohibits dealing with disposable vaping products. Pursuant to this proposed section, a person shall not import, manufacture, package, label, sell, advertise or promote disposable vaping products. Clause 7 amends section 4 of the principal Act to include references to vaping products, thereby making registration a prerequisite for obtaining a licence to trade in vaping products. Clause 8 provides for proposed new sections 4A and 4B which set out a more comprehensive procedure for the renewal of a Certificate of Registration as a dealer in tobacco products or vaping products. These proposed new sections 4A and 4B are necessary to address the procedure for renewal of a Certificate of Registration issued under section 4(2) of the principal Act. This expanded procedure now gives an applicant for renewal an opportunity to make written submissions to the Chief Officer in the event that the Chief Officer refuses to grant renewal of a Certificate of Registration. Clause 9 amends section 5 of the principal Act to require that importers and wholesale distributors of vaping products provide the Chief Officer with information on emissions in respect of relevant vaping products. Clause 10 repeals and substitutes section 6 of the principal Act. The proposed section 6 provides for the display of messages regarding health on vaping products. The effect of this amendment is that a person shall not manufacture, sell or import a vaping product unless the package in which it is contained displays, in the prescribed form and manner, the prescribed information with regard to \u2014 (a) the product and emissions from the product; (b) the health hazards and health effects arising from the use of the product or from its emissions; (c) the nicotine content of the product; and (d) health warnings about nicotine addiction. Clause 11 repeals and substitutes section 7 of the principal Act. The proposed new section 7 incorporates vaping products under the prohibition against promotion that currently applies to tobacco products in the principal Act. Clause 12 amends section 8 of the principal Act to ensure that vaping products are included under the prohibition against promotion of identical or similar products, that currently applies to tobacco products in the principal Act. Clause 13 repeals and substitutes section 9 of the principal Act which deals with consideration as an inducement to purchase. The amendment prohibits a person, in the course of business, from offering consideration or free samples as an inducement to purchase tobacco products or vaping products. Clause 14 repeals and substitutes section 10 of the principal Act, which deals with the sale of tobacco products, to include vaping products and nicotine products. The effect of this is that \u2014 Objects and Reasons Introduced (a) a person will be prohibited from selling a vaping product or a nicotine product to a minor; (b) a person will be prohibited from making available a vaping product or a nicotine product for consumption by a minor; (c) a person will be prohibited from hiring or using a minor to sell or otherwise handle a vaping product or a nicotine product; and (d) a minor will be prohibited from buying a vaping product or a nicotine product, whether for the minor\u2019s own use or otherwise. Clause 15 repeals and substitutes section 11 of the principal Act, which deals with display of tobacco products, to include vaping products. The effect of the amendment is that a retailer shall not sell a tobacco product or a vaping product unless the retailer does so at the request of the purchaser. However, a retailer may post a sign indicating \u2014 (a) the availability of tobacco products or vaping products for sale; (b) the specific products or brands available for sale; and (c) the prices of the products. Clause 16 amends section 12 of the principal Act which deals with the use of tobacco products, to include the use of vaping products. The effect of this amendment is that a person shall not vape in or within ten feet of a public place. The exceptions that currently apply to smoking will also apply to vaping. Further, the management of all public places where smoking and vaping are prohibited shall post signs, as may be prescribed, indicating that the establishment is smoke-free and vape-free. The signs shall visibly bear the no-smoking or no-vaping symbol. Clause 17 amends section 14 of the principal Act to provide that an Authorised Officer may enter premises in which the Authorised Officer believes, on reasonable grounds, that a vaping product is used, manufactured, tested, stored, packaged, labelled or sold. Clause 18 amends section 15 of the principal Act which deals with powers of Authorised Officers, to include references to vaping products. Pursuant to this amendment, when carrying out an inspection an Authorised Officer may, among other things \u2014 (a) examine a vaping product; (b) require anyone on the premises to produce for inspection, in the manner and form requested by the Authorised Officer, the vaping product; (c) open, or require anyone on the premises to open, any container or package found on the premises that the Authorised Officer believes, on reasonable grounds, contains a vaping product. Clause 19 amends section 17 of the principal Act which deals with entry in a dwelling house, to include vaping products. The effect of this amendment is that an Authorised Officer may not enter a dwelling house which the Authorised Officer suspects is being used for the manufacture or sale of vaping products, unless the occupant of the dwelling house consents or a warrant has been issued by a magistrate or Justice of the Peace. Objects and Reasons Introduced Clause 20 amends section 19 of the principal Act, which deals with seizure, to include references to vaping products.  Pursuant to this amendment, an Authorised Officer may now seize and detain vaping products if the Authorised Officer believes, on reasonable grounds, that this legislation has been contravened. Clause 21 amends section 20 of the principal Act which deals with application for restoration, to include references to vaping products. The effect of this amendment is that a person from whom a vaping product was seized may, within ten days after the date of seizure, apply to a magistrate or Justice of the Peace for an order of restoration. The magistrate or Justice of the Peace may order that the vaping product be restored immediately to the applicant if, on hearing the application, the magistrate or Justice of the Peace is satisfied \u2014 (a) that the applicant is entitled to possession of the vaping product; and (b) that the vaping product is not and will not be required as evidence in proceedings in respect of an offence under this legislation. Clause 22 amends section 21 of the principal Act which deals with forfeiture, to include references to vaping products.  The effect of this amendment is that, where a court does not order the restoration of vaping products that have been seized, the seized products may be forfeited to the Crown and may be disposed of as the court directs. Clause 23 amends section 22 of the principal Act which deals with offences and penalties, to include references to vaping. The penalty under the proposed section 3A is provided for under section 22. It is an offence for a person to import, manufacture, package, label, sell, advertise or promote disposable vaping products. If a person contravenes the proposed new section 3A the person commits an offence and is liable on summary conviction \u2014 (a) for a first offence, to a fine of fifteen thousand dollars; and (b) for a subsequent offence, to a fine of thirty thousand dollars and imprisonment for twelve months. Clause 23 also amends section 22 of the principal Act by deleting references to the archaic words \u201cis guilty of an offence\u201d and substituting the modern formulation of \u201ccommits an offence\u201d. Clause 24 amends section 23(1) of the principal Act by deleting the archaic words \u201cis guilty of an offence\u201d and substituting the modern formulation of \u201ccommits an offence\u201d. Clause 25 amends section 25 of the principal Act which deals with the power to make regulations, to include references to vaping. The effect of the amendment is that the Cabinet may make regulations, among other things \u2014 (a) prescribing the location, content and format of the signs required to identify vape-free establishments; (b) respecting the content and format of information that must appear on vape packages and in leaflets; Objects and Reasons Introduced (c) respecting the information that may not appear on vape packages; (d) prescribing time schedules for the implementation of promotional restrictions regarding vape products; (e) prescribing the forms of identification to be tendered by a prospective purchaser of a vaping product seeking to establish that the purchaser is not a minor; and (f) prescribing the quantities of a vaping product to be sold in a single package or the maximum limit in relation to the nicotine level in a single vaping product. Arrangement of Clauses Introduced Arrangement of Clauses Clause 1.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"General amendments to the Tobacco Act, 2008 - references to Governor; references to 3. 4. 5. 6.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Amendment of section 4 - registration as a prerequisite for obtaining a licence to trade in\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Insertion of sections 4A and 4B - application for renewal of registration as dealer in 9. 10. 11.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Amendment of section 8 - prohibition against promotion of product identical or similar to a 13. 14. 15. 16. 17. 18. 19.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Arrangement of Clauses Introduced 21. 22. 23. 24.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Clause 1 Introduced A BILL FOR AN ACT TO AMEND THE TOBACCO ACT, 2008 TO PROVIDE FOR THE PROTECTION OF PUBLIC HEALTH BY REGULATING THE IMPORTATION, MANUFACTURE, PACKAGING, LABELLING, SELLING, ADVERTISING, PROMOTION AND USE OF VAPING PRODUCTS; TO PROVIDE FOR THE PROTECTION OF MINORS BY RESTRICTING THE USE OF VAPING PRODUCTS AND NICOTINE PRODUCTS TO PERSONS AGED EIGHTEEN YEARS OR OLDER; TO PROHIBIT THE IMPORTATION, MANUFACTURE, PACKAGING, LABELLING, SELLING, ADVERTISING AND PROMOTION OF DISPOSABLE VAPING PRODUCTS IN THE ISLANDS IN ORDER TO REDUCE NICOTINE ADDICTION IN MINORS AND YOUNG PEOPLE; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Act may be cited as the Tobacco (Amendment) Act, 2026. (2) Subject to subsections (3) and (4), this Act shall come into force on such date as may be appointed by Order made by the Cabinet and different dates may be appointed for different provisions of this Act and in relation to different matters. (3) Section 6 comes into force six months after the date on which the Act is published in the Gazette. (4) Section 14 comes into force on the date of publication of the Act in the Gazette. Clause 2 Introduced 2. General amendments to the Tobacco Act, 2008 - references to Governor; references to Law; references to Parts 2. The Tobacco Act, 2008, in this Act referred to as the \u201cprincipal Act\u201d, is amended as follows \u2014 (a) by deleting the word \u201cGovernor\u201d wherever it appears and substituting the word \u201cCabinet\u201d; (b) by deleting the word \u201cLaw\u201d wherever it appears and substituting the word \u201cAct\u201d; (c) by deleting the words \u201cPart II\u201d wherever they appear and substituting the words \u201cPart 2\u201d; (d) by deleting the words \u201cPart III\u201d wherever they appear and substituting the words \u201cPart 3\u201d; (e) by deleting the words \u201cPart IV\u201d wherever they appear and substituting the words \u201cPart 4\u201d; (f) by deleting the words \u201cPart V\u201d wherever they appear and substituting the words \u201cPart 5\u201d; (g) by deleting the words \u201cPart VI\u201d wherever they appear and substituting the words \u201cPart 6\u201d; (h) by deleting the words \u201cPart VII\u201d wherever they appear and substituting the words \u201cPart 7\u201d; and (i) by deleting the words \u201cPart VIII\u201d wherever they appear and substituting the words \u201cPart 8\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 1 - short title and commencement 3. The principal Act is amended in section 1 by deleting the short title and substituting the following short title \u201cTobacco and Vape Act, 2026\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Amendment of section 2 - definitions 4. The principal Act is amended in section 2 as follows \u2014 (a) by repealing the section heading and substituting the following section heading \u2014 \u201cInterpretation\u201d; (b) in the definition of the word \u201cadvertisement\u201d, by inserting after the words \u201ctobacco product\u201d wherever they appear, the words \u201c, a vaping product\u201d; (c) in the definition of the words \u201cbrand element\u201d, by inserting after the words \u201ctobacco product\u201d the words \u201cor vaping product\u201d; (d) in the definition of the words \u201ccigar store\u201d, by inserting after the words \u201ctobacco products\u201d the words \u201cor vaping products\u201d; Clause 4 Introduced (e) by deleting the definition of the word \u201cemission\u201d and substituting the following definition \u2014 \u201c \u201cemission\u201d means any substance or combination of substances that is produced when a tobacco product or a vaping product is used and includes smoke, vapour or aerosol;\u201d; (f) by deleting the definition of the word \u201cGovernor\u201d; (g) in the definition of the word \u201cimporter\u201d, by inserting after the words \u201ctobacco products\u201d the words \u201cor vaping products\u201d; (h) by deleting the definition of the words \u201cinternational no-smoking symbol\u201d; (i) in the definition of the word \u201cpackage\u201d, by inserting after the words \u201ctobacco product\u201d the words \u201cor a vaping product\u201d; (j) in the definition of the word \u201cpromotion\u201d, by inserting after the words \u201ctobacco product\u201d the words \u201cor a vaping product\u201d; (k) in the definition of the word \u201cretailer\u201d, by inserting after the words \u201ctobacco products\u201d the words \u201cor vaping products\u201d; (l) in the definition of the words \u201cvending machine\u201d, by deleting the words \u201ctobacco or tobacco products\u201d and substituting the words \u201ctobacco products or vaping products\u201d; (m) in the definition of the words \u201cwholesale distributor\u201d, by inserting after the words \u201ctobacco products\u201d the words \u201cor vaping products\u201d; and (n) by inserting, in the appropriate alphabetical sequence, the following definitions \u2014 \u201c \u201cdisposable vaping product\u201d means a vaping product that is not designed or intended to be reused and includes a vaping product that \u2014 (a) is not designed to be refilled by the user with a vaping substance or by using a pod, cartridge, or similar storage container; or (b) is not designed to be recharged; \u201ce-cigarette\u201d means a type of vaping product; \u201cflavour\u201d means any smell or taste other than the smell or taste of tobacco that results from an additive or combination of additives to a vaping product or a nicotine product; \u201cflavoured vaping product\u201d means a vaping product that contains a flavour and includes flavours such as cotton candy, gummy bear, strawberry cheesecake, menthol and mint; \u201cnicotine pouch\u201d means a small pouch that contains a powder made of nicotine, flavourings and other ingredients and is designed for the oral delivery of nicotine; Clause 5 Introduced \u201cnicotine product\u201d means a product that contains nicotine, regardless of source, that is intended for vaping or human consumption and includes disposable vaping products, flavoured vaping products and nicotine pouches; \u201cno-smoking or no-vaping symbol\u201d means a symbol consisting of a graphic representation of a red circle with a diagonal slash over both a lit cigarette and an e-cigarette; \u201cpod\u201d means a type of cartridge that is designed for use with a disposable vaping product or a vaping product; \u201cvape\u201d means inhaling or exhaling an aerosol or vapour that is produced by a vaping product and \u201cvaping\u201d has a corresponding meaning; and \u201cvaping product\u201d means \u2014 (a) a device that produces emissions in the form of an aerosol and that is intended to be brought to the mouth for inhalation of the aerosol; (b) a part that may be used with a device referred to in paragraph (a); (c) a substance or mixture of substances, whether or not it contains nicotine, regardless of source, that is intended for use with a device referred to in paragraph (a);\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Repeal and substitution of section 3 - restrictions on dealing with tobacco products 5. The principal Act is amended by repealing section 3 and substituting the following section \u2014 \u201cRestrictions on dealing with tobacco products and vaping products 3. (1) A person shall not manufacture, package, label, sell, advertise or promote a tobacco product or a vaping product except in accordance with this Act. (2) A person shall not import a tobacco product or a vaping product except in accordance with this Act, the Customs and Border Control Act (2024 Revision) and the Customs Tariff Act (2026 Revision).\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Insertion of section 3A - prohibition on dealing with disposable vaping products 6. The principal Act is amended by inserting after section 3 the following section \u2014 Clause 7 Introduced \u201cProhibition on dealing with disposable vaping products 3A. A person shall not import, manufacture, package, label, sell, advertise or promote disposable vaping products.\u201d. 7. Amendment of section 4 - registration as a prerequisite for obtaining a licence to trade in tobacco products 7. The principal Act is amended in section 4 as follows \u2014 (a) in the section heading, by inserting after the words \u201ctobacco products\u201d the words \u201cor vaping products\u201d; (b) in subsection (1), by inserting after the words \u201ctobacco products\u201d wherever they appear the words \u201cor vaping products\u201d; (c) in subsection (2), by inserting after the words \u201ctobacco products\u201d the words \u201cor vaping products\u201d; and (d) by repealing subsection (7). 8. Insertion of sections 4A and 4B - application for renewal of registration as dealer in tobacco products or vaping products; renewal of registration 8. The principal Act is amended by inserting after section 4 the following sections \u2014 \u201cApplication for renewal of registration as dealer in tobacco products or vaping products 4A. (1) A registered dealer in tobacco products or vaping products who wishes to apply for renewal of registration as a dealer in tobacco products or vaping products shall submit to the Chief Officer an application in the prescribed form, accompanied by the prescribed fee. (2) Where an applicant under subsection (1) applies for renewal of registration prior to the expiration of the applicant\u2019s registration as a dealer in tobacco products or vaping products, the applicant shall be entitled to continue trading pending the outcome of that application. Renewal of registration 4B. (1) Subject to subsection (2), where an application for renewal of registration as a dealer in tobacco products or vaping products is made under section 4A(1), the Chief Officer may refuse to renew that registration if the dealer in tobacco products or vaping products has contravened this Act or any regulations under this Act. (2) If the Chief Officer decides to refuse an application for renewal of registration the Chief Officer shall inform the applicant by written notice as soon as practicable of the Chief Officer\u2019s intention not to Clause 9 Introduced renew registration of the applicant as a dealer in tobacco products or vaping products. (3) An applicant who receives a written notice under subsection (2) shall have thirty days from the date of service of the notice to make written submissions to the Chief Officer in respect of the refusal. (4) The Chief Officer shall consider any written submissions made under subsection (3) and shall inform the dealer in tobacco products or vaping products within seven days of the receipt of the submission of the Chief Officer\u2019s decision on the matter.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Amendment of section 5 - Chief Officer to be provided with information on emissions 9. The principal Act is amended in section 5 by inserting after the words \u201ctobacco product\u201d the words \u201cor a vaping product\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Repeal and substitution of section 6 - display of messages regarding health 10. The principal Act is amended by repealing section 6 and substituting the following section \u2014 \u201cDisplay of messages regarding health 6. (1) A person shall not manufacture, sell or import a tobacco product unless the package in which it is contained displays, in the prescribed form and manner, the prescribed information with regard to \u2014 (a) the product and emissions from the product; (b) the health hazards and health effects arising from the use of the product or from its emissions; and (c) other health-related messages such as advice on how to stop smoking. (2) A person shall not manufacture, sell or import a vaping product unless the package in which it is contained displays, in the prescribed form and manner, the prescribed information with regard to \u2014 (a) the product and emissions from the product; (c) the health hazards and health effects arising from the use of the product or from its emissions; (d) the nicotine content of the product; and (e) health warnings about nicotine addiction.\u201d. Clause 11 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Repeal and substitution of section 7 - prohibition against promotion of tobacco products 11. The principal Act is amended by repealing section 7 and substituting the following section \u2014 \u201cProhibition against promotion of tobacco products or vaping products 7. A person shall not promote or cause to be promoted a brand element of a tobacco product or a vaping product \u2014 (a) through direct or indirect means, including through sponsorship of an organisation, event, service, physical establishment or vehicle of any kind; or (b) in a manner that allows a consumer or purchaser of a tobacco product or a vaping product to be deceived or misled concerning character, properties, toxicity, composition, merit or safety of a tobacco product or a vaping product.\u201d. 12. Amendment of section 8 - prohibition against promotion of product identical or similar to a tobacco product 12. The principal Act is amended in section 8 as follows \u2014 (a) in the section heading, by inserting after the words \u201ctobacco product\u201d the words \u201cor a vaping product\u201d; (b) in the chapeau \u2014 (i) by deleting the words \u201cno person shall\u201d and substituting the words \u201ca person shall not\u201d; (ii) by inserting after the words \u201ctobacco product\u201d the words \u201cor a vaping product\u201d; and (c) by inserting after the words \u201cany brand of tobacco product\u201d the words \u201cor vaping product\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Repeal and substitution of section 9 - consideration as an inducement to purchase 13. The principal Act is amended by repealing section 9 and substituting the following section \u2014 \u201cConsideration or free samples as an inducement to purchase 9. A person shall not, in the course of business \u2014 (a) offer or provide any consideration, direct or indirect, as an inducement to purchase a tobacco product or a vaping product, including \u2014 Clause 14 Introduced (i) a gift to a purchaser or a third party; (ii) a bonus; (iii) a premium; (iv) cash; (v) a rebate; or (vi) the right to participate in a game, lottery or contest; (b) distribute a tobacco product or a vaping product without monetary consideration or in consideration of the purchase of a product or service or the performance of a service; or (c) provide or make available to any person free samples of tobacco products or vaping products at a point of sale or any other public place.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Repeal and substitution of section 10 - sale of tobacco products 14. The principal Act is amended by repealing section 10 and substituting the following section \u2014 \u201cSale of tobacco products, vaping products and nicotine products 10. (1) A person shall not \u2014 (a) sell a tobacco product, a vaping product or a nicotine product to a minor; (b) make available a tobacco product, a vaping product or a nicotine product for consumption or use by a minor; or (c) hire or use a minor to sell or otherwise handle a tobacco product, a vaping product or a nicotine product. (2) A minor shall not buy a tobacco product, a vaping product or a nicotine product, whether for the minor\u2019s own use or otherwise. (3) It is not a defence to a prosecution for an offence against subsection (1) that the prospective purchaser appeared to be eighteen years of age or older. (4) A person shall not be found to have contravened subsection (1) if it is established that \u2014 (a) the person exercised due diligence by attempting to verify that the prospective purchaser was eighteen years of age or older, by requesting the production of a prescribed form of identification; and (b) the person reasonably believed that the document of identification produced was authentic and that it was issued to the person producing it. Clause 15 Introduced (5) A person shall not sell cigarettes \u2014 (a) except in the full packages as prepared by the manufacturers of the cigarettes; and (b) other than on the premises to which the registration relates.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Repeal and substitution of section 11 - display of tobacco products 15. The principal Act is amended by repealing section 11 and substituting the following section \u2014 \u201cDisplay of tobacco products or vaping products 11. (1) A retailer shall not sell a tobacco product or a vaping product unless the retailer does so at the request of the purchaser. (2) Notwithstanding subsection (1), a retailer may post a sign indicating \u2014 (a) the availability of tobacco products or vaping products for sale; (b) the specific products or brands available for sale; and (c) the prices of the products, and the brand element may be visibly displayed, but only as prescribed. (3) Unless otherwise prescribed, a person shall not sell a tobacco product or a vaping product through the mail, the Internet or a vending machine. (4) A person shall not display a tobacco product or a vaping product at the point of sale or in a manner that permits the customer to handle the product prior to purchase except in the case of cigar bars and cigar stores. (5) A person shall not sell a tobacco product or a vaping product at retail unless a sign bearing the prescribed health warnings together with any other information that may be prescribed is posted at the place of sale. (6) A person shall not display, at any place or premises in which tobacco products or vaping products are sold at retail, a sign respecting the legal age at which tobacco products or vaping products may or may not be purchased, except in accordance with the regulations.\u201d. Clause 16 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Amendment of section 12 - use of tobacco products 16. The principal Act is amended in section 12 as follows \u2014 (a) in the section heading, by inserting after the words \u201ctobacco products\u201d the words \u201cor vaping products\u201d; (b) in subsection (1), by deleting the words \u201cno person shall smoke\u201d and substituting the words \u201ca person shall not smoke or vape\u201d; (c) in subsection (2) \u2014 (i) in the chapeau, by deleting the words \u201cNo person shall smoke\u201d and substituting the words \u201cA person shall not smoke or vape\u201d; (ii) by inserting after the words \u201csmoking-allowed\u201d the words \u201cor vaping-allowed\u201d; and (iii) in paragraph (d)(ii), by deleting the words \u201ca no-smoking area\u201d and substituting the words \u201ca no-smoking or no-vaping area\u201d; and (d) by repealing subsection (4) and substituting the following subsection \u2014 \u201c(4) The management of all public places where smoking and vaping are prohibited shall post signs, as may be prescribed, indicating that the establishment is smoke-free and vape-free and the signs shall visibly bear the no-smoking or no-vaping symbol.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Amendment of section 14 - premises that Authorised Officers may enter 17. The principal Act is amended in section 14 as follows \u2014 (a) in the chapeau, by deleting the word \u201che\u201d and substituting the words \u201cthe Authorised Officer\u201d; (b) by inserting after the words \u201ctobacco product\u201d wherever they appear the words \u201cor a vaping product\u201d; and (c) in paragraph (b), by deleting the words \u201cor thing\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Amendment of section 15 - powers of Authorised Officers 18. The principal Act is amended in section 15 as follows \u2014 (a) in paragraph (a), by deleting the words \u201cor thing\u201d and substituting the words \u201cor a vaping product\u201d; (b) in paragraph (b), by deleting the words \u201cor thing\u201d and substituting the words \u201cor the vaping product\u201d; (c) in paragraph (c), by deleting the words \u201cor thing\u201d and substituting the words \u201cor a vaping product\u201d; (d) in paragraph (d), by inserting after the words \u201ctobacco product\u201d the words \u201cor the vaping product\u201d; and Clause 19 Introduced (e) in paragraph (e), by inserting after the words \u201ctobacco product\u201d the words \u201cor the vaping product\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Amendment of section 17 - entry in a dwelling place 19. The principal Act is amended in section 17(2)(a) by inserting after the words \u201ctobacco products\u201d the words \u201cor vaping products\u201d. 20. Amendment of section 19 - seizure 20. The principal Act is amended in section 19 as follows \u2014 (a) in subsection (1), by deleting the words \u201cor thing\u201d and substituting the words \u201cor a vaping product\u201d; (b) in subsection (2), by deleting the words \u201cor thing\u201d and substituting the words \u201cor vaping product\u201d; and (c) in subsection (3), by deleting the words \u201cor thing\u201d and substituting the words \u201cor a vaping product\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Amendment of section 20 - application for restoration 21. The principal Act is amended in section 20 as follows \u2014 (a) in subsection (1), by deleting the words \u201cor thing\u201d and substituting the words \u201cor a vaping product\u201d; (b) in subsection (2), by deleting the words \u201cor thing\u201d wherever they appear and substituting the words \u201cor the vaping product\u201d; (c) in subsection (3) \u2014 (i) by inserting after the words \u201ctobacco product\u201d the words \u201cor the vaping product\u201d; (ii) by deleting the words \u201cor thing\u201d wherever they appear; (iii) by deleting the words \u201cmay order that the product\u201d and substituting the words \u201cmay or that the tobacco product or the vaping product\u201d; (d) in subsection (4), by deleting the words \u201cor thing\u201d and substituting the words \u201cor a vaping product\u201d; and (e) in subsection (5), by deleting the words \u201cor thing\u201d and substituting the words \u201cor the vaping product\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Amendment of section 21 - forfeiture 22. The principal Act is amended in section 21 as follows \u2014 (a) in subsection (1) as follows \u2014 (i) by deleting the words \u201ca tobacco product or thing\u201d and substituting the words \u201ca tobacco product or a vaping product\u201d; and Clause 23 Introduced (ii) by deleting the words \u201cthe product or thing\u201d and substituting the words \u201cthe product\u201d; and (b) in subsection (3) as follows \u2014 (i) by deleting the words \u201ca tobacco product or thing\u201d and substituting the words \u201ca tobacco product or a vaping product\u201d; and (ii) by deleting the words \u201cthe product or thing\u201d and substituting the words \u201cthe product\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Amendment of section 22 - offences and penalties 23. The principal Act is amended in section 22 as follows \u2014 (a) in subsection (1) as follows \u2014 (i) by deleting the words \u201csection 3\u201d and substituting the words \u201csection 3, 3A\u201d; and (ii) by deleting the words \u201cis guilty of an offence and liable\u201d and substituting the words \u201ccommits an offence and is liable\u201d; (b) in subsection (2), by deleting the words \u201cis guilty of an offence and liable\u201d and substituting the words \u201ccommits an offence and is liable\u201d; (c) in subsection (3), by deleting the words \u201cis guilty of an offence and liable\u201d and substituting the words \u201ccommits an offence and is liable\u201d; (d) in subsection (4), by deleting the words \u201cis guilty of an offence and liable\u201d and substituting the words \u201ccommits an offence and is liable\u201d; (e) in subsection (5) as follows \u2014 (i) by inserting after the word \u201csmoke-free\u201d the words \u201cand vape-free\u201d; and (ii) by deleting the words \u201cis guilty of an offence and liable\u201d and substituting the words \u201ccommits an offence and is liable\u201d; (f) in subsection (6), by deleting the words \u201cis guilty of an offence and liable\u201d and substituting the words \u201ccommits an offence and is liable\u201d; and (g) in subsection (7), by deleting the words \u201cis guilty of an offence and liable\u201d and substituting the words \u201ccommits an offence and is liable\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Amendment of section 23 - vicarious liability of registrant 24. The principal Act is amended in section 23(1) by deleting the words \u201cis guilty of an offence\u201d and substituting the words \u201ccommits an offence\u201d. 25. Amendment of section 25 - power to make regulations 25. The principal Act is amended in section 25(2) as follows \u2014 (a) in paragraph (a), by deleting the words \u201csmoke free\u201d and substituting the words \u201csmoke-free and vape-free\u201d; Clause 25 Introduced (b) in paragraph (e) \u2014 (i) by inserting after the words \u201ctobacco product\u201d the words \u201cor a vaping product\u201d; and (ii) by deleting the word \u201che\u201d and substituting the words \u201cthe prospective buyer\u201d; and (c) in paragraph (f), by inserting after the words \u201ca single package\u201d the words \u201cand the maximum limit in relation to the nicotine level in a single vaping product\u201d. Passed by the Parliament the day of , 2026. Speaker Clerk of the Parliament\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2026_01_01\", \"date\": \"2026-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2026_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2026_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2026\/19\", \"FRBRdate\": [{\"date\": \"2026-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2026\/19\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2026-0019\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"19 of 2026\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"bill\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2026\/19\/eng@2026-01-01\", \"FRBRdate\": [{\"date\": \"2026-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2026\/19\/eng@2026-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2026\/19\/eng@2026-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-08-14\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2026\/19\/eng@2026-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"bill\", \"header\": {\"title\": \"Tobacco (Amendment) Bill, 2026\", \"actNumber\": \"19 of 2026\", \"longTitle\": null}}, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nTOBACCO (AMENDMENT) BILL, 2026\nSupplement No.1 published with Legislation Gazette No. 38 dated 13th August, 2026.\nA BILL FOR AN ACT TO AMEND THE TOBACCO ACT, 2008 TO PROVIDE FOR THE\nPROTECTION OF PUBLIC HEALTH BY REGULATING THE IMPORTATION,\nMANUFACTURE, PACKAGING, LABELLING, SELLING, ADVERTISING, PROMOTION\nAND USE OF VAPING PRODUCTS ; TO PROVIDE FOR THE PROTECTION OF MINORS\nBY RESTRICTING THE USE OF VAPING PRODUCTS AND NICOTINE PRODUCTS TO\nPERSONS AGED EIGHTEEN YEARS OR OLDER; TO PROHIBIT THE IMPORTATION,\nMANUFACTURE,\nPACKAGING,\nLABELLING,\nSELLING,\nADVERTISING\nAND\nPROMOTION OF DISPOSABLE VAPING PRODUCTS IN THE ISLANDS IN ORDER TO\nREDUCE NICOTINE ADDICTION IN MINORS AND YOUNG PEOPLE; AND FOR\nINCIDENTAL AND CONNECTED PURPOSES\n\nPage 2\n Introduced\nc\n\nPUBLISHING DETAILS\nSponsoring Ministry\/Portfolio: Ministry of Health, Environment and Sustainability\n\nTobacco (Amendment) Bill, 2026\nObjects and Reasons\n\nc\n Introduced\nPage 3\n\nMemorandum of\nOBJECTS AND REASONS\nThis Bill seeks to amend the Tobacco Act, 2008, the \u201cprincipal Act\u201d, to provide greater\nprotection for public health by regulating the importation, manufacture, packaging,\nlabelling, selling, advertising, promotion and use of vaping products. This Bill seeks to\nprohibit the use of nicotine products by minors and the sale of such products to minors.\nFurther, this Bill prohibits the importation, manufacture, packaging, labelling, selling,\nadvertising and promotion of disposable vaping products in order to reduce nicotine\naddiction in minors and young people.\nThe prohibition in relation nicotine products is important for the protection of minors and\nyoung people. Research shows that minors and young people gravitate to nicotine products\ndue to their affordability, accessibility and flavoured appeal.\nIn January 2024, the World Health Organization issued an advisory about the adverse\nimpacts of vaping products (\u201ce-cigarettes\u201d) on the health of individuals, particularly the\nfact that such use significantly increases the risk of addiction, poisoning and inhalation\ntoxicity. The advisory states, among other things, as follows \u2014\n\u201cENDS contain varying amounts of nicotine and harmful emissions.\nE-cigarette emissions typically contain nicotine and other toxic substances that are\nharmful to both users and non-users who are exposed to the aerosols second-hand.\nSome products claiming to be nicotine-free (ENNDS) have been found to contain\nnicotine.\n\nNicotine exposure in pregnant women can adversely affect the development of the\nfetus.  Further, the consumption of nicotine in children and adolescents has negative\nimpacts on brain development, leading to long-term consequences for brain\ndevelopment and potentially leading to learning and anxiety disorders.\n\nNicotine is highly addictive and harmful to health. Additionally, high quality\nepidemiology studies consistently demonstrate that e-cigarettes use increases\nconventional cigarette uptake, particularly among non-smoking youth, by nearly 3\ntimes. Evidence reveals that these products are harmful to health and are not safe.\nHowever, it is too early to provide a clear answer on the long-term impact of using\nthem or being exposed to them. Whilst long-term health effects are not fully known,\nwe do know that they generate toxic substances, some of which are known to cause\ncancer and some that increase the risk of heart and lung disorders. Electronic\ndelivery systems have also been linked to a number of physical injuries, including\nburns from explosions or malfunctions, when the products are not of the expected\nstandard or are tampered with by users.\n\nObjects and Reasons\nTobacco (Amendment) Bill, 2026\n\nPage 4\n Introduced\nc\n\nAccidental exposure of children to ENDS e-liquids pose serious risks as devices may\nleak or children may swallow the poisonous e-liquid.\u201d\n\nThis Bill is, therefore, a critical public health response to significant technological and\nmarket developments in electronic nicotine delivery systems.\nClause 1 provides for the short title and commencement of the legislation.\nClause 2 amends the principal Act by \u2014\n(a) deleting the word \u201cGovernor\u201d wherever it appears and substituting the word\n\u201cCabinet\u201d;\n(b) deleting the word \u201cLaw\u201d wherever it appears and substituting the word \u201cAct\u201d; and\n(c) deleting Roman numerals in references to Parts and substituting Arabic numerals.\nThe above amendments are to ensure that archaic language in the legislation is updated.\nClause 3 amends section 1 of the principal Act by deleting the short title and substituting\nthe proposed new short title \u201cTobacco and Vape Act, 2026\u201d.\nClause 4 provides for the interpretation of words used in the legislation. These include \u201cecigarette\u201d, \u201cemission\u201d, \u201cvaping product\u201d and \u201cnicotine product\u201d.\nThe word \u201ce-cigarette\u201d is defined as a type of vaping product.\nThe word \u201cemission\u201d is defined as any substance or combination of substances that is\nproduced when a tobacco product or a vaping product is used and includes smoke, vapour\nor aerosol.\nThe words \u201cnicotine product\u201d mean a product containing nicotine, regardless of source,\nthat is intended for vaping or human consumption and includes disposable vaping products,\nflavoured vaping products and nicotine pouches.\nA \u201cvaping product\u201d is defined as \u2014\n(a) a device that produces emissions in the form of an aerosol and that is intended\nto be brought to the mouth for inhalation of the aerosol;\n(b) a part that may be used with a device referred to in paragraph (a);\n(c) a substance or mixture of substances, whether or not it contains nicotine,\nregardless of source, that is intended for use with a device referred to in\nparagraph (a).\nClause 5 repeals and substitutes section 3 of the principal Act which provides for\nrestrictions on dealing with tobacco products. The effect of the amendment is that\nrestrictions that currently apply to tobacco products will now apply to vaping products. The\nproposed section 3 provides that a person shall not manufacture, package, label, sell,\nadvertise or promote a vaping product except in accordance with this legislation. The\nsection also provides that a person shall not import a vaping product except in accordance\nwith the Customs and Border Control Act (2024 Revision) and the Customs Tariff Act\n(2026 Revision).\n\nTobacco (Amendment) Bill, 2026\nObjects and Reasons\n\nc\n Introduced\nPage 5\n\nClause 6 provides for proposed new section 3A which prohibits dealing with disposable\nvaping products. Pursuant to this proposed section, a person shall not import, manufacture,\npackage, label, sell, advertise or promote disposable vaping products.\nClause 7 amends section 4 of the principal Act to include references to vaping products,\nthereby making registration a prerequisite for obtaining a licence to trade in vaping\nproducts.\nClause 8 provides for proposed new sections 4A and 4B which set out a more\ncomprehensive procedure for the renewal of a Certificate of Registration as a dealer in\ntobacco products or vaping products. These proposed new sections 4A and 4B are\nnecessary to address the procedure for renewal of a Certificate of Registration issued under\nsection 4(2) of the principal Act. This expanded procedure now gives an applicant for\nrenewal an opportunity to make written submissions to the Chief Officer in the event that\nthe Chief Officer refuses to grant renewal of a Certificate of Registration.\nClause 9 amends section 5 of the principal Act to require that importers and wholesale\ndistributors of vaping products provide the Chief Officer with information on emissions in\nrespect of relevant vaping products.\nClause 10 repeals and substitutes section 6 of the principal Act. The proposed section 6\nprovides for the display of messages regarding health on vaping products. The effect of\nthis amendment is that a person shall not manufacture, sell or import a vaping product\nunless the package in which it is contained displays, in the prescribed form and manner,\nthe prescribed information with regard to \u2014\n\n(a) the product and emissions from the product;\n\n(b) the health hazards and health effects arising from the use of the product or from\nits emissions;\n\n(c) the nicotine content of the product; and\n(d) health warnings about nicotine addiction.\nClause 11 repeals and substitutes section 7 of the principal Act. The proposed new section\n7 incorporates vaping products under the prohibition against promotion that currently\napplies to tobacco products in the principal Act.\nClause 12 amends section 8 of the principal Act to ensure that vaping products are included\nunder the prohibition against promotion of identical or similar products, that currently\napplies to tobacco products in the principal Act.\nClause 13 repeals and substitutes section 9 of the principal Act which deals with\nconsideration as an inducement to purchase. The amendment prohibits a person, in the\ncourse of business, from offering consideration or free samples as an inducement to\npurchase tobacco products or vaping products.\nClause 14 repeals and substitutes section 10 of the principal Act, which deals with the sale\nof tobacco products, to include vaping products and nicotine products. The effect of this is\nthat \u2014\n\nObjects and Reasons\nTobacco (Amendment) Bill, 2026\n\nPage 6\n Introduced\nc\n\n(a) a person will be prohibited from selling a vaping product or a nicotine product\nto a minor;\n(b) a person will be prohibited from making available a vaping product or a nicotine\nproduct for consumption by a minor;\n(c) a person will be prohibited from hiring or using a minor to sell or otherwise\nhandle a vaping product or a nicotine product; and\n(d) a minor will be prohibited from buying a vaping product or a nicotine product,\nwhether for the minor\u2019s own use or otherwise.\nClause 15 repeals and substitutes section 11 of the principal Act, which deals with display\nof tobacco products, to include vaping products. The effect of the amendment is that a\nretailer shall not sell a tobacco product or a vaping product unless the retailer does so at\nthe request of the purchaser. However, a retailer may post a sign indicating \u2014\n(a) the availability of tobacco products or vaping products for sale;\n(b) the specific products or brands available for sale; and\n(c) the prices of the products.\nClause 16 amends section 12 of the principal Act which deals with the use of tobacco\nproducts, to include the use of vaping products. The effect of this amendment is that a\nperson shall not vape in or within ten feet of a public place. The exceptions that currently\napply to smoking will also apply to vaping.\nFurther, the management of all public places where smoking and vaping are prohibited\nshall post signs, as may be prescribed, indicating that the establishment is smoke-free and\nvape-free. The signs shall visibly bear the no-smoking or no-vaping symbol.\nClause 17 amends section 14 of the principal Act to provide that an Authorised Officer\nmay enter premises in which the Authorised Officer believes, on reasonable grounds, that\na vaping product is used, manufactured, tested, stored, packaged, labelled or sold.\nClause 18 amends section 15 of the principal Act which deals with powers of Authorised\nOfficers, to include references to vaping products. Pursuant to this amendment, when\ncarrying out an inspection an Authorised Officer may, among other things \u2014\n(a) examine a vaping product;\n(b) require anyone on the premises to produce for inspection, in the manner and form\nrequested by the Authorised Officer, the vaping product;\n(c) open, or require anyone on the premises to open, any container or package found\non the premises that the Authorised Officer believes, on reasonable grounds,\ncontains a vaping product.\nClause 19 amends section 17 of the principal Act which deals with entry in a dwelling\nhouse, to include vaping products. The effect of this amendment is that an Authorised\nOfficer may not enter a dwelling house which the Authorised Officer suspects is being used\nfor the manufacture or sale of vaping products, unless the occupant of the dwelling house\nconsents or a warrant has been issued by a magistrate or Justice of the Peace.\n\nTobacco (Amendment) Bill, 2026\nObjects and Reasons\n\nc\n Introduced\nPage 7\n\nClause 20 amends section 19 of the principal Act, which deals with seizure, to include\nreferences to vaping products.  Pursuant to this amendment, an Authorised Officer may\nnow seize and detain vaping products if the Authorised Officer believes, on reasonable\ngrounds, that this legislation has been contravened.\nClause 21 amends section 20 of the principal Act which deals with application for\nrestoration, to include references to vaping products. The effect of this amendment is that\na person from whom a vaping product was seized may, within ten days after the date of\nseizure, apply to a magistrate or Justice of the Peace for an order of restoration.\nThe magistrate or Justice of the Peace may order that the vaping product be restored\nimmediately to the applicant if, on hearing the application, the magistrate or Justice of the\nPeace is satisfied \u2014\n(a) that the applicant is entitled to possession of the vaping product; and\n(b) that the vaping product is not and will not be required as evidence in proceedings\nin respect of an offence under this legislation.\nClause 22 amends section 21 of the principal Act which deals with forfeiture, to include\nreferences to vaping products.  The effect of this amendment is that, where a court does\nnot order the restoration of vaping products that have been seized, the seized products may\nbe forfeited to the Crown and may be disposed of as the court directs.\nClause 23 amends section 22 of the principal Act which deals with offences and penalties,\nto include references to vaping. The penalty under the proposed section 3A is provided for\nunder section 22. It is an offence for a person to import, manufacture, package, label, sell,\nadvertise or promote disposable vaping products.\nIf a person contravenes the proposed new section 3A the person commits an offence and\nis liable on summary conviction \u2014\n(a) for a first offence, to a fine of fifteen thousand dollars; and\n(b) for a subsequent offence, to a fine of thirty thousand dollars and imprisonment\nfor twelve months.\nClause 23 also amends section 22 of the principal Act by deleting references to the archaic\nwords \u201cis guilty of an offence\u201d and substituting the modern formulation of \u201ccommits an\noffence\u201d.\nClause 24 amends section 23(1) of the principal Act by deleting the archaic words \u201cis guilty\nof an offence\u201d and substituting the modern formulation of \u201ccommits an offence\u201d.\nClause 25 amends section 25 of the principal Act which deals with the power to make\nregulations, to include references to vaping. The effect of the amendment is that the Cabinet\nmay make regulations, among other things \u2014\n(a) prescribing the location, content and format of the signs required to identify\nvape-free establishments;\n(b) respecting the content and format of information that must appear on vape\npackages and in leaflets;\n\nObjects and Reasons\nTobacco (Amendment) Bill, 2026\n\nPage 8\n Introduced\nc\n\n(c) respecting the information that may not appear on vape packages;\n(d) prescribing time schedules for the implementation of promotional restrictions\nregarding vape products;\n(e) prescribing the forms of identification to be tendered by a prospective purchaser\nof a vaping product seeking to establish that the purchaser is not a minor; and\n(f) prescribing the quantities of a vaping product to be sold in a single package or\nthe maximum limit in relation to the nicotine level in a single vaping product.\n\nTobacco (Amendment) Bill, 2026\nArrangement of Clauses\n\nc\n Introduced\nPage 9\n\nCAYMAN ISLANDS\n\nTOBACCO (AMENDMENT) BILL, 2026\n\nArrangement of Clauses\nClause\nPage\n1.\nShort title and commencement ................................................................................................ 11\n2.\nGeneral amendments to the Tobacco Act, 2008 - references to Governor; references to\nLaw; references to Parts .......................................................................................................... 12\n3.\nAmendment of section 1 - short title and commencement ........................................................ 12\n4.\nAmendment of section 2 - definitions ....................................................................................... 12\n5.\nRepeal and substitution of section 3 - restrictions on dealing with tobacco products ................ 14\n6.\nInsertion of section 3A - prohibition on dealing with disposable vaping products ...................... 14\n7.\nAmendment of section 4 - registration as a prerequisite for obtaining a licence to trade in\ntobacco products ..................................................................................................................... 15\n8.\nInsertion of sections 4A and 4B - application for renewal of registration as dealer in\ntobacco products or vaping products; renewal of registration ................................................... 15\n9.\nAmendment of section 5 - Chief Officer to be provided with information on emissions ............. 16\n10.\nRepeal and substitution of section 6 - display of messages regarding health ........................... 16\n11.\nRepeal and substitution of section 7 - prohibition against promotion of tobacco products ......... 17\n12.\nAmendment of section 8 - prohibition against promotion of product identical or similar to a\ntobacco product ....................................................................................................................... 17\n13.\nRepeal and substitution of section 9 - consideration as an inducement to purchase ................ 17\n14.\nRepeal and substitution of section 10 - sale of tobacco products ............................................. 18\n15.\nRepeal and substitution of section 11 - display of tobacco products ......................................... 19\n16.\nAmendment of section 12 - use of tobacco products ................................................................ 20\n17.\nAmendment of section 14 - premises that Authorised Officers may enter ................................. 20\n18.\nAmendment of section 15 - powers of Authorised Officers ....................................................... 20\n19.\nAmendment of section 17 - entry in a dwelling place ................................................................ 21\n20.\nAmendment of section 19 - seizure .......................................................................................... 21\n\nArrangement of Clauses\nTobacco (Amendment) Bill, 2026\n\nPage 10\n Introduced\nc\n\n21.\nAmendment of section 20 - application for restoration .............................................................. 21\n22.\nAmendment of section 21 - forfeiture ....................................................................................... 21\n23.\nAmendment of section 22 - offences and penalties .................................................................. 22\n24.\nAmendment of section 23 - vicarious liability of registrant ........................................................ 22\n25.\nAmendment of section 25 - power to make regulations ............................................................ 22\n\nTobacco (Amendment) Bill, 2026\nClause 1\n\nc\n Introduced\nPage 11\n\nCAYMAN ISLANDS\n\nTOBACCO (AMENDMENT) BILL, 2026\n\nA BILL FOR AN ACT TO AMEND THE TOBACCO ACT, 2008 TO PROVIDE FOR THE\nPROTECTION OF PUBLIC HEALTH BY REGULATING THE IMPORTATION,\nMANUFACTURE, PACKAGING, LABELLING, SELLING, ADVERTISING, PROMOTION\nAND USE OF VAPING PRODUCTS; TO PROVIDE FOR THE PROTECTION OF MINORS\nBY RESTRICTING THE USE OF VAPING PRODUCTS AND NICOTINE PRODUCTS TO\nPERSONS AGED EIGHTEEN YEARS OR OLDER; TO PROHIBIT THE IMPORTATION,\nMANUFACTURE,\nPACKAGING,\nLABELLING,\nSELLING,\nADVERTISING\nAND\nPROMOTION OF DISPOSABLE VAPING PRODUCTS IN THE ISLANDS IN ORDER TO\nREDUCE NICOTINE ADDICTION IN MINORS AND YOUNG PEOPLE; AND FOR\nINCIDENTAL AND CONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\nShort title and commencement\n1.\n(1) This Act may be cited as the Tobacco (Amendment) Act, 2026.\n(2) Subject to subsections (3) and (4), this Act shall come into force on such date as\nmay be appointed by Order made by the Cabinet and different dates may be\nappointed for different provisions of this Act and in relation to different matters.\n(3) Section 6 comes into force six months after the date on which the Act is\npublished in the Gazette.\n(4) Section 14 comes into force on the date of publication of the Act in the Gazette.\n\nClause 2\nTobacco (Amendment) Bill, 2026\n\nPage 12\n Introduced\nc\n\n2.\nGeneral amendments to the Tobacco Act, 2008 - references to Governor;\nreferences to Law; references to Parts\n2.\nThe Tobacco Act, 2008, in this Act referred to as the \u201cprincipal Act\u201d, is amended as\nfollows \u2014\n(a)\nby deleting the word \u201cGovernor\u201d wherever it appears and substituting the\nword \u201cCabinet\u201d;\n(b) by deleting the word \u201cLaw\u201d wherever it appears and substituting the word\n\u201cAct\u201d;\n(c)\nby deleting the words \u201cPart II\u201d wherever they appear and substituting the\nwords \u201cPart 2\u201d;\n(d) by deleting the words \u201cPart III\u201d wherever they appear and substituting the\nwords \u201cPart 3\u201d;\n(e)\nby deleting the words \u201cPart IV\u201d wherever they appear and substituting the\nwords \u201cPart 4\u201d;\n(f)\nby deleting the words \u201cPart V\u201d wherever they appear and substituting the\nwords \u201cPart 5\u201d;\n(g) by deleting the words \u201cPart VI\u201d wherever they appear and substituting the\nwords \u201cPart 6\u201d;\n(h) by deleting the words \u201cPart VII\u201d wherever they appear and substituting the\nwords \u201cPart 7\u201d; and\n(i)\nby deleting the words \u201cPart VIII\u201d wherever they appear and substituting\nthe words \u201cPart 8\u201d.\n3.\nAmendment of section 1 - short title and commencement\n3.\nThe principal Act is amended in section 1 by deleting the short title and substituting\nthe following short title \u201cTobacco and Vape Act, 2026\u201d.\n4.\nAmendment of section 2 - definitions\n4.\nThe principal Act is amended in section 2 as follows \u2014\n(a)\nby repealing the section heading and substituting the following section\nheading \u2014\n\u201cInterpretation\u201d;\n(b) in the definition of the word \u201cadvertisement\u201d, by inserting after the words\n\u201ctobacco product\u201d wherever they appear, the words \u201c, a vaping product\u201d;\n(c)\nin the definition of the words \u201cbrand element\u201d, by inserting after the\nwords \u201ctobacco product\u201d the words \u201cor vaping product\u201d;\n(d) in the definition of the words \u201ccigar store\u201d, by inserting after the words\n\u201ctobacco products\u201d the words \u201cor vaping products\u201d;\n\nTobacco (Amendment) Bill, 2026\nClause 4\n\nc\n Introduced\nPage 13\n\n(e)\nby deleting the definition of the word \u201cemission\u201d and substituting the\nfollowing definition \u2014\n\u201c \u201cemission\u201d means any substance or combination of substances that\nis produced when a tobacco product or a vaping product is used and\nincludes smoke, vapour or aerosol;\u201d;\n(f)\nby deleting the definition of the word \u201cGovernor\u201d;\n(g) in the definition of the word \u201cimporter\u201d, by inserting after the words\n\u201ctobacco products\u201d the words \u201cor vaping products\u201d;\n(h) by deleting the definition of the words \u201cinternational no-smoking\nsymbol\u201d;\n(i)\nin the definition of the word \u201cpackage\u201d, by inserting after the words\n\u201ctobacco product\u201d the words \u201cor a vaping product\u201d;\n(j)\nin the definition of the word \u201cpromotion\u201d, by inserting after the words\n\u201ctobacco product\u201d the words \u201cor a vaping product\u201d;\n(k) in the definition of the word \u201cretailer\u201d, by inserting after the words\n\u201ctobacco products\u201d the words \u201cor vaping products\u201d;\n(l)\nin the definition of the words \u201cvending machine\u201d, by deleting the words\n\u201ctobacco or tobacco products\u201d and substituting the words \u201ctobacco\nproducts or vaping products\u201d;\n(m) in the definition of the words \u201cwholesale distributor\u201d, by inserting after\nthe words \u201ctobacco products\u201d the words \u201cor vaping products\u201d; and\n(n) by inserting, in the appropriate alphabetical sequence, the following\ndefinitions \u2014\n\u201c \u201cdisposable vaping product\u201d means a vaping product that is not\ndesigned or intended to be reused and includes a vaping product\nthat \u2014\n(a) is not designed to be refilled by the user with a vaping substance\nor by using a pod, cartridge, or similar storage container; or\n(b) is not designed to be recharged;\n\u201ce-cigarette\u201d means a type of vaping product;\n\u201cflavour\u201d means any smell or taste other than the smell or taste of\ntobacco that results from an additive or combination of additives to a\nvaping product or a nicotine product;\n\u201cflavoured vaping product\u201d means a vaping product that contains a\nflavour and includes flavours such as cotton candy, gummy bear,\nstrawberry cheesecake, menthol and mint;\n\u201cnicotine pouch\u201d means a small pouch that contains a powder made\nof nicotine, flavourings and other ingredients and is designed for the\noral delivery of nicotine;\n\nClause 5\nTobacco (Amendment) Bill, 2026\n\nPage 14\n Introduced\nc\n\n\u201cnicotine product\u201d means a product that contains nicotine,\nregardless of source, that is intended for vaping or human\nconsumption and includes disposable vaping products, flavoured\nvaping products and nicotine pouches;\n\u201cno-smoking or no-vaping symbol\u201d means a symbol consisting of\na graphic representation of a red circle with a diagonal slash over\nboth a lit cigarette and an e-cigarette;\n\u201cpod\u201d means a type of cartridge that is designed for use with a\ndisposable vaping product or a vaping product;\n\u201cvape\u201d means inhaling or exhaling an aerosol or vapour that is\nproduced by a vaping product and \u201cvaping\u201d has a corresponding\nmeaning; and\n\u201cvaping product\u201d means \u2014\n(a) a device that produces emissions in the form of an aerosol and\nthat is intended to be brought to the mouth for inhalation of the\naerosol;\n(b) a part that may be used with a device referred to in paragraph\n(a);\n(c) a substance or mixture of substances, whether or not it contains\nnicotine, regardless of source, that is intended for use with a\ndevice referred to in paragraph (a);\u201d.\n5.\nRepeal and substitution of section 3 - restrictions on dealing with tobacco\nproducts\n5.\nThe principal Act is amended by repealing section 3 and substituting the following\nsection \u2014\n\u201cRestrictions on dealing with tobacco products and vaping\nproducts\n3.\n(1) A person shall not manufacture, package, label, sell, advertise or\npromote a tobacco product or a vaping product except in accordance\nwith this Act.\n(2) A person shall not import a tobacco product or a vaping product\nexcept in accordance with this Act, the Customs and Border Control\nAct (2024 Revision) and the Customs Tariff Act (2026 Revision).\u201d.\n6.\nInsertion of section 3A - prohibition on dealing with disposable vaping\nproducts\n6.\nThe principal Act is amended by inserting after section 3 the following section \u2014\n\nTobacco (Amendment) Bill, 2026\nClause 7\n\nc\n Introduced\nPage 15\n\n\u201cProhibition on dealing with disposable vaping products\n3A. A person shall not import, manufacture, package, label, sell, advertise or\npromote disposable vaping products.\u201d.\n7.\nAmendment of section 4 - registration as a prerequisite for obtaining a\nlicence to trade in tobacco products\n7.\nThe principal Act is amended in section 4 as follows \u2014\n(a)\nin the section heading, by inserting after the words \u201ctobacco products\u201d the\nwords \u201cor vaping products\u201d;\n(b) in subsection (1), by inserting after the words \u201ctobacco products\u201d wherever\nthey appear the words \u201cor vaping products\u201d;\n(c)\nin subsection (2), by inserting after the words \u201ctobacco products\u201d the\nwords \u201cor vaping products\u201d; and\n(d) by repealing subsection (7).\n8.\nInsertion of sections 4A and 4B - application for renewal of registration as\ndealer in tobacco products or vaping products; renewal of registration\n8.\nThe principal Act is amended by inserting after section 4 the following sections \u2014\n\u201cApplication for renewal of registration as dealer in tobacco\nproducts or vaping products\n4A. (1) A registered dealer in tobacco products or vaping products who\nwishes to apply for renewal of registration as a dealer in tobacco\nproducts or vaping products shall submit to the Chief Officer an\napplication in the prescribed form, accompanied by the prescribed\nfee.\n(2) Where an applicant under subsection (1) applies for renewal of\nregistration prior to the expiration of the applicant\u2019s registration as a\ndealer in tobacco products or vaping products, the applicant shall be\nentitled to continue trading pending the outcome of that application.\nRenewal of registration\n4B. (1) Subject to subsection (2), where an application for renewal of\nregistration as a dealer in tobacco products or vaping products is\nmade under section 4A(1), the Chief Officer may refuse to renew that\nregistration if the dealer in tobacco products or vaping products has\ncontravened this Act or any regulations under this Act.\n(2) If the Chief Officer decides to refuse an application for renewal of\nregistration the Chief Officer shall inform the applicant by written\nnotice as soon as practicable of the Chief Officer\u2019s intention not to\n\nClause 9\nTobacco (Amendment) Bill, 2026\n\nPage 16\n Introduced\nc\n\nrenew registration of the applicant as a dealer in tobacco products or\nvaping products.\n(3) An applicant who receives a written notice under subsection (2) shall\nhave thirty days from the date of service of the notice to make written\nsubmissions to the Chief Officer in respect of the refusal.\n(4) The Chief Officer shall consider any written submissions made under\nsubsection (3) and shall inform the dealer in tobacco products or\nvaping products within seven days of the receipt of the submission\nof the Chief Officer\u2019s decision on the matter.\u201d.\n9.\nAmendment of section 5 - Chief Officer to be provided with information on\nemissions\n9.\nThe principal Act is amended in section 5 by inserting after the words \u201ctobacco\nproduct\u201d the words \u201cor a vaping product\u201d.\n10.\nRepeal and substitution of section 6 - display of messages regarding health\n10. The principal Act is amended by repealing section 6 and substituting the following\nsection \u2014\n\u201cDisplay of messages regarding health\n6.\n(1) A person shall not manufacture, sell or import a tobacco product\nunless the package in which it is contained displays, in the prescribed\nform and manner, the prescribed information with regard to \u2014\n(a)\nthe product and emissions from the product;\n(b) the health hazards and health effects arising from the use of the\nproduct or from its emissions; and\n(c)\nother health-related messages such as advice on how to stop\nsmoking.\n(2) A person shall not manufacture, sell or import a vaping product\nunless the package in which it is contained displays, in the prescribed\nform and manner, the prescribed information with regard to \u2014\n(a)\nthe product and emissions from the product;\n(c)\nthe health hazards and health effects arising from the use of the\nproduct or from its emissions;\n(d) the nicotine content of the product; and\n(e)\nhealth warnings about nicotine addiction.\u201d.\n\nTobacco (Amendment) Bill, 2026\nClause 11\n\nc\n Introduced\nPage 17\n\n11.\nRepeal and substitution of section 7 - prohibition against promotion of\ntobacco products\n11. The principal Act is amended by repealing section 7 and substituting the following\nsection \u2014\n\u201cProhibition against promotion of tobacco products or vaping\nproducts\n7.\nA person shall not promote or cause to be promoted a brand element of a\ntobacco product or a vaping product \u2014\n(a)\nthrough direct or indirect means, including through sponsorship\nof an organisation, event, service, physical establishment or\nvehicle of any kind; or\n(b) in a manner that allows a consumer or purchaser of a tobacco\nproduct or a vaping product to be deceived or misled concerning\ncharacter, properties, toxicity, composition, merit or safety of a\ntobacco product or a vaping product.\u201d.\n12.\nAmendment of section 8 - prohibition against promotion of product identical\nor similar to a tobacco product\n12. The principal Act is amended in section 8 as follows \u2014\n(a)\nin the section heading, by inserting after the words \u201ctobacco product\u201d the\nwords \u201cor a vaping product\u201d;\n(b) in the chapeau \u2014\n(i)\nby deleting the words \u201cno person shall\u201d and substituting the words \u201ca\nperson shall not\u201d;\n(ii) by inserting after the words \u201ctobacco product\u201d the words \u201cor a vaping\nproduct\u201d; and\n(c)\nby inserting after the words \u201cany brand of tobacco product\u201d the words \u201cor\nvaping product\u201d.\n13.\nRepeal and substitution of section 9 - consideration as an inducement to\npurchase\n13. The principal Act is amended by repealing section 9 and substituting the following\nsection \u2014\n\u201cConsideration or free samples as an inducement to purchase\n9.\nA person shall not, in the course of business \u2014\n(a)\noffer or provide any consideration, direct or indirect, as an\ninducement to purchase a tobacco product or a vaping product,\nincluding \u2014\n\nClause 14\nTobacco (Amendment) Bill, 2026\n\nPage 18\n Introduced\nc\n\n(i)\na gift to a purchaser or a third party;\n(ii) a bonus;\n(iii) a premium;\n(iv) cash;\n(v) a rebate; or\n(vi) the right to participate in a game, lottery or contest;\n(b) distribute a tobacco product or a vaping product without\nmonetary consideration or in consideration of the purchase of a\nproduct or service or the performance of a service; or\n(c) provide or make available to any person free samples of tobacco\nproducts or vaping products at a point of sale or any other public\nplace.\u201d.\n14.\nRepeal and substitution of section 10 - sale of tobacco products\n14. The principal Act is amended by repealing section 10 and substituting the following\nsection \u2014\n\u201cSale of tobacco products, vaping products and nicotine products\n10. (1) A person shall not \u2014\n(a)\nsell a tobacco product, a vaping product or a nicotine product to\na minor;\n(b) make available a tobacco product, a vaping product or a\nnicotine product for consumption or use by a minor; or\n(c)\nhire or use a minor to sell or otherwise handle a tobacco\nproduct, a vaping product or a nicotine product.\n(2) A minor shall not buy a tobacco product, a vaping product or a\nnicotine product, whether for the minor\u2019s own use or otherwise.\n(3) It is not a defence to a prosecution for an offence against subsection\n(1) that the prospective purchaser appeared to be eighteen years of\nage or older.\n(4) A person shall not be found to have contravened subsection (1) if it\nis established that \u2014\n(a)\nthe person exercised due diligence by attempting to verify that\nthe prospective purchaser was eighteen years of age or older, by\nrequesting the production of a prescribed form of identification;\nand\n(b) the person reasonably believed that the document of\nidentification produced was authentic and that it was issued to\nthe person producing it.\n\nTobacco (Amendment) Bill, 2026\nClause 15\n\nc\n Introduced\nPage 19\n\n(5) A person shall not sell cigarettes \u2014\n(a)\nexcept in the full packages as prepared by the manufacturers of\nthe cigarettes; and\n(b) other than on the premises to which the registration relates.\u201d.\n15.\nRepeal and substitution of section 11 - display of tobacco products\n15. The principal Act is amended by repealing section 11 and substituting the following\nsection \u2014\n\u201cDisplay of tobacco products or vaping products\n11. (1) A retailer shall not sell a tobacco product or a vaping product unless\nthe retailer does so at the request of the purchaser.\n(2) Notwithstanding subsection (1), a retailer may post a sign\nindicating \u2014\n(a)\nthe availability of tobacco products or vaping products for sale;\n(b) the specific products or brands available for sale; and\n(c)\nthe prices of the products,\nand the brand element may be visibly displayed, but only as\nprescribed.\n(3) Unless otherwise prescribed, a person shall not sell a tobacco product\nor a vaping product through the mail, the Internet or a vending\nmachine.\n(4) A person shall not display a tobacco product or a vaping product at\nthe point of sale or in a manner that permits the customer to handle\nthe product prior to purchase except in the case of cigar bars and cigar\nstores.\n(5) A person shall not sell a tobacco product or a vaping product at retail\nunless a sign bearing the prescribed health warnings together with\nany other information that may be prescribed is posted at the place of\nsale.\n(6) A person shall not display, at any place or premises in which tobacco\nproducts or vaping products are sold at retail, a sign respecting the\nlegal age at which tobacco products or vaping products may or may\nnot be purchased, except in accordance with the regulations.\u201d.\n\nClause 16\nTobacco (Amendment) Bill, 2026\n\nPage 20\n Introduced\nc\n\n16.\nAmendment of section 12 - use of tobacco products\n16. The principal Act is amended in section 12 as follows \u2014\n(a)\nin the section heading, by inserting after the words \u201ctobacco products\u201d the\nwords \u201cor vaping products\u201d;\n(b) in subsection (1), by deleting the words \u201cno person shall smoke\u201d and\nsubstituting the words \u201ca person shall not smoke or vape\u201d;\n(c)\nin subsection (2) \u2014\n(i)\nin the chapeau, by deleting the words \u201cNo person shall smoke\u201d and\nsubstituting the words \u201cA person shall not smoke or vape\u201d;\n(ii) by inserting after the words \u201csmoking-allowed\u201d the words \u201cor\nvaping-allowed\u201d; and\n(iii) in paragraph (d)(ii), by deleting the words \u201ca no-smoking area\u201d and\nsubstituting the words \u201ca no-smoking or no-vaping area\u201d; and\n(d) by repealing subsection (4) and substituting the following subsection \u2014\n\u201c(4) The management of all public places where smoking and vaping are\nprohibited shall post signs, as may be prescribed, indicating that the\nestablishment is smoke-free and vape-free and the signs shall visibly\nbear the no-smoking or no-vaping symbol.\u201d.\n17.\nAmendment of section 14 - premises that Authorised Officers may enter\n17. The principal Act is amended in section 14 as follows \u2014\n(a)\nin the chapeau, by deleting the word \u201che\u201d and substituting the words \u201cthe\nAuthorised Officer\u201d;\n(b) by inserting after the words \u201ctobacco product\u201d wherever they appear the\nwords \u201cor a vaping product\u201d; and\n(c)\nin paragraph (b), by deleting the words \u201cor thing\u201d.\n18.\nAmendment of section 15 - powers of Authorised Officers\n18. The principal Act is amended in section 15 as follows \u2014\n(a)\nin paragraph (a), by deleting the words \u201cor thing\u201d and substituting the\nwords \u201cor a vaping product\u201d;\n(b) in paragraph (b), by deleting the words \u201cor thing\u201d and substituting the\nwords \u201cor the vaping product\u201d;\n(c)\nin paragraph (c), by deleting the words \u201cor thing\u201d and substituting the\nwords \u201cor a vaping product\u201d;\n(d) in paragraph (d), by inserting after the words \u201ctobacco product\u201d the words\n\u201cor the vaping product\u201d; and\n\nTobacco (Amendment) Bill, 2026\nClause 19\n\nc\n Introduced\nPage 21\n\n(e)\nin paragraph (e), by inserting after the words \u201ctobacco product\u201d the words\n\u201cor the vaping product\u201d.\n19.\nAmendment of section 17 - entry in a dwelling place\n19. The principal Act is amended in section 17(2)(a) by inserting after the words \u201ctobacco\nproducts\u201d the words \u201cor vaping products\u201d.\n20.\nAmendment of section 19 - seizure\n20. The principal Act is amended in section 19 as follows \u2014\n(a)\nin subsection (1), by deleting the words \u201cor thing\u201d and substituting the\nwords \u201cor a vaping product\u201d;\n(b) in subsection (2), by deleting the words \u201cor thing\u201d and substituting the\nwords \u201cor vaping product\u201d; and\n(c)\nin subsection (3), by deleting the words \u201cor thing\u201d and substituting the\nwords \u201cor a vaping product\u201d.\n21.\nAmendment of section 20 - application for restoration\n21. The principal Act is amended in section 20 as follows \u2014\n(a)\nin subsection (1), by deleting the words \u201cor thing\u201d and substituting the\nwords \u201cor a vaping product\u201d;\n(b) in subsection (2), by deleting the words \u201cor thing\u201d wherever they appear\nand substituting the words \u201cor the vaping product\u201d;\n(c)\nin subsection (3) \u2014\n(i)\nby inserting after the words \u201ctobacco product\u201d the words \u201cor the\nvaping product\u201d;\n(ii) by deleting the words \u201cor thing\u201d wherever they appear;\n(iii) by deleting the words \u201cmay order that the product\u201d and substituting\nthe words \u201cmay or that the tobacco product or the vaping product\u201d;\n(d) in subsection (4), by deleting the words \u201cor thing\u201d and substituting the\nwords \u201cor a vaping product\u201d; and\n(e)\nin subsection (5), by deleting the words \u201cor thing\u201d and substituting the\nwords \u201cor the vaping product\u201d.\n22.\nAmendment of section 21 - forfeiture\n22. The principal Act is amended in section 21 as follows \u2014\n(a)\nin subsection (1) as follows \u2014\n(i)\nby deleting the words \u201ca tobacco product or thing\u201d and substituting\nthe words \u201ca tobacco product or a vaping product\u201d; and\n\nClause 23\nTobacco (Amendment) Bill, 2026\n\nPage 22\n Introduced\nc\n\n(ii) by deleting the words \u201cthe product or thing\u201d and substituting the\nwords \u201cthe product\u201d; and\n(b) in subsection (3) as follows \u2014\n(i)\nby deleting the words \u201ca tobacco product or thing\u201d and substituting\nthe words \u201ca tobacco product or a vaping product\u201d; and\n(ii) by deleting the words \u201cthe product or thing\u201d and substituting the\nwords \u201cthe product\u201d.\n23.\nAmendment of section 22 - offences and penalties\n23. The principal Act is amended in section 22 as follows \u2014\n(a)\nin subsection (1) as follows \u2014\n(i)\nby deleting the words \u201csection 3\u201d and substituting the words \u201csection\n3, 3A\u201d; and\n(ii) by deleting the words \u201cis guilty of an offence and liable\u201d and\nsubstituting the words \u201ccommits an offence and is liable\u201d;\n(b) in subsection (2), by deleting the words \u201cis guilty of an offence and liable\u201d\nand substituting the words \u201ccommits an offence and is liable\u201d;\n(c)\nin subsection (3), by deleting the words \u201cis guilty of an offence and liable\u201d\nand substituting the words \u201ccommits an offence and is liable\u201d;\n(d) in subsection (4), by deleting the words \u201cis guilty of an offence and liable\u201d\nand substituting the words \u201ccommits an offence and is liable\u201d;\n(e)\nin subsection (5) as follows \u2014\n(i)\nby inserting after the word \u201csmoke-free\u201d the words \u201cand vape-free\u201d;\nand\n(ii) by deleting the words \u201cis guilty of an offence and liable\u201d and\nsubstituting the words \u201ccommits an offence and is liable\u201d;\n(f)\nin subsection (6), by deleting the words \u201cis guilty of an offence and liable\u201d\nand substituting the words \u201ccommits an offence and is liable\u201d; and\n(g) in subsection (7), by deleting the words \u201cis guilty of an offence and liable\u201d\nand substituting the words \u201ccommits an offence and is liable\u201d.\n24.\nAmendment of section 23 - vicarious liability of registrant\n24. The principal Act is amended in section 23(1) by deleting the words \u201cis guilty of an\noffence\u201d and substituting the words \u201ccommits an offence\u201d.\n25.\nAmendment of section 25 - power to make regulations\n25. The principal Act is amended in section 25(2) as follows \u2014\n(a)\nin paragraph (a), by deleting the words \u201csmoke free\u201d and substituting the\nwords \u201csmoke-free and vape-free\u201d;\n\nTobacco (Amendment) Bill, 2026\nClause 25\n\nc\n Introduced\nPage 23\n\n(b) in paragraph (e) \u2014\n(i)\nby inserting after the words \u201ctobacco product\u201d the words \u201cor a vaping\nproduct\u201d; and\n(ii) by deleting the word \u201che\u201d and substituting the words \u201cthe prospective\nbuyer\u201d; and\n(c)\nin paragraph (f), by inserting after the words \u201ca single package\u201d the words\n\u201cand the maximum limit in relation to the nicotine level in a single vaping\nproduct\u201d.\nPassed by the Parliament the\nday of\n, 2026.\nSpeaker\nClerk of the Parliament","akn_extracted_at":"2026-08-14 08:12:56.78949+00","is_tombstone":"f","tombstone_provenance":"{}","future_commencement_provenance":"{}","cms_id":"2026-0019","law_type":"bill","year":"2026","number":"19","title":"Tobacco (Amendment) Bill, 2026","status":"bill"},"provenance":{"files":[{"file_id":"148966","expr_id":"24776","kind":"akn_xml","filename":"2026-0019.akn.xml","source_url":null,"storage_path":"\/home\/q\/Dropbox\/coding\/kyleg-data\/working\/BILLS\/2026\/2026-0019\/2026-0019.akn.xml","content_md5":"07fc17bb6733cae3c049f786b709eb61","byte_size":"45153","http_last_modified":null,"fetched_at":"2026-08-14 08:12:56.912515+00"},{"file_id":"148918","expr_id":"24776","kind":"pristine_pdf","filename":"2026-0019.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2026\/2026-0019\/2026-0019.pdf","storage_path":"\/home\/q\/Dropbox\/coding\/kyleg-data\/pristine\/BILLS\/2026\/2026-0019\/2026-0019.pdf","content_md5":"ada528c9fb73f5fc55afb3d1af329477","byte_size":"365359","http_last_modified":null,"fetched_at":"2026-09-13 08:07:59.197703+00"},{"file_id":"148919","expr_id":"24776","kind":"working_pdf","filename":"2026-0019.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2026\/2026-0019\/2026-0019.pdf","storage_path":"\/home\/q\/Dropbox\/coding\/kyleg-data\/working\/BILLS\/2026\/2026-0019\/2026-0019.pdf","content_md5":"ada528c9fb73f5fc55afb3d1af329477","byte_size":"365359","http_last_modified":null,"fetched_at":"2026-09-13 08:07:59.197703+00"}],"paragraph_count":17,"latest_history":{"history_id":"340462","change_type":"CREATE","changed_at":"2026-09-13 07:31:49.871899+00","change_source":"CRAWL_DELTA","change_reason":"recent-changes [Bills]: new PDF for known work (not in legislation_files)"}},"quality":null}