How Does the SFOA, 2017 Affect Your Business?
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In addition to restricting places were smoking and vaping is allowed, the Smoke-Free Ontario Act, 2017 (SFOA, 2017) prohibits the display and promotion of tobacco products, branded tobacco product accessories, vapour products, and any other prescribed product or substance at places where they are sold. It also bans the sale of tobacco products, e-cigarettes, and e-juice to anyone under the age of 19.
These regulations have already been in place for tobacco products under the previous legislation, but the regulations related to vapour products, e-cigarettes, and other prescribed products and substances are new under the SFOA, 2017.
Tobacconist and Speciality Vape Store Registration
The regulation will include exemptions for Tobacconists and Specialty Vape Stores to display these products if specific conditions are met. These exemptions require business owners to register annually with the Windsor-Essex County Board of Health by completing the Application for Registration as a Speciality Vape Store or Tobacconist and follow the conditions outlined below:
- Are permitted to display and promote tobacco products, if a minimum of 85% of the store's revenues or inventory is dedicated to speciality tobacco products.
- These requirements have expanded from 50% under the previous Act.
- The other 15% of store's revenue/inventory can be dedicated to items associated or branded with the name of the tobacconist or a brand of tobacco (not food or lottery).
Speciality vape shops:
- Individuals must be 19 years or older to enter.
- Sampling or testing of vape products is permitted, provided no more than two patrons at a time.
- Are permitted to display and promote vapour products, if a minimum of 85% of the store's revenues or inventory is dedicated to vapour products.
- The other 15% of store's revenue/ inventory can be dedicated to items associated or branded with the name of the vape store or a brand of vape product (not food or lottery).
- Are not allowed to sell tobacco products.
For more information, view the How the SFOA, 2017 Affects Tobacco and Vapour Product Retailers fact sheet.
If you have any questions related to the SFOA, 2017 please contact our Tobacco Enforcement Hotline at 519-258-2146 ext. 3100.