Vaping devices could soon be categorised as tobacco products in the Virgin Islands, and businesses could be required to police customers who try to partake on their premises.
Such measures are proposed in the original version of an amendment the House of Assembly passed on Monday, though the final version of the law won’t be made public until it receives assent from the governor.
In front of visiting students from the VI School of Technical Studies and the Claudia Creque Educational Centre, Health and Social Development Minister Vincent Wheatley stood in the HOA to introduce the proposed amendment, which he said would update the VI’s existing smoking laws for the first time in more than 15 years.
“The original tobacco product control regulations was introduced in 2007 under the Tobacco Products Control Act, 2006. This gave us a solid foundation for regulated tobacco use and protected the public from its harmful effects,” the health minister said. “However, madam speaker, the tobacco industry has evolved over the years, finding new ways to market products and push boundaries, which means that our laws must evolve as well.”
In addition to requiring new graphic warnings on cigarette packs, the amendment would redefine e-cigarettes as tobacco products and include their vapour in the definition of “smoke,” according to the minister.
This would mean that businesses would be required to police vaping under a provision in the original law that includes fines and other penalties for allowing smoking on their premises.
The amendment also includes stiffer fines of up to $1,000 for smoking in a public place and fines of up to $500 for smoking in a vehicle with an occupant under the age of 18.
Hotel regulations
Claiming that the VI community is moving away from smoking on its own, Mr. Wheatley said that no VI hotels allow the practice even though they are permitted to allow it in up to 25 percent of their rooms.
To reflect this private-sector sentiment, he said, the amendment calls for all hotel rooms in the territory to be smoke-free.
“This shows that our hospitality sector is already ahead of the code, and this amendment would simply formalise that positive shift,” the minister said.
New warnings
Mr. Wheatley also said that graphic warnings on packs of cigarettes, such as those used in the European Union, are one of the most impactful deterrents against smoking.
“This means that every time someone picks up a package of cigarettes, they’ll be faced with a clear and unveiled reminder of the dangers of smoking,” Mr. Wheatley said. “Studies have shown that strong graphic warnings are among the most effective ways to reduce smoking rates, especially among our young people.”
Rising to add his input on the bill, opposition member Mitch Turnbull (R-D2) suggested that further thought be given to the enforcement of the proposed legislation.
“We must ensure that there’s proper compliance,” Mr. Turnbull said. “And that compliance cannot be done without the proper enforcement of the provisions of the law.”
Education
Opposition member Stacy Mather (R-at large) commended the bill but said it was late in coming.
“A few years ago, I met a young man from Sea Cows Bay — he had just returned from college, and he had this device in his hand and he was sucking on it and puffing it out, and I was like, ‘Okay, vaping has arrived,’” Mr. Mather recounted. “That was maybe 10 years ago. And here we are today talking about ‘How do we deal with vaping?’”
Additionally, Mr. Mather asked if statistics and other information could be provided concerning the extent to which VI residents partake in tobacco products.
“Before we go into this and we say, ‘Let’s slam it all down,’ how many people in our territory are vaping?” Mr. Mather asked. “Can we find out the businesses in town that have set up? How many are they selling per month? Are they carding people? Are they looking for IDs?”
Finally, the at-large member mentioned Rastafarians, who regard marijuana smoking — which the current government has sought to legalise — as a sacrament.
“There was a lot of talk in this House — I think it was the fourth House; this is the fifth — about the legalisation of cannabis, and we can’t get anything done,” Mr. Mather said. “We can’t have any conversation of it, but it would fall right into smoking, Madam Speaker, and that’s why I’m bringing it up.”
Premier’s comments
Premier Natalio “Sowande” Wheatley spoke last, before the HOA entered a closed-door committee session to discuss the bill in private.
The premier commended opposition member Ronnie Skelton for his part in enacting the 2006 act when he was minister of health.
“As it pertains to their own health, [smokers] have a certain level of choice,” Mr. Wheatley said. “And of course we have to recognise, as I think one member debated, that when [smokers] become a drain on the public health system, there has to be additional considerations in terms of how we finance that type of thing.”
The premier then broadened the scope of his speech to include addictive substances besides tobacco.
“We just have to be conscious of the other things that happen in our society which impact our health,” he said. “And at some point, we have to at least have a public discussion on them.”
Consuming sugar, he added, can be just as dangerous as smoking.
“Sugar is perhaps one of the most destructive substances as it pertains to illnesses that persons have right now,” Mr. Wheatley said. “And if you look at the products in the store, all of them are filled with sugar.”
All HOA members in attendance spoke in support of updating the bill, and many suggested more comprehensive additions to better protect the public.
After the HOA passed the bill, the sitting recessed until 1 p.m. next Monday.
