Who is popular today?

The Jamaica Chamber of Commerce (JCC) says that the new Tobacco Control Bill will create significant challenges for some commercial businesses.According to the chamber's CEO Larry Watson, the Bill appears to be written to deal with companies and people who sell only tobacco products. But he reminded the joint select committee considering severe restrictions on tobacco sales to meet World Health Organization (WHO) standards that some companies handle other product lines, as well as tobacco."There are companies which handle multiple product lines, including tobacco products, and we are of the opinion that the Bill, as written, will create significant challenges for these companies," he said in a JCC submission to the committee on December 1."To put it another way, one may find that you have a distribution company and only five or 10 per cent of your sales may be in tobacco products and, therefore, some of the composition of the Bill that is targeted specifically to the company and/or the person would create challenges," he said.Watson explained that, if somebody is selling tobacco, along with food or pharmaceuticals, or personal care items, "the restrictions on the tobacco products would have an effect on the others".He said that section 24 of the Bill, containing the fourth schedule, would disrupt the relationship between key business partners, by prohibiting gifts and offering of discounted products, retail incentives "and the offerings of financial support to venue operators".He also noted that Clause 9(iii) of the Bill prohibits investment in tobacco and related industries, which could be "unconstitutional"."The Charter of Rights stipulates that for the same to be done, it must be demonstrably justified in a free, democratic society," he said, arguing that the clause can be interpreted to mean that civil servants would be barred from investing in some of Jamaica's leading manufacturing and distribution companies, if these companies are selling tobacco products.Watson's reference was to a provision barring public servants from investing in the tobacco industry, and prohibiting them from operating a tobacco manufacturing, wholesale, retail or import business.It would also prevent public servants from holding shares in companies like Carreras, and defines public body as a ministry or department of government, including a statutory body or authority, a government company, or an executive agency. This has led to questions being raised about the constitutionality of section 13 of the Act, which some lawyers argue is discriminatory under the Jamaican Constitution.Watson also pointed out that Clause 19 of the Bill prohibits the sale of tobacco in public places, when the definition of "public places" in the interpretation section of the Bill notes that it is "any structure, facility, place of assembly or other places available to be used collectively by the public, including government offices and space or a building of any type, regardless of the ownership of, or the right of access to any such place, office space, or building".He said that the inclusion of "public place" will prohibit the sale of tobacco and related products from all stores, shops, supermarkets and bars, among other places."This Bill establishes strict guidelines on which entities are technically prohibited from selling tobacco products and how others ought to operate," he noted.Watson also criticised Clause 4 of the Bill, which reserves for the minister of health, the right to regulate design features, labelling, packaging, sale, distribution and advertising control, as well as testing methods and standards and the prohibition of ingredients."We are of the considered view that the power of the minister, as outlined in the Act, is outside of the minister's remit," he told the committee."Some regulatory measures should not be performed by ministerial fiat, but ought to be mandated by the Parliament, as the Constitution dictates that the passing of laws is the prerogative of Parliament, and not a minister," he said,He urged the committee to "consider the possibility that one day Jamaica could have a minister of health that is pro-tobacco", as the consequences could be far-reaching.The committee will resume in January, when it will go to the final stage of the process to complete a report to both Houses of Parliament for approval to become legislation early in 2022.