The Ministry of Social Affairs and Health issues in virtue of section 10, paragraph 3, of the Act on Measures to Reduce Tobacco Smoking (487/1999), hereinafter the Tobacco Act, the following order on the drawing up, content and implementation of an own control plan with a view to preventing sale of tobacco products and smoking accessories to minors.

 

1.            Drawing up of the own control plan

 

Entrepreneurs are responsible for drawing up and implementing at their own expense an own control plan.

 

The own control plan constitutes written instructions for implementing at the sales outlet the ban on sales of tobacco products and smoking accessories according to section 10 of the Tobacco Act.

 

2.            Content of the own control plan

 

To intensify the ban on sales the plan must include the following:

 

·         Methods by which an entrepreneur ensures that the staff knows and knows how to act so that tobacco products are not sold to persons under the age of 18. The entrepreneur shall see to it that the employees receive adequate training, and in particular that new employees, substitutes and other employees hired on a fixed-term basis are inducted into their tasks.

 

·         It must appear from the plan how it is seen to it that the notice concerning the ban on sales of tobacco and tobacco products according to section 11 of the Decree on Measures to Reduce Tobacco Smoking (174/1995) is visibly placed.  It is recommended that the following sentence be added to it: ”Young persons be prepared to give proof of your age.”

 

·         Procedures of guiding the sales staff to ask young persons for an identity card furnished with a photograph, driving licence, passport etc.

 

·         It must appear from the plan how the entrepreneur follows that the sales staff observe the instructions given.

 

·         The name of the person responsible for the control.

 

3.            Implementation of the own control plan

 

The implementation of the own control plan involves and requires recording, monitoring and assessing the control. If the entrepreneur and the salesperson are one and the same person, the significance of the recording is emphasised in particular.

 

The following must appear from the recording of own control:

 

·         the checks made;

·         results of control;

·         to which extent there have been problematic situations, for instance customers have presented forged identity cards, behaved threateningly, complained;

·         remedying measures undertaken;

·         training for the staff on the issue;

·         responsible person;

·         observations relating to reassessment of the own control system; and

·         measures undertaken by authorities.

 

The entrepreneur, the person responsible for the own control or a salesperson shall be in charge of the recording. It is recommended that the recording be done on a specific form.

 

From the recording of own control can, as appropriate, appear e.g. the following measures relating to the skills of the staff and to the monitoring of its activities:

 

·         inquiries addressed to the staff from time to time or other follow-up regarding to which extent they have refused to sell tobacco to persons under the age of 18, including their age if known;

·         making inquiries to customers;

·         date or week of measure, e.g. at the start of schools in autumn;

·         a survey of asking for certificates of identity.

 

The system must be reassessed at regular intervals, for instance once a year or always when needed.

 

4.      Supervision

 

Failure to draw up an own control plan, as well as sale of tobacco products or accessories to persons aged under 18 is according to section 31, paragraph 4, of the Tobacco Act a punishable act.

 

The authorities in charge of supervising the implementation of own control according to section 14 of the Tobacco Act are the municipal supervisory authorities.

 

The own control plan must be at request presented to the supervisory authority.

 

5.   Entry into force

 

This order enters into force on 1 March 2000.

 

 

Helsinki 8 December 1999