Frenchville Gifts and Tobacconists: Suspicious activity at new Rockhampton store

Australian laws state vapes containing nicotine are to only come from a pharmacy and to someone who has a script. See what the store is selling.

A new store has opened in Rockhampton selling tobacco products and nicotine vapes that are against Queensland laws.

Frenchville Gifts and Tobacconist opened in late July, next to the Foodworks in the Dean Street complex.

The store is selling vapes containing nicotine, which in Queensland, legally should come from a pharmacist, and only to someone who has a script.

A vape bought from the Frenchville Gifts and Tobacconists.

Vape flavours for sale at Frenchville Gifts and Tobacconists.

According to Queensland Health, any electronic cigarettes or electronic cigarette products containing nicotine are illegal unless on prescription and supplied from a pharmacist or through Therapeutic Goods Administration (TGA) processes.

Nicotine vapes are considered an “unapproved medicine” and they have not been assessed by the TGA for safety, quality and efficacy.

It is an offence under the Health (Drugs and Poisons) Regulation (HDPR) 1996, for a person to manufacture, obtain, possess, prescribe, dispense, sell, advertise, use or destroy nicotine, unless the person is specifically authorised or holds an approval under the HDPR.

The maximum penalty for nicotine vapes is $9108.

Two staff members at the shop were witnessed to be eager to chat to customers and tell them all about the various vape flavours available and openly tell customers they have nicotine in them.

One the top is a menthol cigarette bought from the Frenchville Gifts and Tobacconists. The bottom one is from a packet with the legal government branding from another store and has the serial number.

Branded cigarettes bought from Frenchville Gifts and Tobacconist.

This packet was purchased from the Frenchville Gifts and Tobacconists. The Australian Government introduced plain packaging of the green and brown colours in 2012. Under the Act, the maximum penalty in court for supplying a smoking object that promotes a trademarks, brand names or the manufacturer is $19,299.

The store is also selling old-school cigarette packets that have the cigarette brand colours and logos, not the mandated plain packaging with green and brown colours that were introduced in 2012.

The packs are also quite cheap in comparison to other stores – $20 for a pack of 20s.

Under the Act, the maximum penalty in court for supplying a smoking object that promotes trademarks, brand names or the manufacturer is $19,299.

The store stocks a range of products including stuffed toys, car and alcohol brand memorabilia, incense, decorative statues and tobacco related products.

Glass cabinet and shelves on display at the Frenchville Gifts and Tobacconists.

Under the Tobacco and Other Smoking Products Act 1998, section 26C, all smoking and related products must be out of sight of customers.

In the Act, smoking products include tobacco products, herbal cigarettes, loose smoking blend, personal vaporisers (e-cigarettes or vape pens), vaporiser related products and smoking related products include cigarette paper, filter, pipe, tobacco flavouring.

The smoking products must only be kept on the seller’s side of the point of sale, above or below the counter, not accessible by customers, and be concealed by a covering.

The Act states the “fleeting incidental view by a customer of an area of no more than 1 sqm of smoking products is permitted only to the extent required to carry out activities in the ordinary course of the supplier’s business”.

The Frenchville Gifts and Tobacconists captured with no covering over the glass cabinets and shelves with smoking related products.

Upon a visit to the Frenchville store, a number of these smoking products could be seen on full display to customers.

Grinders were accessible by customers from the shelves and filters, papers, more grinders and other tobacco related products were on display from a glass cabinet at the counter and shelves behind the counter.

Having an unauthorised smoking product display can attract an on the spot fine of $551.40 and up to $19,299 in court.

Frenchville Gifts and Tobacconists in operation.

The offences in the Act are enforced by Queensland Health Environmental Health Officers who have the authority to issue individuals and businesses with warnings, on-the-spot fines and improvement notices, can initiate legal proceedings and inspect premises.

Queensland Health was unable to comment on individual stores however this publication understands complaints have been lodged to the authority about the Frenchville Gifts and Tobacconists store.

Frenchville Gifts and Tobacconists opened in late July.

This isn’t Rockhampton’s first hit at illicit tobacco trading.

A store named Rocky Tobacconist opened in Musgrave Street in November however after reports were published by The Morning Bulletin about the activity, the store closed.

The store was selling branded cigarette packets, had smoking products on display including glass pipes, and didn’t have any mandatory Queensland Government signage.

Originally published as Frenchville Gifts and Tobacconists: Suspicious activity at new Rockhampton store