TOBACCO-LEGISLATION

Issued by: Department of Health

29 February 2000

The Department of Health took an initiative of amending the tobacco legislation with the aim of preventing harmful effects of tobacco products in South African population. As custodian of health services and standards, the Department has a moral obligation to the population to protect them from hazardous effects of tobacco products.

The regulations of the Act were gazetted on 03 December 1999 for public comments for a period of three months, which ends on 03 March 2000.

The Act is aimed at among other things to:

• Prohibit advertising of tobacco products on goods other than tobacco products, promotion of tobacco products through sponsored events and the free distribution of tobacco products as gifts or cash prizes.
• Protect children, youth and other vulnerable groups from being bombarded by messages that associate tobacco products with glamour, success, fun filled lifestyle and prosperity. As these groups will start a lifelong and deadly addiction from an early ag
• Protect the rights and health of non-smokers, as passive smoking is detrimental to their health. Research has proven that children whose parents are smokers are more likely to suffer from, among other diseases, asthma, emphysema, bronchitis, lung infeons, wheezing, pneumonia, colds.
• Ban advertising and sports sponsorships by companies of tobacco products, bringing to an end promotional campaigns that contribute to the widespread use of tobacco.
• Regulate and reduce nicotine and tar content in tobacco products. From 31 December 2000, cigarettes sold in South Africa will not contain more than 1,5mg tar and 1,5-mg nicotine per cigarette and from 31 December 2002 cigarettes will not contain more t 1,2-mg tar and 1,2-mg nicotine per cigarette.

These aims will be achieved by creating smoke free public places. The legislation stipulates that public places should have smoking and non-smoking areas, and that not more than 25% of public places including the workplace, restaurant, pub, shebeen or bar should be allocated for smoking.

A concrete wall or solid partition should divide the smoking area from non-smoking area. The smoking area should have ventilation in a form of a window or an electronic ventilation. If the floor space takes only 32 people no smoking is allowed at all.

Health warnings on packaging of all tobacco products available in South African market are compulsory to ensure that people who purchase cigarettes are aware of the dangers of their habit.

The Act is aimed at ensuring clear terms of enforcement or fines in breaking any of the above legislation. Fines will be enforced on those who do not adhere, for instance up to R200 fine will be charged for smoking in non-smoking area.

Children under the age of 16 years are not allowed to purchase tobacco products and retailers can be fined should they be found selling tobacco products to children.

A smoke-free environment will limit the number of tobacco related illnesses that from which the population suffers. This will thus relieve health centres of the responsibility of treating such disease and instead diverting those resources to other areas of care.