Vol.414 , No. 20687 , 3 December 1999
Regulation Gazette, No. 6689
No. R. 1452
GOVERNMENT NOTICE
DEPARTMENT OF HEALTH
REGULATIONS RELATING TO THE PROVISION OF EXEMPTION FOR ADVERTISING WITH UNINTENDED CONSEQUENCES OR TH PHASING OUT OF EXISTING SPONSORSHIP OR CONTRACTUAL OBLIGATIONS
The Minister of Health intends, in terms of section 3(5) of the Tobacco Products Control
Act, 1993 (Act No. 83 of 1993), as amended by the Tobacco Products Control Amendment Act,
1999 (Act No.12 of 1999) to hereby declare the regulations relating to the exemptions of
advertising with unintended consequences or the phasing out of existing sponsorships or
contractual obligations, as set out in the Schedule.
Interested persons are invited to submit any substantiated comments or make any representatives on the proposed regulations to the Director-General Health, Private Bag X828, Pretoria, 0001 (for the attention of the Director: Health Promotion), within three months of the date of publication if this notice.
SCHEDULE
Contracts, undertakings or agreements for the organisation, sponsorship or promotion or any organised activity in the Republic of South Africa, by any manufacturer, importers, distributor or retailer of any tobacco product, which exists and is binding as on the date signed by the President (14th April 1999) of the Tobacco Products Control Amendment Act, 1999 (Act No. 12 of 1999) (hereinafter referred to as the "Amending Act"), shall continue for a period not exceeding 2 years from the 14th April 1999, but subject to the conditions stipulated in section 2 hereof.
(a) A minimum of 30% of any print or outdoor communication about an organised activity for which consideration is derived directly or indirectly from a tobacco manufacturer, importer, distributor or retailer, shall contain prescribed health messages and/or warnings; and
For every 3 electronic communications about an organised activity for which consideration is derived directly or indirectly from a tobacco manufacturer, importer, distributor or retailer, there shall be one communication of equal length and prominence providing health messages and/or warnings approved by the Department of Health which shall be rotated on at least a quarterly basis.
The cost of the aforementioned health messages and/or warnings shall be borne by the persons responsible for the communications about the organised activity.
Any communication whether, in print or electronic shall consist of written words, numbers and brand names only; shall not contain any pictorial representation; and any print communication shall be in black and white print only.
(1) With reference to section 1 hereof, if in writing , copies of such contracts, signed by the parties thereto and to the effect that such contract, undertaking, agreement or understanding had been concluded or reached, and further specifying the period of the same, shall, within one month from the date of proclamation of the Amending Act, be lodged with the office of the Director-General of Health; and
(2) The onus of proving that there has been compliance with this section shall be on the party alleging such compliance.
(1) The following advertisements, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products are exempted from the provisions of section 3 of the Tobacco Products Control Act, 1993 (Act No. 83 of 1993), as amended:
Any advertisement appearing in any book, magazine or newspaper printed outside the Republic of South Africa, or in any film or video transmission made outside the Republic of South Africa, unless -
the principal purpose of such a book, magazine or newspaper, is the promotion of the use of tobacco or tobacco products; or
it is intended for sale, distribution or exhibition primarily in the Republic of South Africa; or
in the case of an advertisement in any radio, television or any other electronic transmission, it is targeted primarily at a South African audience.
(2) Every importer and distributor of books, magazines, newspapers, pamphlets, videos and films submit to the office of the Director-General of Health, annually, a full list of all advertisements relating to tobacco products contained in such books, magazines, newspapers, pamphlets, videos and or films, imported into and/or distributed by him, her or it into the Republic of South Africa.