Tobacco Products Control Act, 1993
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The Tobacco Products Control Act was introduced in
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
in 1993, where
smoking Smoking is a practice in which a substance is burned and the resulting smoke is typically breathed in to be tasted and absorbed into the bloodstream. Most commonly, the substance used is the dried leaves of the tobacco plant, which have bee ...
has been rated the second highest health concern, after HIV/AIDS. This act has been amended several time during the past decade and today South Africa has some of the strictest tobacco control measures ever adopted by the government of a developing country. It is estimated that cigarette consumption has fallen dramatically since the early 1990s while the percentage of adult smokers in the country has dropped from 32 to 26.5 percent.


The Tobacco Products Control Act of 1993

The
South African Government The Republic of South Africa is a parliamentary republic with three-tier system of government and an independent judiciary, operating in a parliamentary system. Legislative authority is held by the Parliament of South Africa. Executive authority ...
passed the first Tobacco Products Control Act in 1993 and started implementing the act in 1995. The act regulated smoking in public areas and prohibited tobacco sales to people under the age of 16. Some aspects of
tobacco advertising Nicotine marketing is the marketing of nicotine-containing products or use. Traditionally, the tobacco industry markets cigarette smoking, but it is increasingly marketing other products, such as electronic cigarettes and heated tobacco products ...
were also regulated for example labelling.


The Tobacco Products Control Amendment Act - 1999

The 1993 act was not considered to be comprehensive enough and the Tobacco Products Control Amendment Act was passed in 1999. This act bans all advertising and promotion of
tobacco Tobacco is the common name of several plants in the genus '' Nicotiana'' of the family Solanaceae, and the general term for any product prepared from the cured leaves of these plants. More than 70 species of tobacco are known, but the ...
products, including
sponsorship Sponsoring something (or someone) is the act of supporting an event, activity, person, or organization financially or through the provision of products or services. The individual or group that provides the support, similar to a benefactor, is k ...
and free distribution of tobacco products. The act also restricts smoking in public places which includes the workplace, restaurants and bars and public transport. The act also stipulates penalties for transgressors of the law, and specifies the maximum permissible levels of
tar Tar is a dark brown or black viscous liquid of hydrocarbons and free carbon, obtained from a wide variety of organic materials through destructive distillation. Tar can be produced from coal, wood, petroleum, or peat. "a dark brown or black bit ...
and
nicotine Nicotine is a natural product, naturally produced alkaloid in the nightshade family of plants (most predominantly in tobacco and ''Duboisia hopwoodii'') and is widely used recreational drug use, recreationally as a stimulant and anxiolytic. As ...
. The regulations were implemented in 2001.


The Tobacco Products Control Amendment Act - 2007

The government proposed further amendments to the bill in 2007 which will seek to deal with new practices designed to circumvent the provisions of the Act. These amendments will also aim to bring the current law into compliance with the
World Health Organization Framework Convention on Tobacco Control The World Health Organization Framework Convention on Tobacco Control (WHO FCTC) is a treaty adopted by the 56th World Health Assembly held in Geneva, Switzerland on 21 May 2003. It became the first World Health Organization treaty adopted under ...
(FCTC). This framework has been
ratified Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inte ...
by the South African government. The former minister Madlala-Routledge was quoted:
The Bill further proposes a number of amendments to the Act, which are designed to promote health and prevent diseases. The main provisions of the Bill are to: * amend the current Act so as to strengthen the sections which prohibit advertising, promotion and sponsorship * remove misleading package descriptors like "light" and "mild" * control the ingredients in and emissions from tobacco products * increase penalties for breaking the law.


The Tobacco Products Control Amendment Act, 2008

The act was amended by Act 36 of 2008 with these changes:https://www.gov.za/sites/default/files/31790_23.pdf * Changes the definitions of advertising * specifically includes regulation of importers * Specifically bans promotions and product placement * Raises the minimum age to buy / obtain cigarettes to 18 years * Prohibits the sale of
candy cigarettes Candy cigarettes are a candy introduced in the late 19th century made out of chalky sugar, bubblegum or chocolate, wrapped in paper and packaged and branded so as to resemble cigarettes. Some products contain powdered sugar hidden in the wrapper ...
* Prohibits the sale of cigarettes at educational premises for people under 18 or on health-related premises * Prohibits online or postal sales of tobacco products * Prohibits giving away cigarettes or offer rewards or prizes for their purchase * Additional regulation of cigarette vending machines


See also

*
Smoking ban Smoking bans, or smoke-free laws, are public policies, including criminal laws and occupational safety and health regulations, that prohibit tobacco smoking in certain spaces. The spaces most commonly affected by smoking bans are indoor work ...
* Tobacco advertising#Africa


References


External links


Department of Health
{{Webarchive, url=https://web.archive.org/web/20151221202508/http://www.doh.gov.za/ , date=2015-12-21 Health law in South Africa Tobacco control South African legislation Smoking in South Africa 1993 in South African law