The Tobacco Products Control Act was introduced in
South Africa
South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...
in 1993, where
smoking
Smoking is a practice in which a substance is combusted, and the resulting smoke is typically inhaled to be tasted and absorbed into the bloodstream of a person. Most commonly, the substance used is the dried leaves of the tobacco plant, whi ...
has been rated the second highest health concern, after HIV/AIDS.
This act has been amended several times 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 Government of South Africa, or South African Government, is the national government of the Republic of South Africa, a parliamentary republic with a three-tier system of government and an independent judiciary, operating in a parliamentary ...
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 pr ...
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 b ...
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 Compliance can mean:
Healthcare
* Compliance (medicine), a patient's (or doctor's) adherence to a recommended course of treatment
* Compliance (physiology), the tendency of a hollow organ to resist recoil toward its original dimensions (this is a s ...
with the
(FCTC). This framework has been
ratified
Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the case of bilateral treaties, ratification is usuall ...
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 employ ...
*
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