A stringent set of penalties in proposed new tobacco legislation for South Africa will include fines and/or imprisonment for people who smoke in public areas and around children.
The harshest penalties sought are for businesses violating the proposed laws, with maximum sentences of 15 and 20 years respectively for anyone selling tobacco products to children or failing to meet manufacturing standards.
News24 reports that the Tobacco and Electronic Delivery Systems Control Bill was presented to Parliament’s Health Committee again last week, proposing stricter interventions to crack down on smoking, as gains of the past 30 years are slowly being reversed.
While industry has called for more consultation, warning of job cuts and other impacts on the tobacco sector, the Department of Health (DOH) argues that current legislation is outdated and has failed to keep pace with new tobacco like nicotine patches, vape pods, and e-liquids.
'Not a ban'
At the committee meeting, Deputy Health Minister Joe Phaahla said the Bill was a key part of combating nicotine addiction.
The country’s smoking prevalence dropped from 33% in 1993 to 24% in 2003, and declined further to 21% in 2010.
“However,” he added, “tobacco companies have become more innovative with their advertising and new products, meaning we have lost ground. Now, we are back up to 24% smoking prevalence.”
He said the Bill was not recommending a complete ban on smoking but aimed to protect “vulnerable populations” like pregnant women and children.
It also wanted to slash the burden of smoking-related disease on healthcare services, and to align the country’s smoking laws with the WHO’s 2005 Framework Convention on Tobacco Control (FCTC).
Prison on the cards
The Bills wants a total ban on the display of tobacco products at points of sale, like shopping counters, and a ban on the sale of vaping or e-cigarettes at vending machines.
Tobacco products will also no longer be sold or distributed online through postal services or couriers. Packaging for products like cigarettes will be managed and regulated to include graphic health warnings and pictorials.
Public places and workplaces will introduce 100% smoke-free areas, with smokers also banned from smoking in the presence of children or disturbing neighbours with tobacco products in their private dwellings, according to the Bill.
Currently, designated smoking areas are limited to 25% of an establishment and should include a solid partition between the area and proper ventilation.
Penalties would be subject to regulations published by the Minister of Health.
According to the Bill, however, the proposals include the following:
• People smoking in non-smoking areas, including public places, near windows or in private dwellings where smoke interferes with their neighbours, could face a fine and/ or three months in prison.
• People smoking in the presence of a non-smoker or child in a public area or a car, could face a fine and/or imprisonment of up to three months.
• Businesses allowing a child to buy or sell any tobacco product could face a fine and/or up to 15 years of imprisonment.
• Employers whose employees are forced to be subjected to smoke and cannot work due to the exposure could face a fine and/or up to 10 years behind bars.
• Businesses who offend any tobacco advertisement laws could also face a fine and/or up to 10 years of imprisonment.
• Last, manufacturers and importers of tobacco products who do not comply with any regulations related to tobacco products or manufacturing standards could also face fines and/or a maximum of 20 years' imprisonment.
While the department did not elaborate on how the Bill would be enforced, it said a monitoring committee with stakeholders like the South African Police Service and the South African Revenue Service would be established when the Bill is promulgated.
However, public consultations still need to be completed.
Organisations such as the Fair-Trade Independent Tobacco Association (FITA) have called for more input from industry, including on the point of enforcement.
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