The Tobacco Products Control Act, 2010 establishes a Committee to advise the Minister on matters relating to the use of tobacco products. The Act provides for the constitution, powers, duties and functions of the Committee. The Act also establishes the Tobacco Products Control Fund.
Other focus areas of the Act are:
- Reduction of demand for and supply of tobacco products (eg: prohibiting advertising, packaging and labeling, etc). PoS is excluded from the definition of advertising.
- Protection from exposure to tobacco smoke.
- Inspectors are to be appointed to monitor illicit trade and other activities that are in contravention of the Act.
The Act was assented to in April 2010 however the date on which the Act becomes operational has to be published in the Gazette. Such date has not yet been published.
The draft Tobacco Products Control Bill, 2010 aims to establish a Tobacco Control Board and makes provision for the reduction of demand for and supply of tobacco products (eg: prohibiting advertising, packaging and labeling, etc).
The Bill was introduced in Parliament during the last quarter of 2010 and is presently with the Portfolio Committee for deliberations.
Control of Smoking Act (CSA) was enacted in 1992 and amended in 2004. The purpose of the Act is to control smoking in enclosed public places. The legislation also prohibits tobacco advertising and sales of tobacco products to persons under 16 years of age. The Act also established a committee whose primary role has been to advise the Minister of Health on all matters relating to tobacco smoking.
The Ministry of Health is considering an amendment bill in order to make its tobacco laws more compliant with the FCTC and issue an instruction to the Attorney General’s Drafting Division to prepare amendments to the Act.
Amendments will be focusing on strengthening the following areas:
- Packaging and labeling which may include pictorial health warnings of 60%;
- Further restrictions to public smoking places; and
- Strengthening the advertising ban.
No law or policy is in place for tobacco control.