13 September 2006
The Department of Health has submitted an amendment bill in Parliament,
which aims to strengthen tobacco control in the country and significantly
increase fines for violations of the Tobacco Control Act.
The Bill increases the age restriction for sale of tobacco from 16 to 18
years. This is in line with the Framework Convention on Tobacco Control, an
international treaty on tobacco control which has been rectified by South
Africa. Children under the age of 18 years will no longer be allowed in a
designated smoking area.
The Bill increases the penalties so that they become a real deterrent
against contravention of the Act. The fine for the owner of a public place or
employer who fails to ensure that there is no smoking in a smoke free area has
been increased from R200 to a minimum of R20 000.
The penalty for selling tobacco products to a minor and for failure to
comply with the regulations on vending machines has been increased from R10 000
to a minimum of R100 000. Also included are penalties for new offences such as:
failing to protect employees from tobacco smoke pollution, selling tobacco
products in a health institution and retailers not complying with point of sale
conditions.
The penalty for advertising and giving away free cigarettes has been
increased from R200 000 to a minimum of R1 000 000. The Bill also makes it an
offence for an individual to smoke in a non-smoking area and the penalty is set
at not less than R300.
The proposed penalties are comparable to those in other acts. For example,
the fine for selling liquor to a person under 18 years is R 1 000 000 or 5
years in prison.
Enquires:
Sibani Mngadi
Cell: 082 772 0161
Issued by: Department of Health
13 September 2006
