N Madlala-Routledge: Tobacco Products Control Amendment Bill

29 March 2007

Madam Speaker
Honourable members
Honourable members of the Portfolio Committee
Ladies and gentlemen

The Tobacco Products Control Amendment Bill seeks to further deepen this
government's commitment to protect our people from the effects of tobacco
smoke. I wish to acknowledge the leadership role our government has played
which goes back to the tenure of the former Minister of Health, Dr Nkosazana
Dlamini Zuma who drove the original legislation through parliament. Now we take
our place among the forerunners in limiting the public consumption of
cigarettes. This has led to a drastic reduction in the numbers of people
smoking, of the numbers of young people taking up smoking and, of the innocent
passive smokers being adversely affected.

As Dr Dlamini Zuma often reminds us cigarette smoking is often the entry
point for the abuse of other recreational drugs, for example, dagga, heroin and
tik to name a few.

The Bill which we are proposing today, seeks to improve the operation of the
Tobacco Products Control Act and also seeks to deal with new practices designed
to circumvent the provisions of the Act. The Act is also being amended to bring
it into compliance with the World Health Organisation's (WHO) Framework
Convention on Tobacco Control (FCTC), which South Africa has ratified. 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 Bill comes on the back of a widespread consultation process. Over 2 000
submissions on the Bill were received from individual members of the public,
the tobacco industry, its associates and health organisations.

The majority supported the proposed amendments to the Bill. However, some
submissions mainly from the tobacco and associated industries made alternate
proposals that were not necessarily in line with the objectives of the Bill.
The Bill has therefore been amended, taking into consideration the comments
received.

The clause-by -clause analysis of the Bill reflects the following:

* Clause one and two amends the preamble in order to also insert a reference
to the WHO's Framework Convention on Tobacco Control and adds new definition to
close loopholes in the current legislation.

* Clause three provides for the Minister to restrict or prohibit smoking in
certain outdoor places such as schools and sports stadiums. It protects the
rights of employees and prevents intimidation. It protects children by
prohibiting the entry of anyone less than 18 years into a designated smoking
area.

* Clause four prohibits advertising, promotion and sponsorship of any kind
by the tobacco industry except under conditions of anonymity. It prohibits the
sale of tobacco products in health and education institutions, it restricts the
display thereof and empowers the Minister to regulate the format of information
on the packaging which could include pictorial information and package inserts
and quantities a package may contain. Misleading and deceptive labelling that
creates a false impression about the safety of tobacco products are
prohibited.

* Clause five seeks to empower the Minister to regulate the contents of
tobacco products and their emissions to meet health and safety standards, to
prescribe test methods for chemical analysis and to require manufacturers,
importers and retailers to provide information.

* Clause six seeks to increase the age for the legal sale of tobacco
products to a child from 16 to 18 years and brings the legislation in line with
the Constitution, the WHO's Framework Convention of Tobacco Control.

* Clause seven restricts free distribution of tobacco products by
manufacturers, importers and their agents.

* Clause eight seeks to restrict the sale of tobacco products through
vending machines and the placement of such machines.

Madam Speaker, as key policy makers we have an obligation to prohibit the
misleading terms related to labelling on tobacco packaging such as low tar,
chocolate flavour, fruity flavour and any other flavourant that entices our
communities to start smoking or discourage those who want to quit.

It is distressing to report that worldwide studies reveal that there is an
estimated 1,3 billion smokers in the world. Many of these people will live long
enough to cause harm to themselves and others and to become a burden on their
national public health services. This government will play their part in
supporting the international frameworks on tobacco control and in providing
leadership with regard to public policy.

South Africa has been successful in enforcing the Tobacco Control Product
Legislation and this has contributed immensely to the reduction of smoking
prevalence among youth and adults. The 2002 Global Youth Tobacco Survey (GYTS)
showed that the smoking prevalence among adults decreased from 23,0% in 1999 to
18,3% in 2002. The 2004 South African Demographic Health survey recorded 31% of
males and 11% of women are smokers.

While we make progress in reducing the level of tobacco use, some in the
tobacco industry have found loopholes in the Act. We want to tighten this Act
and close these loopholes.

Government will take the lead in empowering communities with knowledge that
will enable them to make informed decisions about their health and to raise
general awareness about the harmful effects of tobacco products (pipes, snuff,
cigars, etc).

However, those who consume tobacco are not the only ones exposed to its
negative effects. Millions of people including one half of the world's children
are exposed to second hand tobacco smoke, known also as passive smoking. There
is conclusive evidence linking passive smoking to an increased risk of
cardiovascular diseases, lung cancer and other respiratory diseases in adults
and respiratory diseases, ear infection and sudden infant death syndrome in
children. Passive smoking is a health problem that requires active involvement
of the society.

Tobacco consumption has a major negative impact on the Health Care System
including the depletion of scarce resources available to improve the health of
our people. According to the Medical Research Council (MRC), the cost of
maintaining the tobacco survivors in terms of healthcare cost and disability
grants is about R2 billion per year. Therefore, a logical response is to keep
our focus on prevention.

Again, Madam Speaker, I would like to acknowledge the leadership of Dr
Dlamini Zuma in taking the bull by the horns on this issue.

I would also like to conclude by thanking the acting Minister of Health, Mr
Jeff Radebe, for the leadership he has provided for the Department in the
absence of our Minister. I would also like to thank the Health Portfolio
Committee, particularly the Chairperson, James Ngculu for his guidance in
ensuring that this Bill is finalised and presented to this House.

The African National Congress (ANC) fully supports this Bill and we hope
that this House will also unanimously support it, because it would be the right
thing to do.

I thank you!

Issued by: Department of Health
29 March 2007