TOBACCO PRODUCTS CONTROL AMENDMENT BILL 2006, SOUTH AFRICA

1. TOBACCO PRODUCTS CONTROL AMENDMENT BILL 2006, SOUTH AFRICA Presentation by the Department of Health to the Portfolio Committee on Health 7 June 2006

2. The 1999 Tobacco Control Amendment Act has worked in most instances but needed further strengthening. Cabinet approved publication of the Tobacco Bill for public comments in 2003. The Bill was published for comments in October to November 2003. More than 2000 submissions were received from the public including the tobacco industry. The Bill has been revised taking into account public comments. Introduction

3. The WHO Framework Convention on Tobacco Control (FCTC) adopted in May 2003 sets international standards for controlling tobacco. SA signed the FCTC in June 2003 and ratified in April 2005. 129 of the 192 WHO member states have ratified the FCTC, which became international law in February 2005. The current Act is being amended to bring it in line with the international treaty (FCTC) and to close the loop holes. Introduction( cont…)

4. Process between 2003 - 2006 Further consultative meetings have been held with the tobacco industry and other concerned groups. Key points for discussion • Product display at retail outlet • Labeling • Social Corporate responsibility • Picture based health warnings • Package size • Product regulation

5. The new Bill(Tobacco Products Control Amendment Bill 2006) • The 1993 Act (amended 1999) contains uncertainties that makes enforcement difficult. • There are also gaps in the Act that have been exploited by the tobacco industry to circumvent it. • The Tobacco Products Control Amendment Bill was published for public comment on October 17 to 17 November 2003 • Over 2 000 submissions were received. •  Following public comments the DOH has revised the Bill.

6. The main provisions of the Bill are: to amend the current Act so as to strengthen the sections which prohibit advertising, promotion and sponsorship, and which regulate smoking in public places; to introduce picture-based health warnings; to remove misleading package descriptors, like “light” and “mild”; The Bill

7. The Bill( cont…) • to increase fines for breaking the law; • to control the ingredients and emissions from cigarettes and to establish manufacturing standards; • to prohibit sales to and by those under 18-years; and • to restrict the locationof vending machines

8. The 1999 TPCA Act banned smoking in all enclosed public places, except in specially designated smoking areas under prescribed conditions. A survey (NC, LP and GP) in 2002 by the Free State University found that: 90% of workplaces have a smoking policy, two thirds do not allow smoking on the premises; The law is working less well in restaurants. About 30% are smoke-free but 40% allow smoking anywhere. Section 2: Smoke-free Public Places

9. Problems with this section; young children including babies are allowed into smoking areas. Smoking near entrances of public places has resulted in continued pollution of the non-smoking areas. Sports stadia, railway platforms and other areas where people gather are not covered by the law. Section 2( cont…)

10. Section 2 • Regulatory approach • The Bill strengthens the existing laws by: • increasing the fine for owners of a public place that allow smoking; • increasing the fine for an individual who smokes in a public place; • not allowing smoking within a reasonable distance of the entrance to a public place; • not alowing anyone under-18 yrs into a designated smoking area; and • regulating smoking in specified outdoor areas for health and safety reasons.

11. Section 3 :Advertising, Promotion & Sponsorship • The law banned tobacco advertising, promotion and sponsorships in 1999. This ended the false portrayal of a deadly addiction as smart, glamorous and successful. • New ways of telling youth that smoking is cool evolved. The industry has used the Internet, SMS and personal delivery mechanisms to reach teenagers.

12. Section 3 ( cont…) • Marketers go into clubs, campuses and bars and invite ‘smokers’ to exclusive events like a pop concert or a major sporting event. • The events are supposed to be for smokers, but nonsmokers are lured into buying (and smoking) cigarettes in order to get into the ‘select’ group invited to these events. • Promotional activities also involve financial contributions to individuals and organisations (scholarships, bursaries, etc). Such donations are not charity but are designed to create a positive businessenvironment for the industry.

13. Section 3 Regulatory approach The Bill seeks to outlaw the purchase of cigarete through the internet and other sources. Such sales are difficult to monitor and they promote evasion of tax payment Tobacco manufacturers and importers may only make donations anonymously. Marketing loopholes are closed

14. Section 3 :Restriction on place of sale • Proposal:- prohibit the sale of tobacco products in certain specified locations, such as hospitals and schools. • Reason:- Certain types of institutions are seen as having the responsibility to promote health, and from this perspective the sale of tobacco products in these institutions undermines their mandates and responsibilities

15. Section 3: Display of products – Point of sale • Rationale •  Two issues related to the retail display of tobacco products are addressed in the Bill. • First, self-service displays, which allow customers to handle tobacco products before paying for them, leads to increased stealing, particularly by youth. • Second, the display of tobacco products at point of sale is an important vehicle of promotion for tobacco manufacturers. • R 100 000 paid to hotels to sell certain brands exclusively. • JTI filed a complaint against BAT for anti-competitive behaviour hiding JTI brands.

16. Section 3: Packaging size limitation The Bill gives the Minister authority to prescribe minimum package sizes. Rationale: Smokers who buy single cigarettes do not receive the health warnings and “loose” cigarettes are affordable for kids

17. Section 3 A: Product Regulation Cigarette is not simply tobacco wrapped in paper. It is a highly engineered product. Manufacturers add up to 600 chemicals to tobacco. Some of these chemicals increase nicotine uptake by smokers and others make cigarette more palatable by young people

18. Section 3A ( cont…) Regulatory approach The Bill allows the Minister to issue regulations regarding the constituents (what is in the product) and emissions (what is produced when the product is used). Purpose of this approach To limit the use of chemicals in tobacco which are considered to be detrimental to health, or which increase addictiveness, or increase appeal to children.

19. Section 4 : Sales to and by young persons • Most people begin using tobacco products during youth or adolescence and underestimate the addictiveness of, and harm caused by, tobacco products. • This is confirmed by the 1999 and 2002 GYTS which revealed the initiation age to be 10 years • To discourage tobacco use by the young, sales of tobacco products to anyone under the age of 16 is prohibited in South Africa.

20. Section 4 ( Cont…) • The tobacco industry has recommended that this age restriction be raised from 16 to 18 years. • The FCTC suggests that if young people cannot buy cigarettes they should not be allowed to sell it either. • The challenge will be to monitor and ensure compliance • Regulatory approach • Raise the minimum age for the legal purchase or sale of tobacco products to 18 years.

21. Section 5: Vending machines • The regulations provide for vending machines to be placed where they are inaccessible to anyone under 16 -not effective. • Regulatory approach • Placement of tobacco vending machines in designated smoking areas (TOVA proposal)

22. Section 7 – Offences and Penalties Existing penalties have not had the desired effect. A more meaningful series of penalties, considering the extent of harm and potential loss of life that can result from contraventions of tobacco products control measures, are proposed.

23. Conclusion • The Bill has been amended primarily to promote and protect public health in line with international obligations. • Other amendments proposed in the Bill include strengthening of definitions. • Where industry proposals have been found to advance the spirit of the law, these have been accommodated. • Best practice from other countries in particular as it relates picture based health warnings has informed these amendments.

24. Thank You