- Government
Gazette
14916
-
STATE
PRESIDENT'S
OFFICE
-
- No.
1156.
-
2
July
1993
-
- It
is
hereby
notified
that
the
State
President
has
assented
to
the following
Act
which
is
hereby
published
for
general
information:-
-
- No.
83
of
1993:
Tobacco
Products
Control
Act,
1993.
-
ACT
-
- To
prohibit
or
restrict
smoking
in
public
places;
to
regulate
the
sale
and advertising
of
tobacco
products
in
certain
respects
and
to
prescribe
what is
to
be
reflected
on
packages;
and
to
provide
for
matters
connected
therewith.
-
(English
text
signed
by
the
State
President.)
(Assented
to
23
June
1993.)
-
BE
IT
ENACTED
by
the
State
President
and
the
Parliament
of
the
Republic of
South
Africa,
as
follows:-
-
- Definitions
-
- 1.
In
this
Act,
unless
the
context
otherwise
indicates-
-
- (i) "advertisement",
in
relation
to
any
tobacco
product,
means any
statement,
communication,
representation
or
reference
distributed
to
members
of
the
public
or
brought
to
their notice
in
any
other
manner
and
which
is
intended
to
promote the
sale
of
such
tobacco
product
or
encourage
the
use
thereof or
draw
attention
to
the
nature,
properties,
advantages
or uses
thereof,
and
"advertise"
has
a
corresponding
meaning;
-
(i)
-
(ii) "Director-General"
means
the
Director-General:
National
-
Health
and
Population
Development;
(iii)
-
- (iii) "hazardous
constituent",
in
relation
to
any
tobacco
product,
means
nicotine
and
tar;
(iv)
-
- (iv) "local
authority"
means
any
institution
or
body
established
by
or
under
any
law
with
a
view
to
performing
local
government
functions
in
respect
of
a
particular
area
or region;
(x)
-
- (v) "Minister"
means
the
Minister
of
National
Health;
(vi)
(vi) "nicotine"
means
nicotine
alkaloids;
(vii)
(vii) "officer"
means
an
officer
in
the
Department
of
National
-
Health
and
Population
Development
mentioned
in
section
4;
-
- (ii)
-
- (viii) "package"
means
any
packing,
carton,
wrapping
or
any
other
container
in
which
tobacco
products
are
generally
sold
by retail;
(ix)
-
- (ix) "prescribe"
means
prescribe
by
regulation
under
this
Act; (xiv)
-
- (x) "public
place"
means
any
indoor
area
which
is
open
to
the public
or
any
part
of
the
public
and
includes
a
public
conveyance;
(viii)
-
- (xi) "smoke"
includes
sniff,
suck
or
chew
a
tobacco
product,
and also
have
control
over
any
ignited
tobacco
product
or
any device
containing
an
ignited
tobacco
product;
(xi)
-
- (xii) "tar"
means
the
anhydrous
and
nicotine-free
condensate
of the
smoke
of
a
tobacco
product;
(xiii)
-
- (xiii) "this
Act"
includes
a
regulation
made
under
this
Act;
(v)
-
and
-
- (xiv) "tobacco
product"
means
any
product
manufactured
from tobacco
and
intended
to
be
smoked.
(xii)
-
- Control
over
smoking
of
tobacco
products
-
- 2.
(1)
The
Minister
may,
after
consultation
with
the
Council
for
the
Co-ordination
of
Local
Government
Affairs
established
by
section
2
of
the Promotion
of
Local
Government
Affairs
Act,
1983
(Act
No.
91
of
1983),
by notice
in
the
Gazette
issue
regulations
whereby
the
smoking
of
tobacco
products
in
any
public
place
or
particular
kinds
of
public
places
is prohibited
or
whereby
the
smoking
of
tobacco
products
in
such
public
places may
only
take
place
on
the
conditions
mentioned
in
the
notice.
-
- (2)
The
Minister
may
at
the
request
of
any
local
authority,
but
subject to
subsection
(3),
grant
any
or
all
of
his
powers
contemplated
in
subsection (1)
to
such
local
authority.
-
- (3)
A
power
contemplated
in
subsection
(1)
shall
not
be
granted
to
a local
authority
under
subsection
(2)
in
respect
of-
-
- (a)
a
public
place
owned
by
the
State
or
which
is
occupied
by
officers or
employees
in
the
employment
of
the
State;
or
-
- (b)
such
other
public
places
or
particular
kinds
of
public
places
as the
Minister
may
determine
by
notice
in
the
Gazette.
-
- (4)
When
a
local
authority
issues
regulations
by
virtue
of
subsection
-
(2),
it
shall
do
so
by
notice
in
the
Official
Gazette.
-
- (5)
The
Minister
may
issue
regulations
prescribing
conditions
to
which the
exercise
of
a
power
by
a
local
authority
in
terms
of
subsection
(2) shall
be
subject.
-
- Required
information
in
respect
of
advertisements
and
packages
of
tobacco products
-
- 3.
(1)
No
person
shall
advertise
or
sell
any
prescribed
tobacco
product,
unless-
-
- (a)
(i)
the
advertisement
contains;
or
-
- (ii)
on
the
package
in
which
the
tobacco
product
is
sold
is
reflected, the
prescribed
warning
concerning
the
health
hazards
incidental
to
the smoking
of
tobacco
products;
and
-
- (b)
the
quantities
of
the
hazardous
constituents
present
in
the
tobacco product
concerned
are
stated
in
the
advertisement
or
on
the
package.
-
- (2)
Except
in
so
far
as
the
provisions
of
subsection
(1)(a)(i)
and
(b) relate
to
television,
the
Minister
may
in
writing
exempt
the
holder
of
a broadcasting
licence
as
defined
in
section
1
of
the
Radio
Act,
1952
(Act
No.
-
3
of
1952),
from
the
said
provisions,
on
condition
that
such
holder
informs the
public
of
the
health
hazards
incidental
to
the
smoking
of
tobacco
products
and
subject
to
such
further
conditions
as
the
Minister
may
determine.
-
- Prohibition
of
sale
of
tobacco
products
to
persons
under
age
of
16
years
-
- 4.
(1)
No
person
shall
sell
or
supply
any
tobacco
product
to
any
person under
the
age
of
16
years,
whether
for
his
personal
use
or
not.
-
- (2)
It
shall
be
a
sufficient
defence
to
any
charge
in
terms
of subsection
(1)
if
it
is
proved
that
the
accused
believed
upon
reasonable
grounds
that
the
person
concerned
at
the
time
of
the
commission
of
the
act charged
was
older
than
16
years.
-
- (3)
If
it
is
in
any
prosecution
for
a
contravention
of
subsection
(1) alleged
that
any
person
is
according
to
appearance
under
the
age
of
16 years,
such
person
shall
be
deemed
to
be
under
the
said
age
until
the contrary
or
the
defence
mentioned
in
subsection
(2)
is
proved.
-
- Restrictions
on
use
of
vending-machines
-
- 5.
(1)
The
Director-General
may
in
writing
empower
any
officer
to
enter any
premises
where
he
has
reasonable
grounds
to
suspect
that
a
-
vending-machine
for
the
sale
of
tobacco
products
is
kept,
to
determine
whether
the
provisions
of
section
4(1)
are
being
contravened.
-
- (2)
If
the
officer,
after
the
conclusion
of
such
investigation
as
he may
consider
necessary,
is
of
the
opinion
that
section
4(1)
is
being
contravened
by
means
of
a
vending-machine
referred
to
in
subsection
(1),
he shall
notify
the
Director
General
accordingly.
-
- (3)
The
Director-General
may
in
writing
direct
the
owner
of
the
vending machine
in
question
or
the
person
in
control
thereof-
-
(a)
to
take
such
precautionary
measures
as
are
specified
in
the
-
direction
to
prevent
the
vending-machine
being
used
by
persons
under the
age
of
16
years;
or
-
- (b)
to
remove
the
vending-machine
from
the
premises
within
the
period
specified
in
the
direction.
-
- (4)
The
powers
and
duties
of
an
officer
may
within
the
area
of jurisdiction
of
a
local
authority
be
exercised
or
performed
by
an
officer
of such
local
authority
authorized
thereto
by
such
local
authority.
-
- Regulations
-
- 6.
(1)
The
Minister
may
make
regulations
regarding-
-
(a)
the
manner
and
form
in
which
information
contemplated
in
section
2 is
to
be
reflected
on
the
package
of
a
tobacco
product
or
in
which it
is
to
appear
in
any
advertisement
of
such
product;
-
- (b)
the
manner
or
method
of
determining
the
quantities
of
hazardous
constituents
in
tobacco
products;
-
(c)
the
properties
of
a
tobacco
product,
the
claims
in
respect
of
such product
and
the
representations
in
respect
of
the
use
thereof
that may
not
appear
in
any
advertisement;
-
- (d)
the
returns,
reports
and
other
information
to
be
furnished
to
the
-
Director-General
by
manufacturers
and
importers
of
tobacco
products;
-
- (e)
any
other
matter
required
or
permitted
to
be
prescribed
in
terms
of a
provision
of
this
Act
to
achieve
the
objects
of
this
Act.
-
- (2)
Regulations
made
under
subsection
(1)(b)
may
prescribe
for
the
determination
of
the
quantities
of
hazardous
constituents
in
tobacco
products
any
manner
or
method
set
out
in
a
publication
which
in
the
opinion of
the
Minister
is
generally
recognized
as
authoritative.
-
- (3)
The
Minister
shall,
not
less
than
three
months
before
issuing
any regulation
under
this
Act,
cause
a
draft
of
the
regulation
to
be
published
-
in
the
Gazette,
together
with
a
notice
declaring
his
intention
to
issue
such a
regulation
and
inviting
interested
persons
to
furnish
him
with
any
-
comments
thereon
or
representations
in
connection
therewith
within
a specified
period.
-
(4)
The
provisions
of
subsection
(3)
shall
not
apply
in
respect
of- (a)
a
regulation
which,
after
the
provisions
of
the
said
subsection
-
have
been
complied
with,
has
been
amended
by
the
Minister
in consequence
of
comments
or
representations
received
by
him
in pursuance
of
the
notice
published
in
terms
of
the
said
subsection;
-
- (b)
any
regulation
in
respect
of
which
the
Minister
is
of
the
opinion that
it
is
in
the
public
interest
that
it
be
issued
without
delay.
-
- Offences
and
penalties
-
- 7.
Any
person
who-
-
- (a)
contravenes
or
fails
to
comply
with
any
notice
issued
in
terms
of section
2(1);
-
- (b)
contravenes
a
provision
of
section
3(1)
or
4(1);
-
- (c)
refuses
or
fails
to
comply
with
a
direction
imposed
in
terms
of section
4(3);
or
-
- (d)
contravenes
or
fails
to
comply
with
any
regulation
issued
under section
5(1)
(d),
shall
be
guilty
of
an
offence
and
liable
on conviction
to
a
fine
or
imprisonment
for
4
a
period
not
exceeding six
months
or
to
both
a
fine
and
such
imprisonment.
-
- Short
title
and
commencement
-
- 8.
(1)
This
Act
shall
be
called
the
Tobacco
Products
Control
Act,
1993, and
shall
come
into
operation
on
a
date
fixed
by
the
State
President
by proclamation
in
the
Gazette.
-
- (2)
Different
dates
may
under
subsection
(1)
be
fixed
in
respect
of different
provisions
of
this
Act.
|
