— as minister signs Tobacco Control Act commencement order

PUBLIC Health Minister Volda Lawrence has signed a Tobacco Control (Commencement) Order paving the way for the Tobacco Control Act to take effect, but enforcement during this initial stage would focus primarily on the tobacco industry.
The commencement order published in the Official Gazette of Guyana on December 15, 2017, stated that the Act was enforceable from December 11, 2017.

In response to questions posed by the Guyana Chronicle on Wednesday, the Public Health Ministry in a statement clarified that the Act would be gradually enforced, noting that the initial phase will place emphasis on the tobacco industry.

“The ministry will meet with the tobacco industry in January 2018 to inform them of the implementation of the complete ban on tobacco advertising, promotion and sponsorship. Once regulations for tobacco products packaging and labelling are passed, the tobacco industry will have nine months to comply with the regulations,” the Public Health Ministry explained.

Part VI of the Act addresses the issues of advertising, promotion and sponsorship. According to Section 19, “All advertising, promotion and sponsorship of tobacco products and electronic delivery systems are prohibited.”
It was stated that the prohibition includes any tobacco advertising, promotion and sponsorship that promote or are likely to promote the tobacco industry, directly or indirectly.

PAHO/WHO National Consultant, Attorney-at-Law Kesaundra Alves, had explained that the comprehensive ban of all tobacco advertising, promotion and sponsorship is in keeping with Article 13 of the FCTC, noting that it was critical to block all loopholes the local tobacco industry may want to use to its advantage.

PROMOTION AND ADVERTISEMENTS
“The tobacco epidemic is one that is not spread by infection, but by promotion and advertisements. Tobacco Advertising, Promotion and Sponsorship (TAPS) glamorises tobacco use by associating the use of tobacco products with positive social and personal images,” Alves had posited. According to her, stamping out all forms of TAPS is the only way to eliminate the tobacco epidemic.

With the commencement order being issued for the Tobacco Control Act to take effect, news has surfaced that it meant that there would be a ban on public smoking, but the Public Health Ministry in the statement Wednesday evening said those reports are far from the truth.

“The Act provides for a ban on smoking in indoor public places, indoor work places and public transportation, and only in specified outdoor places, including the premises of schools and health facilities, and places for the commercial service of food and drinks.
“The Tobacco Control Act regulates where persons can smoke tobacco products in order to protect others from exposure to dangerous second-hand smoke, but it does not ban smoking,” the Public Health Ministry explained.

In August 2017, the Tobacco Control Act became law after the bill was passed by the National Assembly and was assented to by President David Granger.
“The Minister of Public Health was empowered under the Act to provide the commencement date upon which the laws will become effective. In order to facilitate the phased implementation of the Act and the publication of regulations under the Act, including those for ‘no smoking’ signs and packaging and labelling of tobacco products, the minister has published the commencement date for the Tobacco Control Act as December 11, 2017,” the ministry further explained.

It was noted that the ministry will inform the public as implementation of the various aspects of the law take effect. Currently, the Public Health Ministry in collaboration with the Pan American Health Organisation (PAHO) has commenced training ‘implementing agencies’ with regard to implementation of the Act.

SENSITISATION
The ministry’s staffers are also being trained to take the sensitisation to the business community including vendors and the public at large.

“Beginning next month, the nation will see the roll-out of an aggressive education and awareness campaign, and by late 2018, tobacco product packages will bear graphic health warnings which inform consumers about the dangers of tobacco use and exposure to second-hand smoke,” the Public Health Ministry assured.

The Tobacco Control Act provides for a maximum fine of $10,000 for a person who smokes in a place where smoking is prohibited. Where the person commits the offence a subsequent time, the maximum fine is $20,000.

No imprisonment is prescribed for the offence. Enforcement of no-smoking laws in places where smoking is prohibited will not be implemented until the publication of ‘no-smoking’ signs, regulations and sensitisation with [the] business community so that they understand their role with regard to compliance, the Public Health Ministry further assured.
It emphasised however that tobacco consumption and exposure to tobacco smoke, along with harmful use of alcohol, lack of physical activity, and poor nutrition, are the leading risk factors for non-communicable diseases (NCDs) in Guyana.

It was not long ago that the public health minister took note of the fact that some 57 per cent of Guyanese adults suffer from some of the main NCDs and of these, “approximately 70 percent” of people between the ages of 35 and 60 die annually from either heart disease or hypertension, diabetes, cancers or chronic lung disease.

Implementation of tobacco-control measures will significantly reduce the number of lives affected by death, disease and disability caused by the tobacco epidemic, the ministry stated.