Guyana to get US$95,000 to help enforce tobacco legislation
Attorney-at-Law and Legal Adviser on Tobacco Control to the Public Health Ministry, Kesaundra Alves (Samuel Maughn photo)
Attorney-at-Law and Legal Adviser on Tobacco Control to the Public Health Ministry, Kesaundra Alves (Samuel Maughn photo)

THE Public Health Ministry is awaiting a US$95,000 (GYD$19,833,817) grant to train enforcement officers and heighten awareness on the Tobacco Control Legislation, National Tobacco Control Focal Point, Dr. Kavita Singh said.

In a recent interview with the Guyana Chronicle, Dr. Singh said the grant is being provided by the International Union against Tuberculosis and Lung Disease. “Maybe in another month or two, we will get it but that money is specifically for enforcement,” the National Tobacco Control Focal Point said.

The National Tobacco Control Act was passed in the National Assembly in July 2017, and according to the Official Gazette of Guyana, came into effect on December 11, 2017. The Public Health Ministry has, however, indicated that the legislation would be gradually enforced with heavy focus on the Tobacco Industry during the initial phases of enforcement.

National Tobacco Control Focal Point, Dr. Kavita Singh (Samuel Maughn photo)

While the Public Health Ministry has made significant progress in bringing tobacco companies and importers of tobacco products in line with the legislation, enforcement of the other components of the Act will take full effect after officers from the Public Health Ministry, Guyana Police Force and Guyana Revenue Authority among other agencies, undergo training. Education awareness and enforcement are key to the effective implementation of the legislation, Dr. Singh emphasised.

The Tobacco Control Act provides for a ban on smoking in indoor public places, indoor work places, 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 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 of the business community. Dr. Singh disclosed that on World No Tobacco Day (May 31), the Public Health Ministry will be erecting 50 ‘no-smoking’ signs at establishments across the capital city – Georgetown.

Attorney-at-Law and Legal Adviser on Tobacco Control to the Public Health Ministry, Kesaundra Alves, in a separate interview, said now that the Tobacco Control Council is in place, citizens could expect an acceleration in the rate of enforcement. But she too underscored the importance for training.

“In order for enforcement to happen, training needs to happen. We need to train our police; we need to train our customs officer and all of the enforcement officers under the Act,” the legal adviser posited.

According to her, the council, which was appointed by the Public Health Minister, Volda Lawrence, will soon establish a timeline for full and effective implementation, and a strategic training plan for enforcement officers. The training, Alves posited, will also extend to business operators and owners.

The council is chaired by the Chief Medical Officer, Dr. Shamdeo Persaud. The Vice-Chairman, who was drawn from civil society, is Desiree Edghill, the Executive Director of Artistes in Direct Support. Dr. Singh was appointed the Secretary of the Tobacco Control Council.

Meanwhile, importers of tobacco products, who have modified their packages and labels to include graphic health warnings in an attempt to comply with the regulations, have been given up to August 31, 2019 to make all necessary corrections for full compliance. The tobacco companies are banned from promoting and advertising their products, and they are prohibited from sponsoring events.

Part VII (5) of the Act states: “The unit package and outside packaging and labelling, and the design and appearance of any tobacco product shall not promote that product by any means that are false, misleading, deceptive or likely to create an erroneous impression about the product’s characteristics, health effects, hazards or emissions, including using – (a) any term, descriptor, trademark, figurative, colour, number, or other sign of any kind that directly or indirectly creates or is likely to create the false impression that a particular tobacco product is less harmful than another; including terms such as, but not limited to, ‘low tar’, ‘light’, ‘ultra-light’ or ‘mild’, ‘smooth’, ‘natural’, ‘fine’, ‘extra fine’, ‘extra’, ‘ultra’.”

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