THE Tobacco Control Bill 2017 was on Thursday laid in the National Assembly by Minister of Public Health Volda Lawrence and was read for the first time.
The bill, No.5 of 2017 seeks to adopt and implement tobacco control policies in accordance with the World Health Organisation’s (WHO) Framework Convention on Tobacco Control, which aims to protect present and future generations from the “devastating harms of tobacco use and exposure to tobacco smoke; to prevent tobacco use by minors; to protect workers and the public from exposure to tobacco smoke.”
Additionally, the legislation also seeks to prevent exposure of the public, especially minors, to tobacco advertising, promotion and sponsorship; to enhance public awareness of the hazards of tobacco use and exposure to tobacco smoke; to ensure that every person is provided with effective health warnings about the harms of tobacco use and exposure to tobacco smoke; to regulate the tobacco industry, its products and sales; to protect public health policies from commercial and other vested interests of the tobacco industry; and to provide for other related matters.
Under the legislation, the Minister of Public Health has the power to order the establishment of a National Tobacco Control Council, which shall advise the minister on matters related to tobacco control and the administration and enforcement of the Act.
Members of the council shall be appointed for a term of three years and be eligible for re-appointment and the appointment of each member and each change of member shall be published in the tobacco industry.
Members of the council shall be the Chief Medical Officer, who will serve as chairperson of the Council, a public officer with responsibility for tobacco control at the ministry, shall serve as the secretary of the council, the officer with responsibility for school health at the Ministry of Education and not more than four other senior public officers as the minister sees fit.
The four persons shall be selected by the minister from among nominees from civil society or non-governmental organisations involved in human rights, public health, consumer protection, workers’ rights, youth development, sports or monitoring corruption.
The minister also has the power to remove members of the council, once satisfied that a member is permanently incapable of performing the functions of a member, has been absent without the leave of the council for three consecutive meetings, has neglected his or her duties or has contravened any provisions under Part X of the Act.

PROTECTION
The bill also addresses the protection of persons from exposure to second-hand smoke. According to Section 16 of the Bill, no person shall smoke in any indoor workplace, in any part of any indoor public place, including by way of illustration but in no way limited to places listed in the first schedule, including health care institutions, educational institutions, child care facilities, retail establishments, including stalls, stores, shops and malls, hotels and other places of lodging, restaurants, bars, pubs, cafes, gaming machine venues, entertainment facilities, publicly owned facilities including clubs, cinemas, and other indoor premises accessible to the public.
Moreover, smoking is prevented in any means of transportation, where minors are travelling.
“Any person who smokes in any place where smoking is prohibited commits an offence and is liable on summary conviction to a fine of $10,000 for the first offence, and $20,000 for any second or subsequent offences,” the bill states.
Persons who own or are responsible for vehicles, workplace or public place where smoking is prohibited shall not permit any person to smoke there, prominently post and maintain signs in the manner and form prescribed by regulations, shall remove all ashtrays from any area where smoking is prohibited.

PROHIBITED
Additionally, all advertising, promotion and sponsorship of tobacco products and electronic delivery systems are prohibited.
In the case of packaging and labelling, all health warnings or other information prescribed are to be displayed on a tobacco product’s packaging and labelling shall be in English.
Rotating pictorial and text health warnings shall be permanently displayed on a minimum of 60 per cent of the top portion of each principal display area of any tobacco products outside packaging and labelling, in accordance with the requirements of the Act.
The bill also addresses the regulation and reporting of the tobacco industry, where every manufacturer, importer, or wholesale distributor of a tobacco product or electronic nicotine delivery system shall submit to the minister periodically or upon request, reports containing for the period covered by the report, the following: revenues and profits, broken down by region and sector and by wholesaler and retailer; location, address and corporate names of all tobacco and non-tobacco subsidiaries, affiliates, joint ventures, partners, suppliers, and licensees; litigation in which the corporation or a subsidiary is a party; any and all legal violations committed or prosecuted against the corporation, or any of its officers in relation to tobacco control.
Additionally, the legislation speaks to corporate taxes owed and paid, market share for all brands and brand families in all markets in the territory and globally; information on tobacco products and electronic delivery systems imports and exports and export partners as well as locations, are among other areas on which reporting is necessary.
“The government shall take all steps necessary to protect tobacco control policies and measures from any real or perceived influence from or interference by the commercial and other vested interests of the tobacco industry,” the bill stated.
In relation to corrective action, and penalties, the legislation said, “Any person who contravenes any of the provisions of this Act for which there is no penalty prescribed, commits an offence and is liable on summary conviction to a fine of $9M and imprisonment for 12 months.”