Eleven million South Africans smoke, and most have continued to do so under the tobacco ban
Cabinet has finally approved the submission of the Control of Tobacco Products and Electronic Delivery Systems Bill to parliament on 26 September 2022, more than four years since it was introduced by the department of health in May 2018.
The bill replaces the Tobacco Products Control Act of 1993 and the Tobacco Products Control Amendment Act of 2008, which fell short of provisions to regulate new-generation products such as vapes.
The bill was enacted to promote public health and to align the South African tobacco control law with the best practices of the World Health Organisation Framework Convention on Tobacco Control.Â
The bill has gone through extensive consultation with stakeholders including the tobacco industry, civil society organisations and government departments.
It has taken time to get to this point because there has been an ongoing battle between the government and the tobacco industry on the balance between public health interests and industry business interests.
In a nutshell, the bill aims to provide for control over smoking and the smoking industry by implementing regulations, which also extend to e-cigarettes.
What the public should know
The bill introduces a 100% smoke-free indoor law that prohibits smoking in any enclosed public space, workplace and conveyance. It further extends such a prohibition to areas close to windows, ventilation inlets and exits close to those enclosed public spaces, workplaces or conveyances.
Other areas in which smoking is prohibited include multi-unit residences, health facilities (excluding rehab centres), and private dwellings used for commercial childcare, domestic employment, schooling or tutoring.
In motor vehicles, smoking is prohibited when a child under 18 years is present and there is one other person in the vehicle.
The proposed regulations extend to cigarettes, e-cigarettes, vapes and water pipes (such as a hubbly bubbly). Therefore, it is important to ensure that the public fully understands this prohibition: vapers will no longer be allowed to smoke in any public indoor space as they please.
Secondly, the bill regulates the advertising and distribution of tobacco products and electronic delivery systems such as pipes, water pipes and e-cigarettes. Advertising and promoting any of these products will be prohibited. This includes television or radio adverts, giving samples for free, sending electronic communication to market the product (via SMSs, email marketing, telemarketing, and so on), and that tobacco companies may not create competitions.
Further, retailers are not allowed to display any of these products and can only make them available upon request from a person over the age of 18. The bill further prohibits the placement of tobacco products and the electronic delivery systems in vending machines.
Thirdly, the bill requires standardised packaging and labelling for tobacco products and electronic delivery systems. For example, it prescribes the use of a uniform plain colour and texture for the packaging and only relevant information should be included on the packaging. The minister of health will adopt regulations that detail the permissible appearance of the packaging and what kind of information may be included on it.
Fourthly, the bill makes it a requirement for all packaging for tobacco products and the electronic delivery systems to include key messages related to health warnings, the social and economic harmful effects of these products, outlining the benefits of stopping the use of these products, and so on.
Failure to observe these laws or in contravening any part of this law will result in a person being found guilty of an offence and liable to a fine or imprisonment or both. For example, if you smoke in an enclosed public space, workplace or conveyance, you may be imprisoned for a period not exceeding three months.
This bill is unique because it extends to electronic nicotine and non-nicotine delivery systems and heated tobacco products, which were not previously regulated. Emissions from these products have been found to contain toxicants, metals, nicotine (excluding non-nicotine delivery systems) and other harmful and potentially harmful substances.
Evidence to date suggests that these products generally contain lower levels of toxic substances than found in cigarette smoke, but there is insufficient independent scientific evidence to conclude that they are less harmful than conventional tobacco products as their long-term health impacts are as yet unknown. Until then, the new bill seeks to protect human health as far as reasonably possible.
The views expressed are those of the author and do not necessarily reflect the official policy or position of the Mail & Guardian.