Tobacco Products (Regulation) Act, 2003 (No. 2 of 2003)

THE TOBACCO PRODUCTS (REGULATION) ACT, 2003 ARRANGEMENT OF SECTIONS Section Title PART I PRELIMINARY PROVISIONS 1. Short title. 2. Interpretation. PART 11 POLICY OBJECTIVE 3. Policy Objective. PART III MANUFACTURE, IMPORTATION, ACCESS TO AND SALE OF TOBACCO PRODUCTS 4. Standard of tobacco products. 5. Information required from manufacturer. 6. Labelling. 7. Prohibition of certain conducts relating to tobacco products. 8. Posting of signs by seller. 9. Self dispensing machine. 10. Mailing of tobacco products. I 1. Restricted places of sale. PART IV RESTRICTION ON THE USE OF TOBACCO PRODUCTS IN CERTAIN PLACES 12. Prohibition of smoking in public places. 13. Smoking allowed in certain areas in public places. 14. Smoking allowed in certain entities. 15. Consultations. 16. Obligation of employer. 17. Restriction to promotion of tobacco products in certain situation. I Tobacco Products2 2003No. 2 PART V INSPECTION, ANALYSIS AND ENFORCEMENT 18. Appointment or designation of inspectors or analysts. 19. Powers of inspector. 20. Orders by inspector. 21. Appeals. 22. Powers of analyst. 23. Entry of dwelling place. 24. False or misleading statements to inspector or analyst. 25. Forfeiture and disposal. PART VI ADVERTISEMENT AND PROMOTIONS 26. Prohibition of promotion and advertisement. 27. False promotion. 28. Sponsorship. 29. Sellers of tobacco products. 30. Promotion information to be sent to Minister. PART VII ADMINISTRATION 31. Tobacco Products (Regulation) Committee. 32. Regulations. PART VIII OFFENCES AND PENALTIES 33. Offences against Parts 111, VI, VII and VIII 34. Subsequent offences. 35. Offence by an entity. 36. Additional penalty. 37. General Penalty. SCHEDULES No. 2 Tobacco Products 2003 3 THE UNITED REPUBLIC OF TANZANIA No. 2 OF 2003 I ASS ENT, President 05. o 4.0 3 distributionAn Act to regulate the manufacture, labelling, sale, use, promotion of tobacco products, smoking in speci fied areas and matters connected thereto. I I ENACTED by Parliament of the United Republic of Tanzania. PART I PRELIMINARY PROVISIONS 1. This Act may be cited as the Tobacco Products (Regulation) Act, 2003 and shall come into operation on such date as the Minister may, by Notice published in the Gazette, appoint. Short title and Com mence ment 2. In this Act, unless the context otherwise requires - Interpre tation ''Act'' means the Tobacco Products (Regulation) Act, 2003; ''analyst'' means a person designated as such by the Minister pursuant to this Act; 11 accessory'' means a product that may be used in the consumption of a tobacco product, including a pipe, cigarette holder, cigarclip, ashtray, carrier bag, lighter and matches; ''advertisement'' means a writing or any still or moving picture, sign, symbol or other visual image or message or audible message, or a combination of two or more of them, that gives publicity to, or other wise promotes or is intended to promote tobacco, tobacco product or tobacco related brand element; 4 No. 2 Tobacco Products 2003 ''brand element'' includes a brand name, trademark, trade name, dis tinguishing guise, logo, graphic arrangement, design, slogan, sym bol, moto, selling message,recognisable colour or patent of colours or any other indicia of product entification, identical or similar to, or identifiable with those used for any brand or tobacco product; ''Committee'' means the Tobacco Products (Regulation) Committee es tablished under section 3 1; "emission'' means any substance or combination of substances that is produced as a result of a tobacco product being lighted; "employee'' includes a person whose services are contracted for by an employer; "employer''means a person who employs one or more employees or who contracts for the service of one or more persons; ''enclosed workplace'' means an enclosed building or structure in which an employee works; "entity'' includes an individual, a corporation, firm, partnership, asso ciation, society, trust or other organisation whether incorporated or not; "furnish" means to sell, lend, assign, give or send with or without consideration; ''inspector'' means a person appointed as an inspector under section 18; ''manufacture'' includes the packing, labelling, processing, distribution and importation of tobacco products; ''manufacturer'' means any person or entity who manufacturers or is associated with the manufacture of tobacco products, including the packaging;; labelling, processing, distribution and importation of to bacco products, includes an entity which controls the manufacturer;'' ''Minister'' means the Minister responsible for health matters; ''package'' means a container, receptacle or wrapper in which a tobacco product is sold; " promotion'' means the practice of fostering awareness of and positive attitudes towards a product, brand or manufacturer for the purpose of selling the product or encouraging tobacco use, through various means including direct advertisement, discount, incentives, rebates, free dis tribution, promotion of brand elements through related events and products through a public medium of communication; ''tobacco product'' means tobacco leaves, extract of tobacco leaves cigarattes, cigars, cigarirus, handrolling tobacco and includes other smoking tobacco products such as, pipe tobacco, fine tobacco and any chewing tobacco which is manufactured whole or partly from tobacco or any substance used as a substitute of tobacco. 52003Tobacco ProductsNo. 2 PART 11 POLICY OBJECTIVE 3. The objective of this Act is to reduce tobacco use and its conse quent harm by: Policy objective (a) protecting persons under eighteen and other non smokers from inducements to use tobacco products; (b) protecting non smokers from exposure to tobacco smoke; (c) ensuring that the population is adequately informed about the risk of using tobacco products and exposure to second hand to bacco smoke and about the benefits available for quitting smok ing; (d) ensuring that tobacco products are modified to reduce harm to such an extent as may be technologically and practically possible; and (e) promoting a climate that will lead to a smoking-free atmosphere in all walks of life. PART III MANUFACTURING, IMPORTATION, ACCESS TO AND SALE OF TOBACCO PRODUCTS 4. No person shall manufacture or import a tobacco product that Standard does not conform with the standards prescribed by Tanzania Bureau of of tobacco productsStandards established by the Standards Act, 1975. Act No. 3 of 1975 5. Every manufacturer of a tobacco product shall provide to the Informa Minister information about the product and its emissions in the manner tion requiredand within the prescribed time. from manufac turer 6. No person shall sell tobacco products unless the packet containing it displays in the prescribed form and manner such information as stipu lated in the Second Schedule to this Act. Labelling 7.-(I) No person under the age of eighteen shall smoke or famish a Prohibi tion oftobacco product. certain (2) No person shall famish a tobacco product to any person under conducts the age of eighteen years in any place. relating to tobacco products No. 2 Tobacco Products 20036 (3) It shall be a defence to a person charged pursuant to subsection (2) to establish that he attempted to verify that the person was at least above the age of eighteen by asking and being shown evidence and that he believed on reasonable ground that the evidence was authentic. (4) The provisions of subsections (1) and (2) in relation to furnishing of tobacco products shall not apply to any person under the age of eigh teen who is working or associated to the family farm, estate or shop. 8.-(l) Every seller of tobacco products shall post in a conspicuous place signs in the prescribed form and content, as may be specified by the Minister being in Kiswahili and English that inform the public that the sale or giving of a tobacco product to a person under the age of eighteen is prohibited. Unless the seller is exempted by the regulations made under this Act, from the requirement to post the signs. Posting of signs by retailer seller (2) A person who contravenes the provision of subsection (1) com mits an offence. 9. No person shall, unless exempted by regulations made under this Act, sell a tobacco product by means of a device that dispenses tobacco products. Self service dispens ing machine I 0. No person shall cause a tobacco product to be sent by mail unless the mailing is between manufacturers or retailers or distributors who are exempted by the regulations made under this Act. Mailing of tobacco products 11. -(I) No person shall sale tobacco products:Restricted places of (a) within the grounds or within the premises of a school provid sale ing primary or secondary education; (b) within the grounds or within a health care establishment or a social services institution; (c) within the grounds or within a child care centre; (d) in public places and other places specifically set a side for persons under eighteen. (2) The provision of paragraph (b) related to social services institu tions shall not apply to membership clubs and clubs performing social functions or activities. No. 2 2003Tobacco Products 7 PART IV RESTRICTION ON THE USE OF TOBACCO PRODUCTS IN CERTAIN PLACES 12.-(I) Subject to sections 11 and 14, no person shall smoke in a Prohibition of smokingpublic place. in public (2) For the purposes of this Part, the term ''public place'' means a places health care establishment, library, place of worship, enclosed premises intended for socio-cultural meetings, sporting or recreational activities, public eating places, office buildings, public transport on air, land or sea, pavillion, enclosed environment such as markets, malls and any other enclosed place to which the public has admittance. (3) Any person who owns, occupies or operates any public place specified under subsection (2), shall set aside a room or area specifi cally for smoking. 13.-(l) Any person being in charge of higher educational establish- Smoking ment, an office building, a hotel, bar or a restaurant, and any other enter- allowed in certaintainment facility, shall set aside rooms for smoking and non-smoking. areas in (2) A room set aside for smoking shall be equipped with ventilation public system which allows smoke to be evacuated to the outside of the places building. 14.-(I) The owner, occupier or operator of a public place or business shall: Smoking allowed in(a) identify rooms or areas where smoking is permitted; certain (b) when setting aside rooms or areas for smoking he shall ensure entities maximum protection is provided to non-smokers; (c) post a visible notice to persons using the place or business show ing areas or places where smoking is permitted and areas or places where smoking is prohibited; (d) put up in a conspicuous place a legible ''No SMOKING" and 'HAIRUHUSIWI KUVUTA SIGARA' signs where smoking is prohibited. (2) An employer may designate one or more locations in an enclosed workplace as a smoking area. 15. An employer or owner of a public place or business shall consult Consulta tionswith the Committee before establishing a designated smoking area. 16. An employer shall make every reasonable effort to ensure that no Obliga person smokes in an enclosed workplace. tion of employer No. 28 2003Tobacco Products 17.-(I) No person or entity shall conduct any promotional activi-Restric ties within:tion on promotion (a) a health and social services institution;of tobacco (b) an association representing health and social services institu-products in certain tions; situation (c) a research entity or research centre linked to a health and so cial services institution; (d) educational establishment; and (e) place of worshop. (2) No person or entity shall use a person under the age of eighteen in any promotional activity or event sponsored by tobacco industry. (3) No person or entity shall advertise any tobacco products unless the advertisement contains the health messages stipulated under the Second Schedule to this Act. (4) Any person who in the course of his business offers to a person under the age of eighteen free tobacco, tobacco products or tobacco related brand element for purposes of promoting the product, commits an offence. PART V INSPECTION, ANALYSIS AND ENFORCEMENT 18.-(1) The Minister may appoint by Notice published in the Gazette any public officer or designate any body as an inspector or analyst for the purposes of this Act and shall provide the inspector and analyst with a certificate of appointment or designation. Appoint ment or designa tion of in spectors (2) An inspector or an analyst entering an enclosed workplace or any other place, shall, on request, show the certificate referred to in subsection (1) to the person in charge of the place. or analysts 19. -(I) A person appointed to be an inspector may at any reason able time, enter an enclosed workplace or any other place in which the inspector believes on reasonable grounds that Powers of inspector (a) tobacco product is manufactured, stored, labelled or sold; (b) there is information relating to the manufacturing, storage, packing, labelling or sale of tobacco product. (2) In carrying out inspection, an inspector may (a) require any person in the place to produce for inspection, in the manner and form requested by the inspector, the to bacco product; 92003Tobacco ProductsNo. 2 (b) open or require any person in the place to open any package found in the place that the inspector believes on reasonable grounds contains the tobacco product; (c) require any person found in the place to produce for inspec tion or copying any information that is relevant to the admin istration or enforcement of this Act; (d) seize forthwith any thing believed on reasonable grounds to have been used or to have given rise to an offence under this Act. (3) Subsection (1) shall only apply to a dwelling house if subsection (2) of section 23 is complied with. 20.-(l) Where an inspector finds that an employer is not complying Orders with sections 11, 12,15 or 16, the inspector may order the employer or an by occupier of a public place or of an entity to carry out the order forthwith or inspector within a period of time as the inspector may specify. (2) An order made under subsection (1) shall indicate generally the na ture, and when appropriate, the location of the non-compliance. 21. Any person who is aggrieved by an order made by an inspector Appeals may appeal to the Minister within thirty days from the date of such Order. 22.- (1) Where any institution or body has been designated to be an Powers of analyst, such institution or body may, at any reasonable time, enter anyplace - analyst (a) where tobacco product is stored, packed, labelled, tested or sold; (b) where anything used in the manufacture or testing of tobacco product is to be found; and (c) where information relating to the manufacture, storage, pack ing, labelling, testing or sale of tobacco product is to be found, and may (i) examine a tobacco product or thing found under paragraph (b); (ii) take or require any person in the place to produce a sample of the tobacco product; (iii) conduct any test or analysis. 10 No. 2 2003Tobacco Products (2) An analyst may issue a certificate or report setting out the results of the analysis or examination of tobacco product or thing done under this Act. (3) For the purposes of section 18 and this section, the Tanzania Bureau of Standards is designated to be an analyst and shall possess all powers and perform the functions and exercise the powers necessary for the discharge of duties conferred to an analyst under those sections. 23.-(I) Where an inspector suspects or has reasons to suspect that tobacco product is being used in any dwelling place in contravention of provisions of this Act, he may enter into such dwelling place and con duct search with a view to remove any of such product. Entry of dwelling place (2) Notwithstanding the provision of subsection (1), an inspector shall not enter a dwelling place except with the consent of the occupant or under the authority of a search warrant obtained from the Court. (3) An inspector executing the search warrant shall not use force unless the use of force is specifically authorized in that warrant. 24-- (1) No person shall obstruct or hinder, or knowingly make a false or misleading statement to, an inspector or an analyst carrying out duties under this Act. False or mislead ing state ments to inspector (2) Any person who contravenes the provisions of subsection (1), commits an offence and shall on conviction be liable to a fine not ex ceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or both. or analyst 25. Where a person has been convicted of an offence under this Act,Forfeiture and dis- any tobacco product or thing seized in respect of which the offence was posal committed, shall be forfeited to the Government and may be disposed of as the Minister directs. Tobacco ProductsNo. 2 112003 PART V1 ADVERTISEMENT AND PROMOTIONS 26. No person shall- Prohibi tion of (a) promote a tobacco product or a tobacco product related brand element in any manner except as authorized by this Act; promotion and advertise-(b) promote a tobacco product by means of a testimonial for, or an mentendorsement of, the tobacco product however displayed or communicated; (c) promote an accessory that displays a tobacco product related brand element; (d) promote a tobacco product if any of its brand element is displayed on a non-tobacco product or is used with a service, if the non-tobacco product or service is associated with per sons below the age of eighteen or can, on reasonable grounds be capable of appealing to persons under the age of eighteen; (e) promote any tobacco product by means of publication or any other communication that originate outside Tanzania; (f) disseminate by means of publication, broadcast or any other communication that originates outside Tanzania, a promotional material that contains a tobacco product or a tobacco product related brand element in a way that is contrary to the provi sions of this Part; (g) supply or distribute a tobacco product free of charge or for promotional purposes of any kind except as provided under this Act; (h) offer samples to persons under the age of eighteen or to a non smoker; (i) make direct or indirect payment or make contribution intended for placement of advertisement of items beating tobacco brand name or tobacco brand element within the body of any (i) motion picture; (ii) television programme; (iii) theatrical production or other live performance; (iv) live or recorded performance of music; (v) commercial film or video; (vi) video game; or (vii) any similar medium, which is intended for the general public. 12 No. 2 Tobacco Products 2003 0) place an advertisement which suggest: (i) sporting or athletic success; (ii) professional success; (iii) sexual success; (iv) that most of the people are smokers; (v) smoking bring success in life generally; (vi) anything of the above or contradicts the purposes of this Act. 27. No person shall promote a tobacco product by any means including packaging that is likely to create an erroneous impression about the char acteristics, or health hazards of the tobacco product or its emissions. False promo tion 28.-(l) Any direct or indirect sponsorship that is associated in any manner with the promotion of a tobacco product, a brand of tobacco product or a manufacture of tobacco products is prohibited in relation to persons below the age of eighteen. Sponsor ship (2) No person below the age of eighteen shall be authorized to bear tobacco product advertisements, logos or brand names in any sports or any sponsored events or activities. (3) No person shall offer any item, cloth or anything offered for sale or free by or on behalf of any participant in any sports promotional event to persons below the age of eighteen. (4) Notwithstanding the provisions of this section, donations for good cause with no promotional interest both to the donor and to the donee may be made in relation to the following: (a) a health and social services institution; (b) an association representing health and social services institution; (c) a research entity or research center linked to a health and social services institution; (d) education establishment; (e) a religious organization; or (f) any other institution or organization. 29. A seller of tobacco product may-Seller of tobacco (a) display a tobacco product; products (b) display an accessory that displays a tobacco product related brand element; and (c) post signs that indicate the availablity of tobacco product and its price. 30. Every manufacturer of tobacco product shall provide to the Minister, m the prescribed manner and within the prescribed time, the information about any promotion undertaking that is about to be done or which was done and to which certain information have been requested for by the Minister. Prorno tion infotma tion to be sent to Minister No. 2 13Tobacco Products 2003 PART V11 ADMINISTRATION 31.-(1) There is hereby established a Tobacco Products (Regula tion) Committee which shall Tobacco Products (Regula (a) advise the Minister on any matter that requires regulations, to be prescribed for under this Act; tion) Commit tee(b) prepare and submit to the Minister guidelines for the regular and progressive implementation of matters relating to the manu facturing, sale, advertisements, promotions, and sponsorship of tobacco products; (c) advise the Minister on such other matters in connection with the administration of this Act as may be referred to the Committee by the Minister. (2) The provisions of the First Schedule to this Act shall have effect as to the composition and functions of the Committee. (3) Where, in accordance with this Act, a matter is required to be referred to the Committee for advice, the advice submitted to the Minister shall be in a written form, and in the event that the Minister dispose of the matter otherwise than in accordance with the advice of the Commit tee, the Minister shall, before disposing of the matter give reasons and furnish a report to the Committee to that effect. (4) The Minister shall include in a report to be published annually on the work of the Ministry a statement on the matters which have been referred to the Committee. 32. -(I) The Minister may, make regulations after consultation with the National Construction Council determining standards concerning Regula tions (a) the construction and ventilation system in rooms or areas where smoking is permitted; (b) the notice referred to in section 14(l) (c); (2) The Minister may make regulations (a) prescribing signs that require to be posted under section 8; (b) determining cases, conditions and circumstances in which places where smoking is permitted even if prohibited under sections 11 and 12; 14 No. 2 Tobacco Products 2003 (c) prescribing signs and providing for their uses; (d) respecting the powers and duties of inspectors; (e) prescribing the taking of samples; (f) prescribing the use of tobacco product related brand elements; (g) prescribing the manner in which warning in a tobacco product related brand element may appear on an accessory and; (h) prescribing the display of tobacco products and accessories at retail and wholesale. (3) Without prejudice to the generality of subsections (1) and (2), prior to the coming into operation of such regulations, the Minister shall issue notice and provide sufficient time for compliance. PART VIII OFFENCES AND PENALTIES 33.-(I) Any person who contravenes the provisions of section 4, 5, or 6 commits an offence and upon conviction is liable to a fine of not less than five million shillings but not exceeding twenty million shil lings or to imprisonment for a term not exceeding three years or to both. Offences against Parts 111, IV, V11 and V111 (2) Any person who contravenes the provisions of Part III of this Act, commits an offence and upon conviction is liable to a fine not exceeding two million shillings or to imprisonment for a term not exceeding two years. (3) Any person who contravenes the provisions of Part IV of this Act, commits an offence and upon conviction shall be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding one year. Subse 34. Any person who commits or continue an offence under this Act on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continues. quent offences Offence 35. Where an entity commits an offence under this Act, any director or officer of the entity who authorized that action or omission is liable on conviction to the penalty provided for under this Act. by an entity 152003Tobacco ProductsNo. 2 Addi-36. Where a person commits an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects tional penalty (a) prohibiting the offender from engaging in any activity that is likely to result in the continuation or repetition of the offence; (b) prohibiting the offender from selling or manufacturing tobacco or tobacco products for a period of not more than one year in the case of a subsequent offence under this Act. 37. Any person who contravenes the provisions of this Act, commits an offence and upon conviction shall be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not ex ceeding twelve months or to both such fine and imprisonment. General penalty FIRST SCHEDULE (Made under section 3 1) COMPOSITION AND FUNCTION OF THE COMMITTEE 1. -(I) the Committee shall consist of (a) the Director of Preventive Services or his representative; (b) the Head of the Health Education Unit or his representative; (c) a legally qualified person nominated by the Attorney-General; (d) a representative of the Ministry of Industries and Trade; (e) a representative of the Ministry of Finance; Tobacco Products (Regula tion) Corn mittee(f) a representative of the Tanzania Bureau of Standards; (g) a representative of the Tanzania Chamber of Commerce, Industry and Agricul ture (TCCIA); (h) a representative of the Department responsible for information; (i) a representative of the Ministry of Agriculture and Food Secunty; and 6) a representative from the private sector who is conversant and active in tobacco regulation matters appointed by the Minister. (2) The Minister shall appoint one of the members of the Committee to be the Chairman. (3) In the absence of the Chairman, the members shall elect one of the members to be the Vice Chairman. (4) The term of office for the Committee shall be four years, but the members may be eligible for reappointment. 2003No. 2 Tobacco Products16 Meeting 2.-(I) The Committee shall meet four times in a year to carry out its functions at such times and places as the Chairman, or in his absence the Vice Chairman, directs.and Quorum (2) At a meeting of the Committee (a) the Chairman, or in his absence the Vice Chairman and five other members shall form a quorum; (b) all matters arising shall be decided by a majority of votes; (c) the Chairman, or in his absence the Vice Chairman, shall have a deliberative vote, and, in the event of an equality of votes, a casting vote. SECOND SCHEDULE (Made under section 6) HEALTH MESSAGES TO BE DISPLAYED ON CIGARETTES OR TOBACCO PRODUCT PACKAGES 1. Any of the following health messages shall be displayed in Kiswahili and English on every packet of cigarettes or tobacco product, sign or advertisement for smoke and smokeless products as the case may be, as provided hereunder (a) smoking harms people next to you; (b) cigarette smoking kills; (c) tobacco use kills; (d) cigarette smoking may cause cancer; (c) tobacco use may cause cancer; (f) cigarette smoking causes lung disease; (g) tobacco use causes lung disease. (h) cigaratte smoking is dangerous to your health; (i) tobacco seriously damages health; and 0) smoking causes heart and fatal diseases. 2. The Minister may after consultation with the Tobacco Products Regulation Committee, vary or change the format, type, size and text of any of the health messages. Passed in the National Assembly on the 7th February, 2003. Clerk of the National Assembly