DEPARTMENT OF HEALTH No.
The Minister of Health intends to table the Tobacco Products Control Amendment Bill, 2004 in Parliament next year.
Director: Health Promotion, within one monthof the date of this notice.
1 1 boldin in square brackets indicate omissions from existing enactments.
Words with solid line indicate insertions in existingunderlineda enactments.
'vending machine';. amend definitions 'publicplace' and. 'tobacco product';toprovidefortheenforcement of national regulations; to prohibit and restrict sales to and by.minors.; to restrict tobacco sales from vending machines; to 'prohibit the' tax-free and duty-free saleof tobacco products; to provide measures illicit trade in tobacco products; to increase the to prevent penalties; and to provide for matters incidental thereto.
Amendment of the Preamble 3 1.
Amendment of section 1 of Act 83 of 1993 2.
66 6 boat, substitution for the definition of ¶'public place" of the following definition: " 'publicplace' meansindoor, [or] enclosed area which is any open to the public or any part of the public, and includes a workplace and a public -d xn or.
Amendment of section 2 of Act 83 of 1993 3.
Amendment of section 3 of Act 83 of 1993 4.
"Advertising, sponsorship, promotion .. . and -1 information that is reqJlirehin respect of [packages] the packagineof tobacco products.".
fc) the insertion (After subsection (2) (c) of the following subsection:..
Amendment of section 3A of Act 83 of 1993 5.
Amendment of section 4 of Act 83 of 1993 6.
"4 Prohibition of sale of tobacco products to mdlg persons under the age of 161 18years.".
"(1) No person shall sell or supply any tobacco product to any person under the age of  18 years [,whether for his personal useor not].".
Amendment of section5 of Act83 of 1993 7. Section 5 of the principal Act ishereby amended by-'. 4..
(b) . the substitution'for subsection (1)0f.th.
shall be restricted [to pIaces in.
the substitution for subsection (2) of the following.
dof 2 ikt .. . (d) the deletion of subsection (3) Amendment of section 6 of Act 83 of 1993 8.
the deletion of subsection (2).
before issuing any regulations under this Act, cause a draft of the regulation to be.publisheh in the Gazette, together with a notice declaring his mha intention to issue such regulation and inviting interested persons tb furnish him etherwith any, comments thereon or representations in connection therewith within a specified period..
Amendment of section 7of Act.83,of 1993 9.
(2) Any person who contravenes or fails to comply with any provisions of sections 40) or 5Uor fails to comply with any notice issued in terms section 4(1) shall be guilty of an offence and liableon conviction.
Any notice or regulation issued by the Minister prior to the coming into operation of this Act shall remainin force until amended, repealedor replaced by a notice or regulation made by the Minister in terms of this Act.
2003, and comes into operation on a date to be fixed by the President by proclamation in the Gazette.
Different dates may be fixed in respect of different provisions of this Act.
fjiEiiiiGiikNDLiNi ON THE OBJECTS OF THE TOBACCO PRODUCTS CONTROL AMENDMENT BILL, 2003 2.5 Clause 5 seeks for a manufacturer, importer and retailer to supply to the Minister with information relating to the tobacco product and further provides for the Ministerto-issue regulations relatingto the type of information as well as the format in which such information shall be submitted to the Minister.
2.6 Clause-6 seeks to increase the restriction on the sale of a tobacco product to Children under the age of 16 years to under the ageof 18 years to bring the legislation in line with the Constitutionas well as the international Framework Conventionof Tobacco Control. ..
2.7 Clause 7 seeks to restrict the sale of tobacco products through vending machines and seeks to prohibit the sale of tax-and duty-free tobacco products.
There will be no negative financial implicationsfor the'state. The positive financial implications that the Bill will have for the State is that additional revenue will be generated through the prohibition of duty-and tax-free salesof tobacco productsas well as the fines imposed, for any contraventionof the tobacco legislation.
There will be no implications as a result of the Bill forthcoming to any of the provinces.
The Bill will have an impact on municipalities in that it seeks a municipality to implement and enforce the provisions of the tobacco legislation. To this extent the functions and duties of officers such as health inspectorsand port health officials already in the employ of~a municipality will be extendedto include the enforcement of the tobacco legislation.
Department of. Justice and the Director of Public Prosecutions.
The Director of Public Prosecutions 'has expressed the opinion that the degree of some of the fines might be excessive but it has been decidedto revisit this issue once the comment of the public has also been received.
The Departmentof Local and Provincial Government has further indicatedthat as municipalities do have the capacity in enforcing the provisions envisagedby the Bill.
and tax-free sale of tobacco products, but the Departmentof Health is of the opinion that there are no financial or legal considerations which justify the duty-and tax-free sale of tobacco products.
The State Law Advisers and the Department of Health are of the opinion that the Bill must be dealt with in accordance with Parliamentary procedure established by section 76(1) or (2) of the Constitution, sinceit falls within the functional areaslisted in Schedule 4 to the Constitution, namely "Health Services" and Municipal health services".