New smoking laws for South Africa want fines and jail time for lighting up around non-smokers – BusinessTech

The Department of Health has re-presented the Tobacco Products and Electronic Delivery Systems Bill to the portfolio committee on health, kickstarting the process to get the laws passed once again.

Broadly, the Bill is proposed legislation that will regulate the sale, advertising, and use of tobacco products and electronic delivery systems. However, it also introduces very specific interventions—and harsh penalties for violating them.

The Department of Health (DoH) said that it is not trying to outright ban tobacco and smoking in South Africa, but the new laws do have the goal of severely limiting access to these products—especially by children—dissuading the adoption of the habit, and encouraging those who smoke to quit.

Notably, the new laws also want to curb exposing children and non-smokers to those who persist in the habit and are seeking to impose harsh penalties on those who do.

The headline changes in the bill include:

• Regulating the burgeoning electronic nicotine and electronic non-nicotine delivery system market (ie, vapes)
• Introducing plain packaging with graphic health warnings and pictorials
• A total ban on the display of products at point of sale
• A total ban on vending machines for these products and
• Introducing 100% smoke-free areas in indoor public places and certain outdoor areas

Regulating Vapes

Regarding vapes and other electronic delivery systems, the department noted that the current laws are completely out of date with developments in this sector, which is already in its fourth generation of products.

Worryingly, the department flagged a trend of these products being marketed and packaged in ways that are appealing to youth and children.

Citing research from the Africa Centre for Tobacco Industry Monitoring and Policy, the department said that, of at least 240 vape shops in South Africa, 39% are within a 10km radius of a university or college campus, shooting up to 65% when extended to 20km.

“It is important to note that nicotine is addictive, and unsafe when used under no control measures. There are many other ingredients in e-cigarettes that are known to be harmful and need to be controlled.

“The use of the products, the ingredients, the interaction of ingredients, and their reactions in the body requires understanding,” it said.

“Perpetuation of addiction is not the answer considering how these products are marketed. Causal factors such as mental health need consideration, especially in a country with all the socio-economic challenges. These newer products cannot be given freely or be a solution to addressing all these problems.”

Plain packaging

Under the new laws, packaging of tobacco products will be severely limited, with restrictions or prohibitions on colours, logos, brand images and promotional information and design elements.

Instead, the packages will contain only:

• Health warnings
• Same colour on the allocated brand portion
• Brand and manufacture’s name
• Contact details
• Quantity of product

Point of sale and vending machine ban

Point of sale marketing is a powerful means of advertising, the department said. The laws will place a comprehensive ban on tobacco advertising, promotion and sponsorship at point of sale.

While vending machines are currently allowed to dispense cigarettes to all ages—and are allowed to be used for advertising—this too will come to an end.

Smoke-free areas

One of the more controversial proposed laws is to create 100% smoke free areas in public spaces, but also to limit tobacco use in some privates spaces, depending on the context.

This is particularly around vulnerable groups, the department said, such as children, employees and non-smokers in confined spaces.

“(There is ) a constitutional imperative for government to protect all citizens from the harmful effects of second-hand smoke. (Providing) the right to an environment that is not harmful to health or wellbeing,” the department said.

To protect these groups:

• No smoking in the presence of a child is allowed, including in private enclosed spaces, commercial childcare activity, schooling or tutoring spaces.
• Indoor enclosed workspaces, including environments for domestic workers, health establishments, and hospitality establishments, will be 100% smoke-free spaces.
• This includes smoking in a private vehicle and may include common areas of multi-unit residences and private dwellings where smoke interferes with non-smokers.

The bill outlines penalties for violating these laws, including:

• A fine or up to three months imprisonment (or both) for smoking in smoke-free areas
• A fine or up to six months imprisonment (or both) for smoking in the presence of a non-smoker or child.
• A fine or up to five years imprisonment (or both) for smoking in a private dwelling used for commercial childcare activity.
• A fine or up to ten years imprisonment (or both) for subjecting employees to smoking or making it impossible for them to exercise their rights not to be exposed to any smoking.

Ongoing process

The department noted that the bill was introduced to the National Assembly on 31 May 2023 during the sixth administration, and public consultations commenced.

Consultations were held in the Eastern Cape, Free State, Gauteng, Limpopo, Mpumalanga, North West, and Western Cape.

KwaZulu Natal and Northern Cape remain to be consulted. These processes are set to continue under the seventh administration.

The full text of the regulations can be read below:

Read: Fight brewing over the return of new smoking laws for South Africa