To watch the meeting, click here.

The National Assembly convened a briefing where the Tobacco, Alcohol and Gambling Advisory, Advocacy and Action Group presented its submission on the Tobacco Products and Electronic Delivery Systems Control Bill [B33 – 2022]. This Bill seeks to regulate the sale, distribution, and use of tobacco and electronic nicotine delivery systems (such as e-cigarettes and vaping products) in South Africa.

Key Focus Areas of the Submission

The group’s submission outlined its perspectives, concerns, and recommendations on various aspects of the Bill, including:

• Stricter Regulations on Advertising and Packaging: The Bill proposes standardized packaging and labeling requirements to reduce the appeal of tobacco and vaping products, particularly among young people. The group supported measures that align with global public health standards.
• Smoke-Free Public Spaces: The submission addressed the proposed restrictions on smoking in public areas and enclosed spaces, emphasizing the health benefits of reducing secondhand smoke exposure.
• Regulation of Electronic Delivery Systems: The group examined the classification of e-cigarettes and other electronic delivery systems under the same legal framework as traditional tobacco products. Their submission assessed the implications of these regulations for public health and industry compliance.
• Health Warnings and Consumer Awareness: The advocacy group highlighted the importance of increasing consumer awareness about the risks associated with tobacco and vaping products. This included recommendations on clearer health warnings and public education campaigns.
• Enforcement and Compliance Mechanisms: Concerns were raised regarding the enforcement of the Bill’s provisions, including penalties for non-compliance and the capacity of regulatory bodies to oversee implementation effectively.

Legislative Considerations

The briefing provided an opportunity for Parliamentary Members and stakeholders to engage with the advisory group’s insights and assess the broader impact of the Bill on public health, the tobacco industry, and consumer rights. The discussion also considered how the proposed legislation aligns with international treaties and national health policies.

The submission by the Tobacco, Alcohol and Gambling Advisory, Advocacy and Action Group contributes to the ongoing deliberations on the Tobacco Products and Electronic Delivery Systems Control Bill [B33 – 2022], informing potential refinements to the legislative framework before its finalization and implementation.

Summaries of Input made by Portfolio Committee on Health:

Purpose of the Bill

The Bill aims to regulate tobacco products and electronic delivery systems by:

• Controlling smoking in public and private spaces.
• Restricting the sale, advertising, and promotion of tobacco and vaping products.
• Standardizing packaging with health warnings.
• Setting manufacturing and import standards.
• Prohibiting sales to minors and via vending machines.

Key Provisions

1. Smoking Restrictions

   • Prohibits smoking in enclosed and certain outdoor public spaces, workplaces, and multi-unit residences.
   • Bans smoking in vehicles with children present.

2. Advertising and Promotion

   • Bans all forms of advertising, sponsorship, and brand promotion for tobacco and electronic nicotine delivery systems.
   • Prohibits the public display of tobacco products at points of sale.

3. Packaging and Health Warnings

   • Requires standardized, plain packaging with large graphic health warnings.
   • Prohibits misleading labels suggesting reduced harm.

4. Sales and Distribution

   • Bans sales to individuals under 18.
   • Restricts sales in healthcare facilities and near schools.
   • Prohibits online and mail-order sales.

5. Manufacturing and Import Regulations

   • Introduces standards for production, content disclosure, and emissions.
   • Requires compliance with a tracking and tracing system to prevent illicit trade.

6. Monitoring and Enforcement

   • Establishes a Relevant Product Monitoring Committee to oversee compliance.
   • Assigns penalties ranging from fines to imprisonment (up to 20 years for severe violations).

7. Repeal of Previous Laws

   • Replaces the Tobacco Products Control Act of 1993.

Consultation & Implementation

• The Bill was reviewed by government departments, industry stakeholders, and civil society groups.
• Some concerns were raised by the tourism and small business sectors.
• No direct financial implications for the state were identified.

To read the full Tobacco Alcohol and Gambling Input (August 2023), click here