Tobacco Control Act

Number of Act: 
14
Date of promulgation: 
24 August 2009

 

EDITORS' NOTE: The digital versions of legislation accessible through SeyLII are UNOFFICIAL and provided solely in the interests of increasing access to legal information.  Their currency and accuracy cannot be warranted.  Official versions of Seychelles legislation can only be obtained in hard copy from the Attorney-General’s Chambers, Department of Legal Affairs

CONSOLIDATED TO 30 JUNE 2012

 

LAWS OF SEYCHELLES

 

 
 

Act 14 of 2009

 

 

TOBACCO CONTROL ACT

[24th August, 2009]

 

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY

1.       Short title

2.       Interpretation

3.       Administration of Act

PART II PROTECTION FROM EXPOSURE TO TOBACCO SMOKE

4.       Prohibition of smoking in public place

5.       Display of notices

6.       Duties of owners

PART III MANUFACTURE, IMPORTATION AND SALE OF TOBACCO PRODUCTS

7.       Youth access and minimum age restriction

8.       Restriction on sale of tobacco product through vending machine etc

9.         Restriction on handling of tobacco product prior to sale

10.    Tobacco product to conform to prescribed standards

11.    Prohibition on sale of “look-alike” product

12.    Labelling and packaging

13.    Anti-smuggling and reporting

PART IV - ADVERTISING, SPONSORSHIP AND PROMOTION OF TOBACCO PRODUCTS

14.     Restriction on advertising

15.     Tobacco product as incentive, game etc prohibited

16.     Prohibition of brand stretching

17.     Prohibition of reverse brand stretching

PART V NATIONAL TOBACCO CONTROL BOARD

18.     Establishment

19.     Object

20.     Composition and appointment

21.     Tenure

22.     Function

23.     Meeting

24.     Acts done in good faith

PART VI MISCELLANEOUS

25.     Offences and penalties

26.     Confiscation of products or articles

27.     Regulations

 

___________________________

 

 

PART I PRELIMINARY

 

1.                        This Act may be cited as the Tobacco Control Act.

 

2.            In this Act —

 

“advertisement”, in relation to a tobacco product—

 

(a)        means a communication, an act or practice that is commercial; and

 

(b)        includes words, names, messages, mottos, slogans, letters, numbers, pictures, images, colours and any other graphics, sounds or auditory, visual or sensory matter, in whole or in part, through any media or other means,

 

that has the aim, effect, or likely effect of promoting a tobacco product, a manufacturer, an importer, or tobacco use;

 

“Board” means the National Tobacco Control Board established under section 18;

 

“child” means a person below the age of 18 years;

 

“enclosed”, in relation to a public place or workplace, means a place covered by a ceiling or roof or enclosed by one or more walls or sides, regardless of the type of material used, and whether the roof, walls or sides are temporary or permanent;

 

“export” includes re-export;

 

“hotel” means an establishment that provides lodging or sleeping accommodation with or without food and drink, to the public for hire, the rate of which is calculated on a daily basis, or for reward of any kind;

 

“Minister” means the Minister responsible for health and “Ministry” is construed accordingly;

 

“package” means a container, receptacle or wrapper in which a tobacco product is sold or distributed;

 

“public place” includes —

 

(a)        an enclosed place which is open to the public or part of the public;

 

(b)        outdoor premises of —

 

(i)                 a health institution;

(ii)                an educational institution; or

 

(iii)             a children day care centre; or

 

(c)        any other prescribed premises or place;

 

“public transport” includes any publicly or privately operated mode of transport used for the carriage of members of the public, whether for hire or reward;

 

“prescribed” means prescribed by regulations;

 

“sell” includes offer for sale or expose for sale;

 

“smoking” includes the inhaling and exhaling of tobacco smoke, and holding of a lighted or heated tobacco product, or a device containing an ignited tobacco product which is producing any type of emission;

 

“smoking accessories” includes equipment or supplies intended for or used for smoking or for preparation thereof;

 

“tobacco product'' means a product containing tobacco in any form;

 

“tobacco sponsorship” means a public or private contribution made to a person, a team or an event with the aim, effect or likely effect of promoting a tobacco directly or indirectly;

 

“workplace” —

 

(a)        means a place occupied by an employer, usually frequented by a worker or a volunteer during the course of his or her employment, whether for remuneration or on a voluntary basis; and

 

(b)        includes the public area, corridor, lounge, eating area, reception area, elevator, foyer, staircase, rest-rooms, or any other common area attached to, forming part of, or used in conjunction with a work place within the meaning of paragraph (a); but

 

(c)        does not include a dwelling-house occupied by an employer.

 

3.(1)         The Minister is responsible for the general administration of this Act.

 

(2)         The Minister may delegate to a person any power or duty imposed on the Minister by this Act, other than the power to make regulations or orders and this power of delegation.

 

(3)          An act or thing done by a person under a power or duty delegated under the subsection (2) has the same force and effect as if it had been done by the Minister.

 

PART II PROTECTION FROM EXPOSURE TO TOBACCO SMOKE

 

4.(1)         A person shall not smoke a tobacco product —

 

(a)                in a public place;

 

(b)               in an enclosed workplace; or

 

(c)        in any public transport whether or not it is carrying a member of the public.

 

(2)         Subsection (1) (a) does not apply to a bedroom in a hotel, but the owner of the hotel may prohibit or restrict smoking in such bedroom.

 

5.              An owner of a public place or an enclosed workplace shall clearly display notices in the prescribed form, indicating that smoking is prohibited in the public place or enclosed workplace.

 

6. (1)       An owner of a public place or an enclosed workplace shall take reasonable steps to prevent a person from smoking in that public place or enclosed workplace.

 

(2)               For  the  purpose of subsection (1), “reasonable steps” means —

 

(a)                  to ask the person to stop smoking;

 

(b)                  to ask the person to leave; or

 

(c)                 to call the police.

 

            (3)        A person who refuses to stop smoking or to leave the public place or enclosed workplace when asked to do so by the owner pursuant to subsection (2) shall be removed by the police.

 

PART III MANUFACTURE, IMPORTATION AND SALE OF TOBACCO PRODUCTS

 

7.(1)         A seller of a tobacco product shall display at his or her place of business a notice in the prescribed form, informing the public that it is prohibited by law to sell a tobacco product to a child.

 

            (2)        A person shall not —

 

(a)                send a child to buy;

 

(b)        sell to a child;

 

(c)        allow a child to sell;

 

(d)               give to a child; or

 

(e)                ask a child to light,

 

a tobacco product.

 

(3)             It is not a defence to a charge under subsection (2) for an accused person to prove that —

 

(a)                the child presented a form of identification indicating his or her age and that   there was no apparent reason to doubt the authenticity of the form of identification; or

 

(b)        the child appeared to be not less than eighteen years of age.

 

8.               A person shall not sell a tobacco product through an automatic vending machine, through the post or through the internet, or by other means through which the age of the purchaser cannot be reliably ascertained.

 

9.               A person shall not sell a tobacco product in a manner whereby it may be handled without his or her assistance before a sale is made.

 

10.             A person shall not manufacture, import or sell a tobacco product that does not conform to the prescribed standards.

 

11.             A person shall not manufacture, import, supply, display, distribute or sell any sweets, snacks, toys or other non-tobacco products resembling a tobacco product.

 

12.(1)         A person shall not manufacture, import, supply, display, distribute or sell a tobacco product —

(a)                unless its individual packaging and outer packaging, including  any  packaging that may be visible at retail —

 

(i)         bear in the prescribed form, the written or pictorial warnings or any other tobacco control messages;

 

(ii)        bear in the prescribed form a statement of the constituents and emissions of the tobacco product; and   

 

(iii)       bear any other prescribed information; or

 

 (b)       if its individual packaging and outer packaging, including any packaging that may be visible at retail—

 

(i)         contain any labelling that is; or

 

(ii)        other characteristics that are,

 

misleading, deceptive or likely to create an erroneous impression about the characteristics, health effects, hazards or emissions of a tobacco product, including any term, descriptor, trademark, figurative, colour, shape, or any other sign that directly or indirectly creates a false impression that a particular tobacco product is less harmful than other tobacco products.

 

(2)         The size of the warnings or messages referred to in subsection (1)(a)(i) is to cover at least 50 per cent of the main display areas of the package containing the tobacco product.

 

(3)         The text of the warnings or messages referred to in subsection (1)(a)(i) and the statement and information referred to in subsection (1) (a)(ii) and (iii) respectively, shall be printed in Creole, English or French.

  (4)          For the purpose of subsection (1)(b), a term includes the use of the expression “light”, “ultra-light” or “mild”.

 

13.             Every manufacturer, importer or exporter of tobacco or tobacco products shall submit to the Board at the end of each quarter, a report in the prescribed form for that quarter, containing the following information for each brand or type of tobacco or tobacco products —

 

(a)        the amount and selling price of such products that have been manufactured or imported for sale in Seychelles or exported from Seychelles;

 

(b)         the country from which such products were imported, transshipped or to which they were exported;

 

(c)        the date of import into or export from Seychelles of such products;

 

(d)        copies or samples of all outer packaging of a unit for sale of such products, if they are different from those submitted before;

 

(e)        the measures of prescribed constituents and emissions using prescribed testing methods;

 

(f)        any other prescribed particulars.

 

PART IVADVERTISING, SPONSORSHIP AND PROMOTION OF TOBACCO PRODUCTS

 

14.(1)         Subject to subsection (2), a person shall not engage or participate in any form of direct or indirect domestic or cross-border tobacco sponsorship, advertisement and promotion.

 

(2)            Subsection (1) shall not apply to —

 

(a)        a price list of a prescribed size and form displayed inside a prescribed location, on premises licensed to sell or deal in tobacco products and smoking accessories:

 

Provided that not more than one price list is displayed; or

              

(b)        trade publications provided to employees, stakeholders or investors of the tobacco industry not intended to encourage and that do not have the effect or likely effect of encouraging the purchase or use of a tobacco product.

 

15.            A person shall not provide or take part in providing a tobacco product as an incentive, a commercial gift, a sample, a bonus, or a prize in any game, lottery or contest or as a reward.

 

16.            A person shall not use any name, logo, brand name, colour, graphic, or other indicia associated or likely to be associated with a tobacco product, tobacco manufacturer or seller on a non-tobacco product, item or service in whole or in part.

 

17.            A person shall not use or display any logo, slogan, trademark or brand name of a non-tobacco product or service on a tobacco product.

          

PART V NATIONAL TOBACCO CONTROL BOARD

 

18.            The Minister shall establish a National Tobacco Control Board.

 

19.            The Board is responsible for advising and making recommendations to the Minister on matters relating to tobacco control.

 

20.(1)       The Board consists of the Public Health Commissioner and not more than 9 other members, who have experience in the field of tobacco control, public health, consumer protection and other related fields, and an executive secretary.

 

(2)          The members of the Board are to be appointed by the Minister, and the Minister shall cause a notice of their names to be published in the Gazette.

 

(3)         The Public Health Commissioner is to be the Chairperson of the Board and the members of the Board shall elect from among themselves a vice-chairperson.

 

(4)         Each member of the Board is to be appointed for a term of 2 years and is eligible for re-appointment.

 

(5)         A person shall not be appointed as a member of the Board, if the person is —

 

(a)        a representative of, or a person involved in the business of manufacturing, importing, exporting or selling of tobacco or tobacco products or smoking accessories;

 

(b)        an owner or shareholder or representative of, or has any other interest in, an entity that manufactures, imports, exports or sells tobacco or tobacco products or smoking accessories.

 

21.(1)       A member of the Board may resign by giving a signed notice of resignation to the Minister.

 

(2)      The Minister may remove a member of the Board from office upon being satisfied that the member —

 

(a)        is, for whatever reason, permanently incapable of performing the functions of a member ;

 

(b)        has been absent, without leave of the Board, from 3 consecutive meetings of the Board; or

(c)        has neglected the duties of a member.

 

 22.           The functions of the Board are —

 

(a)        to monitor and report to the Minister on trends and patterns in the use of tobacco or tobacco products;

 

(b)        to review the implementation of this Act and  recommend  to   the   Minister   such amendments as  it considers to be necessary or appropriate;

 

(c)        to develop a national programme for tobacco control and make recommendations to the Minister for its implementation;

 

(d)        to coordinate activities on tobacco control among ministries, government departments and other relevant bodies;

 

(e)        to prepare reports to the Conference of the Parties of the Framework Convention on Tobacco Control as is required by the Convention and its protocols; and

 

(f)                to perform any other functions as may be given to it by Minister.

 

23.(1)          The Board may meet as often as is necessary for the performance of its functions under this Act.

 

(2)         The Chairperson shall preside at all meetings of the Board at which he or she is present and the vice-chairperson shall preside in the absence of the Chairperson.

 

(3)         A quorum for a meeting of the Board is 5 members.

 

(4)         The Board shall regulate its own proceedings.

 

(5)         Each member of the Board has one vote and decisions of the Board are by simple majority of votes cast by the members present at a meeting and in the event of an equality of votes, the Chairperson or vice chairperson has a casting vote.

 

(6)        The validity of a proceeding of the Board is not affected by a vacancy among its members or a defect in the appointment of a member.

 

24.             A member of the Board is not liable for damages for anything done or omitted to be done in good faith in the performance or purported performance of the member's functions under this Act.

 

PART VI MISCELLANEOUS

 

25.(1)         A person who smokes in contravention of a provision of section 4(1) commits an offence and is liable —

 

(a)                on conviction to a fine of not less than R1,000 and not more than R5000, on first conviction;

 

(b)               on conviction to a fine of not less than R5,000 and not more than R8,000, on second conviction; and

 

(c)        to imprisonment for a term not exceeding 3 years, on subsequent convictions.

 

            (2)        A person who contravenes section 5, 6(1), a provision of section 7, 9, 11, 13, 14(1), 15, 16 or 17 commits an offence and is liable —

 

(a)        on conviction to a fine of not less than R5,000 and not more than R10000 or imprisonment for a term not exceeding 2 years, on first conviction;

 

(b)        on conviction to a fine of not less than R10,000   and   not   more  than  R15,000   or imprisonment for a term not exceeding 3 years, on second conviction; and

 

(c)        on conviction to a fine of not less than R15,000 and not more than R20,000 and imprisonment for a term not exceeding 3 years, on subsequent convictions.

 

(3)            A person who contravenes section 8, 10, or a provision of section 12 commits an offence and is liable on conviction to a fine of R100000 or imprisonment for a term not exceeding 3 years and for a second or each subsequent offence to a fine of R150000 and imprisonment for a term not exceeding 3 years.

 

26.            Where a person is convicted of an offence under section 10, 11 or a provision of section 12, a court may, in addition to imposing a penalty, order the confiscation and destruction of any tobacco product or article, which is the subject matter of the offence.

 

27.            The Minister may make orders and regulations regarding —

 

(a)        the requirement that the relevant authority sets the standards and testing procedures and methods  for   tobacco   products  or otherwise provides for testing of such products to ensure compliance with this Act;

 

(b)        the inspections of any public place, public transport, enclosed  workplace  or  any  other place to which this Act applies for purposes of enforcing the provisions of this Act;

 

(c)        the content of the health warnings, messages and statements required to be disclosed or printed on or in tobacco packages and the manner in which they are to be displayed;

 

(d)        constituents and emissions required to be disclosed in reports to the Minister and other information required to be so reported;

 

(e)        other places and premises where smoking is prohibited;

 

(f)        the imposition of spot fines;

 

(g)        the implementation of provisions of international conventions and protocols relating to tobacco control to which Seychelles is a party;

 

(h)        the number of cigarettes to be contained in a package for the purpose of manufacture and sale.

 

____________________

 

LAWS OF SEYCHELLES

 

SUBSIDIARY LEGISLATION

 

 

S.I. 45 of 2011

SECTION 27(g)

 

Tobacco Control (Smoke-Free Notice) Regulations, 2011

 

In exercise of the powers conferred by section 27(g) read with section 5 of the Tobacco Control Act, the Minister responsible for Health makes the  following Regulations —

 

1.               These Regulations may be cited as the Tobacco Control (Smoke-Free Notice) Regulations, 2011.

 

2.               In these Regulations —

 

“entrance” means a way into a place;

 

“no smoking symbol” means a symbol which consists of a representation of a single burning cigarette enclosed in a red circle with a red bar across it.

 

3.               A notice shall be displayed in —

 

(a)        a public place or enclosed workplace shall not be less than 20 centimetres wide and 30 centimetres high;

 

(b)        a public transport shall not be less than 7 centimetres wide and 10 centimetres high.

 

4.             A notice shall —

 

(a)        contain the no smoking symbol as set out in the Schedule and the no smoking symbol shall not occupy less than 50 per cent of the display area of the notice;

 

(b)        contain any of the following words that can easily be read —

 

“It is against the law to smoke in these premises” or “Il est interdit de fumer dans les lieux publics” or “I kont lalwa pou fimen dan sa landrwa”; or

 

“It is against the law to smoke in this vehicle”

or “Il est interdit de fumer dans ce véhicule”

or “I kont lalwa pou fimen dan sa transpor”;

 

 

(c)        have a white background;

 

(d)        have the text printed in black or red;

 

(e)        be displayed in any of the official language.

 

5.               A notice shall be displayed —

 

(a)        at each entrance of an enclosed public place or enclosed workplace;

 

(b)        in each sitting or waiting area of a public place or enclosed workplace;

 

(c)        on the wall next to each stairwell of an enclosed public place or enclosed workplace;

 

(d)        in a place visible to a passenger in a public transport.

 

 

SCHEDULE

(Regulation 4)

FORM OF NO SMOKING SYMBOLS

 

                       
       
 
     
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

________________________