New smoking laws for South Africa are back

After lapsing at the end of the previous administration, the Control of Tobacco Products and Electronic Delivery Systems Bill has been revived by Parliament for further processing.

Now sitting in Parliament and on the agenda of the seventh administration, the Bill was first introduced in the National Assembly back in December 2022.

According to the Bill, it intends to “strengthen public health protection measures’ by aligning prevailing tobacco control legislation with World Health Organisation (WHO) Framework Convention on Tobacco Control imperatives.

It is proposed legislation that will regulate the sale, advertising, and use of tobacco products and electronic delivery systems. 

Among other things, it seeks to:

• Impose stricter product and related product processing, manufacturing and import standards;
• Regulate tobacco product and electronic delivery system advertising;
• Standardise the ‘packaging and appearance’ of tobacco and electronic delivery system products;
• Prohibit smoking in all indoor public places as well as ‘certain outdoor areas’;
• Ban cigarette vending machines;
• Make ‘plain packaging with graphic health warnings and pictorials’ mandatory; and
• Ban the display of tobacco products and electronic delivery systems at points-of-sale.

The Bill’s revival has stoked mixed reactions.

“E-cigarette use among youth is also on the rise, raising concerns about nicotine addiction and long-term health implications, especially for young people whose brains can be impacted by nicotine,”

The National Assembly Health Committee under the previous Parliament called for written submissions on the bill. 

Nationwide public hearings were then held, ending in December 2023.

During that process, committee media statements on the outcomes of several hearings tended to point to widespread in-principle support for the Bill’s health-related objectives.

However, at a more practical level, numerous pressing concerns were raised.

These included:

• Possible job losses in the industry should manufacturers downsize in the face of more onerous, costly regulatory requirements;
• The consequential likelihood of increased trade in illicit tobacco products;
• A possible reduction in tax revenue from the production and sale of legal tobacco products and electronic delivery systems;
• Inadequate attention to the Bill’s implications for small and informal traders (especially those selling single cigarettes);
• Inadequate attention to the Bill’s implications for tobacco farmers (especially small-scale and emerging farmers); and
• Inadequate monitoring and enforcement capacity.

According to Statista, revenue from the legal cigarettes market in South Africa will amount to an estimated R268 billion in 2024.

While the cigarette market in South Africa remains prevalent, its illicit trade has boomed, and those against the Bill believe that such legislation could fuel even further growth.

During several public hearings, the SA Legal Academy said calls were made for the Bill to be sent to the National Economic Development and Labour Council for more robust consultation.

“In addition, it appears that no socio-economic impact assessment was ever conducted.”

“With those issues in mind, it remains to be seen how the new National Assembly Health Committee proceeds,” said the SA Legal Academy.

Company could face heavy fines for Tobacco legislation non compliance

https://businesstech.co.za/news/government/786650/new-smoking-laws-for-south-africa-are-back