We would like to advise our clients, who own businesses, of a number of amendments to the Tobacco Products Control Act, 1993, which came into operation on 21 August 2009. It is extremely important that you take note of these amendments, and where necessary, take the necessary measures to ensure that your business complies with the law.
WHERE IS SMOKING PROHIBITED?
Smoking is not allowed in any enclosed or partially enclosed public place, except in areas which have been specifically designated as smoking areas. Please note that smoking is no longer allowed in courtyards, partially enclosed entrances and exists adjoining enclosed areas which are accessible to the public, outdoor dining areas which are partially enclosed, as well as on covered balconies, terraces, verandahs or similar facilities.
WHERE IS SMOKING PERMITTED?
The owner of a bar, shebeen, tavern, sportsbar, pub or restuarant may designated an area as a smoking area, provided that the designated smoking area does not take up more than 25% of the total floor space of the premises. Designated smoking areas MUST comply with the following requirements:
1. The desginated smoking area must contain windows that open to the outside and which are open during any smoking activity and a seperate ventilation system that extracts air to the outside.
2. The designated smoking area must be seperated from the rest of the premises by a concrete wall or solid partition and an entrance door on which the sign “smoking area” is displayed in letters that must be atl least 4 cm high and 3 cm broad, appearing as black and white only.
3. The prescribed health messages and/or warnings must be displayed at the entrance to the designated smoking area, in blaqck lettering on a white background that must be at least 4 cm high and 3 cm broad, as follows: “The smoking of tobacco is harmful to your health. Tobacco smoke is harmful to your health. Tobacco smoke is also harmful to non-smokers. If you are pregnant or breastfeeding, toboacco may harm your baby. For help to quit please phone 011 720 3145.”
The owner of a restuarant may designate no more than 25% of the seating of the restuarant for use by smokers, provided that the restuarant has more than 35 seats and the designated smoking area complies with the 33 requirements listed above.
No person may smoke in or on any part of a business premises which is not a designated smoking area.
ARE VENDING MACHINES PERMITTED?
Vending machines from which tobacco products can be purchased can no longer be placed in bars, restuarants, pubs and similar premises, or any other place which persons under the age of 18 years have access. Therefore, vending machimes may be placed in designated smoking areas or places where only persons over the age of 18 years are allowed access. In addition, please note that vending machines from which tobacco products may be bought may no linger offer any other product other than a tobacco product for purchase by the public.
WHAT ARE THE PENALTIES?
Any person who contravenes the provisions of the Act relating to vending machines may be prosecuted and, upon conviction, sentence to a fine of up to R100 000-00.
WHAT ARE THE DUTIES OF A BUSINESS OWNER?
1. PREVENT SMOKING ON THE BUSINESS PREMISES
The owner , or person in charge of a business concern, must ensure that no person smokes in an area where smoking is not permitted. This implies that business owners will have to ensure that partially enclosed areas forming part of the business premises will have to be policed to ensure compliance with the Act.
Each contravention of the above provision may be met with a fine of up to R50 000-00.
2. PREVENT THE SALE OF TOBACCO PRODUCTS TO MINORS ON THE BUSINESS PREMISES
The owner, or person in charge of a business concern, must ensure that no person under the age of 18 years in his/her employ or under his/her control sells or offers to sell any tobacco products on the business premises.
A fine of up to R100 000-00 can be imposed if the above provisions is contravened.
3. UPHOLD THE RIGHTS OF EMPLOYEES
The owner, or person in charge of a business, must ensure that the use of tobacco products in or about the workplace does not interfere with the rights of non-smoking employees to perform their duties in a smoke-free environment. Employers must ensure that if employees object to being exposed to smoking in the workplace, those employees are able to voice these objections without retaliation and are not exposed to tobacco smoke. In addition, no employee may be required as a condition of his/her employment, to work in any portion of the workplace where smokinhg is permitted, such as the desinated smoking area, nor may employees be required to indemnify their employer against any negative effects of working in an environment where smoking is permitted.
HOW WILL THE ACT BE POLICED?
Compliance with the Act will be enforced by health officers employed by the National Department of Health, appointed in terms of the National Health Act, 2003.
These officers are authorised by the Act to conduct routine inspections as well as environmental health investigations on the business premises, and have extensive powers of entry, search and seizure.
WHAT ARE THE PENALTIES?
Failure to give a health officer performing duties in terms of the Act the necessary asistance and cooperation is a criminal offence, which upon conviction, may give rise to imprisonment of up to 5 years, with or without the option of a fine.
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