Upcoming SA anti-smoking laws means you can go to jail for smoking in more areas than before

The soon-to-be-law Tobacco Products and Electronic Delivery Systems Control Bill is currently before parliament, and it seems its passing is going to be a mere formality.

But how does it affect YOU?

The bill brings three new additions to our already comprehensive anti-smoking legislation:

Firstly, it gives the minister of health sweeping powers when it comes to regulating/banning smoking in many areas. I guess the implementation of those laws will depend on the mood of the current minister at any given time.

Secondly, there are new changes around the advertising and packaging of tobacco products.

And lastly, the bill seeks to regulate the sale and use of vaping as well.

The minister can, for instance, decide…

• How far from a door, window or ventilation inlet you have to be to be allowed to smoke (outside).
• Whether smoking in any outdoor space constitutes a health-, fire- or “other” hazard, and he/she may choose to ban it accordingly.
• Which steps any employer has to take to ensure that these regulations are implemented.
• Which restrictions or additional requirements are necessary to prevent the sale of tobacco products to minors.
• Which measures have to be implemented regarding the display and packaging of tobacco products.
• How these regulations will be applied to vaping products.

In short, instead of the law deciding what you as a smoker may or may not do, it is now up to the minister to decide.

Depending on the nature of the violation, you can expect to get a hefty fine, or go to prison for anything from 3 months (for smoking where it is not allowed) to 20 years for selling cigarettes to children.

Also, aside from the minister being able to decide where to ban smoking completely, the new law reaches right into your home:

If you live in a flat or townhouse, and your neighbour complains that your smoke is affecting their enjoyment of life, you are not allowed to smoke there.

It is up to the owner of any building or workplace to ensure that all of these laws are enforced.

When it comes to the workplace…

Any employee is allowed to object to others smoking near them without any retaliation.

In addition to that, any employee may not be forced to work where he/she will be exposed to other people’s smoking.

And yes, that includes your domestic worker.

As far as packaging and sales…

Advertising tobacco products has been banned for a while. But now, retailers are not even allowed to display the cigarettes at all. It may only be offered to a customer upon request.

All branding and colors will be removed from the packaging, and the necessary information will be printed in a common font.

Side note: This should make it much easier for unethical and illegal distributors to simply slap a well known brand name on the packet of any junk they sell. You won’t know before you start smoking it.

As you would expect, the regulations around packaging and display are subject to the discretion of the minister of health.

However, the bill also gives the same sweeping powers to the minster regarding the packaging and sales of vaping products.

Health warnings…

Just like medication, tobacco products will – once the bill is passed – be required to include a leaflet with health information.

On the outside, the front and back of the pack are to be used for health- and social warnings. Legally, these warnings are required to take up 65% of both the front and back display areas.

Lastly…

As you would expect, the selling (and ordering) of tobacco products online, or by any means which require use of the Post Office or courier service, will be prohibited.

What you may NOT be expecting, is the total ban on sweets which in any way look like cigarettes.

Yes, your kid may not “play-smoke” any more, because it “is likely to lead to him or her smoking real cigarettes in the future.

Now the big question is this: With all of this obvious hostility towards people who smoke…

Do you really want to continue smoking?

Your life, your choice. The minster’s rules.