TOBACCO CONTROL ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
Preliminary
1. Short title and commencement
2. Interpretation
PART II
Establishment of Tobacco Control Committee
3. Establishment of Committee
4. Functions of Committee
5. Directions by Minister
6. Appointment of members of Committee
7. Tenure of office
8. Disqualification, removal and resignation
9. Vacation of office
10. Filling of vacancies
11. Co-opted members
12. Reports to Minister
13. Remuneration and allowances
PART III
Meetings and Proceedings of Committee
14. Election of Vice Chairperson
15. Meetings of Committee
16. Quorum and procedure at meetings
17. Committees
18. Secretariat of Committee
19. Disclosure of interest
20. Confidentiality
21. Protection from personal liability
PART IV
Licences
22. Licence required
23. Licences to be issued
24. Application for licence
25. Issue and duration of licence
26. Renewal of licence
27. Duplicate licence
28. Suspension of licence
29. Revocation of licence
30. Transfer of licence
PART V
Protection from Tobacco Smoke
31. Prohibition on smoking in public places, etc.
32. Obligations to ensure compliance
33. No smoking signs
34. Prohibition of smoking in certain outdoor spaces
35. Rights of non-smokers to prevail
PART VI
Advertising, Sponsorship and Promotion
36. Tobacco advertising, sponsorship and promotion prohibited
37. Prohibition on tobacco products displays
38. Required disclosures
39. Penalties for non-compliance
PART VII
Tobacco Products Packaging and Labelling
40. Prohibition on sales of non-compliant tobacco products
41. Prohibition on commercial purchase of non-compliant tobacco products
42. Prescribed health warnings and messages on tobacco products and packages
43. Contents and emissions disclosures on tobacco product packages
44. Prohibition on deceptive or misleading information
45. Minimum package size for smoked tobacco products
46. Minimum package size for smokeless tobacco products
47. Package insert required
48. Legal place of sale to be stated
49. Duty to warn
50. Penalties for non-compliance
PART VIII
Tobacco Product Sales and Distribution
51. Prohibition on sales to persons under 21 years of age
52. Prohibition on sales by persons under 21 years of age
53. Prohibition on self-service and other means of selling tobacco products
PART IX
Tobacco Products Requirements and Contents and Emissions Reporting
54. Regulation of tobacco products
55. Compliance with requirements
56. Tobacco product research, surveillance and exchange of information
PART X
Protection of Tobacco Control Policies from Commercial and Other Interests of the Tobacco Industry
57. Limitation on interactions between Government and tobacco industry
58. Prohibition on Government partnerships, endorsements of tobacco industry, etc.
59. Prohibition on voluntary contributions from tobacco industry
60. Prohibition on incentives, etc. to tobacco businesses
PART XI
Inspections and Investigations
61. Appointment of authorised officers
62. Identification of authorised officers
63. Powers of authorised officers
64. Obstruction of or interference with authorised officers
PART XII
Offences and Penalties
65. General additional sanctions
PART XIII
Miscellaneous
66. Appeals
67. Regulations
68. Repeal of Cap. 65:04
69. Savings and transitional provisions
Act 19, 2021.
An Act to establish the Tobacco Control Committee and set out its functions; to regulate the demand and supply for consumption of tobacco and tobacco products; to control the production, manufacture, sale, labelling, advertising, promotion and sponsorship of tobacco and tobacco products; and to provide for related matters.
[Date of Commencement: ON NOTICE]
PART I
Preliminary (ss 1-2)
1. Short title and commencement
This Act may be cited as the Tobacco Control Act, and shall come into operation on such date as the Minister may, by Order published in the Gazette, appoint.
In this Act, unless the context otherwise requires-
"advertising" or "promotion" in relation to tobacco products, means any form of commercial communication, recommendation or action with the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly;
"authorised officer" means a person appointed in accordance with section 61;
"Chairperson" means the Chairperson of the Committee appointed in accordance with section 6(1);
"Committee" means the Tobacco Control Committee established under section 3(1);
"emission yields" means figures representing measurement of the tobacco product’s emissions and includes the emission of tar, nicotine, carbon oxide or other emissions;
"health warnings and messages" means the prescribed text and accompanying full colour pictures required to be displayed on tobacco packaging and labelling that convey the health and other consequences of tobacco use and exposure to tobacco smoke and any other messages;
"indoor" or "enclosed" means any space covered by a roof or one or more walls or sides, regardless of the type of material used and regardless of whether the structure is permanent or temporary;
"licence" means a licence issued in accordance with section 23;
"manufacturer" in relation to tobacco products, means a person that manufactures, fabricates, produces, processes, packages or labels tobacco products;
"member" means a member of the Committee appointed in accordance with section 3(2);
"packaging and labelling" in relation to tobacco products, means any packaging and labelling used in the retail sale of the products;
"public body" means any office, organisation, establishment or body created by or under any enactment or under powers conferred by any enactment; or any organisation, trust, company or body where public moneys are used, and includes-
(a) any Ministry or Department;
(b) a local authority;
(c) statutory body; and
(d) a company registered under the Companies Act (Cap. 42:01) being a company in which the Government or an agency of the Government through holding of shares or otherwise, is in a position to direct the operations of that company;
"public place" means any place accessible to the general public or place for collective use, regardless of ownership or right of access;
"public service vehicle" has the same meaning ascribed to it under the Road Traffic Act (Cap. 69:01) and shall, for the purposes of this Act, also include a private hire vehicle as defined under the Road Traffic Act;
"retailer" means a person who sells tobacco or tobacco products to consumers;
"seller" means any person who is a wholesaler, importer, exporter, retailer or other distributor of tobacco products;
"smoking" means inhaling, exhaling, or being in control of a lighted tobacco product;
"sponsorship" means any form of contribution to any event, activity, organisation, or individual that has the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly;
"tobacco industry" means the tobacco manufacturers, wholesale distributors, and importers of tobacco products;
"tobacco product" means any product entirely or partly made of tobacco leaf as raw material and which are manufactured to be used for smoking, sucking, chewing or snuffing, and includes electronic cigarettes and non-nicotine delivery devices;
"unit packaging and labelling" means the packaging and labelling in which a tobacco product is directly placed; and
"work place" means any place used by one or more persons during their compensated or voluntary employment or work, including all associated or attached areas commonly used in or incidental to the course of work, as well as work vehicles.
PART II
Establishment of Tobacco Control Committee (ss 3-13)
(1) There is hereby established a body to be known as the Tobacco Control Committee.
(2) The Committee shall consist of 11 members appointed by the Minister being-
(a) an environmental health officer;
(b) a physical planner;
(c) an officer from the Ministry responsible for trade;
(d) two officers from the Ministry responsible for health;
(e) two members of the public;
(f) two non-governmental organisation representatives;
(g) a legal practitioner from the Attorney-General's office;
(h) a member of the Botswana Police Service; and
(i) two members from the private sector.
(1) The Committee shall-
(a) provide oversight in the implementation of the provisions of this Act and exercise the powers conferred upon it by this Act;
(b) monitor the issuance of licences in accordance with this Act;
(c) monitor health trends resulting from tobacco consumption and exposure;
(d) monitor and review the effectiveness of the requirements contained in this Act, and recommend amendments to the Minister as it deems appropriate; and
(e) develop and implement a national programme for tobacco control, including public awareness campaigns and cessation activities.
(2) The Committee may, at the request of any person and on the grounds of quality, safety or efficacy, carry out or cause to be carried out investigations in respect of any tobacco products.
The Minister may, after consultation with the Committee, give the Committee directions of a general or specific nature regarding the exercise of its powers and the performance of its functions, which directions shall not be inconsistent with this Act or with the contractual or other obligations of the Government, and the Committee shall give effect to any such directions.
6. Appointment of members of Committee
(1) The Minister shall appoint the Chairperson of the Committee from among the members of the Committee appointed under section 3(2).
(2) A member of the Committee shall hold office on terms and conditions specified in his or her instrument of appointment.
(3) The Minister may appoint other persons to sit on the Committee as alternates to the substantive members of the Committee appointed under section 3(2).
(4) The alternate members appointed by the Minister under subsection (3) shall be appointed, if the Minister is satisfied that such persons meet the requirements for qualifications for members set out under section 8.
(5) The Minister shall, by notice in the Gazette, publish the appointment of the members and their alternates, specifying the dates of their appointment and the period for which they are appointed to the Committee.
The members shall be appointed for a period not exceeding three years and may, subject to a review of their performance, be eligible for re-appointment for a further period not exceeding two terms.
8. Disqualification, removal and resignation
(1) A person shall not qualify to be appointed as a member nor shall any person continue to serve as a member who-
(a) is engaged, whether directly or indirectly, in the tobacco industry as an owner, shareholder, partner, grower, importer, distributor, retailer or otherwise;
(b) has a financial or proprietary interest in an organisation engaged in the manufacture, importation or distribution of tobacco products;
(c) has, in terms of a law in force in any country-
(i) been adjudged or otherwise declared bankrupt or insolvent and has not been discharged, or
(ii) made any assignment to or arrangement with his or her creditors which has not been rescinded or set aside; or
(d) has, within a period of 10 years immediately preceding the date of his or her proposed appointment, been convicted-
(i) in Botswana, of a criminal offence, or
(ii) outside Botswana, of an offence which if committed in Botswana, would have been a criminal offence,
and sentenced by a court of competent jurisdiction to imprisonment for six months or more without the option of a fine, whether that sentence has been suspended or not, and for which he or she has not received a free pardon.
(2) The Minister may, in writing, remove a member from office where the member-
(a) is absent without reasonable cause from three consecutive meetings of the Committee of which he or she has had notice;
(b) has been found to be physically or mentally incapable of performing his or her duties efficiently, and a medical doctor has issued a medical certificate to that effect;
(c) contravenes the provisions of this Act or otherwise conducts himself or herself to the detriment of the objectives of the Committee, or of public interest; or
(d) has been convicted of an offence under this Act for which he or she is sentenced to imprisonment for a term of six months or more without the option of a fine.
(3) For the purposes of subsection (2)(c), "detriment of the objectives of the Committee" includes any act done without reasonable excuse by a member which-
(a) amounts to failure to perform in a proper manner any duty imposed on him or her as a member;
(b) is prejudicial to the efficient conduct of the Committee; or
(c) tends to bring the Committee into disrepute.
(4) A member may resign from office by giving 30 days’ notice in writing to the Minister.
(5) The Minister may, in writing, suspend from office, a member against whom criminal proceedings are instituted for an offence in respect of which a sentence of imprisonment without the option of a fine may be imposed, and whilst that member is so suspended, he or she shall not carry out any duties under this Act or be entitled to any remuneration or allowances as a member of the Committee.
The office of a member shall become vacant-
(a) if he or she becomes disqualified in terms of section 8 to hold office as a member of the Committee;
(b) if he or she is absent from three consecutive meetings of the Committee without reasonable excuse;
(c) upon his or her death;
(d) upon the expiry of such time as the Minister may specify, in writing, notifying the member of his or her removal from office by the Minister;
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