Public Health (Control of Tobacco) Regulations 2002

Statutory Instrument 264 of 2002

Statutory Instrument 264 of 2002

[CAP. 15:09

Public Health (Control of Tobacco) Regulations, 2002

ARRANGEMENT OF SECTIONS

Section

1. Title and date of commencement.

2. Interpretation.
3. Control of smoking in public premises.
4. Control of smoking on public transport.
5. No smoking signs.
6. Trading of tobacco to or by children prohibited.
7. Health message on use of tobacco and product ingredients.
8. Promotion of tobacco products.
9. Imported tobacco products.
10. Exemptions.
11. Inspections and enforcement.
12. Establishment of Tobacco Control Committee.
13. Functions of the Committee.
14. Vacation of office by Committee members.
15. Chairman, Vice-Chairman of and secretary to Committee.
16. Meetings and, procedure of Committee.
17. Offences.

IT is hereby notified that the Minister of Health and Child Welfare has, in
terms of section 94 of the Public Health Act (Chapter 15:09], made the following
regulations:-

Title and date of commencement

1. (1) These regulations may be cited as Public Health (Control of Tobacco)

Regulations, 2002.

(2) These regulations shall come into operation on the 31st of October, 2002.
Public Health (Control of Tobacco) Regulations 2002
Statutory Instrument 264 of 2002

Interpretation

2. In these regulations-

"adult" means a person who has attained the age of 18;

"advertising" includes any communication by or on behalf of a tobacco company to

consumers which has the aim of encouraging them to select one brand of
tobacco over another;

"cigarette" means any product that consists wholly or in part of cut, shredded or
manufactured tobacco or any tobacco derivative and rolled in a single wrap of
paper that is capable of being smoked without further fabrication or
processing;

"consumer" when used in connection with "advertisement" it refers to the person to

whom the advertisement is directed as well as to any other person who
reasonably can be expected to be reached by the advertisement and, when used
in connection with sponsored activities, it refers to those who are Permitted to
attend the particular event;

"designated area" means an area designated in terms of section 3 or 4 as an area in

which smoking is not permitted;

"food premises" means any premises licensed in terms of the .Shop Licences Act
[Chapter 14:17] where food is prepared or sold for consumption on or off the
premises with or without any further preparation;

"minor" refers to any person under the age of 18;

"public premises" means any premises whatsoever, other than private residential
premises, to which any person or class of persons has access or is entitled to
be;

"person" refers to an individual or other entity, including a corporation, association,

society, trust or other such organization;

"point -of -sale advertising" refers to advertising that is located within or attached
physically to a retail outlet for cigarettes;

"promotion" refers to the sale or other distribution of merchandise bearing a cigarette

brand name or logo as well. as other activities, such as sampling, intended to
promote the sale of a particular brand of cigarettes to adult consumers;

"retailer" means a person or other entity engaged in a business that includes the sale
of cigarettes to consumers;
Public Health (Control of Tobacco) Regulations 2002
Statutory Instrument 264 of 2002

"sampling" refers to the free distribution of tobacco product to promote the sale
of a product being sampled;

"sell" includes the supply of cigarettes in exchange for monetary consideration as

well as barter and exchange transactions;

"smoking" means being in possession of a lighted pipe, cigar, cheroot or cigarette

and includes the taking of snuff orally or nasally;

"sponsorship" refers to any public or private contribution to a third party in relation to

an event, team or activity made with the aim of promoting a brand of tobacco
product, which event, team or activity would still exist or occur without such
contribution.

Control of smoking in public premises

3. (1) No person shall smoke in" –

(a) any educational or health care facility, theatre, cinema, museum, youth
centre, library or place of worship or public meeting hall;

(b) subject to subsection (2), any other public premises or food premises.

(2) The manager or person in control of any public premises or food premises
may designate an area within the premises as an area in which smoking is permitted.

(3) The area designated in terms of subsection (2) shall-

(a) not exceed twenty per centum of the total floor area in which it is situated;
and

(b) be so situated as to ensure that the principal area is not contaminated by

any smoking in the designated area.

Control of smoking on public transport

4. No person shall smoke on any-

(a) passenger aircraft; or
(b) passenger train; or
(c) vehicle for the conveyance of passengers for hire or reward.
Public Health (Control of Tobacco) Regulations 2002
Statutory Instrument 264 of 2002

No smoking signs

5. The manager, owner or person in charge of-

(a) any public premises referred to in section 3; or;-

(b) aircraft, train or vehicle referred to in section 4;
shall prominently display clearly legible visible signs indicating areas in which
smoking is prohibited or permitted.

Trading of tobacco to or by minors prohibited

6. (1) No person shall sell or give or make as a prize or promotion any tobacco
product or tobacco promoting product to a person who has not attained the age of
eighteen years.

(2) Every person who sells tobacco or tobacco products by retail shall prominently
display, in the vicinity of the tobacco or tobacco products and at the cash sales point, a
notice to the effect that the sale of tobacco or tobacco products to a person who has
not attained the age of eighteen years is prohibited and the sign shall also carry the
prescribed health message.

(3) No person shall permit or cause any person who has not attained the age of
eighteen years to sell or give away tobacco or tobacco products or participate in any
form of advertising or promotion of any tobacco or tobacco-related product.

Health message on use of tobacco and product ingredients

7. (1) No person shall sell or distribute any tobacco or tobacco products to any person
except in a container on which is prominently displayed the messages-
(a) "Smoking is harmful to health"-for cigarettes, cigars, loose tobacco; or
(b) "Smoking causes cancer"-for nasal and oral snuff; or
(c) "Tobacco is addictive"-for snus.

(2) No person shall in any way whatsoever advertise, promote " or commend the use
of tobacco without the accompanying message and-

(a) in the case of an auditory advertisement, the warnings shall be clearly audible; or
(b) the warning label should have the following font sizes for the following sizes-

(i) 16 point if the container is less than 37 cm2; or

(ii) 21 point if the container is greater than 37 cm2 and less than 85 cm2; or
(iii) 33 point if the container is greater than 85 cm2.

(3) Every tobacco product shall bear accurate information on the percentage of the tar
and nicotine content and any other ingredients of the brand of the tobacco product
concerned clearly visible on the package or container and all advertising shall be in
line with the guidelines set out in the Schedule.
Public Health (Control of Tobacco) Regulations 2002
Statutory Instrument 264 of 2002

Promotions for tobacco products

8. (1) Participation in promotional offers and competitions by the general public will
be conditional upon evidence of age eligibility.

(2) Only adults shall be permitted access to promotional events.

(3) Sample tobacco products may not be offered to a person who has not attained the
age of eighteen years.

(4) Warning message as set out for tobacco products must be prominently included
on any promotional material and at any venue where a promotion is staged.

(5) Trade marks, logos or other identifiable associated features, of tobacco product
packaging may not be used except where the product itself is identified and promoted,
with the appropriate health warnings.

(6) No promotion shall take place at any educational establishment, health facility or
any religious facility.

(7) No person shall sell any unpackaged tobacco product.

Imported tobacco products

9. All imported tobacco products shall carry appropriate health messages in English.

Exemptions

10. (1) The Minister may, on application being made to him in writing, exempt any
person from complying with section 3 or 4 if he is satisfied that the exemption is not
likely to result in-
(a) the creation of a condition which is offensive, injurious or dangerous to the
health of any person or class of persons due to smoking; or

(b) the contamination of any thing intended for human consumption.

(2) An application referred to in subsection (1) shall specify the grounds upon which
it is made.

Inspection and enforcement

11. It shall be the duty of-

(a) medical officers, environmental health officers and environmental technicians

employed in the Ministry of Health and Child Welfare or by any local authority; or
Public Health (Control of Tobacco) Regulations 2002
Statutory Instrument 264 of 2002

(b) any police officer;

(c) any other person generally or specifically authorized by the Minister or by the
local authority concerned, to conduct any inspections and ensure that the provisions of
these regulations are complied with.

Establishment of Tobacco Control Committee

12. (1) There shall be a Committee to be known as the Tobacco Control Committee,
consisting of twelve members appointed by the Minister of whom-

(a) there shall be appointed to represent health workers employed by the State,
mission and/or local authority health facilities; and
(b) one shall be appointed to represent health workers in private practice; and
(c) one shall be appointed to represent voluntary associations engaged in activities
associated with the tobacco industry; and
(d) three shall be appointed to represent manufacturers and distributors of
tobacco products; and
(e) one shall be appointed to represent the tobacco growers; and
(f) one shall be appointed to represent the Ministry of Industry and International
Trade; and
(g) one shall be appointed to represent the Ministry of Lands, Agriculture and
Rural Resettlement; and
(h) one shall be appointed to represent the Consumer Council of Zimbabwe.

(2) Members of the Committee shall be appointed for a period of three years and
on such conditions as the Minister may fix at the time of their appointment.

Functions of the Committee

13. The functions of the Committee shall be-

(a) to advise the Minister on policies for the protection of youth from smoking;

(b) to advise the Minister on the development of informational and educational

materials and programmes for the protection of youth from smoking;

(c) to advise the Minister on the general policy to be adopted in relation to the control
of tobacco management and curricula for students in the health professions;

(d) to advise and report to the minister on matters relating to the enforcement of these
regulations;

(e) to review reports of contraventions or other matters concerning these regulations

and to report to the Minister;

(f) to advise the Minister on action to be taken in terms of these regulations against
any person found to be contravening these regulations;

(g) to monitor the enforcement of these regulations;

Public Health (Control of Tobacco) Regulations 2002
Statutory Instrument 264 of 2002

(h) to cause the conducting of any research on matters relating to tobacco control;

(i) to examine and screen informational and educational materials and warnings in
terms of sections 7,8 and 11 so as to recommend appropriate action to be taken in
relation thereto;

(j) to perform any other function in relation to tobacco control imposed on the
Committee by the Minister.

Vacation of office by Committee members

14. A member of the Committee shall cease to be a member- ;

(a) after giving the Minister such notice of his intention to resign as may be fixed in
his conditions of appointment or after giving such other period of notice as he and the
Minister may agree; or

(b) upon the Minister requiring him to vacate his office on the ground that-
(i) he has conducted himself in a manner .that renders him unsuitable as a
member; or
(ii) he has failed to comply with condition of his office fixed on his
appointment as member; or
(iii) he has ceased to represent the interests he was appointed to represent;
or ~
(iv) he has become physically or mentally incapable of efficiently
performing his functions as a member;
(v) he has been absent for three consecutive meetings without a valid
excuse; or
(vi) he has a criminal record. " ,~

Chairman, vice-chairman of and secretary to Committee

15. (1) The Minister shall designate one member of the Committee to be the
chairman of the Committee and another member to be vice-chairman.

(2) Subject to subsection (3), the chairman shall preside at all meetings of the
Committee.

(3) Whenever the chairman is for any reason unable to perform any of his
functions as chairman, the vice-chairman shall perform such functions in his
place.
(4) The Environmental Health Co-ordinator in the Ministry of Health and Child
Welfare shall provide secretarial services to the Committee.

(5) If at any meeting of the Committee the chairman and vice-chairman are both
absent, the members present shall elect one of their number to preside at the
meeting.
Public Health (Control of Tobacco) Regulations 2002
Statutory Instrument 264 of 2002

Meetings and procedure of Committee

16. (1) The Committee shall hold its first meeting on such a date and place fixed by
the Minister, and thereafter, shall meet for the dispatch of us business and adjourn,
close and otherwise regulate its meetings and proceedings as it thinks fit.

(2) The Committee shall meet at least four times a year.

(3) The chairman of the Committee may at any time and I shall, at the request in
writing of no fewer than three members, convene a special meeting of the Committee,
which meeting he shall convene for a date not sooner than seven days nor later than
thirty days after receipt of the request.

(4) A majority of members shall constitute a quorum at a meeting of the Committee.

(5) All acts, matters, things authorized or required to by the Committee may be
decided by a majority vote at a meeting of Committee at which a quorum is present.

(6) At all meetings of the Committee every member present / shall have one vote on
each question before the Committee, and in the .event of an equality of votes, the
chairman shall have, in addition to a deliberative, a casting vote.

(7) Any proposal circulated among all members of the Committee and agreed to by a
majority shall be of the same effect as resolution passed at a duly constituted meeting
of the Committee and shall be shall be incorporated into the minutes of the next
succeeding meeting of the Committee:

Provided that, if any member requires that the proposal be, placed before a meeting of
the Committee, this subsection shall not, apply to the proposal.

Offences
17. Any person who contravenes section 3, 4, 5, 6 or 7 shall be guilty of an offence
and liable to a fine not exceeding five hundred dollars or imprisonment for a period
not exceeding six months or to both such fine and such imprisonment.
Public Health (Control of Tobacco) Regulations 2002
Statutory Instrument 264 of 2002

SCHEDULE (Section 7)

COLUMN A COLUMN B COLUMN C COLUMN D

Type of package Position of warning Position of warning Position of Information
or advertisement referred to in Part A of referred to in Part B referred to in
Annexure 1 and area to and area to be Annexure 2 and
be occupied by it occupied by it area to be occupied by
it
Package containing Position: On the front Position: On the back Only manufactured
cigarettes cigars or at the top across the at the top across the cigarettes.
loose tobacco full width of the full width of the
package package Position: On one of the
long sides of the
Area: 15% of the front Area: 25% of the back package.
of the package package
Area: 20% of one of
the long sides of the
package. Excluding the
part that forms part of
the lid (if any)

Package containing a Position: On the Nil Nil

single cigar package

Area: 15% of the

surface area of the
package

Container or package Position: Special Nil Nil

for snuff or chewing warning embossed or
tobacco printed at the top across
the full width of the
container or package

Area: 15% of the lid or

the surface area of the
container or package
Written, pictorial or Position: At the top Nil Position: At the top ,
visual advertisement across the full width of across the width of the
advertisement. advertisement (if
applicable)
Area: 10% of the
advertisement. Area: 2% of the
advertisement.
Film, video or cinema Position: At the top Position: At the bottom Position: At the top
advertisement across the full width of across the full width of under the warning
the screen the screen. across the full width of
the screen
Duration: At the Area: 80% of screen
beginning of the Area: 2% of the screen
advertisement for at Duration: At the end of
least 10 seconds: again the advertisement Duration: At the end
as soon as a tobacco simultaneously with simultaneously with
product is shown for at Part A of the warning Part A of the warning
least 10 seconds at the for at least 15 seconds. for at least 15 seconds.
end for least 15
seconds.
Public Health (Control of Tobacco) Regulations 2002
Statutory Instrument 264 of 2002

COLUMN A COLUMN B COLUMN C COLUMN D

Radio and spoken Position: At the end of Nil Position. At the end
advertisement the advertisement after of the advertisement
the information before the warning

Duration. Of sufficient
duration for the
warning lobe clearly Duration: As set out in
understood in the same Column B
voice and speed as the
rest of the
advertisement

ANNEXURE I

MESSAGES

Tobacco smoke contains many harmful

Danger: Smoking is harmful to health chemicals such as carbon monoxide, cyanide,
nicotine and tar, which can cause disease and
death. Non-smokers and ex-smokers, on
average, live longer and are healthier than
smokers

Nicotine in tobacco is a drug which acts on

the brain and nerves. Most smokers are
Tobacco is addictive dependent on nicotine that is why they feel
uncomfortable and get cravings when they
go without smoking for a while /'

Causes cancer (special warning on snuff and

chewing tobacco)
Public Health (Control of Tobacco) Regulations 2002
Statutory Instrument 264 of 2002

ANNEXURE 2

INFORMATlON

For packages containing manufactured cigarettes the following, shall be the

information:

………………………………………….mgs tar
…………………………………………mgs nicotine

As per Government agreement method.

The amount of tar and nicotine in the smoke of a cigarette shall for the
purposes of this Annexure be determined in accordance with the International
Standards Organisation’s methods.

ISO 4387: 1991 3308: 1991 7210: 1983 3402: 1991

8243: 1991 110315: 1991 3400: 1989 10362: 1991
10362-2: 1994 2971: 1987 6486: 1931 6565: 1983

The tests shall be carried out at any reputable laboratory at the expense of the
manufacturer or importer.

Supplement to the Zimbabwean Government Gazette dated the 4th October, 2002. i Printed by the
Government Printer, Harare.