Latest news with #TobaccoProductsandElectronicDeliverySystemsControlBill
IOL News
6 days ago
- Business
- IOL News
Puff, Puff, Pass. . . Outside? – Backlash brews over new proposed smoking laws
The Department of Health's proposed changes to tobacco laws could see smokers face jail time for smoking entjies and e-cigarettes indoors and failing to adhere to other prohibited smoking legislation. Image: Thirdman/Pexels South African liquor traders have raised serious objections to proposed new smoking legislation that would require significant changes to bars, taverns, and restaurants across the country. The legislation, currently being processed by the Department of Health, aims to ban the display advertising of tobacco products, standardise packaging, and introduce stricter controls on e-cigarettes and vaping. While the proposed changes affect the wider hospitality industry, including the ban on vending machines, the biggest challenge lies in where people can smoke. Under the new Tobacco Products and Electronic Delivery Systems Control Bill, smoking would be outlawed indoors and in certain public spaces, forcing patrons to move outside. New regulations also stipulate that designated smoking areas must be located a specific distance from windows, ventilation points, and entryways. The Gauteng Liquor Traders Association (GLTA) expressed concern that this requirement would be completely unworkable in township environments, where many smaller taverns operate. The association said that businesses had already invested in creating compliant smoking spaces after the last revision of the smoking laws, designating 25% of their floor space for this purpose. The new legislation, it argued, would force businesses to spend even more to build new spaces or risk falling foul of the regulations. 'The Minister has discretion over this distance, but the Department of Health previously suggested 10 metres. This provision is totally unworkable in a township environment,' the GLTA said. The association added that staff would be required to leave the building to smoke, potentially leaving the venue vulnerable to security threats and affecting employee productivity. Similar concerns apply to patrons, who might be forced to move to isolated areas where they could be at risk of crime. Although the GLTA focused its concerns on smaller, informal traders, it warned that all businesses with designated smoking areas would be impacted, regardless of their location, and would face increased costs. The impact on the illicit cigarette trade Business Against Crime South Africa (BACSA) argued that making it harder for businesses to operate legally could drive more traders towards the black market. According to BACSA, the illicit tobacco market already accounts for 60–70% of sales, costing the national budget roughly R18bn each year. The group warned that the draft legislation lacks enforcement measures to combat the illegal trade and does not provide tools such as track‑and‑trace systems or improved border controls. The GLTA also pointed out that the new laws create the risk of increased corruption, especially given that certain elements within the police have been known to solicit bribes. It stated that making it a criminal offence for businesses to fail to spot an errant smoker would only create further opportunities for exploitation. Penalties 'The penalty for smoking in a banned area is three months in prison, and/or a fine. The penalty for smoking near a non‑smoking employee is ten years in prison and/or a fine." The association noted that there are more serious crimes for the authorities to focus on in South Africa. IOL Lifestyle Get your news on the go, click here to join the IOL News WhatsApp channel.
IOL News
6 days ago
- Health
- IOL News
South African taverns and bars voice strong opposition to new anti-smoking regulations
The Department of Health's proposed changes to tobacco laws could see smokers face jail time for smoking entjies and e-cigarettes indoors and failing to adhere to other prohibited smoking legislation. South African liquor traders have raised serious objections to proposed new smoking legislation that would require significant changes to bars, taverns, and restaurants across the country. The legislation, currently being processed by the Department of Health, aims to ban the display advertising of tobacco products, standardise packaging, and introduce stricter controls on e-cigarettes and vaping. While the proposed changes affect the wider hospitality industry, including the ban on vending machines, the biggest challenge lies in where people can smoke. Under the new Tobacco Products and Electronic Delivery Systems Control Bill, smoking would be outlawed indoors and in certain public spaces, forcing patrons to move outside. New regulations also stipulate that designated smoking areas must be located a specific distance from windows, ventilation points, and entryways. The Gauteng Liquor Traders Association (GLTA) expressed concern that this requirement would be completely unworkable in township environments, where many smaller taverns operate. The association said that businesses had already invested in creating compliant smoking spaces after the last revision of the smoking laws, designating 25% of their floor space for this purpose. The new legislation, it argued, would force businesses to spend even more to build new spaces or risk falling foul of the regulations. 'The Minister has discretion over this distance, but the Department of Health previously suggested 10 metres. This provision is totally unworkable in a township environment,' the GLTA said. The association added that staff would be required to leave the building to smoke, potentially leaving the venue vulnerable to security threats and affecting employee productivity. Similar concerns apply to patrons, who might be forced to move to isolated areas where they could be at risk of crime. Although the GLTA focused its concerns on smaller, informal traders, it warned that all businesses with designated smoking areas would be impacted, regardless of their location, and would face increased costs.
The Citizen
19-06-2025
- Business
- The Citizen
Tobacco Bill bans sale of loose cigarettes – informal traders fear bankruptcy
A clause in the Bill bans the sale of single cigarettes, and if a person is found selling a 'loose' cigarette, they can be fined and/or imprisoned. The Tobacco Products and Electronic Delivery Systems Control Bill in South Africa prohibits the sale of single cigarettes (or loose cigarettes), which informal traders say could bankrupt their businesses. It also regulates other aspects of tobacco control, including public smoking, advertising, and packaging requirements. The Portfolio Committee on Health discussed the impact of the Bill on businesses earlier this week. Members have completed public hearings in all provinces and are now taking oral submissions in parliament. ALSO READ: Why is parliament dragging its feet with the Tobacco Bill? Tobacco Bill Mampapatla Madikoto, Limpopo Small, Medium Enterprises and Hawkers Association general secretary, told members of the portfolio committee that the ban on single cigarettes would cripple their operations, as many of their customers not only buy cigarettes but also other items. A clause in the Bill bans the sale of single cigarettes. If a person is found selling a 'loose' cigarette, they can be fined and/or imprisoned. He added that there are many reasons why people decide to buy single cigarettes, including a box being too expensive, or they are trying to control their smoking habit. Display of tobacco products Madikoto added that the clause will affect approximately two million informal traders, hawkers, spaza shop owners and home-based operators across the country. The proposed Control of Tobacco Products and Electronic Delivery Systems Bill aims to strengthen these measures further by introducing even stricter regulations. This includes banning the display of tobacco products at the point of sale, regulating electronic nicotine delivery systems, and potentially moving towards plain packaging. He told the members that the Bill's ban on displaying cigarettes on countertops or tables is impractical. ALSO READ: Tobacco bill won't curb smoking in the least Smoking outdoors The proposed Bill also seeks to hold traders liable if their customers are found smoking near their stalls in outdoor public places that are designated nonsmoking areas. Currently, tobacco legislation prohibits smoking in indoor public places, except for designated smoking areas that can be up to 25% of the indoor area. However, the government is considering a complete ban on smoking in indoor public places and certain outdoor public areas. The owner of the restaurant/pub, or employer, will be responsible for ensuring that the public space designated as a nonsmoking area is smoke-free. Selling online Madoda Khuzwayo, CEO and founder of SIP, told the committee that the Bill discriminates against online shopping. The Bill seeks to ban the sale and offer for sale of tobacco products online. Khuzwayo, who sells alcohol and tobacco products online, said this clause is unfair, as selling such products contributes significantly to his business. He highlighted that online retailers will not be able to list any tobacco products, while larger physical retailers are permitted to do so. ALSO READ: Pressure mounts for government to pass Tobacco Bill Underage smoking One of the reasons for the strict measures is to control underage smoking, which Khuzwayo has addressed in his business. 'When someone buys alcohol or cigarettes through our business, they will need to produce a physical identification document upon delivery, which will be captured into the system. 'But it is close to impossible for underage smoking to be prevented if children need to go into the store to make a purchase, because some look older and there will be no need to ask for proof of identity,' he added. He said the government can check online retailers' data to prove that alcohol and tobacco are not being sold to minors. Additionally, most of the websites that sell these items block minors. Khuzwayo has requested that the government consider removing the clause banning online tobacco sales. He highlighted that without the necessary amendments, the Bill risks discriminating against small and medium enterprises (SMEs), as e-commerce is many SMEs' main source of revenue. 'Without amendments, the Bill entrenches inequality, especially in townships, and excludes emerging small business players,' he said. NOW READ: Budget 3.0: Alcohol and cigarette prices will increase — here's by how much
eNCA
17-06-2025
- Health
- eNCA
E-cigarettes at a crossroads: Will SA's Tobacco Bill embrace harm-reduction?
CAPE TOWN - South Africa stands at a pivotal moment in tobacco regulation, as Parliament revisits the controversial Tobacco Products and Electronic Delivery Systems Control Bill. The proposed legislation has sparked intense debate between health experts, industry players and policymakers over whether smoke-free alternatives like e-cigarettes and heated tobacco products should be treated as tools for harm-reduction or subjected to the same strict regulations as conventional cigarettes. The bill in its current form would impose sweeping new rules, including plain olive-brown packaging for tobacco products, with graphic health warnings covering 65% of the surface; a complete ban on all tobacco advertising and promotions; restrictions to only tobacco and menthol flavours for vaping products; and prohibitions on public vaping wherever smoking is banned. Crucially, it makes no distinction between traditional cigarettes and cigarette alternatives. Philip Morris International (PMI), which manufactures the IQOS heated tobacco products, has emerged as a leading voice calling for regulatory differentiation. Supplied The company cites peer-reviewed studies showing its products release significantly fewer toxicants than traditional cigarettes. "The science is clear; these products are not risk-free, but they are a better alternative for smokers who won't quit," says PMI vice-president for Sub-Saharan Africa, Branislav Bibic. On the sidelines of the company's Technovation conference in Cape Town, Bibic said the plan was to replace cigarettes with smoke-free products. PMI director of external affairs for Southern Africa, Themba Mathebula, has been vocal about the potential consequences of the bill in its current form. He says by 'applying the same restrictions to scientifically proven reduced-risk products as we do to cigarettes, we're essentially telling smokers there's no reason to switch". PMI argues that South Africa could follow the example of countries such as the UK and Japan, where differentiated regulation has coincided with accelerated declines in smoking rates. Supplied However, health advocacy groups remain sceptical. They point to concerns about youth vaping and argue there is insufficient long-term data on the safety of e-cigarettes. Some lawmakers are also hesitant to embrace products claiming harm-reduction without a formal report from the National Economic Development and Labour Council on the science behind these alternatives. The tobacco debate comes at a critical juncture for South Africa's public health and economy. Proponents of harm-reducing products warn that treating all nicotine products equally could stifle innovation and keep safer alternatives out of reach. Critics counter that lax regulation could lead to new public health challenges. South Africa, therefore, faces a fundamental question: Will it join the growing number of countries incorporating harm-reduction into tobacco control, or will it take a more restrictive path? Whatever decision it makes will have lasting implications for millions of South African smokers and the country's public health landscape.
IOL News
11-06-2025
- Health
- IOL News
Vaping industry calls for smarter nicotine policies as smoking rates surge in South Africa
While advocating for alternatives like e-cigarettes and vaping as viable harm reduction tools, Yeo pointed to the necessity of cessation support mandated by the World Health Organization's Framework Convention on Tobacco Control (FCTC), which South Africa has yet to implement. Image: File photo The vaping industry has called for smarter nicotine policies as South Africa grapples with alarming increases in combustable tobacco smoking rates. This comes as Parliament continues to hold public consultations on the Tobacco Products and Electronic Delivery Systems Control Bill, which seeks to impose stricter product and related product processing, regulate tobacco product and advertising, and standardise the 'packaging and appearance' of tobacco and electronic delivery system products. The Tobacco Bill prohibits leaves no room for any form of display of tobacco and electronic delivery systems, including both nicotine and non-nicotine products. Delivering oral submissions to the Portfolio Committee on Health on Wednesday, Kurt Yeo from Vaping Saved My Life made a plea not only for regulated alternatives but for a complete paradigm shift in how South Africa views nicotine consumption and tobacco harm reduction. 'I stand before you today, not as an opponent of regulations but a voice for a smarter, evidence-based approach to nicotine policy in South Africa. I represent the perspectives of consumers, especially smokers looking to quit and to those who have chosen safer alternatives. They deserve access to safe alternatives, accurate information, and non-coercive public health policy,' Yeo said. 'In real terms, more people smoke, snort, and chew tobacco than two decades ago, most of whom are in low middle-income countries. I believe it's because most of the attention has been directed at supply, and not addressing the demand. 'In South Africa, smoking prevalence has surged, from 6.7 million smokers in 2012 to 11.1 million in 2021, a staggering 65.7% increase. This is not due to the lack of regulation, but rather a failure of enforcement and the lack of cessation support. We need a standard set of robust, consistent reporting tools focused on nicotine consumption.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ With a mere 0.78% of South Africans managing to quit smoking in 2021, Yeo said the current policy landscape appeared ineffective, placing undue pressure on smokers by offering little more than ultimatums. While advocating for alternatives like e-cigarettes and vaping as viable harm reduction tools, Yeo pointed to the necessity of cessation support mandated by the World Health Organization's Framework Convention on Tobacco Control (FCTC), which South Africa has yet to implement. 'We must be cautious not to criminalise addiction or alienate those trying to quit. Coercion will not achieve the results that education and support can. New evidence shows that non-combustible nicotine products carry significantly less risk. Lifetime cancer risk and toxic exposures are dramatically lower than with smoking,' Yeo said. 'We must shift from the harm-is-harm ideology to the risk continuum approach. That's what saves lives. E-cigarettes, or vapes, are significantly less harmful than combustible tobacco.' The Advertising Regulatory Board (ARB) said it has become increasingly concerned about the to-date unregulated nature of Vapour Products in South Africa, and to this end sought to address this lacuna. ARB CEO, Gail Schimmel, said they were in support of the ban in so far as it relates to traditional tobacco products such as cigarettes.
