Tobacco sellers face N$500k fine or jail under proposed law

PROPOSED amendments to the Tobacco Products Control Act could see offenders facing fines of up to N$500 000, stricter smoking bans, and tighter e-cigarette regulations.

Some offences even carry a possible 10-year prison sentence for tobacco sellers.

The proposal was presented yesterday by Gabriel Joseph, the deputy director of health in the Public and Environmental Health Division, during a public consultation on amendments to the Tobacco Products Control Act of 2010 in Windhoek.

“The bill proposes fines of up to N$500 000 for several offences, including tobacco advertising, promotion and sponsorship, the sale of tobacco products to minors, vending-machine sales and dealing in prohibited new and emerging tobacco and nicotine products,” he said.

Joseph said although advertising is prohibited by the current Tobbaco Products Control Act, the penalty for the offence is a fine not exceeding N$200 000 or imprisonment for a period not exceeding 10 years, or both.

“The issue of online promotion and advertisement is not clearly covered in the current one, hence the re-emphasising in the amendments,” he said.

The proposed amendments also introduce tighter restrictions on where people may smoke.

“Smoking would be prohibited in indoor, enclosed or partially enclosed public places, workplaces and public conveyances,” he said.

The restrictions would also extend to outdoor areas within 50m of the boundary of a healthcare facility, educational institution, childcare facility, public transport terminal or any other place providing services primarily to children.

“Smoking would be prohibited within 50m of a window, doorway, entrance, exit or ventilation intake of a public place or workplace,” Joseph said.

The same restriction would apply within 50m of waiting areas, queues and places where food or drinks are served or consumed.

The proposed law states that areas where smoking is prohibited must be completely smoke-free, with no indoor designated smoking areas allowed.

“Ventilation, air filtration, physical separation or any other engineering measure would not constitute compliance with the smoking restrictions.

“A person who smokes in contravention of the proposed restrictions could, upon conviction, face a fine of up to N$5 000, imprisonment for up to one month, or both,” he said.

Owners or people in charge of premises who fail to enforce the requirements could face a fine of up to N$60 000, imprisonment for up to three years, or both.

“They would be required to take reasonable steps to prevent smoking, display prescribed smoke-free signs and remove ashtrays or other items that encourage or suggest that smoking is permitted,” he said.

“If the person refuses, the owner or person in charge would have to ask the person to leave the premises or disembark from the public conveyance.

“Employers would also have new responsibilities under the proposed law, including ensuring employees are not exposed to tobacco smoke in the workplace,” he said. Employees would be able to object to smoking or report a contravention “without retaliation”.

According to the new bill, employers or other people who contravene these provisions could face a fine of up to N$100 000, imprisonment for up to five years, or both. The bill further proposes stricter consequences for licensed premises that repeatedly violate smoking restrictions.

Beyond smoking restrictions, the bill proposes a broad ban on tobacco advertising, promotion and sponsorship through electronic and digital media, social media and mobile applications.

“Tobacco products may also not be displayed or made visible for sale, except momentarily during a sales transaction,” he said.

‘LOS DIE TJOEF’

Namibia National Students Organisation (Nanso) spokesperson Ndayola Mulongeni says there is a need for the proposed law to clearly regulate e-cigarettes – particularly to prevent young people from accessing them.

She says the organisation has encountered concerns among students that pointed to problems surrounding the use and availability of e-cigarettes.

“There is something deeply problematic about the environment we have regarding e-cigarettes in our country,” Mulongeni says.

She says Nanso runs a campaign called ‘Los die Tjoef’, which advocates for clearer regulation of e-cigarettes.

Mulongeni says unclear legislation has made it difficult to advocate against e-cigarette use in schools and communities.

“It’s hard for us to advocate to keep them out of our schools and our communities and from our children if the law is not clear on what it says on e-cigarettes,” she says.

The spokesperson calls for laws that would specifically prohibit children from accessing e-cigarettes.

“We really just want to make sure the laws we make here today ensure that young people don’t have access to e-cigarettes,” Mulongeni says.

She says the focus should be on preventing children from gaining access to e-cigarettes through clear legislation.

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