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Tobacco Products Control Act (Summary)

This is a brief summary of the Tobacco Products Control Act. For full details of South African tobacco legislation, read the complete Tobacco Products Control Act and associated regulations available on this website.

It is illegal to smoke tobacco products in public places.

The following exceptions apply:

  1. Smoking is permitted in private dwellings, unless that dwelling is run as a commercial child care or schooling facility.
  2. Smoking is permitted in tobacco shops.
  3. Smoking is permitted in designated smoking areas (see rules below) in bars, pubs, taverns, night clubs, casinos, restaurants, hotels, guest houses, bed and breakfasts, game lodges, passenger trains, passenger ships, workplaces, and airports.


Designated smoking areas must not be larger than 25% of the floor area. They must be separated from all other areas by a solid partition, and on the entrance door must be the sign "SMOKING AREA," and the message:

SMOKING OF TOBACCO PRODUCTS IS HARMFUL TO YOUR HEALTH AND TO THE HEALTH OF CHILDREN, PREGNANT OR BREASTFEEDING WOMEN AND NON-SMOKERS. FOR HELP TO QUIT PHONE (011) 720 3145.

  • The air in the smoking area must be exhausted directly to the outside. It must not recirculate into other areas.
  • Non-smoking areas must be marked by permanent signs and the message:
  • ANY PERSON WHO FAILS TO COMPLY WITH THIS NOTICE SHALL BE PROSECUTED AND MAY BE LIABLE TO A FINE.
  • The person in control of a public place must ensure that no person smokes anywhere other than in the designated smoking area in that public place.
  • Employers must have a written policy on smoking in the workplace, and they must protect employees who do not want to be exposed to tobacco smoke in the workplace from tobacco smoke in the workplace.
  • Employees may object to tobacco smoke in the workplace without retaliation of any kind.
  • A person in control of any public place may totally prohibit smoking in that place.
  • It is illegal to advertise tobacco products or use any tobacco logos or company names to advertise any organisation, service, activity, or event.
  • The tobacco industry and tobacco retailers are not allowed to organize, promote, or fund activities.
  • All tobacco products must be sold in a package with a health warning and a listing of the quantities of each hazardous ingredient.
  • It is illegal to sell or supply tobacco products to persons under 16 years of age.
  • It is illegal to distribute tobacco products for free or sell them at a discount.
  • It is illegal to offer contests, free gifts, and cash rebates for sale of tobacco products.
  • Vending machines that sell cigarettes are only allowed in places that are inaccessible to people under 16 years of age.

 

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