Antismoking bill tabled
The APNU+AFC government yesterday tabled in Parliament a long-expected bill seeking to place a ban on smoking in indoor public places and disallowing the advertising of cigarettes.
Presenting it for its first reading was Minister of Public Health, Volda Lawrence.
The Tobacco Control Bill 2017 will also see pictorial and health warnings having to be placed on at least 60% of the packaging on tobacco products.
The bill seeks to ban smoking at all indoor workplaces, public transport and strictly regulates the sale of cigarettes while creating reporting requirements for manufacturers, wholesale distributors or importers. Further, penalties for various offences range as high as $9 million and a period of imprisonment.
According to the bill’s explanatory memorandum, the purpose of the legislation is to fight the tobacco epidemic by implementing the evidence-based requirements of the World Health Organisation’s Framework Convention on Tobacco Control which Guyana acceded to on 15 September, 2005.
Clause 4 of the Bill seeks to establish a National Tobacco Control Council to advise the Minister of Public Health on matters related to tobacco control. Clause 13 sets out the enforcement powers of authorised officers, who are authorised to conduct inspections, investigations or enforcement activities under the Act. Among other things, authorised officers can enter any public place, workplace, or means of public transportation to conduct any inspection or investigation at any time during business or operating hours or any other reasonable or necessary time. They also have the power to seize and detain or order the storage of any tobacco product that they reasonably believe does not comply with the Act.
Persons would also be prohibited from smoking in any area within five metres from a window or doorway to any indoor public place or workplace; anywhere on the premises of and within five metres from the boundaries of any health care, educational and child care facilities; and in any waiting area or queue, including but not limited to public transport stops, bus stands and bus parks.
Smoking would also not be allowed at parks, playgrounds and amusement parks; a stadium, arena, or any kind of sports or performance space; any designated site of historic or national significance; a space for the service or consumption of food or drink; and any other outdoor space specified in regulations. Any person who smokes in a place where smoking is prohibited can be fined $10,000 for the first offence and $20,000 for the second offence.
Clause 17 seeks to set out the duties of the person responsible for public transport or place where smoking is prohibited to enforce the ban on smoking in public places. A person can be fined $400,000 and jailed for six months if he/she contravened the provisions of this section.
Clause 19 seeks to monitor compliance with the ban on tobacco advertising, promotion and sponsorship by placing a duty on the tobacco industry to report tobacco advertising, promotion and sponsorship activity.
The bill says that for the purpose of compliance monitoring under this part, manufacturers, wholesale distributors and importers shall provide to the minister in the time and manner prescribed by regulations, a report on any tobacco advertising, promotion and sponsorship or advertising, promotion and sponsorship of electronic nicotine delivery systems undertaken during the reporting period.
Those who refuse to submit a report can be fined $2 million and jailed for six months upon conviction.