South Africa is about to have new smoking restrictions, and you'll soon be punished or imprisoned for smoking in certain regions

The Tobacco Products and Electronic Delivery Systems Control Bill has been introduced in parliament, kicking off the process of enacting recommended improvements for smokers and the tobacco industry.

An explanatory note on the new laws was gazetted in October, with the Department of Health notifying the National Assembly that the measure will be introduced before the end of the year.

The measure was introduced on December 9, 2022, and will now be considered by the National Assembly, the National Council of Provinces, and the President for assent.

In general, the measure prohibits smoking in public spaces and outdoor areas, as stipulated by the minister, as well as adjustments to tobacco product promotion and packaging.

Regulations managing electronic nicotine delivery systems and non-nicotine delivery systems, as well as concerns related to the sector, are one of the most contentious sections of the law, which has drawn criticism from the booming vape or e-cigarette business.

The laws empower the minister to make a host of regulations:

• The distance within which smoking is prohibited from an operable window or ventilation inlet of or entrance and exit of an enclosed public place or workplace;
• The prohibition on smoking in or at an outdoor public place or workplace, or such portion of an outdoor public place or workplace, where smoking may pose a health, fire or other hazards;
• The actions that must be taken by the owner or person in control of public places to prevent smoking;
• Any sale restrictions or additional requirements to prevent access to a relevant product or a related product by children;
• Various measures to regulate and control the packaging and display of tobacco products; and
• How these regulations apply to electronic systems – vapes/e-cigarettes.

Depending on which regulation is broken, persons caught in violation of the new regulations might face a fine, a jail sentence, or both.

The jail punishments vary from 3 months for smoking where it is not permitted to 20 years for selling tobacco goods to minors.

Here are some of the most significant changes to anticipate:

No smoking areas:

The bill lays out a long list of areas that will be regarded as no-smoking zones, with violators at risk of fines or prison time. These include:

• An enclosed public place, enclosed workplace, or in or on a public conveyance;
• Any space that is within a prescribed distance from an operable window or ventilation inlet of an entrance or exit of a place where smoking is prohibited;
• Any motor vehicle or a private enclosed space when a non-smoker or a child is present;
• An enclosed common area of a multi-unit residence;
• A private dwelling or elsewhere on the premises of a multi-unit residence if smoking interferes unreasonably with the enjoyment of other persons lawfully on the premises, pursuant to the Sectional Titles Act and the Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011);
• A private dwelling, if that private dwelling is used for any commercial childcare activity, child stay, for schooling, tutoring, domestic employment or otherwise as a workplace;
• The minister may also, at their discretion, ban smoking in any prescribed outdoor public place or workplace, or such portion of an outdoor public place or workplace as may be prescribed, where smoking may pose a health, fire or other hazards; or any other place where the Minister considers it appropriate to prohibit smoking in order reduce or prevent the public’s exposure to smoking.

Owners, bosses, and domestic workers

According to the law, the owner or person in control of a public place, public transportation, workplace, or multi-unit housing may designate the entire or portion of any outdoor space as a smoking-free zone to guarantee that no smoking occurs.

This includes displaying signs and making public notification in the way prescribed.

Employers, meanwhile, must ensure that:

• Employees may object to any person smoking in the workplace in contravention of this Act without retaliation of any kind;
• Employees who do not want to be exposed to smoke at the workplace are not so exposed; and
• It is not a condition of employment, expressly or implied, that any employee is required to work in any outdoor portion of the workplace where smoking is permitted.

For the purposes of this section, a “employer” is defined as someone who engages or provides employment for another person and remunerates him or her or expressly or implicitly agrees to remunerate him or her. This implies that domestic employees are protected by this provision.

Retail and packaging

Tobacco product advertising is prohibited under the proposed legislation. While this has been the situation in media and sponsorships for some years, the new bill takes it a step farther.

With a few exceptions, no tobacco items may be seen at the point of sale, and merchants and wholesalers may only show the products at consumer request.

The legislation would also give the minister the authority to decide the exact packaging for tobacco products, including the materials used, as well as the typography and graphics shown.

Brand names and other identifiers shall be as generic or conventional as possible:

All brand elements on, inside, or attached to packaging or an individual tobacco product are prohibited unless the brand name and product name appear in a standard colour and typeface, alongside other permitted or mandatory information such as manufacturer’s details, health warnings, pictures, graphics, and images, and fiscal identification markings.

The rules also provide the minister the authority to issue regulations for the packaging and labelling of an electronic nicotine delivery system, an electronic non-nicotine delivery system, and a tobacco device, which may include standardised packaging.

Health precautions

In addition to the health warnings already placed on tobacco products, the new bill mandates that a pamphlet detailing the health consequences of consuming the substance be supplied with the product.

For both tobacco and electronic delivery systems, the packaging for a product must include a statement pertaining to either or both the adverse health, social, economic, or other harmful aspects of using the product, as well as the advantages of discontinuing or not using the product.

Only department-approved graphics and messages may be used, and warnings must cover at least 65% of each primary display area.

No delivery and a sweet taste

The proposed legislation prohibits the sale of any candy or sweets that resemble tobacco goods. These are part of a larger effort to keep these items out of the hands of youngsters.

“No person shall sell or offer to sell or supply any confectionery or toy or any item designed to resemble or has the likely effect of promoting a relevant product or related product.”

Furthermore, the regulations limit the sale and distribution of related items through online and courier service.

“No person shall sell, offer for sale, supply or distribute a relevant product or related product to a consumer through the postal services, courier services, internet or any other electronic medium, or by any other means as may be prescribed in furtherance of the objectives of the Act.”

“No person shall buy a relevant product or related product through the postal and courier services, internet or any other electronic medium, or by any other means as may be prescribed in furtherance of the objectives of the Act.”