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Proposed bill earns you 15 years in prison for selling cigarettes to minors

  • The South African government is gearing up to take a stauncher stance on the sale of cigarettes, particularly when it comes to minors.
  • This as the Tobacco Products and Electronic Delivery Systems Control Bill is currently before parliament.
  • Should you be caught selling cigarettes to anyone under 18, you could face as much as 15 years in jail.

Smoking in South Africa could change drastically in the coming months, as the Tobacco Products and Electronic Delivery Systems Control Bill is currently before Parliament for deliberation and voting. Should it come into effect, it would bring with it sweeping changes and harsher penalties for those deemed to infringe, such as getting as much as 15 years in prison for selling cigarettes to a minor.

The same goes for any confectionery, toy or items that resemble or promote smoking and cigarettes to minors, although the sale of sweets in that guise has existed locally for some time now. That said, the prospect of facing nearly two decades in prison for selling cigarette candy seems extreme.

Regardless, it looks like this Bill will face little opposition, despite the fact the the local tobacco industry was one of the hardest hit during the pandemic and the illicit sale of cigarettes skyrocketed as a result.

Along with selling to minors, should the Bill be passed, restaurants and businesses would need to do away with smoking areas, as indoor public spaces would need to 100 percent smoke-free. There would also be conditions for selected outdoor spaces too, under the Bill.

Other changes include a ban on selling cigarettes through vending machines, along with making packaging plain and adding graphic health warnings. Added to this would be a ban on point of sale display advertising, as well as stricter regulations on e-cigarettes or vapes.

All of this, according to government, is to better safeguard the health of our citizens.

“The long-term health effects of these products remain unclear, but if we’re going to wait as a country until we see the long-term effects, it might be too late for us to stop and many young people will be addicted to the product already,” noted Health Department’s Dr Tshimi Lynn Moeng-Mahlangu in a report from SA News.

“It’s a constitutional imperative for government to protect our citizens from the harmful effects of second-hand smoke. If you have a crèche where the owner or there are people smoking or have children in the car and adults are smoking, that alone is a problem, because it means children are exposed,” she added.

How much a push back there will be from the tobacco industry remains to be seen, but it is clear that government is placing smoking at the top of its agenda of health issues for the country.

You can download (PDF) and read the Bill in full here.

[Image – Photo by Andres Siimon on Unsplash]

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