National Tobacco Control Act and enforcement strategies Dr.Rajive K. Dikshit MD,FCCM,MPH MO I/C Department of health & Family Welfare Uttarakhand
TOBACCO CONTROL ACT, 2003 Cigarettes and Other tobacco products(Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
SCOPE OF THE ACT The Act is applicable to all products containing tobacco in any form i.e. cigarettes, cigars, cheroots, bidis, gutka, pan masala (containing tobacco) khaini, mawa, mishri, snuff etc. as detailed in the schedule to the Act. The Act extends to whole of India.
MAIN PROVISIONS OF THE ACT Prohibition of smoking in public places. Prohibition of advertisement, sponsorship and promotion of tobacco products. Prohibition of sale of tobacco products to minors. Prohibition of sale of tobacco products near educational institutions. Display of pictorial health warning on tobacco products packs. Regulation of tar and nicotine contents of tobacco products.
Prohibition on smoking in public placesSection 4 of Tobacco Control Act, 2003 provides; Smoking in all “public places” is prohibited. A “public place” means any place to which the public haveaccess, whether as of right or not, and includes auditorium,hospital buildings, railway waiting room, amusement centers,restaurants, public offices, court buildings, educationalinstitutions, libraries, public conveyances and like which arevisited by general public but does not include any open space. Creation of smoking areas – In restaurants, hotels and airportssmoking areas are to be physically segregated in such a mannerthat the air from these areas does not circulate to the non-smoking areas. Display of prominent non smoking signs is mandatory at allpublic places.
Notification of New Rules on Ban on Smoking in Public Places Rules on ban on smoking in public places notified vide G.S.R. 417(E) dated 30th May, 2008. These Rules cover all public places including workplaces, refreshment rooms, banquet halls, discotheques, canteen, coffee house, pubs, clubs, Hookah bars, bars, shopping malls and cinema halls, airport lounge, and the like. Impose liability on the person incharge of a Public Place to ensure that the public place under his jurisdiction is a smoke free place.
Notification of New Rules on Ban on Smoking in Public Places Give detailed technical specifications of the defined smoking area/place. A list of authorized persons to act and compound offences relating to public smoking. Boards containing the warning “No Smoking Area- Smoking Here is an Offence” to be displayed prominently at the entrance of public places. These Rules came into force on 2nd October, 2008
Prohibition of advertisement, promotion and sponsorship of all tobacco productsSection 5 of Tobacco Control Act, 2003 provides : Both direct & indirect advertisement of tobacco products prohibited in all forms of audio, visual and print media Total ban on sponsoring of any sport and cultural events by cigarette and other tobacco product companies No trade mark or brand name of cigarettes or any tobacco product to be promoted in exchange for sponsorship, gift, prize or scholarship No person, under contract or otherwise, to promote or agree to promote any tobacco product.
Amendment Rules for Section 5The rules relating to prohibition of advertisement, sponsorship and promotion of tobacco products were amended and notified on 31st May 2005, further amended in October 2006.
Amendment rules notified in 2005 Ban on sale of tobacco products through vending machines Ban on sale of tobacco products by minors Restrictions on the content, size and number of point of sale of advertisements Ban on visible stacking of tobacco products at the point of sale to prevent easy access to minors To prevent brand sharing and surrogate advertising of tobacco products; ‘indirect advertising’ has been comprehensively defined.
Amendment rules………contd. Ban on display of tobacco products or their use in movies or television Health warning to be placed as a prominent bottom scroll in cinema and television programmes, which have been produced prior to this notification Ban on display of names / logos of tobacco brands in any manner during media coverage of international events sponsored by tobacco manufacturers.
Prohibition on Sale to Minors Section 6 (a) of Tobacco Control Act, 2003 provides; Sale of tobacco products to persons under the age of 18 is prohibited. The seller should ensure that the person who is buying the tobacco product is not a minor. A display board to be put up at the point of sale declaring that “sale of Sale of cigarettes & other tobacco products to minors is tobacco products to minors is prohibited prohibited”.
Prohibition on sale of tobacco products near educational institutionsSection 6 (b) of Tobacco Control Act, 2003 provides;In order to restrict access of youth for tobacco products, the sale of the same is prohibited in an area within radius of 100 yards of any educational institution.A display board to be put up outside the educational institutions declaring the same. Students displaying boards in their schools prohibiting sale of tobacco products within the 100 yards of educational institutions in Delhi
Health warnings on tobacco products packs Section 7 of Tobacco Control Act, 2003 provides; All tobacco product packages to carry prominent and legible health warnings. These warning shall also be pictorial in nature. The warnings will given in the same language as given on the pack. All imported tobacco products should also carry the specified warnings.
PROVISIONS TO BE IMPLEMENTED…….. Provisions related to display of pictorial health warning on tobacco products packs have been notified on 15 March 2008 and will be implemented w. e. f. 31st May, 2009. The rules related to “Regulation of tar and nicotine contents of tobacco products” will be notified once laboratory capacity is built to test the tar and nicotine contents.
Enforcement agencies and mechanisms Any police officer, not below the rank of Sub-Inspector Any officer of State Food or Drug Administration Any other officer, holding the equivalent rank being not below the rank of Sub-Inspector of Police- Any other Official as authorized by the Central/State Governments.
Action to be taken at state level Notify authorized officers for the effective implementation of the various provisions of the Act in the State/UT Establish dedicated State Tobacco Control Cells. Give wider publicity in print and electronic media for the provisions of the Act. Setting up of Steering/Monitoring Committee at State/District level. Establish a mechanism /system for reporting violations at state level e.g. Quit line/Helpline
Action to be taken at state level Display Act and Rules on the official web-site. Develop effective mechanisms for enforcement and monitoring of the provisions of the Act by: • reporting violations of any provisions of the Act by general public/civil society and taking immediate action on such reporting; • conducting regular raids in public places to prevent smoking in public places; • ensuring that the “No sale to minors” , “No smoking in public places” and “No sale around educational institutions” boards are duly installed; • ensuring removal/confiscation of hoardings and other material which amount to advertisement of tobacco products etc,.
Section - 4‘Prohibition on smoking in public places’
List of authorized officers as per notification of new rules on ban on smoking in Public PlacesSI.No. Person Authorized to take action Description of1. Inspectors of Central Excise/Income-tax Customs/Sales Tax/Health/Transport All Public Places within their and above jurisdiction2. Station master/Asstt. Station Master/Station Head/Station incharge Railways and all its premises3. All Gazetted Officers of State/Central Government or equivalent rank and above Government offices/premises in Autonomous Organizations/PSU and offices of the autonomous bodies and corporations4. Director/Medical Superintendent/Hospital Administrator Government and5. Post master and above Respective post Office in their jurisdiction6. Head of the Institution/HR Manager/Head of administration Private Offices/Workplaces7. College/School/Headmaster Principal/Teacher Respective Educational Institutions8. Librarian/Asstt. Librarian/Library incharge/other administrative staff in library. Libraries/Reading Rooms9. Airport Manager/Officers of Airport Authority of India and Officers of all Airports schedule Airlines10. Director Public Health/Director Health Services All Public Places11. In charge administration in Central/State Government All Public Places12. Nodal Officers/Focal Points of Anti-Tobacco Cell at District and State level All Public Places
STEP by STEP Approach Display boards as per specifications in non smoking areas. Notify and display the name of a person to whom a complaint may be made, in case someone is found violating the law. Train and inform the persons within the institutions responsible for implementing the act, including their duties, responsibilities under the law. The consequence of non- compliance is clearly spelt out. Also, train the enforcers about the mechanism of issuing challan /compounding of offences and imposing fine. Educate the staff about the provisions of the smoke-free rules. Constitute a core group/task force for regular monitoring, surprise checks to and ensure monitoring & compliance. The funds collected by compounding the offence may be deposited in the account as specified by the department of Health
Models of channelising the funds : MODEL - 1 Create a separate head of account as has been done by Delhi / Gujarat Government under the department of Health in which the fine collected by various agencies/officers are deposited. This will enable Deptt. of Health to use the fund for tobacco control activities. The head under which the fine is to be credited may be indicated at the bottom of the receipt itself.
Models of channelising the funds : MODEL - 2 The fine collected by various agencies may be deposited to a miscellaneous account of department of Health. In case the states have a separate account for National Tobacco Control Programme in the Health Society, the funds may be deposited in this account.
Section - 5 Prohibition of advertisement,promotion and sponsorship of all tobacco products
Prohibition of advertisement, promotion and sponsorship of all tobacco products Steering Committee for monitoring theviolations under Section 5 of the Tobacco ControlAct, 2003 was constituted with representativesfrom various stakeholders ministries and civilsociety and the Secretary (Health) as itsChairman.
Secretary, Mo H & FW : CHAIRMAN.Members of the committee: • Shri Sachin Pilot, MP JS, Min of I & B, GOI. JS Min of Law & Justice, GOI. JS Dept of Consumer Affairs, GOI. Director General, DAVP, GOI. Director General PIB. Rep from Advertising Standard Council of India (ASCI). Rep of Press Council of India. NGO’s Ms. Shoba John, PATH Canada. Monika Arora, HRIDAY, New Delhi Shri R Arul, Pasumai Thaayagam, Chennai. Shri Alok Mukhopadhyay, VHAI, New Delhi.
Steering Committee decisionsA meeting of the Committee was held on 21st Feb 2008 and following decisions were taken: Matter related to violation of section – 5 to be taken up with Controller General, Patents Design & Trademark for follow up and appropriate action State/Dist level Steering/Monitoring Committees to be constituted. Online system of reporting violations on the MoHFW website being established. Director PH is the Nodal Person for follow-up action of the violations reported. (email@example.com) A dedicated awareness campaign regarding the committees to be launched. All the specific cases being referred to states for follow-up action.
Constitution of State & District level committeesMembers of the committee at State levelSecretary, Health & Family Welfare ChairmanState Focal Point Member SecretaryRep of Dte GHS MemberRepresentative of the DG of the State Police MemberRepresentative of a leading NGO working in Memberthe field of Health/Tobacco Control (to benominated by Health SecretaryAcademician /Psychologist /Sociologist (one Membereach to be nominated by Secretary -H)
Partnering together to fulfill the vision of a healthy, tobacco free world