Effective implementation of tobacco prevention in india translating who’s

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  • Minsitry of Health and Family Welfare,Govt. of India.19 th may,2003.

Transcript

  • 1. Effective Implementation of Tobacco Prevention In India-Translating WHO’s MPOWER policy to practice. Dr.Srinivas Ramaka.
  • 2. The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply &Distribution) Act,2003.
  • 3. The COTP Act.
    • 1.An act to prohibit the advertisement of, and to
    • provide for the regulation of trade& commerce
    • in, and production, supply &distribution of
    • cigarette &other tobacco products& for matters
    • connected therewith or incidental thereto.
  • 4. Introduction
    • This act was passed following the resolution of the 39 th WHO ‘s 14 th plenary meet on
    • 15 th May, ,1986 urging the member states to implement the measures to ensure that effective protection is provided to non-smokers from involuntary exposure to tobacco smoke and to protect children and young people from being addicted to the use of tobacco.
  • 5.
    • The 43 rd World health Assembly in its 14 th plenary meet held on 17 th May,1990 urged the member states to consider in their tobacco control strategies plans for legislation and other effective measures for protecting their citizens with special attention to risk groups such as pregnant women and children from involuntary exposure to tobacco smoke, discourage the use of tobacco and impose progressive restrictions and take concerted action to eventually eliiminate all direct and indirect advertising, promotion and sponsorship concerning tobacco .
  • 6.
    • Enacting a comprehensive law on tobacco in the public interest and to protect the public health.
    • To prohibit the consumption of cigarettes and other tobacco products which are injurious to health with a view to achieve improvement of public health in general as enjoined by article 47 of the Constitution.
  • 7.
    • 1.The Act called the Cigarettes and Other Tobacco Products Act,2003
    • Extends to the whole of India and
    • Comes into force on such date as the Central
    • Govt. gives notification and different dates may be appointed for different provisions of the Act.
    • 2.Declared that it is expedient in the public interest that the Union should take under its control the tobacco industry.
    Short title, extent and commencement
  • 8. Section 3
    • Defines the various terms as per the Act—
    • Advertisement, cigarette, distribution, export, foreign language, import,
    • Indian language, label, package, prescribed, production.,
    • Public place, sale, smoking, specified warning, tobacco products.
  • 9. Public place-Any place to which the public have access.
    • Auditorium.
    • Hospital buildings
    • Railway waiting rooms.
    • Amusement centres
    • Restaurents .
    • Public offices.
    • Court buildings.
    • Workplaces, shopping malls, cinema halls.
    • Educational institutions.
    • Libraries
    • Public conveyances &the like which are visited by general public, but does not include any open space.
    • Refreshment rooms, banquet halls, discotheques, canteen,
    • coffee house, pubs, bars,airport lounge.
  • 10. Specified warning
    • Means such warnings against the use of cigarettes or other tobacco products to be printed, painted or inscribed on packages of cigarettes or other tobacco products in such form and manner as may be prescribed by rules made under this Act.
  • 11.
    • 4.No person should smoke in any public place.
    • Provided in a hotel having thirty rooms or a
    • restaurent with a seating capacity of 30 persons or more and in the airports, a separate provision for smoking area or space may be made.
    • Whoever contravenes this shall be punishable with fine extending to 200 rupees.
  • 12.
    • 5.(1)No person engaged in ,or purported to be engaged in the production ,supply or distribution of cigarettes or any other tobacco products shall advertise and no person having control over a medium shall cause to be advertised cigarettes or any other tobacco products through that medium and no person shall take part in any advertisement which directly or indirectly suggests or promotes the use or consumption of cigarettes or any other tobacco products.
  • 13.
    • (2)No person ,for any direct or indirect pecuniary benefit shall
    • (a) display, cause to display,or permit or authorise to display any advertisement of cigarettes or any other tobacco product, or
    • (b)sell,or cause to sell,or permit or authorise to sell a film or video tape containing advertisement of cigarettes or any other tobacco product,or
    • .
  • 14.
    • ( c)distribute,cause to distribute,or permit or authorise to distribute to the public any leaflet,handbill or document which is or which contains an advertisement of cigarettes or any other tobacco product ,or
    • (d) erect,exhibit,fix or retain upon or over any land,building,wall,hoarding,frame,post or structure or upon any vehicle or shall display in any manner whatsoever in any place any advertisement of cigarettes or any other tobacco product.
  • 15.
    • 3.No person ,shall under a contract or otherwise promote or agree to promote the use or consumption of—
    • (a)cigarette or any other tobacco product.
    • (b)any trademark or brand name of cigarettes or any other tobacco product in exchange for a sponsorship,gift,prize or scholarship given or agreed to be given by another person.
  • 16. Prohibition on sale of cigarette or other tobacco product to a person <18 yrs and in a particular area.
    • 6.no person shall sell, offer for sale ,or permit sale of, cigarette or any other tobacco product –
    • (a) to any person who is under 18 years of age, and
    • (b) in area within a radius of 100 yards of any educational institution.
  • 17. Restriction on trade and commerce , production,supply and distribution
    • 7.(1)No person shall ,directly or indirectly ,produce,supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced,supplied or distributed by him bears thereon,or on its label,the specified warning including a pictorial description of skull and crossbones and such warning as may be prescribed.
  • 18.
    • (2 )No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold ,supplied or distributed by him bears thereon ,or on its label ,the specified warning.
    • (3)No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco products so imported by him bears thereon,or on its label, the specified warning.
  • 19.
    • (4) the specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration.
    • (5)No person shall ,directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products produced ,supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the max. permissible limits therof.
  • 20. 8.Manner in which Specified warning shall be made.
    • Legible,prominent,conspicuous as to size and colour.,clearly presented ,in a colour contrasting with the background of the package.
    • Specified warning should be visible to the consumer.
  • 21.
    • Language used on the package-
    • English—the specified warning shall be in English.
    • Any Indian language, the specified warning shall be in that language.
    • No package of cigarette or any other tobacco products or its label shall contain any matter or statement which is inconsistent with, or detracts from the specified warning.
    9.Language in which the specified warning shall be expressed.
  • 22.
    • 10.Size of letters and figures The size and height of letters should be as prescribed.
    • 11.Testing laboratory for nicotine and tar contents--the Central govt. shall grant recognition to the testing laboratory to test the nicotine and tar contents in cigarettes and any other tobacco products.
  • 23.
    • 12.Any police officer ,not below the rank of a sub-inspector or any officer of State Food or Drug Administration or any other officer, holding the equivalent rank being not below the rank of Sub-inspector of police, authorised by the Central Government or by the State government may conduct search any factory, building, business premises concerned with sale or advertisement of tobacco.
    Power of entry and search
  • 24.
    • 13.Any such officer has any reason to believe that the provisions of the Act have been ,or are being contravened he may seize such package or advertisement material in the manner prescribed.
    • This cannot be retained for a period exceeding 90 days from the date of seizure unless the District Judge gives approval.
    Power to seize
  • 25.
    • Confiscation of package-14.Any package of cigarettes or any other tobacco products or any advertisement material of cigarettes or any other tobacco products, in contravention of the provisions of the Act can be confiscated.
    • Power to give option to pay costs in lieu of confiscation.15.The court gives to the owner an option to pay the costs which shall be equal to the value of the goods confiscated.
  • 26.
    • 16.Confiscation not to interfere with other punishments..No confiscation made, costs ordered to be paid under this Act shall prevent the infliction of punishment as per law.
    • 17.Adjudication--Any confiscation of cigarettes or any other tobacco products may be adjudged or costs ordered to be paid—by the principal civil court.
    • 18Giving oppurtunity to the owner of seized packages--No such order shall be made unless a notice has been given in writing informing him of the grounds of confiscation.
    • 19.the person aggrieved may prefer an appeal to the court.
  • 27. 20.Punishment for failure to give specified warning and nicotine and tar contents.
    • (1)Any person who produces or manufactures cigarettes without the prescribed specific warning
    • (a)in the case of first conviction ,with imprisonment for a term extending to two yrs. Or with fine extending to 5000 rupees or with both,and
    • In the case of second or subsequent conviction with imprisonment for a term extending to 5 yrs. And with fine extending to 5000 rupees.
  • 28.
    • (2)Any person who sells or distributes cigarettes or tobacco products which do not contain either on the package or on their label,the specified warning and the nicotine and tar contents shall in the case of first conviction be punishable with imprisonment for a term,which may extend to one year ,or with fine which may extend to 1000 rupees ,or with both,and for the second or subsequent conviction ,with imprisonment for a term which may extend to 2 yrs and with fine upto 3000 rupees.
  • 29.
    • 21.Punishment for smoking in certain places--whoever contravenes section 4 shall be punishable with fine upto 200 rupees.
    • 22.Punishment for advertisement of cigarettes and other tobacco products--whoever contravenes
    • section 5 shall be punishable
    • (a) in the case of first conviction,with imprisonment for a term extending to 2 yrs or with a fine of 1000 Rs,or both
    • And in the case of second or subsequent conviction with imprisonment for 5 yrs. And fine upto 5000 Rs.
  • 30.
    • 23.Forfeiture of advertisement and advertisement material.In contravention of the Act,the advertisement and the advertisement material may be forfeited to the Government and may be disposed of in the manner prescribed.
    • 24.Punishment for sale at certain places and to those < 18 yrs.-- any person who contravenes the provisions of section 6 shall be punishable with fine upto 200 Rs.
  • 31.
    • 25.Prevention,detention and place of trial of offences under section 4 and 6--the Central or state government may authorise one or more persons to act under this Act.
    • Provided that the person authorised may,if he has reasonable ground for believing that nay person has committed an offence under section 4 or section 6,may detain such person unless the accused person furnishes his name and address,and otherwise satisfies the officer detaining him that he will duly answer any summons or other proceedings which may be taken against him.
  • 32.
    • 26.offences by companies—the company incharge is liable to be proceeded against.
    • 27.offences to be bailable--.an offence punishable under this Act shall be bailable.
    • 28.composition of offences—for an amount not exceeding 200 rs.
    • 29.protection of action taken in good faith-no suit or legal proceeding against any officer under this Act.
  • 33.
    • 30.Power to add any tobacco products in the schedule-the central govt. gives notification reg. the advertisements.
    • 31.the central govt.has the power to make rules to carry out the provisions of this Act.
    • 32.Nothing contained in this Act shall apply to any cigarette or any other tobacco product which is exported.
    • 33.Repeal and savings--the cigarettes act of 1975 is repealed.
  • 34. Tobacco products as per schedule
    • 1.Cigarettes.
    • 2.Cigars
    • 3.Cheroots..
    • 4.Beedis
    • 5.Cigarette tobacco, pipe tobacco, and hookah tobacco.
    • 6.Chewing tobacco.
    • 7.Snuff
    • 8.Pan masala or any chewing material having tobacco as one of its ingredients(by whatever name called).
    • 9.Gutka.
    • 10.Toothpowder containing tobacco.
  • 35. Prohibition of smoking in a public place
    • The owner ,propreitor,manager/supervisor or in charge of the affairs of public place shall ensure that no person smokes in the public place(under his jurisdiction)
    • The board as specified shall be displayed.
    • The owner or manager of a public place shall display a board of a minimum size 60x30 cm.one at the entrance and one at conspicuous place(s) inside ,containing the warning—No Smoking Area—Smoking here is an Offence.
  • 36.
    • No ashtrays, matches,lighters or other things designed to facilitate smoking are provided in the public place.
    • The owner shall display the name of the person(s) to whom a complaint may be made by a person(s) who observes any person violating the provision of these Rules.
    • If the owner fails to act on report of such violation,he shall be liable to pay fine equivalent to the number of individual offences.
  • 37. Prohibition of smoking in a public place
    • Board shall be of a minimum size of 60x30 cm.
    • It contains a circle of no less than 15 cm. outer diameter with a red perimeter of no less than 3 cm. wide with a picture ,in the centre, of a cigarette or beedi with black smoke and crossed by a red band.
    • The width of the red band across the cigarette shall equal the width of the red perimeter.
    • The board shall contain the warning “No Smoking Area-Smoking Here is an Offence” in English or one Indian language.
  • 38. Hotels,Restaurents and Airports.
    • The owner or manager or in charge of the affairs of a hotel having thirty rooms or restaurent having seating capacity of 30 persons or more and the manager of the airport shall ensure that—
    • The smoking and nonsmoking areas are physically segregated.
    • The smoking area is located such that the public is not required to pass through it in order to reach the non-smoking area.
    • Each area shall contain boards indicating thereon”Smoking Area/Nonsmoking Area”.
  • 39. Smoking area or space
    • Smoking area shall not be established at the entrance or exit of the hotel and shall be distinctively marked as “Smoking Area” in English and one Indian language.
    • A smoking area shall be used only for smoking purpose and no other services shall be allowed.
    • Rooms marked as “Smoking rooms”in English and one Indian language.
    • Should form a separate section in the same floor or wing.
    • The smoke from such room shall be ventilated outside and does not infiltrate /permeate into the non-smoking areas of the hotel. Including lobbies and corridors.
  • 40.
    • Exhausted directly to the outside and not mixed back into the supply air for other parts of the building.and
    • It is fitted with a non-circulating exhaust ventilation system or an air cleaning system,or by a combination of the two ,to ensure that the air discharges only in a manner that does not re-circulate or transfer it from a smoking area or space to non-smoking areas.
  • 41. Smoking area or space
    • Is physically separated and surrounded by full height walls on all four sides.
    • Has an entrance with an automatically closing door normally kept in closing position.
    • Has an airflow system.
    • Has negative air pressure in comparison with the remainder of the building.
  • 42. Prohibition of advertisement of cigarette and other tobacco products.
    • The size of the board used for advertisement for cigarettes or other tobacco products shall not exceed 60x 45 cm.and no.shall not exceed two.
    • Each board shall have one of the following warnings on the top edge of the board, measuring 20 cmx 15 cm.namely—
    • Tobacco Causes Cancer, or
    • Tobacco Kills.
    • Must be prominent,legible and in black colour with a white background.
    • The board shall only list the type of tobacco product,without the brand name or any other promotional picture.board should not be backlit or illuminated in any manner.
  • 43.
    • The owner of the shop shall not display tobacco products in away that they are visible so as to prevent easy access to persons below 18 yrs.
  • 44.
    • No individual or a person or a character in cinema and television programs shall display tobacco products or their use.
    • The owner or manager of the cinema hall or theatre where the film is being screened shall ensure that anti-tobacco health spots of minimum 30 secs. duration in e screened at the beginning,middle and end of the said film.in the same language as the film.
  • 45.
    • In case of old television programs,it shall be mandatory for the broadcaster to ensure either placement of an anti-tobacco health warning as a prominent scroll at the bottom of the television screen during the period of such display or airing of anti-tobacco health spots for a period of minimum 30 seconds during the telecast of each television program of 30 min. duration or less.
  • 46.
    • In case the television program is more than 30 min. further airtime of 30 secs. Shall be allocated for each incremental 30 min. ,for telecasting anti-tobacco spots.
    • The minimum duration of each anti-tobacco spot shall be not less than 15 secs.
    • The anti-tobacco health warning scroll shall be legible and readable with font in black colour on white background with the warnings”smoking causes cancery
  • 47. Prohibition of sale to minors.
    • 6.no person shall sell, offer for sale, or permit sale of , cigarette or any other tobacco product-
    • (a) to any person who is under 18 yrs. of age, and
    • (b)in an area within a radius of 100 yards of any educational institution.
    • Any person who contravenes this shall be punishable with fine extending to 200 rupees.
  • 48. Prohibition of sale of cigarette and other tobacco products around educational institutions
    • 1.Display of Board---the owner or manager or any person in-charge of affairs of the educational institution shall display and exhibit a board at conspicuous places outside the premises prominently stating that the sale of cigarttes and other tobacco products in an area witin a radius of 100 yards of the educational institution is strictly prohibited. And that it is afine punishable with he fine which may extend to Rs.200.
    • Distance of 100 yards shall be measured radially starting from the outer boundary wall ,fence of the educational institution.
  • 49. Prohibition of sale to minors.
    • The owner or the manager shall display a board of min. 60x30 cm.at conspicuous places containing the warning”Sale of tobacco products to a person under the age of 18 yrs. is a punishable offence”.
    • The onus of proof that the buyer of the toabcco product is not a minor lies with the seller of the tobacco products.
  • 50. Packaging and Labelling Rules
    • Manner of packing and labelling—Every person engaged directly or indirectly in the production,supply,import or distribution of cigarette or any other tobacco product shall ensure that
    • (a)every package of cigarette or other tobacco product shall have the specified health warning as specified.
    • (b)the specified health warnings occupy at least 40 % of the principal display area of the pack and shall be positioned parallel to the top edge of the package and in the same direction as the information on the principal display area.
    • .
  • 51.
    • (c ) none of the elements of the specified warning are severed,covered or hidden in any manner when the package is sealed or opened.
    • (d)no messages that directly or indirectly promote a pecific tobacco brand or tobacco usage in general are inscribed on the tobacco product package.
    • (e)no product shall be sold unless the package contains the specified health warning.
  • 52.
    • (f)the specified warnings shall be inscribed in the language used on the pack-provided that not more than 2 languages are used,so as to ensure that the specified warning. Is legible and prominent.
    • (g)no tobacco product package or label shall contain any information that is false,misleading,or deceptive,or that is likely or intended to create an erroneous impression about the characteristics,health effects or health or other hazards of the tobacco product or its emissions.
    • .
  • 53.
    • Prohibition on obscuring,masking,altering,or detracting from the specified health Warnings—No person shall sell or supply any product ,device or other thing that is intended to be used,or that can be used,to cover,obscure,mask,alter,or otherwise detract from the display of specified health warning on the tobacco product package.
  • 54. Rotation of specified health warnings.
    • The specified health warnings on tobacco packsshall be rotated every 12 months from the date of notification of the rules or earlier as specified by the Central Government.
  • 55. Specified warning
    • 7.No person shall directly or indirectly ,produce,supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced,supplied or distributed by him,bears thereon,or on its label,the specified warning including a pictorial depiction of such warning.
    • Nicotine and tar contents and the maximum permissible limits to be indicated.
  • 56. Components of specified health warning
    • (1)Health Warning-Smoking Kills—on smoking forms of tobacco products
    • Tobacco Kills—on smokeless /chewing and other forms of tobacco products shall appear in white font colour on a red background consisting of 1005 nagenta +100% yellow.
    • (20Pictorial representation of the ill-effects of tobacco use shall be placed below the health warning.
    • (3)Health message--Every specified health warning shall include the health message in black font on a white background.
  • 57.
    • Size of the specified health warning—(1)the size of the health warning on each panel of the tobacco pack shall ensure that the warning is legible and prominent.
    • (2)The size of all components of the specified health warning shall be increased proportionally according to increase of the package size to ensure that the specified health warning occupies 40 5 of the principal display area of the pack.
  • 58.
    • 4.Language-Each health warning and health message has been specified in English and regional languages.
    • 5.Printing-while printing,it must be ensured that the colour,intensity and clarity of all the components of the specified health warning are not tampered with.
  • 59. Specified health warnings
    • 1.For smoking forms of tobacco packs—
    • smoking causes cancer
    • .For chewing /smokeless forms of tobacco packages:-
    • Tobacco causes cancer
  • 60.
    • Minimum size of the specified health warning on each panel of the tobacco pack shall be 3.5 cmx 4 cm.
    • The specified health warning occupies 40 % of the principal display area of the pack.
  • 61.
    • Any person who sells or distributes cigarettes or tobacco products which do not contain either on the package or on their label,the specified warning and the nicotine and tar contents shall in the case of first conviction be punishable with imprisonment for a term extending to 1 yr,or fine of Rs.1000. or both and for the second or subsequent conviction with imprisonment for a term upto 2 yrs, and with fine extending upto Rs.3000
  • 62.
    • No individual or a person or a character in cinema and television programs shall display tobacco products or their use.
    • The producer or distributor of the film should include anti-tobacco health spots of minimum 30 secs. duration in the master print,to be screend at the beginning,middle and end of the said film.in the same language as the film.
    • Minimum duration of 15 secs.
    • Brand names to be masked.
  • 63. Steering committee to take action of against violation of section 5.
    • Chairman—Union Health Secretary.
    • Joint secretary- .Ministry of Information and Broadcasting.
    • Joint secretary-Ministry of Law and Justice.
    • Joint secretary—dept. of consumer affairs.
    • Director general,directorate of audiovisual publiciy.
    • Director general-press information bureau.,new Delhi.
    • Representative of Advertising Standards Council of India.
    • Representative of Press Council of India.
    • Mrs.Shobha JainPATH CANADA,Mumbai.
  • 64.
    • Ms.Monika Arora,HRIDAY,NEW DELHI.
    • SHRI.ARUL ,PASUMAI.THAYAGAM,CHENNAI.
    • HEMANT GOSWAMI,burning brain society.chandigarh.
    • Dr.N.Chidambaram,prof. of Medicine.Rajah Muthaiah medical college,Annamalai University.
    • Dr.P.C..Gupta,Healis Sekh Sarai Institue of Public Health,navi mumbai.
    • Sri.R.D.Poddar.Voluntary Health Aassociation of India.
    • Joint secretary public health.
    • Members of Parliament.
    • .
  • 65. Persons authorised to impose and collect fine against the violation of section 4.
    • Inspectors of Central Excise/Income-tax customs/Sales Tax/Health/Transport and above
    • Station masters /Asst.Station masters/station head/station incharge
    • All Gazetted officers of State /Central Government or equivalent rank and above in autonomous organizations/PSU.
    • all public places under their jurisdiction
    • railways and its premises.
    • Govt. offices/premises and offices of the autonomous bodies and corporations.
  • 66.
    • Director/medical superintendent/hospital administrator.
    • Postmaster and above respective postoffice in their jurisdiction.
    • Head of the Institution/HR manager/Head of Administration .
    • College/school/Headmaster /Principal/Teacher
    • Govt. and private hospital
    • respective postoffice in their jurisdiction
    • Private offices/workplaces.
    • .
    • respective educational institutions.
  • 67.
    • Librarian/Asst .librarian/Library incharge /other administrative staff in library.—
    • Airport manager/officers of airport autority of India and officers of all scheduled airlines.
    • Director public health/director health services.
    • In charge administration in Central /State Govt.
    • Nodal officers/focal points of anti-tobacco cell at district and state level.—all public places.
    • libraries /reading rooms
    • .airports
    • All public places
    • All public places
    • All public places