SUMMARY OF SUBMISSION MADE BY INTERESTED PARTIES TO THE SELECT COMMITTEE ON HEALTH AND SOCIAL SERVICES OF THE NATIONAL COUNCIL OF THE PROVINCES (NCOP)

 

 

 

NAME OF PARTY WHO SUBMITTED

ISSUES ADDRESSED IN SUMBISSION

DEPARTMENT OF HEALTH’S RESPONSE TO ISSUES

 

1. Swedish Match

 

  • Swedish Snus is a smokeless tobacco product, which is not as harmful as ordinary smoked tobacco products and could be used to help people to quit form smoking.  Therefore it should be treated differently in the Bill and consumers would be entitled to be informed about information on alternatives to smoking.

 

  • Snus is still a tobacco product and although it might be less harmful, there is no scientific proof that it is totally harmless.  Therefore it not should be regulated differently in the Bill.

 

  • Snus is not regarded as a harm reduction product by the department, because the scientific evidence records that Snus is:-

o        Highly addictive

o        Cause stained teeth and bad breath, raise the pulse rate and blood pressure.

o        Some studies link it to increased risk of heart disease, diabetes and premature births. There are also concerns that it may cause gum cancer.

o        There is also a suspicion that it causes pancreatic cancer.

 

§         Furthermore Clause 5 of the Bill provides for the Minister to exempt certain tobacco products from the provisions of the Act, where it is in the public interest for a product to be so exempted.

 

The recommendation on Smokeless Tobacco Products by the World Health Organisation Scientific Advisory Committee on Tobacco Products Regulation after analyzing several studies on smokeless tobacco products is thus:

  • Study from Sweden reported that smokeless tobacco use is associated with the presence of diabetes and increases insulin resistance;
  • Strong evidence that smokeless tobacco use lead to oral mucosal lesions, including oral pre-cancerous lesions, and gingival recession;
  • Products which have not been studied for which no hazards has yet been demonstrated can not be claimed to be free of harm;
  • All smokeless tobacco products have nicotine as a major constituent and are potentially addictive;
  • Youth are especially vulnerable to initiating smokeless tobacco use;
  • At present smokeless tobacco use is common among the youth globally.

 

 

 

 

 

  2. British American Tobacco S. A.

      (BATSA)

 

 

  • Swedish-style Snus, a smokeless tobacco product have the potential to reduce tobacco-related harm. Therefore ‘Snus’ should be defined in the Act and the exemption provided for in Clause 5 of the Act be amended to provide specifically for Snus.

 

  • Section 3A seeks to impose South African standards on other foreign countries which may themselves not have not elected to impose such standards and will potentially also have a negative impact on the levels of cigarette exports from South Africa.

 

  • Paragraph 4(d)(iii) of the Bill refers to the proposed regulation of so-called ‘fire-safe’ cigarettes. Achieving this goal is complex and requires careful consideration and is regarded as an area, which should rather be addressed by the South African Bureau of Standards and than by the Department of Health.

 

  • Paragraph 4(f) of the Bill seeks tobacco manufacturers to publicly disclose proprietary and confidential information which manufacturers are entitled to protect.

 

 

 

 

  • Department’s position on this matter stand is reflected in the previous point.

 

 

 

 

 

 

 

  • The purpose of this clause is to ensure that where a country does not have any standards in place, tobacco products will at least have to meet the South African standard, before it could be exported to such foreign country. To this extent the dumping of sub-standard tobacco products in under developed countries will be eliminated.

 

  • The Department of Health regard its involvement in this matter relevant because amongst others the outcome of fires caused by cigarettes, exposes people and animals to burns and / smoke inhalation. The Department considers this as an area that needs to be addressed.

 

 

 

 

  • The purpose of the clause is not to compel a manufacturer to disclose confidential information publicly.  Such information will be kept confidential by the Minister. The purpose is for the manufacturer to disclose all ingredients contained in the product in order to establish the levels of such ingredients as well as the harmful effects of such ingredients or combination of ingredients on the user of that tobacco product.

 

 

 

 

3. Tobacco Institute of S.A. (TISA)

 

  • TISA generally supports the Bill with the exemption of certain areas, namely:

 

  • Snus is substantially less harmful than those tobacco products that are burned, and it naturally has no impact on non-users. Therefore the definition of ‘tobacco product’ should not include Snus and the exemption provision contained in the new Section 6A of the Bill should be amended to make specifically reference to harm reduction properties.

 

  • The age limitation for persons permitted in permissible smoking areas is 18 years whereas the sale of tobacco products is prohibited to children under the age of 16 years. This anomaly should be addressed.

 

  • Low Ignition Propensity (LIP) cigarettes was introduced as a safety feature to prevent lit cigarettes from posing a fire hazard. However, such design will have cost and health implications and it is suggested that it only be done on the basis of extensive consultation and research before the passing of any regulation with regard to this.

 

  • With regard to the penalty provisions of the Bill, it is recommended that careful consideration be given to the relationship between the offences and the proposed maximum penalties.

 

 

 

 

 

 

 

Department of Health’s position on this is the same as stated elsewhere with regard to “Snus”

 

 

 

 

 

 

 

 

 

 

  • Since the selling of Tobacco Products is regarded as “trade” which is a duel provincial and national competency, this will be dealt with in the Section 76 Bill which proposes the age limit to be uplifted to 18 years

 

 

  • All new regulations are published for public comment prior to enforcement and in this instance consultation will take place with the stakeholders in order to reach agreement on the implementation prior to promulgation of the regulations.

 

 

 

 

 

 

 

  • The penalties the Department of Health proposes has been thoroughly thought of and is seen reasonable.
  • Penalties proposed are not more stringent when compared with other legislation i.e. the Liquor Act which provides for a fine of R1 million for selling liquor to a person under 18 years.

 

 4. Association for the Reduction of Tobacco-related Harm (ARTH)

 

  • More effort than at present should be directed towards primary prevention from tobacco use, particularly amongst the young.

 

 

 

 

 

 

 

  • Since it is clear that government does not intend to ban tobacco, the consideration of alternatives which are less harmful to non-users of tobacco must be a policy imperative to ensure minimisation of harm. If users of tobacco were not to smoke and opt for a smokeless form of tobacco use, harm to the non-users of tobacco and the environment in general can be minimised and even eliminated.

 

 

  • The Department has health awareness programmes within the tobacco Control programme that focuses on all age groups in different settings e.g schools curricula, posters, information pamphlets for both children and adults, radio and tv talk shows;

 

 

 

 

 

  • Department of Health’s position on this matter remain the same as with previous response

 

 5. National Council Against Smoking

 

  • Section 2 provides for restriction of smoking near air inlets and entrances to public places, protects children from passive smoke in private dwellings used for tuition and as passengers in cars and for the Minister to prohibit smoking in certain outdoor areas where it may constitute a fire or other risk.

 

  • Section 3 allows the regulation of the substances that a manufacturer can put into tobacco products (its constituents), as well as the chemicals that may be produced when tobacco products are used (its emissions).

 

  • Bill bans smoking in workplace. Domestic workers need to be protected. Increase in the fines is supported.

 

 

 

This Organisation Support the Bill

 

 

 

 

 

 

 

 

 

 

This Organisation Support the Bill

 

 

 

 

 

 

 

 

  • The Department is aware that domestic workers need to be protected, but also acknowledges that enforcement of such provisions will create problems as well as the fact that such workers could be victimised and even lose their jobs.

 

6. Derek Hill

 

  • Supports the Bill in general but feel that the definition of ‘public place’ be extended to include the premises of a private club or voluntary association.

 

 

 

 

§         The Department is of the opinion that the definition of ‘public place’ as proposed in the Bill is wide enough to also provide for the venues or places mentioned in the submission.

 

7. Eagle’s Fare (Sylvia Backstrom)

 

  • Oppose the Bill not because she is in favour of smoking, but because of more detrimental elements in our society such as alcohol abuse and traffic controls and crime prevention that need to be enforced as it have a far more severe impacts on our society and children.

 

 

  • Every health or societal problem is tackled separately on its own merits. Tobacco is a health risk factor that warrants handling separately from other risk factors.

 

 8. FEDHASA

 

  • Provision should be made in the penalties clause for a person insisting to take his child that is under-aged into a permissible smoking area.

 

  • Canvasses that not only should prescribed signs be displayed in a public place, but that the person in control of such public place make prescribed public announcements of any prohibitions on smoking.

 

  • The age restriction with regard to the use of vending machines is at present 16 years, but since these machines are mostly situated within the smoking area of a public place and only persons over the age of 18 years are allowed in the smoking area, there seems to be an anomaly.

 

  • The expression ‘partially enclosed’ in the definition of ‘public place’ needs clarification.

 

 

§         Bill has taken care of this matter in the clause that deals with smoking of tobacco products in public places.

 

 

 

  • Department of Health has noted the proposed additional responsibilities to the owners of the public places and will be taken care off within the broader tobacco control programme.

 

 

 

  • This issue will be taken care off in the 76 Bill

 

 

 

 

 

 

 

 

  • In the Department of Health’s view the definition is clear. It was also agreed to by the State Law Adviser.

 

 

 

9. Gerhard Vosloo

 

  • Request a total ban on smoking in public places for the health of all and the children.

 

 

  • The proposal is noted. The department of Health’s position remains, as in the Bill.

 

10. JT International South Africa

      (Pty) Limited

 

  • Recognises the real risks posed by smoking and agree that the industry should be appropriately regulated.

 

  • Clause 3A makes provision for manufacturers to be compelled to disclose prescribed information to the Minister as well as the public without provision being made for the protection of trade secrets, proprietary and confidential information.

 

 

  • Clause 6 provides for the Minister to make regulations regarding information that a manufacturer must submit to the Minister and the public in respect of certain specified categories. It is the argument that a manufacturer should not be compelled to provide a wide array of information (such as trade secrets, etc.) to ‘the public’.

 

 

 

  • This comment is noted by the Department

 

 

 

§         A distinction should be made between information that a manufacturer must submit to the Minister and information it should disclose to the public. The Minister will not be allowed to disclose any confidential information or trade secrets to the public or any other party and to such extent is prohibited in doing so by the Promotion of Access to Information Act, 2003.

 

  • The purpose of this section is for a manufacturer to provide some information to the Minister and some information to the public. It is not the intension that the Minister will disclose trade secrets to the public or other competitors, and to this extend a manufacturer is protected by the Promotion of Access to Information Act, 2003.

 

 

 

 

 

 

 

 

 

11. Philip Morris S.A. (Pty) Ltd

 

  • Suggest that the definition of ‘ingredient’ focus substantially on substances directly added to tobacco, but residues of agricultural substances (i.e. crop protection agents) (“CPA’s”) and packaging material migrants should be excluded and separately regulated from ingredients.

 

  • Supports the broadened definition of ‘tobacco product’ as the regulation should apply equally to manufactured cigarettes and other tobacco products.  Regulation of other tobacco products is crucial, particularly with the growing popularity of other tobacco products, often as a consequence of lower tax rates. 

 

 

§         It is the Department of Health’s position that residues of agricultural substances in tobacco products should form part of the total picture of ingredients as provided for in the Bill.

 

 

 

 

 

 

  • Noted and had been taken care of in the Bill.

 

 

 

  • Noted and will be addressed in the Regulations