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Tobacco Products Control Act, 1993 (Act No. 83 of 1993)

6. Regulations

 

 

1) The Minister may make regulations regarding-
a) anything that must or may be prescribed in terms of this Act;
b) the signs in respect of tobacco products and the information that must be displayed at points of sale and on vending machines, including—
i) health warnings that must appear on the signs;
ii) size and format of the signs;
iii) location of the signs; and
iv) the legal age at which tobacco products may be purchased.
bA) information that must be displayed on a package containing a tobacco product and on an enclosed leaflet, picture or pictogram, including—
i) information about the product and its emissions;
ii) health hazards and health effects arising from the use of the product or from its emissions;
iii) other health-related messages such as advice on how to stop smoking;
iv) information that may not appear on packages; and
v) the descriptors, package design characteristics, graphics or terms considered to be false, misleading, deceptive or likely to create any erroneous impression;
c) the location, content, size and format of any sign required in terms of this Act;
d) the standards that a tobacco product must comply with, including—
i) the amounts of substances that may be contained in the product or its emissions;
ii) substances that may or may not be added to the product;
iii) the ignition propensity of cigarettes; and
iv) product design and composition;
e) methods to assess conformity, and methods of testing and measuring compliance, with any prescribed standard;
f) subject to Chapter 2 of the Constitution of the Republic of South Africa, 1996, any information that a manufacturer or importer of a tobacco product must submit to the Minister and to the public, including information in respect of—
i) research conducted into a tobacco product by a manufacturer or by a person who conducted research paid for in whole or in part by a tobacco manufacturer;
ii) the quantity of a tobacco product manufactured or imported, as the case may be;
iii) marketing expenditure; and
iv) information on product composition, ingredients, hazardous properties and emissions; and
g) any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act.

 

2) [Deleted by the Tobacco Products Control Amendment Act, No. 63 of 2008].

 

3) The Minister shall, not less than three months before issuing any regulation under this Act, cause a draft of the regulation to be published in the Gazette, together with a notice declaring his intention to issue such a regulation and inviting interested persons to furnish him with any comments thereon or representations in connection therewith within a specified period.

 

4) The provisions of subsection (3) shall not apply in respect of-
a) a regulation which, after the provisions of the said subsection have been complied with, has been amended by the Minister in consequence of comments or representations received by him in pursuance of the notice published in terms of the said subsection;
b) any regulation in respect of which the Minister is of the opinion that it is in the public interest that it be issued without delay.