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

Regulations relating to provision for Exemption for Unintended Consequences and the phasing out of Existing Sponsorship or Contractual Obligations

Exemptions for unintended consequences



5) Advertisements, including the use of tobacco trade marks, logos, brand names or company names used on tobacco products, which appear in any-
a) book, magazine or newspaper printed; or
b) film or video transmission made

outside the Republic are exempted from the provisions of section 3 of the Act.


6) The exemption referred to in clause 5 does not apply in an instance where-
a) the primary purpose of such a book, magazine, newspaper, film or video is the promotion of the use of tobacco or tobacco products;
b) such a book, magazine or newspaper is intended for sale, distribution or exhibition primarily in the Republic; or
c) such an advertisement in any radio or television or any other electronic transmission is targeted primarily at people living in the Republic.


7) Persons who import and distribute in South Africa books, magazines, newspapers, pamphlets, videos and/or films that contain tobacco advertisements must submit to the Director-General of Health, annually, a list of the names of all such books, magazines, newspapers, pamphlets, videos and/or films, together with their countries of origin, and the numbers of copies imported and distributed by them.