Chairperson and hon members, it is an honour to speak in this Chamber where the NCOP is the host. I must confess and apologise that, like hon Mthethwa, it's my first time in this Chamber. [Laughter.]
It is the first time I am meeting you in this capacity. I've met you as comrades and colleagues, so I'm obviously fairly anxious, but thanks for allowing me to address your House for the first time.
It is an honour for me to lead this second reading debate on the Tobacco Products Control Amendment Bill. I wish to convey the apologies of Minister Barbara Hogan, who is out of the country on an official visit.
Today's debate marks another important milestone in the effort to strengthen our country's tobacco control programme through legislative reform. In 2007, this Parliament passed the first part of the same Bill. Today it is again my wish that this Amendment Bill gets similar attention and support to complete the chapter and the work of establishing full control of tobacco products in our country to protect our citizens.
Once more, I wish to remind the House about the tobacco industry's continuous expansion of their products in a disguised form which misleads the public and enriches the industry at the expense of human health.
The economic costs of tobacco use are devastating. In addition to the high public health cost of treating tobacco-caused diseases, tobacco kills people at the height of their productivity, depriving families of breadwinners and nations of a healthy workforce. Tobacco users are also less productive while they are alive due to increased sickness.
We believe that information on potential adverse health effects should be communicated to consumers. For example, health warnings and labelling should reflect the known adverse health effects of all tobacco products.
The Bill we are debating today focuses on the trade and marketing of tobacco products. This Bill proposes amendments that seek to further improve the operation of the existing Act, and close any avenues designed and used by the tobacco industry to circumvent the provisions of the current Act; and a number of amendments to the Act which are designed to promote health and prevent diseases. The main provisions of the Bill are the following: to amend the current Act so as to strengthen the sections which prohibit advertising, promotion and sponsorship; to set standards for the packaging and labelling of tobacco products including pictorial warnings on packages; to remove misleading package descriptions like "light" and "mild"; to control the ingredients in, and emissions from, tobacco products; and increase penalties for breaking the law.
The publication of this Bill was approved by the Cabinet in 2003 and it was gazetted for public comments from 17 October 2003 to 17 November 2003. My department collated a substantive number of submissions received from individual members of the public, the tobacco industry, its associates and health organisations.
In general, the majority of those submissions supported the proposed amendments to the Bill, except for some submissions, mainly from the tobacco and associated industries, which made alternate proposals that were not necessarily in line with the objectives of the Bill. The Bill has therefore been amended taking into consideration the comments received.
Chairperson, I shall go through the key clauses to reflect the provisions or the key amendments. Clause 1 seeks to amend some of the definitions in the present tobacco legislation to extend the application of the Tobacco Products Control Act and to close loopholes that exist in the present tobacco legislation. Clause 2 seeks to further prohibit the advertising, promotion and distribution of tobacco products as well as prescribing the information required in respect of packaging and labelling of tobacco products. It seeks to prescribe the conditions under which sponsorship by tobacco industry and associated industries will be allowed.
Clause 3 seeks to prescribe standards for the manufacture and importation of tobacco products into the RSA. Clause 4 seeks to protect children by prohibiting the owner or the person in charge of the business to allow any person in his or her employment or under his or her control who is under the age of 18 years to sell or offer to sell any tobacco on the business premises.
Clause 5 seeks to prohibit any free distribution of tobacco products at a reduced price and/or to reward anyone with tobacco products. Clause 6 seeks to prohibit access to vending machines by persons under the age of 18.
Clause 7 seeks to prescribe signs in respect of tobacco products and information that must be displayed at the point of sale and on vending machines; and also to prescribe the quantities of tobacco products manufactured or imported as the case may be. Clause 8 seeks to increase the penalty for contravening the provisions of the Act to increase its value as a deterrent.
Ladies and gentlemen and hon members, even though we know that the tobacco industry is a legal business in this country and globally we believe that the products produced and sold by this industry are lethal, because they continue to create serious health problems in individuals and families, the country's health system and, indeed, the economy of the country.
It is recorded globally that most people start smoking before the age of 18, with almost a quarter beginning before the age of ten. When younger children start to experiment, they are more likely to become regular tobacco users and are less likely to quit. In addition, there is a strong link between advertising and smoking amongst young people, which has been proven by various studies.
The tobacco industry has taken this opportunity to lure young people through sponsorships, advertising and glamorisation of tobacco products by falsely associating the use of tobacco products with desirable qualities, such as glamour, energy, sex appeal as well as exciting activities and adventures.
The industry also knows that the more aware and appreciative young people are of tobacco advertising, the more likely they are to smoke or say they intend to. As a result, the tobacco industry spends billions of dollars worldwide each year spreading its marketing net as widely as possible to attract young customers.
Tobacco companies market their products wherever youth can be easily accessed, such as the movies, the Internet, fashion magazines, music concerts and sports events. In addition, they tend to use SMSing, which is one of the ways that is available on the telecommunication systems.
New ways of packaging and labelling tobacco products are being proposed globally to make people fully aware and to understand the risk of morbidity and premature mortality caused by tobacco use and exposure to tobacco smoke. There is persuasive evidence that text plus picture-based health warnings on tobacco products packaging tend to provoke more of an emotional response and are, therefore, more salient and potentially more effective than text-only warnings.
Pictures are also able to provide information to those with a low level of literacy or low income, who may have little access to other health information. Using a range of messages increases the likelihood of impact across different population sub-groups as different messages resonate with different people.
Given the abovementioned facts, it is the right time and opportunity to strengthen our country's Tobacco Products Control Act in order to close all loopholes identified so far. Ladies and gentlemen and hon members, let us remember that the importance of all this effort is to reduce tobacco- related diseases, disabilities and deaths.
Our international treaty, which is the World Health Organisation Framework Convention on Tobacco Control, FCTC, asserts that the most cost-effective strategies in tobacco control are population-wide public policies, like bans on direct and indirect tobacco advertising, tobacco tax and price increases, smoke-free environments in all public and work places and large, clear, graphic health messages on tobacco packaging.
This year the WHO called upon the member states and policymakers to pass laws in their countries that will ensure a comprehensive ban on all forms of advertising, promotion and sponsorship of tobacco products. The WHO further issued a warning that voluntary policies do not work and are not an acceptable response to protect the public, especially the youth, from the tobacco industry's marketing tactics.
Chairperson, it is our belief that the finalisation of this Bill will further strengthen enforcement of tobacco product control measures in the country and promote the health and wellbeing of our citizens.
In conclusion, let me take this opportunity and thank the officials of my department under the leadership of the Director-General, Thami Mseleku, for their hard work in the processing of this Bill. Similarly, Chairperson, let me thank the Select Committee on Social Services under the astute leadership of the hon Chairperson Masilo and the members who made it possible for this Bill to be adopted by the committee. And we, therefore, accordingly trust that this House will pass the Bill today. I thank you.
Chairperson, allow me first to congratulate the Minister and Deputy Minister of Health on their appointments.
Chairperson, hon Deputy Minister, hon members and invited guests, it gives me great pleasure to speak on the Tobacco Products Control Amendment Bill. The Tobacco Products Control Amendment Bill seeks to amend the Tobacco Products Control Act, Act 83 of 1993.
The Bill seeks to do the following: amend certain definitions and add new ones; strengthen the section that prohibits advertising, promotion and sponsorship; provide for better packaging and labelling of tobacco products; set the same product standards for manufacturers and importers of tobacco products; prohibit sales to and by people under 18 years of age; extend the provisions prohibiting the free distribution of tobacco products; and restrict the location of vending machines.
The Bill also seeks to empower the Minister to make regulations regarding the following: the health information to be displayed on a package; notices that may be displayed at points of sale; display of tobacco products at points of sale; quantities that must be contained in a package; and the determination of penalties for contraventions. The Minister shall prescribe minimum package sizes. Smokers who buy single cigarettes do not see the health warnings that appear on cigarette packages. Prescribed packages will carry health warnings. Loose cigarettes also make cigarettes affordable to people under the age of 18 years.
The 1999 Amendment Act banned the advertising and promotion of tobacco products. This prevented the industry from making smoking appear smart, glamorous and sophisticated. The law helped to reduce tobacco use among children. There was a 17% increase in children between the ages of 13 and 19 years who have not taken even one puff on a cigarette between 1999 and 2000. This statistic was taken from the Youth Risk Behaviour Survey.
The Bill makes standards that apply to manufacturers of tobacco products applicable to importers of tobacco products. This will ensure that all traders and manufacturers are measured by the same standards.
The Bill contains provisions that relate to the sale of tobacco products to minors. The Bill proposes to raise the minimum age for the legal sale of tobacco products to 18 years. This is to protect those people defined as "young" by the Constitution. The tobacco industry has also recommended that this age restriction be raised from 16 to 18 years. We welcome that.
The sale of cigarettes through the post, Internet or electronic media is prohibited. Such sales are difficult to monitor. There is no control as the Internet, post and electronic media are freely available and accessible, even to young people.
The location of vending machines is restricted to designated smoking areas. The sale of nontobacco products, for instance chocolates, cool drinks, crisps, etc, from vending machines used for the sale of tobacco products is to be prohibited. These are steps towards reducing purchases by minors, since while purchasing chocolates they might be attracted to tobacco products. The Vending Association of South Africa also made a recommendation on the location of vending machines.
The Bill contains provisions for offences and penalties. I hope members will listen to this one so that they are able to help their constituencies. The Bill introduces the following penalties: An individual who contravenes section 2(5), 3(8), (9)(a) or (b) or (l0) or 4(l), (2), (3), (4)(a) or (b) or (5) or 5 could be fined up to R100 000. An individual who contravenes section 3(l), (2), (3), (6), (7)(a) or (b), 3A or 4A could be fined up to