TOBACCO CONTROL ACT.

An Act to control the demand for the consumption of tobacco and its products, to control the supply of tobacco and its products to the population; to protect the environment from the effects of tobacco production and consumption and exposure to tobacco smoke; to promote the health of persons and reduce tobacco related illnesses and deaths; to protect persons from the socioeconomic effects of tobacco production and consumption; to promote research, surveillance and exchange of information on tobacco control; to insulate tobacco control policies, laws and programs from interference by the tobacco industry; to strengthen coordination, partnerships and collaboration for tobacco control; to establish the Tobacco Control Committee; to fulfil Uganda's obligation and commitment as a party to the World Health Organisation Framework Convention on Tobacco Control (WHO FCTC) and to provide for other related matters.

PREAMBLE.

WHEREAS the World Health Organisation Framework Convention on Tobacco Control was signed at the United Nations Headquarters in New York on the 5th day of March 2004 on behalf of the Republic of Uganda as a member of the World Health Organisation;

AND WHEREAS Uganda ratified the Convention on the 20th"> day of June 2007 in accordance with Article 123 of the Constitution of the Republic of Uganda, section 3(b)(ii) of the Ratification of Treaties Act and Article 35 of the World Health Organisation Framework Convention on Tobacco Control;

And further whereas it is expedient to give the force of law to the Convention in Uganda.

PART I
PRELIMINARY.

1. Commencement.

This Act shall come into force after six months from the date of its publication in the Gazette.

2. Interpretation.

In this Act, unless the context otherwise requires—

"additive" means any substance, chemical compound or component other than tobacco or water, that is introduced in the tobacco product during processing, manufacturing or packaging, including, as applicable, those obtained in the paper, filter, portion pouch, or similar part of the tobacco product, its package or accessories and shall include any residues of pesticides, fungicides and other chemicals used during tobacco growing, harvesting, curing, storing or other stages of preparing the tobacco products for consumption;

"authorised agency" means any Ministry, department, parastatal agency, local government council or public office in which or upon which any law vests functions of control or management of any segments of tobacco control;

"authorised officer" means a public officer or other person upon whom any law vests functions of; ensuring public health, public safety, inspection and investigation, testing, examining the manufacturing process, searching, seizing and detaining, sampling, tracking and tracing, maintenance of law and order or any other function authorised by the Minister;

"brand name" means a name by which a tobacco product is marketed or sold;

"Committee" means the Tobacco Control Committee established under section 3;

"conflict of interest" means conflict between the public duties and private interests of a person working in or on behalf of Government in any capacity, where that person has tobacco related interests which could improperly influence the performance of his or her official duties and responsibilities;

"constituents" means chemicals, including particles, vapours and gases found in tobacco or tobacco product;

"content" means constituents with respect to processed tobacco and ingredients with respect to tobacco products;

"cross border advertising with respect to tobacco advertising, promotion, and sponsorship" means advertisement which originates from within the territory of Uganda to another territory or which may be received in another territory, by means such as, placement on the internet or through broadcasts or other communications technologies, as well as advertisement which is originated from outside the territory of Uganda which is designed to be used in Uganda;

"currency point" has the meaning assigned to it in the First Schedule to this Act;

"electronic nicotine delivery systems" means an electronic device that may be used to deliver nicotine vapour or other substances to the person inhaling from the device, including, an electronic cigarette, a cigar, a cigarillo, and a pipe;

"emissions" means substances that are released when a tobacco product is used as intended, found in the smoke or released during the process of chewing or sucking or sniffing;

"enclosed or indoor" means any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides or whether the structure is permanent or temporary;

"exporter" means a person who sends or arranges to send a tobacco product outside Uganda for sale or supply in another country;

"Government" or "Government authority" includes Governmental and semi or quasi Governmental institutions, bodies, boards, commissions, committees, work groups, or entities;

"health warnings and messages" means prescribed text and accompanying full colour pictures required by the Ministry to be displayed on tobacco packaging and labelling that convey the health and other consequences of tobacco use and exposure to tobacco smoke and any other tobacco control messages as prescribed by the Minister;

"importer" means a person who receives or arranges for the receipt of a tobacco product from another country for sale in Uganda;

"ingredients" means tobacco, tobacco components, including materials used to manufacture those components, additives, processing aids, residual substances found in tobacco, following storage and processing and substances that migrate from the packaging material into the product;

"manufacturer" means a legal entity, that manufactures, fabricates, produces, processes, packages or labels tobacco products, and includes an entity that is associated with manufacture, an entity that controls or is controlled by the manufacturer, or that which is controlled by the same entity that is controlled by the manufacturer;

"media" means broadcast, print, electronic or any other avenues of communicating to the public;

"Minister" means Minister responsible for health;

"Ministry" means Ministry responsible for health;

"minor" means a person below the age of 21 years;

"occupational activity" includes any kind of employment, contract, consultancy, other work, or service activity, whether it is gainful or not;

"open space" or "outdoor space" means any space that is not enclosed;

"outside packaging" means any packaging in the retail sale of tobacco products, including multiple packages of tobacco products such as cartons, and includes any label and other written or graphic information on or in it;

"package" means any covering, wrapper, container or other enclosure that contains a tobacco product;

"person responsible for the premises" means the owner, manager or other person in charge of the public place, workplace or means of public transport;

"public office holder" means an appointed or elected government official, representative, advisor, or employee within any branch of government at the national level or at the level of the local government;

"public place" includes an area, permanent or temporary, fixed or mobile, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access;

"public transport" means any means of transport used for the carriage of members of the public;

"publish" means to make public to at least one other person by any means;

"relevant or related to tobacco control" includes tax, levies, price, trade, agriculture and other policies that affect or are likely to affect tobacco control policies;

"responsible for tobacco control" or "responsibility for tobacco control" includes being involved in or contributing to or being in a position to be involved in or contribute to the development, implementation, administration or enforcement of tobacco control policies or those relevant or related to tobacco control, within any branch of government at the national or sub-national levels;

"smoking" means possessing or controlling a lit or heated tobacco product regardless of whether the smoke is actively inhaled or exhaled;

"Smokeless tobacco product" means products entirely or partly made of the leaf tobacco as raw material which are manufactured to be used for chewing, sucking or sniffing or any other means of oral consumption;

"subsidiary" means business in the tobacco industry in which another tobacco corporation has a controlling share and includes any corporation organised and chartered under the laws of another State;

"supplier" means a person who sells, offers to sell, displays for sale, gives or in any other way transfers possession of a tobacco product for a commercial purpose or who offers to transfer possession for a fee or other consideration or as a sample, gift, prize, or without charge;

"supply" means to sell, give, exchange, convey, consign, deliver, furnish or transfer possession of or title to any tobacco product for the purpose of obtaining financial or business gain, or arrange or offer to do so, whether for a fee or other consideration or without charge;

"tobacco" means a tobacco plant including its seeds and leaves;

"tobacco advertising and promotion" means any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly and includes any commercial communication, act or practice that promotes or is likely to promote a tobacco manufacturer, wholesaler, distributor or importer;

"tobacco control" means a range of supply, demand and harm reduction strategies that are aimed improving the health of a population by eliminating or reducing their consumption of tobacco or its products and exposure to tobacco smoke;

"tobacco control policies" includes formulation, implementation, administration or enforcement of tobacco control policies, laws, regulations, programmes or initiatives and includes policies relevant or related to tobacco control;

"tobacco industry" means—

(a) with respect to Part II and Part IX, tobacco manufacturers, wholesale distributors and importers of tobacco products and a person or entity working on their behalf to further their interests; and

(b) with respect to Part VIII and section 43, tobacco manufacturers, wholesale distributors and importers of tobacco products;

"tobacco product" means a product which is entirely or partly made of the leaf tobacco as raw material which is manufactured to be used for smoking, sucking, chewing, snuffing or to be consumed by any other means;

"tobacco smoke, second hand smoke" and "environmental tobacco smoke" means the smoke or other emissions released from a tobacco product or the smoke exhaled by a person smoking a tobacco product;

"tobacco sponsorship" means a form of contribution to an event, activity, organisation, or to an individual that has the aim, effect, or likely effect of promoting a tobacco product or tobacco use, directly or indirectly;

"Trade mark" includes a recognisable variation of a trademark;

"workplace" means an area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis and includes a private office, a common area and any other area which is generally used or frequented during the course of employment or work.

PART II
THE TOBACCO CONTROL COMMITTEE.

3. Establishment of the Committee.

(1) There is established a committee to be known as the Tobacco Control Committee.

(2) The Committee shall consist of the following—

(a) a representative from the Office of the Prime Minister, who shall

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