New tobacco laws threaten small businesses

tobacco

The Portfolio Committee on Health is preparing to hold public hearings on the Tobacco Products and Electronic Delivery Systems Control Bill.

These hearings represent the first nationwide hearings in the North West Province. The committee has extended the deadline for written bill submissions from August 4 to September 4.

The bill's main objectives are to create smoke-free indoor public spaces and outdoor areas, prohibit the sale of cigarettes through vending machines that require plain packaging featuring health warnings, ban the display of tobacco products at point-of-sale locations, and regulate electronic nicotine delivery systems. 

The committee acknowledges previous court rulings emphasising the importance of public involvement in the legislative process and is committed to improving this aspect, a constitutional obligation of Parliament.

The bill's provisions also include a ban on the display of tobacco products at point-of-sale locations. These hearings follow Chapter 59(1) of South Africa's Constitution, which mandates the National Assembly to facilitate public engagement in the legislative process. According to Dr Jacobs, the Chairperson of the committee, the legislative sector has adopted a model of public participation that places significant emphasis on public consultation.

The committee plans to conduct public hearings in two or three districts per province to ensure comprehensive participation from stakeholders, organisations, and individuals. These hearings will be scheduled on weekdays and weekends to facilitate meaningful public involvement. Dr Jacobs stated the committee's commitment to listening and providing ample opportunity for input.

The Tobacco Bill has encountered significant opposition from the industry in South Africa. Approximately 200 specialist tobacconists in the country need to be more supportive of the bill. They argue that the proposed ban on displaying legal tobacco products in stores poses a significant threat to their businesses, as these products are intended for individuals over 18.

A survey indicates that 98% of respondents are against a display ban on tobacco products, with 99.5% believing it would negatively impact businesses and employment.

Business owners like Diane Bravo of Casa Tabacs contend that the ban would lead to business closures and reduced revenue. The bill also includes a provision for a 10-year prison sentence for displaying cigarettes, which 99.5% of respondents find excessive. Some individuals are also concerned that the ban could contribute to an increase in illicit tobacco sales.

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