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Department of Healths draft regulations on smoking

Department of Healths draft regulations on smoking

Date: 2012-08-15
If you are a smoker and have not yet seen the light in terms of the damage smoking does to your health, (as well as those around you), the Department of Health's draft regulations on smoking may very well force you to do so. The rules were published on 30 March 2012 and deadline for submissions was 30 June 2012.

Smoking in public places will become even more stringent than ever before as the Department of Health tightens the rules on this matter. In it's draft regulations in terms of the Tobacco Products Control Act, smokers will no longer be able to smoke in a "public place".

A public place' is defined as "any indoor, enclosed or partially enclosed area which is open to the public", such as stadia, arenas, sports facilities, playgrounds and zoos, in school premises and childcare facilities, in health facilities, in outdoor eating or drinking areas, in venues when outdoor events take place, in covered walkways or parking areas, in outdoor queuing or service areas, and in public bathing beaches not less than 50m from the closest person near the demarcated swimming area.

This means that smoking will also not be allowed in any outdoor eating or drinking area, or in venues where outdoor events take place. Smoking in workplaces is heavily regulated.

Teachers who smoke will no longer be able to do so whilst on school premises or in childcare facilities. However smoking may be permitted in a portion of the public place, provided certain conditions are met.

The owner or person in control of the public place or employer must display a notice indicating that the area is a designated outdoor smoking area and that no person under the age of 18 may be present in that area.

There are also specific requirements for where the designated smoking area may be housed. In addition, the owner or person in control must ensure that no food and drink is provided in that designated area, no entertainment is provided, the ashtrays are regularly emptied and that smokers are to be discouraged from remaining in the area longer than is necessary to smoke a cigarette.

Not surprising then that many protagonists of the "right to smoke where they want to", are up in arms on the draft regulations, saying that it severely restricts their freedom of choice and impairs their dignity. Know your rights! Email fawzia@thelawdesk.co.za or call 031-5025670 for any legal assistance.