Tobacco Control Act

Section Interpretation Section 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 ; “...

Section Establishment of Tobacco Control Committee Section The Committee shall consist of the following— The Chairperson and Vice Chairperson shall— There is established a committee to be known as the Tobacco Control Committee . a representative from the Office of the Prime Minister , who shall be the Chairperson; the Director General of Health Services; the National Focal Point Person for Tobacco Control, designated under section 6 ; a representative of the Ministry responsible for trade; a representative of the Ministry responsible for education and sports; a representative of the Ministry responsible for agriculture, animal industry and fisheries; a representative of the Ministry responsible for gender, labour and social development; a representative of the Uganda National Bureau of Standards; a representative of the National Environment Management Authority; and one representative of the civil society engaged in tobacco control , nominated by a forum of organisations engaged in tobacco control . A member referred to in subsection (2)(d) , (e) , (f) and (g) shall be appointed by the Minister of the respective Ministry and shall not be below the rank of principal. A member referr...

Section Tenure of office Section A member may— be removed from office by the Minister where the member— The members of the Committee shall hold office for a period of three years and are eligible for re-appointment for one more term only. at any time, before the expiry of his or her term, resign his or her office by giving written notice to the Minister and copying the notice to the Chairperson of the Committee ; fails to attend three consecutive meetings of the Committee without notice in writing to the Chairperson; is incapacitated by physical or mental illness and is incapable of performing his or her duties as a member of the Committee for a period of not less than six months; is convicted of an offence and sentenced to a term of imprisonment of not less than six months without the option of a fine; or has an affiliation with the tobacco industry or any person or entity furthering the interests of the tobacco industry or its subsidiaries.

Section Functions of Committee Section The Committee shall, subject to this Act— The Committee shall be the national coordinating mechanism for purposes of the effective implementation of the Framework Convention on Tobacco Control of the World Health Organisation. implement the objectives of this Act in accordance with the Framework Convention on Tobacco Control of the World Health Organisation and its implementing guidelines and protocols; coordinate and monitor tobacco control interventions; advise the Minister on policies and legislative measures relating to tobacco control ; monitor interference and insulate tobacco control related policies from commercial and other vested interests of the tobacco industry ; advise the Minister on the administration of this Act; perform any other function incidental to the effective implementation of the provisions of this Act as may be assigned to it by the Prime Minister .

Section Meetings of Committee Section The provisions of Schedule 2 to this Act shall have effect with regard to meetings of the Committee . Subject to this Act and to any direction given in writing by the Minister , the Committee may regulate its own procedure.

Section National Focal Point Person for Tobacco Control Section The Minister shall designate a person within the Ministry to be the National Focal Point Person for Tobacco Control. A person designated under subsection (1) shall not be below the rank of principal. The National Focal Point Person for Tobacco Control shall be the Secretary to the Committee . The Secretary to the Committee shall be responsible for taking all the minutes of the meetings of the Committee . The Secretary to the Committee shall perform all other duties and functions that the Committee or the Minister may assign to him or her.

Section The secretariat Section There shall be a secretariat of the Committee stationed in the Ministry . The secretariat shall be headed by the National Focal Point Person for Tobacco Control. The secretariat may have other public officers as may be transferred or seconded to it by the Minister to carry out functions as maybe assigned to it in the instrument of transfer or secondment.

Section Functions of secretariat Section The secretariat shall— coordinate the meetings of the Committee ; provide technical support for the implementation of tobacco control interventions within this Act; produce and disseminate information on tobacco control ; perform any other duties related to tobacco control ; and perform any other functions as may be assigned to it by the Committee .

Section Protection from liability Section An employee of the secretariat or any other person acting on behalf of the Committee shall not be held personally liable in respect of any act or omission done in good faith in the performance of his or her duties under this Act.

Section Right to tobacco smoke-free environment Section Every person has a right to a tobacco smoke -free environment. A person consuming a tobacco product shall ensure that he or she does not expose another person to tobacco smoke .

Section Prohibition of smoking in public places, workplaces and means of public transport Section A person shall not smoke in any outdoor space that is— A person responsible for a public place , workplace or means of public transport shall— A person shall not smoke in a public place , workplace or in any means of public transport prescribed in Schedule 3 to this Act. within fifty meters of any public place , workplace , public transport terminal or any other place that provides services primarily to children; within fifty meters of any window, door or air intake mechanism of any public place or workplace or any waiting area or queue; within fifty meters from the place of service or consumption of food or drink; or designated a non- smoking area by the person responsible for the premises . A person responsible for a public place , workplace or means of public transport shall take reasonable effort to ensure the observance of subsections (1) and (2) . order a person found contravening this section to immediately cease smoking , indicating the penalty for contravention; require a person who fails or refuses to comply with paragraph (a) to leave the place or disembark from the means of...

Section Display of notices Section A person responsible for premises where smoking is prohibited shall display in a conspicuous place, a clear and prominent notice in the English language, Swahili and the language commonly used in the area, that smoking is prohibited together with the prescribed penalty. A notice required under this section shall be in such form, size, font, format and content and shall be displayed or posted in such places as shall be prescribed by the Minister by regulations. Any person responsible for premises who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding twelve currency points or to imprisonment for a term not exceeding six months, or both. Any person who contravenes this section shall on subsequent conviction be liable to a fine not exceeding twenty-four currency points or to imprisonment for a term not exceeding one year, or both. Where this section is contravened by a corporation or partnership, the manager, director, officer or their legal representative shall bear responsibility for the costs incurred in the enforcement process.

Section Comprehensive ban on tobacco advertising, promotion and sponsorship Section A person shall not— Notwithstanding subsection (1) , the following may be allowed— Where a person convicted under this section is a corporate entity, the court may, in addition to the penalty stipulated under subsection (6) — All forms, methods and means of tobacco advertising, promotion and sponsorship, including cross-border tobacco advertising, promotion or sponsorship prescribed in Schedule 4 to this Act are prohibited. initiate tobacco advertising, promotion or sponsorship including cross-border tobacco advertising, promotion or sponsorship; produce, publish or make accessible any material for tobacco advertising, promotion or sponsorship including cross-border tobacco advertising, promotion or sponsorship; or engage or participate in any tobacco advertising, promotion or sponsorship. A person involved in the production, placement, publication or dissemination of any information shall take reasonable steps to prevent the production, placement, publication or dissemination of tobacco advertisement, promotion or sponsorship. plain black and white price lists, as may be prescribed, made available...

Section Appointment of authorised officers Section Notwithstanding this section, the following officers shall be deemed to be authorised officers for the purposes of this Act— The Minister may, by notice in the Gazette , appoint a person or class of persons to be authorised officers for the purposes of this Act. The Minister shall issue a certificate of appointment to every person appointed under this section. public health officers appointed under the Public Health Act; environmental inspectors appointed or designated by the National Environment Management Authority; standards inspectors appointed under the Uganda National Bureau of Standards Act ; customs officers appointed under the Uganda Revenue Authority Act; and a person upon whom any written law vests functions of the maintenance of law and order.

Section Places where authorised officers may enter Section For the purpose of ensuring compliance with this Act, an authorised officer may, at any time, enter any place or premises, in which the authorised officer believes on reasonable grounds that— tobacco or a tobacco product is or has been produced, manufactured, tested, stored, labelled, sold or used; there are items or substances used in the production, manufacture, testing, packaging, labelling, promotion or sale of a tobacco product ; or there is information relating to the production, manufacture, testing, packaging, labelling, promotion or sale of a tobacco product . An authorised officer entering premises under this section shall, if so required, identify himself or herself to a person who is in charge of the premises or place.

Section Powers of authorised officers Section An authorised officer may— examine a tobacco product or anything referred to it in this Act; require a person in a place or premises referred to in section 27 to produce for inspection, in the manner and form requested by the authorised officer , the tobacco product or item being regulated under this Act; open or require a person in the place or premises referred to in section 27 to open any container or package found in the place that the officer believes on reasonable grounds contains a tobacco product or an item regulated under this Act; take or require a person to produce a sample of the tobacco product found in any premises or place and submit the sample to any test he or she may consider necessary; require a person found in the place or premises referred to in section 27 to produce, for inspection or copying, any written or electronic information that is relevant to the administration or enforcement of this Act; or confiscate or destroy a tobacco product or an item that does not conform to the provisions of this Act. The destruction of a tobacco product or item referred to in subsection (1)(f) shall be by court order and in confor...

Section Powers to issue warrant Section Upon an ex parte application, a magistrate or judge of the High Court may issue a warrant authorising the authorised officer named in the warrant to enter and inspect a dwelling place or premises, subject to the conditions specified in the warrant if any, where the magistrate or judge is satisfied by information on oath that— entry to the dwelling place or premises is necessary for the administration or enforcement of this Act; the occupant does not consent to the entry, or that entry has been refused or there are reasonable grounds for believing that it will be refused. For the purposes of this section, a dwelling place shall be a building or other place in which people live.

Section Use of records Section In carrying out an inspection of a place, an authorised officer may— use or cause to be used any computer system in the place, to examine data contained in or available on the computer system, that is relevant to the implementation or enforcement of this Act; reproduce the data in the form of a print-out or other intelligible output and take it for examination or copying; use or cause to be used any copying equipment in the place to make copies of any data, record or document; or scrutinise any other record system in use in a place.

Section Use of force Section An authorised officer executing the warrant issued under section 29 shall not use force unless the officer is accompanied by a police officer and the use of force is specifically authorised in the warrant.

Section Certificate of analysis Section An authorised officer who analyses or examines a tobacco product or item under this Act, or a sample of it, shall issue a certificate or report setting out the result of the analysis or examination.

Section Assistance to officers Section An owner or a person in charge of a place or premises or a person found in a place to be inspected by an authorised officer shall— provide the necessary assistance to enable the authorised officer execute his or her duties under this Act; and furnish the authorised officer with such information, materials or any other item as the officer requires for the purpose for which entry into the place is made.

Section Obstruction Section A person shall not obstruct an authorised officer in his or her duties, or knowingly make a false or misleading statement to an authorised officer .

Section Seizure Section During an inspection, an authorised officer may seize any tobacco product or item by means of which or in relation to which the officer believes, on reasonable grounds, that this Act has been contravened and a full inventory of the tobacco product or item shall be made at the time of the seizure by the officer.

Section Storage and removal Section An authorised officer may direct that any tobacco product or item seized by him or her be kept or stored in the place where it was seized or that it be transferred to another place.

Section Interference with seized product or item Section Unless directed by an authorised officer , a person shall not remove, alter or interfere, in any manner, with any tobacco product or other item seized.

Section Restoration of seized product or item Section A person from whom a tobacco product or item is seized may, within fourteen days after the date of seizure, apply to the magistrates court or the High Court for an order of restoration.

Section Order for restoration Section The magistrates court or High Court may order that the tobacco product or item be restored to the applicant if, on hearing the application, the court is satisfied that— the applicant is entitled to possession of the tobacco product or the item seized; and the tobacco product or item seized is not and will not be required as evidence in any proceedings in respect of an offence under this Act.

Section Forfeiture Section A tobacco product or item shall be forfeited to the Government and may be destroyed or disposed of as the Minister may direct where— no application is made under section 38 , or an application is made but on the hearing of the application, no order for restoration is made; a person is convicted of an offence under this Act in respect of which a tobacco product or item has been seized; or an officer seized a tobacco product or item and the owner or the person in whose possession it was at the time of seizure consents in writing to its forfeiture.

Section Packaging and labelling of tobacco products Section Where a person convicted under this section is a corporate entity the court may, in addition to the penalty stipulated— A person shall not import, manufacture, distribute, sell or offer for sale a tobacco product in Uganda unless the unit packet, package of tobacco product or outside packaging and labelling of the product conforms to the packaging and labelling requirements prescribed by the Minister by statutory instrument. Subject to subsection (1) , the text and pictures comprising the health warnings and messages shall appear together and shall occupy no less than sixty-five percent of each principal display area of the unit packet, package of tobacco product or outside packing and shall not include the space taken up by any border surrounding the health warnings and messages . A person shall not label or package a tobacco product by any means including a term, descriptor, trademark , figurative or other sign that is false, misleading, deceptive or likely to directly or indirectly create an erroneous impression about the product’s characteristics, health effects, hazards or emissions . Any person who contravenes this s...

Section Sale and display of tobacco and tobacco products Section A person shall not import, manufacture, distribute, process, sell, offer for sale, or bring into the country— A person shall not sell a tobacco product — Where a person convicted under this section is a corporate entity the court shall, in addition to the penalty stipulated— A person shall not sell, arrange to sell or enable or facilitate a sale or buy a tobacco product in a place specified in Schedule 5 to this Act. an electronic nicotine delivery system, including the electronic vapourisation device or cartridges with nicotine-containing liquid or other substances to be vapourised; a water-pipe tobacco delivery system, including the water pipe device or the water-pipe tobacco product or other substances to be used in the water-pipe delivery system; or a smokeless or flavoured tobacco product . A person shall not prominently display or make visible a tobacco product at any point of sale, other than being visible momentarily at the time of a sales transaction. through an automated vending machine; by delivery, mail order or via the internet, telecommunication or any other means through which the age of the person cann...

Section Prohibition of supply of tobacco and tobacco products to and by minors Section Where a person convicted under this section is a corporate entity the court shall, in addition to the penalty stipulated— A person shall not employ or involve a minor in the cultivation, harvesting, growing, curing, manufacturing, importation, distribution, selling or offering for sale or purchasing of tobacco or a tobacco product or in any other tobacco related activity. A person shall not import, manufacture, distribute, sell or offer for sale a sweet, snack, toy, or any other object in the form of tobacco or a tobacco product including an object which resembles, mimics or imitates a tobacco product which may appeal to a minor . It shall not be a defence for a person charged for an offence under this section to claim that he or she did not know that the person was a minor . Any person who violates this section commits an offence and is liable, on conviction, to a fine of not less than one hundred currency points or to imprisonment for a term not less than one year, or both. impose a fine of not less than one thousand currency points; order for the surrender of any proceeds of sale of the produc...

Section Regulation of tobacco products Section Where a person convicted under this section is a corporate entity the court may, in addition to the penalty stipulated— A person shall not import, manufacture, distribute, sell or offer for sale a tobacco product unless the tobacco product conforms to the tobacco product standards on contents and emissions or other disclosure requirements prescribed by the Minister by statutory instrument. Any person who contravenes any provision of this section commits an offence and is liable, on conviction, to a fine not less than twenty-four currency points or to imprisonment for a term not less than one year, or both. impose a fine of not less than one thousand currency points; order for the surrender of any proceeds of sale of the product to Government ; or suspend the trading licence of that person for a period of not less than one year. Notwithstanding the penalty prescribed in subsection (3) , court may order the seizure, forfeiture or destruction of the prohibited material at the cost of the offender.

Section Duty of Government Section In the implementation of this Act and any public health policy related to tobacco control , it shall be the duty of Government to— protect the public against the influence of and interference by the commercial and other vested interests of the tobacco industry ; and ensure that there is transparency in the interactions of Government with the tobacco industry . The records and documents related to the interactions, communications and contacts held between the Government and the tobacco industry shall be transparent and open to the public.

Section Government interactions with tobacco industry Section A person, body or entity that contributes to or may contribute to the formulation, implementation, administration, enforcement or monitoring of public health policies on tobacco control shall not interact with the tobacco industry except where it is strictly necessary for the effective regulation of the tobacco industry or a tobacco product . The interactions in subsection (1) shall be transparent.

Section Prohibition on partnerships and endorsements of tobacco industry Section A person, body or entity that contributes to or may contribute to the formulation, implementation, administration, enforcement or monitoring of public health policies on tobacco control shall not participate in, support, endorse or accept— a partnership of any kind with the tobacco industry , including initiatives or activities of the tobacco industry described, characterised, implied, or likely to be perceived as socially responsible; any non-binding or non-enforceable agreement, memorandum of understanding, voluntary arrangement or tobacco industry code of conduct in the place of legally enforceable tobacco control measures; direct or indirect financial or resource contribution or involvement in any manner in any initiative, campaign or programme directly or indirectly related to tobacco control or public health, including but not limited to, youth access and education programmes, public education campaigns, and other initiatives; or proposals, drafts or offers of assistance with the development or implementation of any tobacco control policies .

Section Prohibition on voluntary contributions from tobacco industry Section A person, body or entity that contributes to or may contribute to, the formulation, implementation, administration, enforcement or monitoring of public health policies on tobacco control shall not solicit or accept contributions from the tobacco industry .

Section Prohibition of incentives or privileges to tobacco businesses Section A person, body or entity that contributes to or may contribute to the formulation, implementation, administration, enforcement or monitoring of public health policies on tobacco control shall not— provide any incentive, benefits, privileges or preferential tax exemptions to the tobacco industry ; invest in the tobacco industry or related ventures; establish or operate a tobacco manufacturing, wholesale or import business; or give any incentive or offer a privilege related to any phase of the production or marketing of tobacco products or growing of tobacco .

Section Levy on leaf tobacco Section There shall be paid a levy on leaf tobacco at the rate of United States Dollars 0.8 per kilogramme of leaf tobacco , which is exported out of Uganda. The levy shall be paid by the exporter to the Uganda Revenue Authority at the time when the leaf tobacco is exported out of Uganda. For the purposes of this section, “leaf tobacco ” shall not include cutrag, threshed stem, threshed strips, threshed loose leaves or threshed lamina.

Section Penalty for contravention of section 20, 21 or 22 Section Any person who contravenes section 20 , 21 or 22 commits an offence and is liable, on conviction, to— cancellation of the partnership, endorsement, memorandum of understanding or any other agreement; forfeiture of the contribution from the tobacco industry ; or revocation of the incentive, benefit, privilege or preferential tax exemptions, if any.

Section Prevention and management of conflict of interest Section Conflict of interest shall be taken to arise when a person referred to in subsection (1) — A person who contributes to, or may contribute to, the formulation, implementation, administration, enforcement or monitoring of public health policies on tobacco control shall not engage in any occupational activity that may create a conflict of interest . deals with a matter in which he or she has interest and where he or she is in a position to influence the matter, directly or indirectly in the course of his or her duty; by virtue of the official position the person holds, the services he or she offers to another person or private body, are in conflict with his or her official duties; or solicits or gets a bribe to influence his or her actions. A person shall not be assigned a position to contribute to or where the person is likely to contribute to the formulation, implementation, administration, enforcement or monitoring of public health policies on tobacco control activities if that person has engaged in any occupational activity with the tobacco industry within less than two years of the proposed assignment. A person who...

Section Offences by and relating to officers and persons employed to implement Act Section An authorised officer or a person employed in enforcing the provisions of this Act who— Any person who— directly or indirectly asks for or takes in connection with any of the officer’s duties, any payment or reward whatsoever, whether pecuniary or otherwise or promise or security for the payment or reward, not being a payment or reward which the officer was lawfully entitled to receive; or enters into or acquiesces in any agreement to do or to abstain from doing, permit, conceal or connive at any act or thing whereby the implementation of the provisions of this Act is compromised, directly or indirectly offers or gives an officer a payment or reward, whether pecuniary or otherwise, or a promise or security for a payment or reward, not being a payment or reward which the officer was lawfully entitled to receive; or proposes or enters into an agreement with an officer in order to induce the officer to do or to abstain from doing, permit, connive or conceal the implementation of the provisions of this Act, A person who volunteers information in relation to the contravention of any provision of t...

Section Making false or misleading statements Section Any person who— Where a person convicted under this section is a corporate entity the court may, in addition to the penalty stipulated— makes a statement to an authorised officer or to the Committee that is false or misleading in a material particular; or omits from a statement made to an authorised officer or to the Committee any matter or thing without which the statement is misleading in a material particular, impose a fine of not less than one thousand currency points; or suspend the trading licence of that entity for a period of not less than six months.

Section Manufacturer, importer, supplier and distributor to report to Committee Section A manufacturer , importer , supplier or distributor of tobacco or a tobacco product shall periodically provide reports to the Committee or upon request, with the contents specified in Schedule 6 to this Act. A report made under subsection (1) or under any other provision of this Act shall contain the information required by the prescribed regulations. The information required under this section shall be made available to the public, as may be prescribed by regulations. The secretariat to the Committee shall maintain the reports in accordance with the relevant laws and shall make the information from the reports readily accessible to the public, in a timely manner, while taking reasonable action necessary to prevent disclosure of any information that may be protected by law and any information that may be misleading or that may promote the tobacco business.

Section General penalty Section Any person who commits an offence under this Act for which no penalty is provided shall be liable to a fine not exceeding twenty-four currency points or to imprisonment for a term not exceeding six months.

Section Regulations Section The Minister shall, in consultation with the Committee , by statutory instrument, make regulations— for the manufacture, packaging and labelling, importation, distribution and sale of tobacco products and the reporting requirements for the manufacturers and sellers; for tobacco product testing and measuring methods that shall be used for the required reports on product constituents and emissions and in relation to any product standards that may be prescribed; prescribing or prohibiting anything required to be prescribed or prohibited by this Act; and for the implementation of the provisions of this Act.

Section Power to amend Schedules Section The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act. The Minister may, by statutory instrument and with the approval of Parliament, amend Schedules 2, 3, 4, 5 and 6 to this Act.

Section Protection from retaliation and discrimination Section It shall be unlawful for the Government , a business or an entity or a person to retaliate or discriminate against an employee, applicant, contractor, or a person where that person— made a complaint, reported, disclosed or opposed any conduct, activity or practice that could reasonably be construed to be a violation of a provision of this Act, regulations made under this Act or policies; or brought a legal action, testified in any proceeding or hearing, or assisted or participated in any way in any investigation brought pursuant to this Act or any other applicable law.

Section Relation between Act and other laws Section Any law existing immediately before the coming into force of this Act relating to tobacco or tobacco products shall have effect subject to such modifications as may be necessary to give effect to this Act; and where any such law conflicts with this Act, the provisions of this Act shall prevail.

Section Charges by Government Section All notices displayed by the operation of the provisions of this Act shall not attract any charges by Government .