Compliance and enforcement tool kit

Tobacco Control Act

Tobacco control Regulations

Ministry of Health, Uganda

Introduction
The purpose of this tool kit is to provide guidance to authorized officers, who are responsible for
administrating compliance and enforcement of the Tobacco Control Act and Tobacco Control Regulation.
This tool kit also references legislation and bylaws that may impact enforcement activities. In particular, the
following are referenced:
● Public Health Act
● National Environment Management Act
● National Bureau of Standards Act
● Uganda Revenue Act
● Uganda Police Act

This tool kit does not supersede the Act and the Regulation and in case of consistency, the provision of the
Act and regulation will prevail.

Overview of the Tobacco Control act and the regulation

The Act and the Regulations confer powers and impose requirements and restrictions, which are relevant to
the work of tobacco enforcement officials. Some of these powers and requirements include:
● Restriction on smoking tobacco and its related products in public places, workplaces and means of
public transport.
● A comprehensive ban on tobacco advertising, promotion and sponsorship.
● Packaging and labelling of a tobacco product to a required standard set by the minister responsible
for the health.
● Restriction of sale, supply and use of tobacco products to minors and by minors.
● Display of no smoking notices.
Responsible stakeholders in the implementation of the Law
1. The Tobacco Control Committee
Established under section 3(1) of the Act has the following role to play
 Implement the Act in accordance with WHO framework convention on tobacco control
  Coordinate and monitor tobacco control
 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
interest of the tobacco industry.

2. Authorized officers
These have powers
 to examine a tobacco product or anything referred to it by the Act,
 requires a person in a place or premises to produce for inspection a tobacco product, open or require
a person in the premises to open any container or package found in that place that the officer believes
on reasonable grounds contains a tobacco product,
 take or require a person to produce a sample of the tobacco product found in any premise and submit
the sample to any test
 Confiscate or destroy a tobacco product that does not conform to the provision of the Act
Note: the powers to destroy a tobacco product can only be exercised after a court order and in conformity
with the National Environment Act.

Assessing compliance with the law

1. Authority for assessing compliance
Authorized officer under the Act are responsible for assessing whether compliance is occurring and these
get their authority from section 26 of the Act which provides that
Section 26:
1. The Minister may, by notice in the Gazette, appoint a person or class of persons to be authorised officers,
for the purposes of the Act
2. The Minister shall issue a certificate of appointment to every person appointed under this section.
Note:
Minister is the minister responsible for health.
To appoint means to assign a job or position to someone
Checklist for authority to assess compliance
● Minister responsible for health can appoint a person or class of persons to be authorized officers
 ● The minister shall issue a certificate of appointment to every person appointed.

2. Prohibition of smoking in public places, workplaces and means of public transport

1. A person shall not smoke in a public place, workplace or in any means of public transport.
2. A person shall not smoke in any outdoor space that is within 50 meters of any public place,
workplace, public transport terminal, any window, door, or air intake mechanism of any public place,
workplace, place of service ro consumption of food or drink or a place designated a non-smoking
area by the person responsible for the premises
Note:
● A public place includes an area, permanent or temporary that is accessible to the general place 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
● Workplace means an area in which a person performs the duties of employment or work.

Checklist for places where smoking is prohibited

➔ Court buildings, factories, hotels, bars and restaurants, hospitals, clinics and other health institutions,
education institutions, premises in which children are cared for, public places of worship, prisons,
police cells, public services vehicles and other means of public transport, public transport terminals
including airports and airfields, retail establishments including markets and shopping malls, cinemas
and theatrical performance halls and sports stadia.
➔
3. Display of notices
Section 13
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 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 regulation.

Checklist
 ● Premise where smoking is prohibited including Court buildings, factories, hotels, bars and
restaurants, hospitals, clinics and other health institutions, education institutions, premises in which
children are cared for, public places of worship, prisons, police cells, public services vehicles and
other means of public transport, public transport terminals including airports and airfields, retail
establishments including markets and shopping malls, cinemas and theatrical performance halls and
sports stadia.
● The notice must be displayed in a conspicuous place
● A clear and prominent notice in the English language, Swahili and the language commonly used in
the area
● A notice showing that smoking is prohibited with the prescribed penalty

Sale and display of tobacco and tobacco product

Section 16(1) a person shall not sell, arrange to sell or enable or facilitate a sale or buy a tobacco product in
a place specified in the fourth schedule of the Act
Checklist of prohibited places
● Hospitals, clinics and other health institutions and area within 50 meters from those premises
● Educational institutions and the area within 50 meters from those premises
● Premises in which children are cared for and the area with 50 meters for those premises
● Public places of worship and the area with 50 meters from those premise
● Prisons
● Police cells
● Public transport terminals including airports and airfields and 50 meters from those premises
● Cinemas and theatrical performance halls and a distance of 08 up to 50 meters from those premises
● Sports stadia and a distance of up to 50 meters from those premises

Section 16(2) a person shall not import, manufacture, distribute, process, sell, offer for sale, or bring into the
country certain tobacco products
Checklist for ban tobacco and tobacco products
● An electronic nicotine delivery system, including the electronic vaporisation device or cartridges with
nicotine-containing liquid or other substance to be vaporized
 ● A water pipe tobacco delivery system including the water pipe device or the water pipe tobacco
products or other substance to be used in the water pipe delivery system
● 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 sale transaction

A person shall not sell tobacco products using certain means

Checklist of banned means of sale
● Through an automated vending machine
● Delivery, mail order or via the internet, telecommunication or any other mean through which the
age of the person cannot be ascertained
● By any other means in which the purchaser and seller are not in the same physical location
Note:
 That the penalty for selling tobacco using the prohibited means on conviction is to pay a fine of
twenty four currency points
 The person can also be imprisoned for a period of not less than one year.
 Pay both fines and be imprisoned
A part from the penalty of twenty four currency points, a court of law can also give other orders and these
include
 Seizure of the prohibited material at the cost of the offender
 Forfeiture of the prohibited material
 Destruction of the prohibited material
Prohibition of the supply of tobacco and tobacco products to and by minors
It is illegal for a person to employ or involve a minor in any of the following activities
 Cultivation, Harvesting, Growing, Curing, Manufacturing, Importation, Distribution, Selling or
offering for sale, purchasing of tobacco and its products
 Any other tobacco activity related.
Note: Employment is
A person also shall not import, manufacture, distribute, sell or offer for sale tobacco in any of the following
forms
 A sweet, snack, toy and any other object
 An object which resembles, mimics or imitates a tobacco product which may appeal to a minor.
Note: Minor is a person below the age of 18 years old.
A person cannot claim that he or she did not know that the person is a minor.

Penalty.
A person who violates this provision of the law commits an offense and on conviction can be subjected to
 A fine of not less than one hundred currency points
 Imprisonment for term not less than one year
 Pay a fine and imprisoned.
Where it is corporate entity, in addition to paying a fine of not less than one hundred currency points or
imprisonment, the court will also impose the following penalty
 Impose a fine of not less than one thousand currency points
 Order for the surrender of any proceeds of sale of the tobacco to government
 Suspend the training license for a period of not less than six months
 Order for seizure, forfeiture or destruction of the prohibited material.

Note: a director, manager or officer of the corporate entity can be personally held liable.

It is illegal for a person to import, manufacture, distribute, sell or offer for sale a tobacco. [Section 18 (1)
 Tobacco product must conform to the standards on contents and emissions.
 Standards must be set by the minister responsible for health.
A person who to import, manufacture, distribute, sell or offer for sale a tobacco product without the required
standards on contents and emissions commits and offence and on conviction can face the following
penalties.[section 18(2)
 Pay a fine of not less than twenty four currency points.
 Be imprisoned to a term not less than one year.
 Pay a fine and be imprisoned
Where a person who is convicted in violation of the law is a corporate entity, the court in addition may in
addition to a fine of not less than twenty four currency points or imprisonment to a term not less than one
year, order the following
 Impose a fine of not less than one thousand currency points
 Order for the surrender of any proceeds of sale of the tobacco to government
 Suspend the training license for a period of not less than six months
 Order for seizure, forfeiture or destruction of the prohibited material.

Government interactions with the tobacco industry prohibited [section 20, 21]
A person, body or entity that is involved in any of the following is prohibited from interacting with the
tobacco industry
 Formulation, implementation, administration, enforcement or monitoring public health policies on
tobacco control.
 Enter into a partnership of any kind with the tobacco industry
 Any non-binding or non-enforceable agreement, memorandum of understanding in the place of
legally enforceable tobacco control measures
 Direct or indirect financial or resource contribution or involvement on any manner in any initiative,
campaigns directly or indirectly related to tobacco control or public health, including but not limited
to, youth access and education programmes, public education campigns and other initiatives,
 Proposals, drafts or offers of assistance with the development or implementation of any tobacco
control policies.
Note: interaction can be allowed where it is strictly necessary for the effective regulation of the tobacco
industry or a tobacco product and it must be transparent.
Penalty for violation of the said provisions.
 Cancellation of the partnership, endorsement, memorandum of understanding or any agreement
 Forfeiture of the contribution from the tobacco industry
 Revocation of the incentive, benefits, privilege or preferential tax exemptions if any
Prohibition of incentives or privileges to tobacco business [section 23]
It is illegal for a person who contributes to the formulation, implementation, administration, enforcement of
public health policies on tobacco control to do the following acts for the tobacco business
 Provide incentives, benefits, privileges or preferential tax exemptions
  Invest in the tobacco industry or related ventures
 Establish or operate a tobacco manufacturing, wholesales or import business
 Giving any incentive or offer privileges related to any phase of the production or marketing of
tobacco products or business.
Penalty for violation of the said provisions.
 Cancellation of the partnership, endorsement, memorandum of understanding or any agreement
 Forfeiture of the contribution from the tobacco industry
 Revocation of the incentive, benefits, privilege or preferential tax exemptions if any