Decree 11-2007 Tobacco Consumption and Sale Regulations

Translation
Tobacco Consumption and Sale Regulations

Decree 11/2007 of 30 May 2007
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Council of Ministers Decree 11/2007
30 May 2007
It has become necessary to regulate the consumption of tobacco and exposure

to tobacco smoke in enclosed public or private, communal or individual places,
by enacting rules to prohibit tobacco smoking in public places. Therefore, under
article 204 (1) (f) of the Constitution of the Republic, the Council of Ministers now
decrees as follows:
Article 1
The Tobacco Consumption and Sale Regulations, which are attached to this
decree and are an integral part hereof, are hereby approved.
Article 2
The consumption of tobacco is prohibited in public places and communal
environments, and the proprietors of these places shall establish smoking areas
and non-smoking areas.
Article 3
This decree enters into force 180 days after its publication.
Approved by the Council of Ministers on 27 March 2007.
Let it be published.
The Prime Minister, Luísa Dais Diogo

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Decree 11/2007 of 30 May 2007
Table of Contents
CHAPTER I General Provisions ...................................................................................... 3

ARTICLE 1 Definitions ............................................................................................. 3
ARTICLE 2 Principles .............................................................................................. 4
CHAPTER II Reduction of demand for tobacco ............................................................... 4
ARTICLE 3 Prices and taxes to reduce demand for tobacco ................................... 4
ARTICLE 4 Smoking ban ......................................................................................... 4
ARTICLE 5 Spaces for smokers/smoking areas ...................................................... 5
ARTICLE 6 Packaging an labelling of the contents of tobacco products .................. 6
ARTICLE 7 Deceptive advertising and contents of tobacco product packaging ....... 6
ARTICLE 8 Advertising bans ................................................................................... 8
ARTICLE 9 Demand reduction measures concerning tobacco dependence and
cessation ................................................................................................................. 8
CHAPTER III Reduction of supply of tobacco .................................................................. 9
ARTICLE 10 Trade in tobacco products................................................................... 9
ARTICLE 11 Destination of confiscated products .................................................... 9
ARTICLE 12 Prohibition on sale of tobacco products to minors ............................. 10
CHAPTER IV Education ................................................................................................ 10
ARTICLE 13 Education, communication, training and public awareness ............... 10
CHAPTER V Sanctions ................................................................................................. 12
ARTICLE 14 Sanctions .......................................................................................... 12
CHAPTER VI Final and transitory provisions ................................................................. 12
ARTICLE 15 Responsibility for implementation ...................................................... 12

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Decree 11/2007 of 30 May 2007
CHAPTER I
General Provisions
ARTICLE 1
Definitions
For the purposes of these Regulations, the following terms shall have the
meanings indicated below:
a) Illicit trade: means any practice or conduct prohibited by law and which
relates to production, shipment, transport, receipt, possession, distribution,
sale or purchase, including all practices or behaviour intended to facilitate
such activity;
b) Tobacco advertising and promotion: subject to the provisions of legislation

on the matter, means any form of commercial communication,
recommendation or action with the aim, effect or likely effect of promoting the
consumption of tobacco products either directly or indirectly;
c) Tobacco control: means a range of strategies directed at reducing supply,

demand and the harmful effects of consumption and exposure to tobacco
smoke, which aim to improve the health of the population by eliminating or
reducing their consumption of tobacco products and exposure to tobacco
smoke;
d) Tobacco industry: means the range of tobacco manufacturers, wholesale

distributors, importers and exporters of tobacco products, including the supply
circuit;
e) Tobacco: means all products entirely or partly made of the leaf of tobacco as
raw material, which are intended to be used for smoking, sucking, chewing or
snuffing;
f) Tobacco sponsorship: means any form of contribution to any event, activity

or individual with the aim, effect or possible effect of promoting a tobacco
product or tobacco consumption either directly or indirectly.

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g) Smoking areas: means areas intended exclusively for tobacco use or
consumption of tobacco products, which are suitably isolated and have
appropriate ventilation;
h) Commercial smoking establishment: means an establishment whose

principal trade and primary business consists of the consumption and sale of
tobacco products to the general public;
i) Outside packaging and labeling: means, in relation to tobacco products,

any packaging or labelling used in the sale of tobacco products.
ARTICLE 2
Principles
1. Every person has the right to be informed of the health consequences,

addictive nature and mortal threat or risk posed by tobacco consumption and
exposure to tobacco smoke.
2. Normative and administrative measures should be implemented to protect all

persons from exposure to tobacco smoke.
CHAPTER II
Reduction of demand for tobacco
ARTICLE 3
Prices and taxes to reduce demand for tobacco
Tax policies and, where applicable, high-price policies, which contribute to the
health objectives aimed at reducing tobacco consumption, shall be applied on
tobacco products.
ARTICLE 4
Smoking ban
1. The use of cigarettes, cigars, pipes or any other smoking product derived
from tobacco is prohibited in enclosed communal or public places, such as
public departments, hospitals, schools, libraries, work environments, theatres,
cinemas and restaurants, except in places designated for smokers or for
tobacco consumption.
2. Smoking is prohibited in all State institutions.

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3. Smoking is prohibited in aeroplanes and other vehicles for public or private
communal transport.
4. Smoking is prohibited in airports and in enclosed bus terminals, train

terminals and passenger ship terminals.
5. The production, sale, import and distribution of food products in the form of
cigarettes, cigars or any other smoking product, whether derived from tobacco
or not, is prohibited.
ARTICLE 5
Spaces for smokers/smoking areas
1. Consumption of tobacco products is permitted in the following public spaces

or areas:
a) Smoking establishments;
b) Bars, discothèques, restaurants and other public places whose main

business is the sale of alcoholic beverages, subject to compliance with
the provisions of paragraph 2 of this article;
c) Night clubs, casinos and other places whose main business is the
provision of entertainment, subject to compliance with the provisions of
paragraph 2 of this article;
d) Hotels, inns, lodgings, guest houses other places offering

accommodation for hire, subject to compliance with the provisions of
paragraph 2 of this article;
e) Ships, ferry-boats, trains, airports, ports and railway stations, road

terminals and work places, subject to compliance with the provisions of
paragraph 2 of this article.
2. Every employer, manager or licensed operator of the places described in

paragraph 1 of this article shall designate an area or space for smokers and
ensure that:
a) The smoking area does not exceed 25% of the total public space;
b) The smoking area is separated from the rest of the public space by
solid walls with a door which shall have a sign saying “área para
fumadores” [“smoking area”] in black letters that are at least 2 cm high
and 1.5 cm wide;

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c) The ventilation of the smoking area shall be directed to the outside of
the building and not re-circulate to other areas;
d) A message shall be placed at the entrance to the smoking area, with

the following words: “O tabaco é prejudicial para a sua saúde, saúde
das crianças,mulheres grávidas, mães lactentes e não fumadores”
[“Smoking is harmful to your health and the health of children, pregnant
women, breastfeeding mothers and non-smokers”];
e) Notices and signs indicating areas where smoking is permitted and not
permitted shall be displayed permanently, and signs indicating that
smoking is permitted shall contain the following warning: “Qualquer
pessoa que não cumprir com este aviso será processado e incorre em
pagamento de multa, nos termos da legislação aplicável à matéria”
[“Any person who does not comply with this notice will be prosecuted
and will be liable to pay a fine, in terms of the applicable legislation”];
f) Operators of passenger ships registered in Mozambique shall

designate not more than 25% of the total accommodation as smoking
areas;
g) Operators of trains running in Mozambique which have more than 10

carriages may designate no more than 25% of the entire train as
smoking areas. If the train has fewer than 10 carriages, only one
carriage may be designated as a smoking area.
ARTICLE 6
Packaging an labelling of the contents of tobacco products
Manufacturers and importers of tobacco products shall disclose to the competent

authorities, namely, the Ministries of Health, Industry and Trade and Finance,
information about the contents and emissions of tobacco products. This
information shall be supported by certificates from internationally recognised
laboratories in accordance with the International Standards Organisation (ISO)
and shall contain details of the following substances: nicotine, carbon dioxide and
tar.
ARTICLE 7
Deceptive advertising and contents of tobacco product packaging
1. All forms advertising that promote a tobacco product by any means that are
false, misleading or deceptive or capable of creating an erroneous impression
about its characteristics, health effects, hazards or emissions are prohibited.

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2. All advertising, promotion and sponsorship of tobacco and tobacco products
shall be accompanied by a warning or message stating that smoking is a
health risk or indicating the harmful effects associated with tobacco use.
3. Tobacco product packaging and labelling must not promote a tobacco product
by any means that are false, misleading, deceptive or capable of creating an
erroneous impression about its characteristics, health effects, hazards or
emissions, including terms or expressions, descriptors, manufacturing marks,
trademarks, figurative signs or any other type of sign, which directly or
indirectly create the false impression that a particular tobacco product is less
harmful than other tobacco products.
4. Each unit packet and package of tobacco products and any outside
packaging and labelling of such products shall carry health warnings
describing the harmful effects of tobacco consumption, and may include other
appropriate messages.
5. The health warnings on unit packets and packaging of tobacco products shall:
a) Be large, clear, visible and legible;
b) Occupy 30% or more of the front of the packaging and 25% of the
back;
c) The maximum acceptable nicotine and tar content for each tobacco
product shall be 1.5% g and 15% g, respectively.
6. Each unit packet and package of tobacco products and any outside
packaging and labelling of such products shall, in addition to the warnings
specified in paragraph 2 of this article, contain information about relevant
constituents and emissions of tobacco products, as defined by the competent
national authorities.
7. The warnings describing the harmful effects of tobacco consumption

appearing on each unit packet and package of tobacco products shall be in
the Portuguese language. Warnings on imported packets and packages shall
appear in Portuguese and must, in addition, be no less illustrative and clear
than those provided for in these regulations.
8. The use of food packaging that imitates or resembles the packaging or image
of cigarettes and the use of names and trademarks pertaining to smoking
products, whether they are derived from tobacco or not, are prohibited.

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ARTICLE 8
Advertising bans
1. The use of direct or indirect incentives that encourage the purchase of

tobacco products by the public is prohibited.
2. The disclosure by the tobacco industry and by relevant governmental

authorities of all expenditures by the tobacco industry on advertising,
promotion and sponsorship is prohibited.
3. Tobacco advertising in the public mass media, on radio, television, print and
other media, is prohibited.
4. Tobacco product advertising on covers of magazines and similar publications

is prohibited.
5. Tobacco product advertising on bill boards, posters, murals, at public

transport stations and similar places on public roads is prohibited.
ARTICLE 9
Demand reduction measures concerning tobacco dependence and cessation
1. The Ministry of Health shall, for the purpose of demand reduction in relation to
tobacco dependence and cessation, establish appropriate, comprehensive
and integrated strategies based on scientific evidence and best practices,
taking into account national circumstances and priorities, and shall take
effective measures to promote cessation of tobacco use and adequate
treatment for tobacco dependence.
2. For the purposes set out in the paragraph 1 of this article, the Ministry of
Health shall:
a) Create and implement effective programmes to promote the cessation

of tobacco use, in such locations as educational institutions, health
care facilities, workplaces and cultural and sporting environments;
b) Include diagnosis and treatment of tobacco dependence and

counselling services on cessation of tobacco use in national health and
education programmes, plans and strategies, with the participation of
health professionals, community workers and social workers as
appropriate;
c) Establish in health care and rehabilitation centres programmes for

diagnosing, counselling, preventing and treating tobacco dependence;

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d) Facilitate accessibility and feasibility of treatment for tobacco
dependence including pharmaceutical products. Such products and
their constituents may include medicines, products used to administer
medicines and diagnostics when appropriate.
CHAPTER III
Reduction of supply of tobacco
ARTICLE 10
Trade in tobacco products
1. The sale of tobacco products by mail order, distribution of samples and gifts
and the sale of tobacco products in educational and health care
establishments are prohibited.
2. The sale of tobacco products and the distribution of samples and gifts of
tobacco products in public administration establishments are prohibited.
3. Effective administrative or other measures shall be established in regulations,

to ensure that all packets and packages of tobacco products and all outside
packaging of such products are marked to enable the origin of tobacco
products to be determined.
4. Each unit packet of tobacco product used for sale shall carry the statement:
“Venda autorizada” [“Authorised sale”];
5. National legislation shall be applied without prejudice to relevant bilateral or

multilateral cooperation agreements.
ARTICLE 11
Destination of confiscated products
Confiscated contraband products, derived from counterfeiting and contraband,

shall be destroyed using environmentally-friendly methods, in accordance with
national legislation:
a) The Mozambican government shall adopt measures to monitor,

document and control the storage and distribution of tobacco products
held or moving under exemption of taxes or customs duties within its
jurisdiction;

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b) Proceeds derived from the illicit trade in tobacco products shall be
confiscated and these funds shall revert in favour of the State to be
used for initiatives aimed at reducing illicit trade.
ARTICLE 12
Prohibition on sale of tobacco products to minors
1. Sales of tobacco products to persons under 18 years of age, as determined

by legislation, are prohibited.
2. Towards this end, all vendors of tobacco products shall:
a) Place a clear and prominent indicator inside their point of sale about
the prohibition of tobacco sales to persons under the age of 18 and, in
case of doubt, require that the purchaser provide appropriate evidence
of having reached the age of majority;
b) Not place tobacco products for sale where they are directly accessible,
such as on market or supermarket shelves;
c) Not sell sweets, snacks, toys or any other objects in the form of
tobacco products which can appeal to minors;
d) Ensure that tobacco vending machines under their control are not
accessible to minors.
3. The distribution of free tobacco products to the public, and especially to

minors, is prohibited.
CHAPTER IV
Education
ARTICLE 13
Education, communication, training and public awareness
Public awareness about tobacco control issues shall be raised using all available
communication tools, as appropriate.
a) The public shall have access to effective and comprehensive

educational and public awareness programmes on the health risks,
including the addictive characteristics of tobacco consumption and
exposure to tobacco smoke;

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b) The public shall be made aware about the health risks of tobacco
consumption and exposure to tobacco smoke, and about the benefits
of the cessation of tobacco use and tobacco-free lifestyles;
c) The mass media, both private and public, shall play a role in educating
the public against smoking;
d) Civil society organisations shall include in their work programmes a

component on education about tobacco control issues;
e) The public shall have access, in accordance with national legislation, to

a wide range of information on the tobacco industry, as relevant to the
objective of these regulations;
f) Tobacco producing industries are prohibited from sponsoring,

supporting or collaborating in public health campaigns;
g) Health workers, community workers, social workers, media

professionals and educators shall participate in or benefit from effective
and appropriate training or sensitization programmes to raise
awareness about control of tobacco consumption;
h) Awareness shall be raised among public and private agencies and

non-governmental organisations not affiliated with the tobacco industry
to promote their participation in developing and implementing
intersectoral programmes and strategies for tobacco control;
i) Public awareness shall be raised and the public shall have access to
information about the adverse health, economic, and environmental
consequences of tobacco production and consumption;
j) Health care and educational institutions shall implement environmental

tobacco smoke-free programmes;
k) School books or teaching programmes shall include specific education

about tobacco control at every level of education.

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CHAPTER V
Sanctions
ARTICLE 14
Sanctions
1. Infractions against the provisions of these regulations shall be punished as

follows: for the first offence, a fine equivalent to 5 times the minimum monthly
wage; for the second offence, a fine equivalent to 10 times the minimum
monthly wage; for a repeat offence, a fine equivalent to 20 times the minimum
monthly wage; and for more than one repeat offence, suspension of business
for between 1 and 4 months.
2. For sales of tobacco products to minors or by minors, offenders shall be

punished as follows: for the first offence, a fine equivalent to 10 times the
minimum monthly wage; for a repeat offence, a fine equivalent to 20 times the
minimum monthly wage; and for more than one repeat offence, suspension of
business for between 1 and 3 months or cancellation of registration.
3. For illicit trade in tobacco products, offenders shall be punished as follows: for
the first offence, a fine equivalent to 15 times the minimum monthly wage; for
a repeat offence, a fine equivalent to 40 times the minimum monthly wage;
and for one repeat offence, suspension or cancellation of business. Proceeds
of the illicit sales shall be confiscated immediately and destroyed in public.
4. For contraband in tobacco products, without prejudice to penalties applicable

under the customs legislation in force, the business shall be closed
permanently and the tobacco products shall be confiscated and destroyed in
public.
CHAPTER VI
Final and transitory provisions
ARTICLE 15
Responsibility for implementation
The Ministries of Health, Industry and Trade, Agriculture, Finance and Internal
Affairs are responsible for ensuring and adopting the rules necessary for the
implementation of this decree.

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Tobacco Consumption and Sale Regulations

CAL is an initiative of www.mozlegal.com.

CAL is supported by GTZ – APSP.

Centro de Arbitragem Laboral / Labour Arbitration Center

It has become necessary to regulate the consumption of tobacco and exposure

Approved by the Council of Ministers on 27 March 2007.

The Prime Minister, Luísa Dais Diogo

Centro de Arbitragem Laboral / Labour Arbitration Center

CHAPTER I General Provisions ...................................................................................... 3

Centro de Arbitragem Laboral / Labour Arbitration Center

b) Tobacco advertising and promotion: subject to the provisions of legislation

c) Tobacco control: means a range of strategies directed at reducing supply,

d) Tobacco industry: means the range of tobacco manufacturers, wholesale

f) Tobacco sponsorship: means any form of contribution to any event, activity

Centro de Arbitragem Laboral / Labour Arbitration Center

h) Commercial smoking establishment: means an establishment whose

i) Outside packaging and labeling: means, in relation to tobacco products,

1. Every person has the right to be informed of the health consequences,

2. Normative and administrative measures should be implemented to protect all

2. Smoking is prohibited in all State institutions.

Centro de Arbitragem Laboral / Labour Arbitration Center

4. Smoking is prohibited in airports and in enclosed bus terminals, train

1. Consumption of tobacco products is permitted in the following public spaces

b) Bars, discothèques, restaurants and other public places whose main

d) Hotels, inns, lodgings, guest houses other places offering

e) Ships, ferry-boats, trains, airports, ports and railway stations, road

2. Every employer, manager or licensed operator of the places described in

Centro de Arbitragem Laboral / Labour Arbitration Center

d) A message shall be placed at the entrance to the smoking area, with

f) Operators of passenger ships registered in Mozambique shall

g) Operators of trains running in Mozambique which have more than 10

Manufacturers and importers of tobacco products shall disclose to the competent

Centro de Arbitragem Laboral / Labour Arbitration Center

a) Be large, clear, visible and legible;

7. The warnings describing the harmful effects of tobacco consumption

Centro de Arbitragem Laboral / Labour Arbitration Center

1. The use of direct or indirect incentives that encourage the purchase of

2. The disclosure by the tobacco industry and by relevant governmental

4. Tobacco product advertising on covers of magazines and similar publications

5. Tobacco product advertising on bill boards, posters, murals, at public

a) Create and implement effective programmes to promote the cessation

b) Include diagnosis and treatment of tobacco dependence and

c) Establish in health care and rehabilitation centres programmes for

Centro de Arbitragem Laboral / Labour Arbitration Center

3. Effective administrative or other measures shall be established in regulations,

5. National legislation shall be applied without prejudice to relevant bilateral or

Confiscated contraband products, derived from counterfeiting and contraband,

a) The Mozambican government shall adopt measures to monitor,

Centro de Arbitragem Laboral / Labour Arbitration Center

1. Sales of tobacco products to persons under 18 years of age, as determined

2. Towards this end, all vendors of tobacco products shall:

3. The distribution of free tobacco products to the public, and especially to

a) The public shall have access to effective and comprehensive

Centro de Arbitragem Laboral / Labour Arbitration Center

d) Civil society organisations shall include in their work programmes a

e) The public shall have access, in accordance with national legislation, to

f) Tobacco producing industries are prohibited from sponsoring,

g) Health workers, community workers, social workers, media

h) Awareness shall be raised among public and private agencies and

j) Health care and educational institutions shall implement environmental

k) School books or teaching programmes shall include specific education

Centro de Arbitragem Laboral / Labour Arbitration Center

1. Infractions against the provisions of these regulations shall be punished as