[ Home ] [ Speeches & statements ]

The Department of Health has received hundreds of applications from organisations that state they require more time to effect structural changes to their premises in order to comply with the provisions of Tobacco Products Control Amendment Act.

The Act makes it an offence to smoke in an enclosed public place - including a work place - except in a special smoking area, totally closed off from the rest of the building and with a separate ventilation system. In the case of restaurants, casinos, clubs and similar public places, the smoking area should not constitute more than 25% of the floor area of the establishment. This aspect of the Act comes into effect on 1 January 2001.

The Act also bans advertising by tobacco products manufacturers and sponsorship by them. This aspect of the Act is effective from 23 April 2001.

Where structural changes are needed to achieve compliance with the restrictions on smoking in public places, an exemption of up to six months from the beginning of January may be given.

"We have had a flood of applications for exemption from a range of organisations - including restaurants, banks, old age homes, clubs and bars. In most cases, it is clear that the organisation has taken steps to meet the legal requirements but the necessary construction work simply cannot be done by January 1, when authorities will begin to enforce the Act," says Blanche Pitt, the Health Department's Director for Health Promotion.

In most cases, exemption has been granted for a specific period and is subject to a requirement that the company report back to the Department. "But where the application is vague and fails to indicate time-scales or clear details of proposed construction work, we do not simply grant an exemption. Instead we reserve our decision and request more information," Ms Pitt explains.

"The need for exemptions was foreseen when we drafted the regulations and it was catered for. The fact that we are now granting exemptions certainly doesn't indicate that we are softening or compromising our position on strict control of smoking in public places. Proprietors and managers of public places can expect to see the law come into effect from the beginning of the year.

"We have held workshops in all provinces to ensure that environmental health officers and law enforcement agencies are in a position to respond to complaints from the public and investigate premises where smoking has not been appropriately controlled."

Owners or managers of public places which have not made provision for the stipulated separation of smoking areas have two options.
- To make the entire establishment smoke-free and erect the appropriate signs.
- To seek exemption before the end of the year.

If they fail to do so, a complaint from any member of the public could result in an investigation and subsequent legal action. The Act provides for a penalty of R200 for any one who smokes in a non-smoking area in public place or work place.

"We believe that companies are taking the Tobacco Products Control Act seriously. Not everybody likes it but many people - especially senior managers who have a responsibility to their workers and clients - recognise that it serves a good social purpose. We are willing to bend a little to help companies get in line with the law - but we will not be accommodating to those who think they can simply flout the law."

Ms Pitt says that regulation of smoking in public places and work places will be largely complaints driven. It will depend on members of the public coming forward to report non-observance of the Act.

Reports can be made to the environmental health section of provincial and municipal health departments. In addition to that, a central toll-free number will shortly come into operation to facilitate monitoring and identification of establishments where multiple infringements are occurring.

Members of the public can also get information and advice from:
* Department of Health -- 012 312 0166/5.
* Cancer Association -- 0800 22 66 22 (toll free).
* National Council against Smoking - 011 720 3145

Requests for exemption on the grounds of structural renovation can be made before 1 January 2001 to:
The Director-General, Health Department
Fax: 012 326 4373
Inquiries to: Tel: 012 312 0166/5

Media inquiries to:
Blanche Pitt - 082 822 6426
Jo-Anne Collinge - 082 787 0202

Issued by the Department of Health

<EOD>