New Anti-Tobacco Bill to Hit Industry Hard (fwd)

[rob@essential.org]

 Anastasios Kotsikonas
Reply-To: rob@essential.org
From: rob@essential.org
To: Multiple recipients of list INTL-TOBACCO <intl-tobacco@essential.org>
New Anti-Tobacco Bill to Hit Industry Hard
by DAGI KIMANIKE
Source: The East African, Tuesday, 10/5/99

September 29 - October 5, 1999

KENYA'S LONG-awaited anti-tobacco bill will effect unprecedented changes
in the retailing and advertising of cigarettes in the country, The
EastAfrican has learnt.

The bill, which is expected to be tabled in parliament by the end of this
year or early next year, has already been sent to the Ministry of Health
for final approval.

The bill is expected to align Kenya's anti-tobacco legislation with laws
in much of the developed world, where strong anti-smoking lobbies have
forced governments to impose strict controls on the sale and use of
tobacco.

Kenya's draft bill proposes to place the production and marketing of all
tobacco products under the control of a Tobacco Products (Regulatory)
Board, which will consist of at least 11 members drawn from various
sectors.

The board will oversee the quality of tobacco products on sale, including
prescribing the maximum levels of tar and nicotine content and carbon
monoxide yields, in line with ISO standards.

In a measure intended to limit access to cigarettes by minors, the draft
bill proposes that all tobacco products should at all times be kept behind
the counter at retail outlets. This, in effect, means that hawkers and
vendors will not be allowed to sell cigarettes on the streets.

In another radical departure from current retailing practices, cigarette
will only be sold in packets, with a prescribed minimum of 20 cigarettes
per pack.

The apparent prohibition on the sale of loose sticks is expected to
discourage the purchase of cigarettes by minors by making smoking an
expensive habit.

Retailers will also be required by law to display conspicuous signs, in
both English and Kiswahili, stating that the sale and distribution of
tobacco products to those under 18 years is prohibited. To further make
cigarettes inaccessible to minors, no tobacco products will be allowed to
be distributed by mail, except between manufacturers and retailers.

Only tobacco products which display details about emissions and their
potential health hazards will be allowed for sale in Kenya. Manufacturers
or distributors who contravene this requirement will be liable upon
conviction to a fine not exceeding Ksh500,000 ($7,000), or to a jail term
of up to three years.

In another significant departure from current practice, the bill proposes
to ban the distribution of free tobacco products and branded merchandise
such as T-shirts, hats and bags with cigarette brand names or insignia for
promotional purposes

Cigarette manufacturers will also be prohibited from marketing their
products through the promotion or sponsorship of sporting, cultural,
artistic, recreational or entertainment programmes. Those who contravene
this rule risk a fine of up to $7,000, or a jail term of up to three
years.

The bill is the latest effort by Kenyan health authorities to regulate the
tobacco industry in Kenya, which local health experts blame for the rising
incidence of cancer, heart and other diseases.

In a commentary in the September issue of Healthline, a medical journal
published by the Institute of Health Research and Services in conjunction
with the Kenya Association of Physicians, Nairobi lawyer D.O. Rachier says
the bill should go a long way to controlling tobacco use in Kenya
"provided it is backed by a well-defined policy and commitment."

An earlier attempts to control the tobacco industry in Kenya was made in
the 1980s by Health Minister Mr Arthur Magugu. In a legal notice dated
July 31, 1984, Mr Magugu enforced the printing of the warning Cigarette
Smoking Can be Harmful to Your Health, in English and Kiswahili, on all
cigarette packets.

Under pressure from a growing anti-smoking lobby and international health
agencies, Kenyan health authorities have been toying with the idea of
enacting more stringent anti-tobacco legislation since 1995, when the
first anti-tobacco bill was drafted, and then shelved without explanation.

If enacted, the anti-tobacco bill would be the latest in a long list of
health Acts, which include the Radiation Protection Act, which came into
force on November 1, 1994, and the Chang'aa Prohibition Act, enacted on
August 15, 1980.





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