NATIONAL TOBACCO CONTROL ACT, 2015

CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS

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NATIONAL TOBACCO CONTROL ACT 2015

EXPLANATORY MEMORANDUM

This Act provides the legal framework for the protection of present and future generations of Nigerians from the devastating health, social, economic and environmental consequences of tobacco use and exposure to tobacco smoke; and to give effect to the obligations to protect citizens against tobacco-related harms in the promotion of health and other human rights as contained in the WHO Framework Convention for Tobacco Control and other related treaties to which Nigeria is a Party.

ARRANGEMENT OF SECTIONS

PART 1-OBJECTIVES

1. Objectives.

PART II – NATIONAL TOBACCO CONTROL COMMITIEE AND THE TOBACCO CONTROL UNIT

2.       Establishment of National Tobacco Committee,

3.       Cessation of Membership of Committee.

4.       Quorum and Committee’s proceedings.

5.       Functions of the Committee.

6.       Tobacco Control Unit.

7.       Functions of the Unit.

PART III – TOBACCO CONTROL FUND

8.       Funding of Committee.

PART IV – REGULATION OF SMOKING

9.       Prohibition of Smoking in public places.

10.     Duties of persons who own or control public places.

11. Penalties for non compliance.

PART V – PROHIBITION OF TOBACCO ADVERTISING, PROMOTION AND SPONSORSHIP

12.     Prohibition on Tobacco Advertising, Promotion, and Sponsorship.

13. Required disclosures.

14. Penalties for non-compliance.

PART VI – TOBACCO PRODUCT SALES

15.     Prohibition of sale or access to tobacco products to persons below 18 years of age.

16.     Penalties for non-compliance.

PART VII – REGULATION OF TOBACCO PRODUCTS, TOBACCO PRODUCT CONTENTS AND EMISSIONS DISCLOSURES

17. Regulation of Standard of tobacco products.

18. Product content and emissions reporting,

19. Penalties for non-compliance.

PART VIII -TOBACCO PRODUCT PACKAGING AND LABELING

20.     Health warnings and other information required on tobacco product packaging and labeling.

21. Prohibition on misleading packaging, labeling and product design, regulation of promotional features.

22.     Date for compliance with new regulations.

23.     Duties not diminished by compliance with this Part.

24.     Penalties for non-compliance.   ‘

25.     Limitation on interactions between government and the tobacco industry,

26.     Awareness raising and public education.

27.     Prohibition on voluntary contributions from the tobacco industry.

28.     Prevention and management of conflicts of interest.

PART IX – LICENSING OF TOBACCO DEALER

29.     Application for licence.

30.     Measures to prevent illicit trade in tobacco products.

PART X – ENFORCEMENT

3 I. Investigation and Enforcement.

32.     Powers of authorised officers.

33.     Protection of tobacco control policies.

34.     Penalties.

35.     Search warrants procurement.

36.     Restoration Order.

37.     Forfeiture.

PART XI EDUCATION, COMMUNICATION, TRAINING AND PUBLIC AWARENESS

38.     Training and public awareness campaign.

PART XII MISCELLANEOUS

39.     Power to make regulations.

40.     Evaluation.

41.     Protection from retaliation

42.     Application of penalties for non-compliance.

43.     Price and tax measures.

44.     Repeal.

45.     Interpretation.

46.     Citation.

SCHEDULES

NATIONAL TOBACCO CONTROL ACT, 2015

An Act to Regulate and control the production, manufacture, sale, advertising, promotion and sponsorship of tobacco or tobacco products in Nigeria; and for related matters.

[26th Day of May, 2015]          Commencement.]

ENACTED by the National Assembly of the Federal Republic of Nigeria-

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