Advanced Search

Tobacco Control Act


Published: 2008

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
2008, No. 26


AN ACT –
(a) to protect the health of the people of Samoa from
the diseases and premature death caused by
tobacco use and tobacco smoke exposure;
(b) to protect non smokers from the hazards posed
by tobacco smoke;
(c) to regulate the marketing, advertising, sale,
promotion and distribution of tobacco
products, whether directly or through the
sponsorship of other products, services or
events; and
(d) to monitor and regulate the presence of harmful
constituents in tobacco products.
[18th
July 2008]


2008, No.26 Tobacco Control 3

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

PART I
PRELIMINARY
1. Short title and commencement-(1) This Act may be
cited as the Tobacco Control Act 2008.
(2) This Act shall commence on a date nominated by the
Minister.
(3) Notice of commencement of this Act shall be published
in Samoan and English in the Savali.

2. Interpretation - In this Act, unless the context otherwise
requires:
“additive” means a substance that forms part of a tobacco
product that is not cured tobacco leaf; and includes:
(a) a substance forming part of the product that has been
derived or refined from tobacco leaf (whether
cured or not); and
(b) any substance that is introduced into a tobacco
product during processing, manufacturing, or
packaging, including, as applicable, those
contained in the paper, filter, portion pouch or
similar part of the tobacco product;
“air service operations” has the same meaning as defined in
the Civil Aviation Act 1998;
“Chief Executive Officer” means the Chief Executive
Officer of the Ministry;
“cigarette” means a tobacco product comprising a roll of cut
tobacco, enclosed in paper and includes the tobacco
product commonly known as a cigarello;
“constituents” in relation to tobacco products intended for
smoking, means the chemicals found in the product
itself, and in the smoke emitted from the product, and in
relation to smokeless tobacco products, constituents
mean the chemicals inherent in the tobacco itself;



4 Tobacco Control 2008, No.26

“company name” includes any corporate name, firm name
or business name, whether or not it is registered or
registrable under the Companies Act 1955, the
Companies Act 2001 or any other enactment;
“Court” means the Supreme Court of Samoa;
“craft” means:
(a) a craft used for air service operations;
(b) a ship as defined in the Shipping Act 1998;
“distributor” means a person engaged in the business of
selling tobacco products otherwise than at retail only;
“employee” means any person of any age employed under a
contract of service by an employer to do any work for
hire or reward;
“employer” means a person who employs any employee;
“enclosed” means an area within or on the premises or
vehicle that, when all its doors, windows, and other
closeable openings are closed, is completely or
substantially enclosed by:
(a) a ceiling, roof or similar overhead surface;
(b) walls, sides, screens or other similar surfaces; and
(c) those openings.
“health message” means a warning or an explanatory
statement or picture about the health effects of tobacco
use, the benefits of and/or suggestions for quitting, and
any other matter related to tobacco and health, as
prescribed by regulations made under the Act;
“hospital” means any facility providing inpatient care or
care for patients;
“internal flight” means a flight:
(a) between any two or more places in Samoa; or
(b) that commences from any place in Samoa and is
intended to terminate at that same place;
“licensed premises” has the same meaning defined in the
Liquor Act 1971;
“loose cigarettes” means cigarettes that are not contained in
a package;


2008, No.26 Tobacco Control 5

“loose tobacco” means -
(a) tobacco prepared for smoking in a hand-rolled
cigarette; or
(b) pipe tobacco;
“Minister” means the Minister of Health;
“Ministry” means the Ministry of Health;
“other message” means, in relation to messages on tobacco
packaging, other information relating to the social,
economic, cultural or other effects of tobacco use or
exposure to tobacco smoke, or advice on avoidance of
harms associated with tobacco use or exposure;
“package” means any pack, carton, wrapping, or other
container in which tobacco products are customarily
sold at retail and includes the packages label;
“premises” includes any part of a building, and any place or
part of a place;
“public place” means a place or vehicle that the public, or a
section of the public is entitled to use or that is open to,
or is being used by, the public or a section of the public
(whether on payment of money, by virtue of
membership of a club or other body, or otherwise);
“publish” means:
(a) insert in any newspaper or other periodical
publication which is printed, published, or
distributed in Samoa;
(b) send to any person, by post or otherwise;
(c) deliver to any person or leave upon premises in the
occupation of any person;
(d) broadcast within the meaning of the Broadcasting
Ordinance 1959;
(e) include in any film or video recording;
(f) include in any disk for use with a computer;
(g) disseminate by means of any other electronic
medium;
(h) distribute by any means;
(i) display by way of a sign, notice, poster or other
means; or
(j) bring to the notice of the public in Samoa in any
other manner;


6 Tobacco Control 2008, No.26

“resident” means:
(a) a citizen of Samoa within the meaning of the
Citizenship Act 2004;
(b) a permanent resident of Samoa who holds a
Permanent Resident Permit under the
Immigration Act 2004; or
(c) a company incorporated in Samoa;
“retailer” means a person engaged in any business that
includes the sale of tobacco products at retail;
“smoke-free area” means any public place but does not
include an exempt premise;
“smoking accessory” means any article or substance that is
used in conjunction with smoking, including cigarette
papers, pipe cleaners, cigarette lighters, lighter fuel,
ashtrays, and includes the packaging, carton, wrapping,
or other container in which smoking accessories are
customarily sold at retail;
“tobacco product” means any product made or
manufactured from tobacco and intended for use by
smoking, inhalation, or mastication and includes nasal
and oral snuff but does not include any medicine that is
sold or supplied wholly or principally for use as an aid
in giving up smoking;
“tobacco product advertisement” means any word, whether
written, printed, or spoken, including on film, video
recording, or other medium, broadcast or telecast, and
any pictorial representation, design, or device used to
encourage the use or notify the availability or promote
the sale of any tobacco product or to promote smoking
behaviour and includes:
(a) any depiction, in a film, video recording, telecast or
other visual medium of a tobacco product or a
tobacco product trade mark, where in return for
that depiction any money is paid, or any valuable
thing is given, whether to the maker or producer
of that film, video recording, telecast or visual
medium or to any other person; and


2008, No.26 Tobacco Control 7

(b) the use in any advertisement or promotion to the
public of a tobacco product manufacturer’s
company name where that name or any part of
that name is used as, or is included in, a tobacco
product trade mark, and “advertise” has a
corresponding meaning;
“tobacco sponsorship” means the public attribution,
acknowledgment, association or identification of a
tobacco manufacturer, importer, seller, brand, or product
with, on, or in connection with:
(a) an entertainment, sporting, recreational, educational,
cultural, or other public event or work;
(b) a person or team participating in such an event or
work, including his or her equipment, clothing,
and accessories;
(c) a service provided or contribution made by a tobacco
manufacturer importer or seller; or
(d) a building, institution, stadium, organisation or other
entity that is not a tobacco manufacturer,
importer or seller;
“to smoke” means to inhale or exhale the smoke from, or to
handle, a lighted tobacco product and “smoked” and
“smoking” have corresponding meanings;
“trade marks” includes any trade mark whether or not it is
registered or registrable as such under the Trademarks
Act 1972, and also includes:
(a) any brand name;
(b) any company name, where that name is used for
advertising or promotional purposes; or
(c) any name, word, or mark that so resembles any trade
mark that it is likely to be taken as, or confused
with, that trade mark;
“vending machine” means any self-service machine that:
(a) on the insertion of a coin or token or by any other
means, dispenses by way of sale tobacco
products, whether automatically or with the
assistance of the purchaser; and
(b) does not require replenishment between each sale;


8 Tobacco Control 2008, No.26

“vehicle” means bus, aeroplane, taxi, hire car, ferry or other
vessel;
“workplace” means any indoor or enclosed area that is
occupied by an employer and that employees usually
frequent during the course of their employment and
includes any vehicle, cafeteria, corridor, lift, lobby,
stairwell, toilet and washroom and also includes any
enclosed common areas and employer provided vehicles
normally used by employees, but does not include any
place which is primarily used as a residence occupied by
the employer.

3. Act to bind the Government - This Act binds the
Government.

PART II
SMOKE FREE ENVIRONMENT WHERE
PUBLIC HAS ACCESS
4. Purpose of this Part - The purpose of this Part is to
prevent, so far as is reasonably practicable, the detrimental
effects of smoking on the health of any person who does not
smoke, or who does not wish to smoke, inside any workplace or
in public enclosed areas.

5. Smoking prohibited in smoke-free area-(1) Subject to
this section, any person who smokes in a smoke-free area
commits an offence punishable by a fine not exceeding 10
penalty units.
(2) A person who performs in a theatre or other
performance space does not commit an offence under this
section by smoking during the performance if smoking is a
necessary part of the performance.

6. Occupier not to allow smoking in smoke-free
area-(1) An occupier must take all reasonably practicable steps
to ensure that no person smokes at any time in a smoke free
area.


2008, No.26 Tobacco Control 9

(2) An occupier who fails to comply with this section
commits an offence punishable by a fine not exceeding 20
penalty units.

7. Occupier to display signs-(1) The occupier of a smoke-
free area must display within the smoke free area signs stating
that smoking is not permitted.
(2) The signs required by subsection (1) must comply with
any requirements set out in regulations made under this Act.
(3) Any person who contravenes this section commits an
offence punishable by a fine not exceeding 20 penalty units.

PART III
EXEMPT PREMISES

8. Exempt premises-(1) In this Act, exempt premises
means any of the following premises that are not the subject of
a declaration in force under section 10:
(a) any place or premises that are the subject of a liquor
licence in force under the Liquor Act 1971, other
than:
(i) a part of the premises while that part
is being used as a dining area where meals
are ordered, served and consumed; or
(ii) a place or premises where liquor is
sold to the public but not for consumption at
that place or premises;
(b) the premises of a club with members, other than:
(i) a part of the premises while the part is
being used as a dining area where meals are
ordered, served and consumed; or
(ii) a part of the premises while the part is
being used for a function at which food is
served; or
(c) any premises, or class of premises, prescribed by the
regulations for the purposes of this definition.


10 Tobacco Control 2008, No.26

(2) Exempt premises do not include any part of premises
required to be designated as a smoke-free area under the
regulations.

9. Regulations for, and review of exempt premises-(1)
The regulations may make provision for or with respect to
requirements with which exempt premises must comply.
(2) The Ministry must review the provisions of sections 8,
9 and 10 at such time and in such phases as the Chief Executive
Officer requires.

10. Removal of exemption for premises-(1) The Chief
Executive Officer may declare that any particular premises
cease to be exempt premises if satisfied that any requirement of
this Act or the regulations has not been complied with in
relation to the premises.
(2) The Chief Executive Officer may only make a
declaration under this section:
(a) after having given the occupier of the premises
concerned:
(i) written advice that the Chief
Executive Officer is considering making a
declaration under subsection (1);
(ii) the reasons why the Chief Executive
Officer is considering making a declaration
under subsection (1); and
(iii) an opportunity to make a submission
within the period specified in the advice
(being not less than 14 days); and
(b) after having considered any submission made by the
occupier within that period.
(3) A declaration under this section:
(a) must be in writing;
(b) a copy of the declaration must be served on the
occupier of the place or premises concerned; and
(c) takes effect on the day on which the declaration is
served or on a later day specified in the notice.


2008, No.26 Tobacco Control 11

(4) The Chief Executive Officer may, at any time, revoke a
declaration under this section by notice in writing served on the
occupier of the premises concerned.

PART IV
SMOKE FREE WORKPLACES
11. Smoking prohibited in the workplace-(1) Smoking
in the work place is prohibited.
(2) Any person who smokes in a workplace commits an
offence punishable by a fine not exceeding 10 penalty units.

12. Employer not to allow smoking in the
workplace-(1) An employer must take all reasonably
practicable steps to ensure that no person smokes at any time in
a workplace.
(2) An employer who fails to comply with this section
commits an offence punishable by a fine not exceeding 20
penalty units.
13. Employer to display signs-(1) Every employer must
display signs at the workplace stating that smoking is not
permitted.
(2) The signs required by subsection (1) of this section
must comply with any requirements set out in the regulations.
(3) Any person who contravenes this section commits an
offence punishable by a fine not exceeding 20 penalty units.
14. Exemptions - Employers and persons shall not be
subject to the provisions of this Part if the workplace is a place
where smoking is permitted under this Act.

15. Liabilities of a body corporate – Where a body
corporate is convicted of any offence under this Act, every
director, manager and officer of the body corporate shall be
liable to be convicted of the same offence and fined in the same
manner as the body corporate unless the director, manager or
officer, as the case may require, establishes to the satisfaction of
the Court that the director or manager or officer, as the case


12 Tobacco Control 2008, No.26

may require, did not know and could not have taken reasonable
steps to have known that an offence under this Part was being or
had been committed by the body corporate.

PART V
TOBACCO PRODUCT CONTROL
16. Purpose of this Part - The purpose of this Part is:
(a) to reduce the social approval of tobacco use,
particularly among young people by:
(i) imposing controls on the marketing,
advertising, sale, promotion, packaging and
distribution of tobacco products and their
association through sponsorship with other
products and events; and
(ii) requiring health messages and other
information to be displayed on, or included
with, packages containing tobacco products;
and
(b) to reduce some of the harmful effects of tobacco
products on the health of users by monitoring
and regulating the presence of harmful
substances in the products and in tobacco smoke.

17. Advertising of tobacco products-(1) Subject to this
section and section 19, no person shall publish, or arrange for
any other person to publish, any tobacco product advertisement
in Samoa.
(2) Subsection (1) does not apply to any price list given to
retailers of tobacco products if the price list includes the health
messages required by or under this Part.
(3) Subsection (1) does not apply to any advertisement
included in any book, magazine, or newspaper printed outside
Samoa, or in any radio or television transmission originating
outside Samoa, or in any film or video record made outside
Samoa, unless:
(a) the principal purpose of the book, magazine,
newspaper, transmission, film, or video


2008, No.26 Tobacco Control 13

recording is the promotion of the use of tobacco
products;
(b) the book, magazine, newspaper, film or video
recording is intended for sale, distribution or
exhibition primarily in Samoa; or
(c) in the case of an advertisement in any radio or
television transmission, the advertisement is
targeted primarily at an audience within Samoa.
(4) Subsection (1) does not apply to the publication by a
tobacco products manufacturer of a tobacco product
advertisement in a magazine that is intended for distribution
only to employees of the manufacturer.
(5) Subsection (1) does not apply to -
(a) the exhibition, in any museum or art gallery, of any
work or artifact; or
(b) the dissemination, broadcasting, or exhibition of any
film, video recording, or sound recording, where:
(i) that film, video recording or sound
recording was made before the
commencement of this Act; and
(ii) the tobacco product advertisement
included in that film, video recording, or
sound recording is in the form of a reference
to, or a depiction of, a tobacco product trade
mark that is only an incidental part of that
film, video recording, or sound recording.
(6) Every person who, without reasonable excuse, publishes
any advertisement for a tobacco product in contravention of this
section commits an offence and is liable:
(a) in the case of a manufacturer, importer or distributor
of a tobacco product, to a fine not exceeding
1,000 penalty units; or
(b) in any other case, to a fine not exceeding 100 penalty
units.

18. Exceptions for retailers-(1) Notwithstanding section
17, a retailer of tobacco products may do any of the following
things:


14 Tobacco Control 2008, No.26

(a) expose any tobacco product for sale inside the
retailer’s place of business so long as the display
complies with any prescribed requirements;
(b) the placement, inside a retailer’s place of business,
of price notices indicating the tobacco products
available for purchase within that place and their
prices, provided that these notices comply with
any prescribed requirements in relation to their
size, colour, content, number, and health
message; or
(c) display the retailer’s name or trade name on the
exterior of the retailer’s place of business, in
accordance with any prescribed requirements,
even though the name contains any word or
expression signifying that any tobacco product is
available in that place for purchase, so long as
the name does not include the trade mark of a
tobacco product or the company name of a
tobacco product manufacturer.
(2) Every person who, without reasonable excuse, fails to
comply with any regulations made for the purpose of this
section commits an offence and is liable to a fine not exceeding
100 penalty units.

19. Use of trade marks, etc. on goods other than tobacco
products, or in relation to sponsored events-(1) No person
shall use, otherwise than in a private capacity, a tobacco product
trade mark:
(a) on any article other than a tobacco product or a
package or container in which a tobacco product
is sold or shipped; or
(b) for the purpose of advertising or identifying to the
public:
(i) any article other than a tobacco
product;
(ii) any service, activity or event; or
(iii) any scholarship, fellowship or other
educational benefit, even though that person


2008, No.26 Tobacco Control 15

would be, but for this Act, entitled to use the
trade mark on that article or for that purpose.
(2) Where a trade mark includes the company name, or part
of the company name, of a manufacturer, importer, or
distributor in Samoa of any tobacco product no person shall
otherwise than in private capacity, use that company name or
part of the company’s name for the purpose of advertising or
identifying to the public:
(a) any article other than a tobacco product;
(b) any service, activity, or event; or
(c) any scholarship, fellowship, or other educational
benefit,
even though that person would be, but for this Act, entitled to
use that trade mark or company name or part of the company
name for that purpose.
(3) No person shall distribute, sell or offer or expose for
sale any article, other than a tobacco product or a package or
container in which a tobacco product is sold or shipped, that
bears a trade mark of a tobacco product that is sold in Samoa.
(4) Every person who, without reasonable excuse, uses any
trade mark or company name in contravention of subsection (1)
or subsection (2), or who distributes, sells, or offers or exposes
for sale any article in contravention of subsection (3) commits
an offence and is liable:
(a) in the case of a manufacturer, importer or distributor
of a tobacco product, to a fine not exceeding
1,000 penalty units; or
(b) in any other case, to a fine not exceeding 100 penalty
units.

20. Organising or promoting activity using trade
marks, etc., of tobacco products-(1) No manufacturer,
importer, distributor or retailer of tobacco products shall:
(a) organise or promote any organised activity that is to
take place, in whole or in part in Samoa;
(b) make any financial contribution towards any
organised activity that is to take place, or its
taking place, or has taken place, in whole or in
part in Samoa; or


16 Tobacco Control 2008, No.26

(c) make any financial contribution to any person in
respect of the organisation, promotion or the
participation by that person in an organised
activity that is to take place, or is taking place, or
has taken place, in whole or in part, in Samoa,
where that organised activity involves the use of a tobacco
product trade mark, or of a company name or any part of a
company name included in that tobacco product trade mark.
(2) Every manufacturer, importer, distributor or retailer of a
tobacco product who contravenes this section commits an
offence and is liable:
(a) in the case of a manufacturer, importer or a
distributor, to a fine not exceeding 1,000 penalty
units; or
(b) in any other case, to a fine not exceeding 100 penalty
units.

21. Free distribution and rewards prohibited-(1) No
manufacturer, distributor, importer or retailer of a tobacco
product shall:
(a) distribute any tobacco product;
(b) supply any tobacco product to any person for
subsequent distribution; or
(c) in the case of a retailer, supply any tobacco product
to any person for the purpose of that retailer’s
business,
free of charge or on a reduced charge.
(2) No person shall:
(a) offer any gift or cash rebate, or the right to
participate in any contest, lottery or game, to the
purchaser of a tobacco product in consideration
for the purchase of that product, or to any person
in consideration for the provision of evidence of
such a purchase; or
(b) offer to any retailer any gift or cash rebate, or the
right to participate in any contest, lottery or
game, as an inducement or reward in relation to:
(i) the purchase or sale of tobacco
products by that retailer;


2008, No.26 Tobacco Control 17

(ii) the advertising of tobacco products
inside that retailer’s place of business; or
(iii) the location of tobacco products in a
particular part of that retailer’s place of
business.
(3) Subsections (1) and (2) do not prohibit the giving of any
normal trade discount or normal trade rebate.
(4) Subsection (2) does not apply in respect of any payment
or reward to any person who:
(a) with the authority of the Chief Executive Officer or
of some other person authorised for that purpose
by the Chief Executive Officer; and
(b) for the purpose of monitoring compliance with the
provisions of this Part,
purchases, or attempts to purchase, any tobacco product.
(5) Every person who offers any gift, cash rebate, or right
of participation in contravention of this section, commits an
offence and is liable:
(a) in the case of a manufacturer, importer or distributor,
to a fine not exceeding 1,000 penalty units; or
(b) in any other case, to a fine not exceeding 100 penalty
units.

22. Tobacco products not to be advertised or labeled as
suitable for chewing-(1) No person shall publish an
advertisement for a tobacco product that directly or indirectly
states or suggests that the product is suitable for chewing or for
any other oral use (other than smoking).
(2) No person shall import for sale, sell, pack or distribute
any tobacco product labeled or otherwise described as suitable
for chewing, or for any other oral use (other than smoking).
(3) Every person who publishes any advertisement in
contravention of subsection (1), or who imports, sells, packs or
distributes any tobacco product in contravention of this
subsection (2) commits an offence and is liable:
(a) in the case of a manufacturer, importer or distributor,
to a fine not exceeding 1,000 penalty units; or
(b) in any other case, to a fine not exceeding 100 penalty
units.


18 Tobacco Control 2008, No.26

23. Sale of tobacco products to persons under 21
prohibited-(1) No person shall sell any tobacco product to a
person who is younger than 21 years.
(2) It is a defence to a charge in respect of a contravention
of subsection (1) if the person proves that the offence was
committed without the person’s knowledge and that the person
took reasonable precautions and exercised due diligence to
prevent the commission of the offence.
(3) It is no defence to a charge in respect of a contravention
of subsection (1):
(a) that the person to whom the tobacco product was
sold was purchasing it for or on behalf of, or as
agent for, a person to whom tobacco products
may legally be sold; or
(b) that the person who sold the tobacco product
believed on reasonable grounds that the person to
whom the tobacco product was sold was
purchasing it for or on behalf of, or as agent for,
a person to whom tobacco products may legally
be sold.
(4) Every person who sells by retail any tobacco product
must display clearly for the public a notice to the effect that the
sale of any tobacco product to persons who are younger than 21
years is prohibited.
(5) Every retailer of a tobacco product who fails, without
reasonable excuse, to display the notice required by subsection
(4) commits an offence and is liable to a fine not exceeding 100
penalty units.
(6) Every person commits an offence and is liable to a fine
not exceeding 1,000 penalty units who sells any tobacco
product in contravention of this section.

24. Restrictions on sale of certain tobacco products in
small quantities-(1) No person shall:
(a) sell by retail;
(b) offer for sale by retail,
loose cigarettes in amounts of fewer than 10 cigarettes.


2008, No.26 Tobacco Control 19

(2) No manufacturer, importer, distributor or retailer may
sell or offer for sale:
(a) cigarettes in a package that contains fewer than 10
cigarettes; or
(b) loose tobacco in a package that contains less than 15
grams of loose tobacco.
(3) Every person commits an offence and is liable to a fine
not exceeding 1,000 penalty units who permits any tobacco
product to be sold in contravention of this section.

25. Sale of tobacco via vending machines and other
methods of unsupervised sales prohibited-(1) No person
shall sell or offer to sell tobacco products through a vending
machine.
(2) Tobacco products may not be sold or furnished through
the mail, or through any means by which the age of the
purchaser or recipient of the tobacco product cannot be verified.
(3) Tobacco products may not be sold or offered for sale
by means of a display that permits a person to handle the
tobacco product before paying for it.
(4) Every person commits an offence and is liable to a fine
not exceeding 1,000 penalty units who permits any tobacco
product to be sold in a manner prohibited by this section.

26. Labelling and health messages-(1) No person shall
sell or offer for sale a tobacco product unless:
(a) the package containing the product conforms with
prescribed requirements;
(b) the package containing the product displays in
accordance with the regulations:
(i) a health message;
(ii) a list of the harmful constituents of
the product;
(iii) the emissions of the product (if any);
and
(iv) in the case of a tobacco product
intended for smoking, a list of the harmful
constituents and their respective quantities
present in the smoke; and


20 Tobacco Control 2008, No.26

(c) a leaflet which complies with the prescribed
requirements, containing information relating to
the effects of the use of the product on health and
advice as to how the purchaser of the product
may cease or decrease their consumption of the
product, is placed in or on the package with the
product.
(2) Any tobacco product or advertisement must carry health
messages that:
(a) are rotated so that a range of messages are displayed
on all tobacco brands and brand variants;
(b) are large, clear, visible and legible; and
(c) take up a minimum of 30 percent of the principal
display areas of tobacco packets and packages.
(3) Regulations may provide that every unit packet and
package of tobacco sold in Samoa must carry messages that are
in the form of, or include, pictures or pictograms.
(4) All tobacco products imported for sale or sold in Samoa
must carry a clear statement that the product is intended for sale
in Samoa.
(5) In subsection (1) the term “harmful constituent” means
any substance declared by regulations to be a harmful
constituent for the purposes of that subsection.
(6) Every manufacturer, distributor, importer, or retailer of
a tobacco product who distributes or supplies any tobacco
product in contravention of subsection (1) commits an offence
and is liable to a fine not exceeding 1,000 penalty units.
(7) Every person commits an offence and is liable to a fine
not exceeding 1,000 penalty units who being a manufacturer,
importer, distributor, or retailer of a tobacco product sells or
offers for sale any cigarettes or tobacco in contravention of
subsection (4).

27. Misleading labelling prohibited-(1) No person shall
package or label tobacco products in a manner that allows a
consumer or purchaser of tobacco products to be deceived or
misled concerning its characteristics, properties, toxicity,
composition, merit or safety.


2008, No.26 Tobacco Control 21

(2) No person shall sell, distribute, or display for sale or
distribution, import, or export any tobacco product that displays
any words, terms, markings or other identifiers on its package
or label that are prescribed as being misleading.
(3) Any requirements arising from subsections (1) and (2)
do not relieve a manufacturer, importer or retailer of tobacco
products of other obligations or liabilities arising from other
requirements to warn consumers of the risks of using tobacco
products.
(4) Every person commits an offence and is liable to a fine
not exceeding 1,000 penalty units who:
(a) packs or labels a tobacco product in a manner
prohibited by subsection (1); or
(b) sells, distributes or displays for sale or distribution,
import or export, any tobacco product that is
labeled in a manner prohibited by subsection (2).

28. Controls on the contents of tobacco products-(1) No
person shall manufacture, import, export, sell or otherwise
distribute any tobacco product that does not comply with
prescribed standards relating to the manufacture of tobacco
products.
(2) Regulations relating to the manufacture of tobacco
products may:
(a) prescribe the amount of a substance that may be
contained in tobacco products or their emissions;
(b) prescribe substances that may not be added to
tobacco products; and
(c) prescribe product design standards to reduce the
harmful effects of tobacco products and to
reduce their appeal to young people.
(3) Every person commits an offence who manufactures,
imports, exports, sells or distributes any tobacco product that
does not comply with the standards required by subsection (1)
and is liable:
(a) in the case of a manufacturer, importer, exporter or
distributor to a fine not exceeding 1,000 penalty
units; or


22 Tobacco Control 2008, No.26

(b) in the case of a retailer a fine not exceeding 100
penalty units.

29. Testing required-(1) This section applies to each
product prescribed for the purposes of this section.
(2) Every manufacturer and every importer of a product to
which this section applies shall in each year conduct, in
accordance with the regulations, and at an overseas laboratory
nominated by the Chief Executive Officer, either or both of the
following (as the regulations require):
(a) a test for the additives and/or constituents of each
brand of the product sold by the manufacturer or
importer, and the respective quantities of those
additives and/or constituents; and
(b) if the product is intended to be smoked, a test for the
constituents of the smoke of each brand of the
product sold by the manufacturer or importer,
and the respective quantities of those
constituents.
(3) If the regulations require it, each variant of the brand
must be tested separately.
(4) In this section “product” means anything that is a
tobacco product of any kind.
(5) In addition to the annual test or tests required by
subsection (2), the Chief Executive Officer may, by notice in
writing to the manufacturer or importer of a product to which
that section applies, require a further test or tests to be
conducted.
(6) The further test or tests must be conducted, in
accordance with the regulations:
(a) in a laboratory nominated by the Chief Executive
Officer; and
(b) at the expense in all respects of the manufacturer or
importer.
(7) In any year, the Chief Executive Officer may require
further tests under subsection (5) in respect of more than 10% of
the brands of products to which subsection (2) applies sold by a
particular manufacturer or importer.


2008, No.26 Tobacco Control 23

(8) Every manufacturer or importer of a tobacco product
who fails:
(a) to conduct any test required by section 29(2); or
(b) to conduct any further test required under section
29(5),
commits an offence and is liable to a fine not exceeding
1,000 penalty units.

30. Reports of constituents, additives, and certain
business information required-(1) Every manufacturer,
importer, and exporter of tobacco products shall submit to the
Ministry on at least an annual basis, unless otherwise
prescribed, reports and returns containing the information
specified in regulations.
(2) If required by regulations, the information referred to in
subsection (1) shall be made available to the public in the
manner prescribed.
(3) Every manufacturer or importer of a tobacco product
who fails:
(a) to submit any return required by subsection (1); or
(b) publish any report required by subsection (2),
commits an offence and is liable to a fine not exceeding
1,000 penalty units.

31. Further Court orders on conviction for an
offence-(1) Where a manufacturer, distributor, importer or
retailer is convicted of an offence under this Act, the Court may,
in addition to any penalty imposed, make an order:
(a) in the case of a manufacturer, distributor or importer,
prohibiting the manufacturer, distributor or
importer from manufacturing, distributing or
importing tobacco products for a period not
exceeding 12 months; or
(b) in the case of a retailer, prohibiting the sale or
offering for sale of tobacco products by the
retailer for a period not exceeding 12 months.
(2) Where a manufacturer, distributor, importer or retailer is
convicted two or more times for the same offence under this


24 Tobacco Control 2008, No.26

Act, the Court shall make an order in accordance with
subsection (1).
(3) Any person who contravenes a Court order made under
subsection (1) shall be guilty of contempt of Court and shall be
subject to a fine or imprisonment, or both, for the contempt as
the Court shall determine.

PART VI
MISCELLANEOUS

32. Appointment of enforcement officers-(1) The Chief
Executive Officer may appoint enforcement officers who are
authorised to exercise and carry out the specified functions and
powers of the Chief Executive Officer under this Act.
(2) The Chief Executive Officer shall supply every
enforcement officer with a warrant, and that warrant shall
clearly state the functions and powers that the person appointed
has been authorised to exercise and carry out under the Act.
(3) An enforcement officer who exercises or purports to
exercise any power conferred under this Part shall have and
shall produce if required to do so, the enforcement officer’s
warrant and evidence of identity.
(4) An enforcement officer who holds a warrant issued
under this section shall, on the termination of his or her
appointment, surrender the warrant to the Chief Executive
Officer.

33. Inspection and investigative powers of enforcement
officers-(1) The enforcement officers appointed under section
32 of this Act shall have the following powers:
(a) provided that the place is not a dwelling house or
other residential accommodation, to enter the
premises of any place where tobacco is
manufactured, sold, transported, received,
distributed, packaged, or otherwise found or
likely to be found or have been present, and to
enter any public place, including a workplace, to


2008, No.26 Tobacco Control 25

conduct inspections or investigations at any time
during business or operating hours of a
workplace or at any other reasonable or
necessary time;
(b) to examine, open, and test any equipment, tools,
materials, packages or anything the officer
reasonably believes is used or capable of being
used for the manufacture, packaging, labelling,
storage, distribution, display, advertising or
promotion of tobacco products;
(c) to examine any operation or process carried out on
the premises;
(d) to examine and make copies of or from any books,
documents, notes, files, including electronic
files, or other records that the officer reasonably
believes might contain information relevant to
determining compliance with this Act or with
regulations made under this Act;
(e) to interview or question any licensee or other person
involved in selling, advertising or promoting,
manufacturing, importing, exporting, growing,
transporting, packaging, or distributing tobacco
products, any owner of the premises, or any
person using the premises, and his or her
employees, agents, contractors and workers, all
of whom must cooperate fully and truthfully
with any inspection or investigation;
(f) to take samples of tobacco or tobacco products or
components of products anywhere they are found
and have them tested;
(g) to seize and detain, or order the storage without
removal or alteration of any tobacco or tobacco
product where ever they may be found, the
officer reasonably believes does not comply with
the requirements of the Act or regulations, upon
providing the licensee or owner of the tobacco
products, or if he or she is unavailable, any other
person on the place where the tobacco products


26 Tobacco Control 2008, No.26

are located, written notice of the seizure and
detention and the grounds for it; and
(h) to seize and detain and dispose of any tobacco
product being sold by a person in a manner
which contravenes the requirements of the Act.
(2) If any tobacco product that is seized and detained by an
enforcement officer is subsequently determined to meet the
requirements of the Act or regulations made under the Act, it
shall be returned immediately by the enforcement officers to the
place from which it was seized.
(3) If any tobacco product that has been seized or detained
is determined not to meet the requirements of the Act or of the
regulations, it may be confiscated and destroyed or subject to
other disposal, as ordered by a court.
(4) A member of the police may accompany an enforcement
officer exercising powers under this section.
(5) Subsection (1) does not prevent an enforcement officer
from entering a dwelling house or other residential
accommodation:
(a) under authority given by or under an enactment other
than this Act; or
(b) with the consent of an occupier, only to the extent
necessary for, the following purposes:
(i) finding out whether this Act or
regulations made under the Act is being
complied with in respect of the place entered;
(ii) finding out the extent to which this
Act is not being complied with in respect of
the place entered.
(6) A person commits an offence if they threaten, assault or
intentionally obstruct or hinder an enforcement officer who is
acting in the exercise or performance of his or her powers under
this section and is liable to a fine not exceeding 100 penalty
units.

34. Duties of enforcement officers-(1) An enforcement
officer exercising powers under this Act must identify himself
or herself as an enforcement officer to the person who appears


2008, No.26 Tobacco Control 27

to be in charge of any premises where the officer intends to
exercise his or her powers; and
(2) If asked to do so, the enforcement officer must produce
evidence of identity and his or her warrant issued under
section 32.

35. Regulations - The Head of State may make regulations,
not inconsistent with this Act, prescribing all matters which by
this Act are required or permitted to be prescribed or which are
necessary or convenient to be prescribed for carrying out or
giving effect to this Act.

36. Evidence by Certificate - Despite any other law, in any
proceedings under or concerning this Act, including but not
limited to a prosecution for an offence, a certificate signed by or
on behalf of the Chief Executive Officer and stating:
(a) that on any date a person was or was not permitted
to do or was prohibited from doing any matter or
thing under or concerning this Act;
(b) that on any date the Minister or Chief Executive
Officer or person duly authorised by the Minister
or Chief Executive Officer, as the case may
require, had made, done, issued or otherwise
taken an act permitted or required under or
concerning this Act; or
(c) the content of any permission or prohibition referred
to in paragraph (a) or the content of any act
referred to in paragraph (b),
shall be sufficient evidence of the matters stated in the
certificate and the certificate shall be presumed to be so signed
unless the contrary is proved.

37. Service of notices etc.-(1) Where under this Act a
notice, order, direction, requirement, determination, letter, other
document or act of authority is required or permitted to be
served on any person by the Minister, Chief Executive Officer
or person acting under the authority of the Minister or Chief
Executive Officer, the notice, order, direction, requirement,


28 Tobacco Control 2008, No.26

determination, letter, other document or act of authority may be
served by:
(a) delivering it to the person at the nominated address
in Samoa of the person in any application to or
correspondence from the person to the Minister
or Chief Executive Officer; or
(b) delivering it to the address in Samoa of any solicitor
acting as legal representative for the person; or
(c) sending it by pre-paid post or facsimile transmission
to the Samoan postal address or facsimile
address, as the case may require, nominated by
the person in any application to or
correspondence with, or correspondence from
the person, to the Minister or Chief Executive
Officer; or
(d) sending it by pre-paid post or facsimile transmission
to the Samoan postal or facsimile address, as the
case may require, of any solicitor acting as legal
representative for the person; or
(e) notice in Samoan and English published in the Savali
and one other newspaper circulating in Samoa.
(2) For all purposes in the case of prepaid post, service shall
be deemed to have been effected two days after the date of
postage.
(3) For all purposes, in the case of service by facsimile
transmission:
(a) service shall be deemed to have been effected upon
completion of transmission without evidence of
garbling or incomplete transmission; and
(b) a printed or copied signature shall be sufficient for
any notice, order, direction, requirement,
determination, letter, other document or act of
authority served by facsimile transmission.

38. Transitional provisions-(1) Nothing in section 19(3)
shall apply in respect of the distribution or sale, within 6 months
after this Act comes into force, of any article that was:


2008, No.26 Tobacco Control 29

(a) manufactured before the date of commencement of
this Act; or
(b) ordered before the date of commencement of this Act
from the manufacturer or distributor otherwise
than by the placing of a standing order that
required confirmation, or that was subject to
cancellation, after that date.
(2) Notwithstanding anything in sections 17, 19 and 20,
where it is so required by a contract entered into before the date
of commencement of this Act, the name of any manufacturer or
importer of tobacco products or the trade mark of any tobacco
product may be used for six (6) months after the date this Act
comes into force, otherwise than in association with a tobacco
product, in a representation to the public:
(a) that promotes or is associated with an organised
activity; or
(b) that acknowledges financial or other contributions
made by the manufacturer or importer of the
tobacco product toward any such activity.
(3) The first reports required by section 30 shall be
submitted to the Chief Executive Officer:
(a) on or before the 6th
month after this Act comes into
force, in the case of cigarettes and cigarette
tobacco; and
(b) by the date specified by the Chief Executive Officer
by notice in writing to the manufacturer or
importer, in the case of any other tobacco
product.


__________

The Tobacco Control Act 2008 is administered
by the Ministry of Health.