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Decree No. 2016 - 1008 Of 26 July 2016

Original Language Title: Décret n° 2016-1008 du 26 juillet 2016

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MINISTRY OF HEALTH AND SOCIAL ACTION

Decree No. 2016-1008 of 26 July 2016
Decree n ° 2016-1008 of 26 July 2016 implementing Act No. 2014-14 of 28 March 2014 on the manufacture, packaging, labelling, sale and use of tobacco




PRESENTATION REPORT


The tobacco epidemic is a global problem with serious consequences for public health, which requires effective, responsive and comprehensive national and international responses.

In Senegal, the public authorities, reaffirming the right to the health of populations guaranteed by Article 8 of the Constitution, adopted Law No. 2014-14 of 28 March 2014 on the manufacture, packaging, labelling, sale and The use of tobacco to protect populations from the adverse health effects of smoking.

The interference of the tobacco industry in the development of public health policies may constitute a blockage in their implementation. As a result, it seems necessary to ban all forms of interference by the tobacco industry in health policies.

The composition of tobacco products has long been a major concern. Thus, the new dynamics of tobacco control must lead to the setting of the standards for the composition of these products. This essential measure will make it possible to lay down rules on transparency in the manufacture of tobacco products.

The regulation of the prohibition of advertising, promotion, sponsorship and marketing of tobacco and its products is also necessary for a considerable reduction in the consumption of these products.

It is also important to lay down the rules on the packaging and labelling of tobacco and its products in order to require the tobacco industry to provide consumers and the public with health warnings and messages Well designed to raise awareness of the dangers of tobacco consumption and its products.

The reduction of tobacco consumption also requires the development of dissuasive and protective measures, particularly for non-smokers. To achieve this objective, it is necessary to restrict access to tobacco products and to protect populations from exposure to tobacco smoke.

Thus, under Article 18 of the aforementioned Law No. 2014-14 of March 28, 2014, " It is forbidden to smoke in public places or open to the public, or for collective use and any place which constitutes a place of work, as well as in the means of public transport ". Different places subject to the smoking ban.


This draft decree consists of eight chapters:

-the preliminary chapter is devoted to definitions;
-Chapter I deals with the interference of the tobacco industry;
-Chapter II sets standards for the composition of tobacco products;
-Chapter III regulates the prohibition of advertising, promotion and sponsorship;
-Chapter IV sets out the packaging and labelling arrangements;
-Chapter V deals with protection from exposure to tobacco smoke and tobacco products;
-Chapter VI lays down the rules on the marketing of tobacco products;
-Chapter VII lays down the transitional and final provisions.


This is the economy of this draft decree.





THE PRESIDENT OF THE PUBLIC,


VU the Constitution;
VU the World Health Organization Framework Convention on Tobacco Control of 21 May 2003;
VU Law No. 66-48 of 27 May 1966 on the control of food products and the suppression of fraud;
VU Law No. 2014-14 of 28 March 2014 on the manufacture, packaging, labelling, sale and use of tobacco;
VU the decree n ° 2014-845 of 06 July 2014 appointing the Prime Minister;
VU's decree n ° 2014-853 of 09 July 2014 on the distribution of state services and the control of public institutions, national companies and public participation companies between the Presidency of the Republic, the Primature and the Departments, as amended;
VU's decree n ° 2014-867 dated 22 July 2014 on the powers of the Minister of Health and Social Action;
VU the decree n ° 2015-855 of 22 June 2015 on the composition of the government;

After the opinion of the Supreme Court at its meeting on 26 January 2016;
The report of the Minister of Health and Social Action,





DECRETE:


Preliminary Chapter. -Definitions


Article 1. - For the purposes of this Order:

-additive: any consistency that is added to the tobacco product during processing or manufacturing, including preservatives, flavourings, colouring agents, enhancers, humectants and processing aids;

-flavouring: an additive which confers, modifies or improves a taste or odour, alone or with other ingredients;

-flavouring: taste or odour, other than that of tobacco, from an additive or a combination of natural or artificial additives, including fruit, spices, aromatic plants, alcohol, confectionery, Menthol, chocolate or vanilla that is identifiable before or during the consumption of the tobacco product;

-carton: container, receptacle or packing paper where there are several cartridges, in which a tobacco product is sold or displayed for sale;

-cartridge: container, receptacle or packing paper where there are several packages, in which a tobacco product is sold or displayed for sale;

-component: a portion of the tobacco product sold separately or not, such as paper, filter, sheathing paper, tube and bag portion of a
Tobacco product, if applicable;

-Tobacco flow: a specialized commercial establishment licensed to sell tobacco and tobacco products allowed for sale in Senegal;

-emission: any substance or combination of substances produced by the combustion of a tobacco product;

-side-side: the surface of the package, the cartridge or the carton next to the main face;

-main face: the largest surface of the package, the cartridge or the cardboard visible directly and the most exposed;

-interference by the tobacco industry: set of tactics and strategies used directly or indirectly by the tobacco industry to interfere in health policy, undermine tobacco control efforts, and oppose measures Against its financial interests;

-ingredient: tobacco, components and materials used to manufacture components, additives, residual substances found in the tobacco product after storage and treatment;

-package: container, receptacle or packaging paper in which a tobacco product is sold or exposed for retail sale.



Chapter I. - Tobacco Industry Ingerance



Art. 2.
The Ministry of Health, in collaboration with the relevant administrative structures, ensures compliance with the principle of non-interference by the tobacco industry in national health policies.


As such, it is responsible for:

-to define any useful measures that may prevent and impede the interference of the tobacco industry in national health policies;
-to draw up an action plan to combat the interference of the tobacco industry in national health policies;
-to monitor and evaluate the implementation of this action plan.




Article 3. - Any person employed by the tobacco industry or an entity that promotes his or her interests shall not be part of an organ, committee or public advisory group that develops or implements anti-tobacco or anti-tobacco control measures. Public health policy.



Chapter II. - Standards for the Composition of Tobacco Products


Article 4. - No person shall import, distribute or sell in Senegal a tobacco product containing:

-a characteristic aroma, whether or not indicated on the packaging of the product;
-a flavouring in a component or technical feature that modities the odour or taste of the tobacco product or the intensity of its smoke;
-an additive having properties associated with or likely to be associated with a health benefit, including vitamins, fruit and vegetable extracts and essential fatty acids;
-an ingredient used to create the impression that the product has health benefits to which minors are particularly sensitive;
-an ingredient associated with energy and vitality, such as stimulants such as caffeine and taurine.




Chapter III. -
Advertising, promotion and sponsorship


Article 5. - Are not prohibited:

-any national or cross-border activity of advertising and direct or indirect promotion, irrespective of the medium, in favour of tobacco, its products and derivatives and of the companies which manufacture, market and distribute;
-all partnerships, memoranda of understanding, non-binding or non-binding agreements, voluntary arrangements or codes of good conduct with the State, with a view to promoting in particular tobacco, tobacco products and derivatives, with Companies that manufacture, market and distribute;
-all offers of assistance directly or indirectly from the tobacco industry to the State for the preparation or financing of the legislation, of
Tobacco control policies or programs;
-any formation of partnerships or participation in activities in order to promote directly or indirectly a positive image of the tobacco industry, its products and derivatives;
-any organisation, participation, promotion of tobacco industry initiatives with young people, for educational or other purposes;
-any financial or other contributions intended or likely to promote directly or indirectly the image of the tobacco industry and its products and derivatives.



Chapter IV. - Packaging and labelling


Article 6. - All forms of packaging of tobacco and tobacco products must be clearly and legibly marked " Sale in Senegal ".



Art. 7. - Health messages and warnings shall in no way be concealed, veiled or separated by other indications or images or by the opening of the package or cartridge.



Art. 8. On each of the main sides of the package, the cartridge, the carton or any other form of outer packaging, must be printed a color image and an associated written message.


The images and written messages are developed and defined by the Ministry of Health and made available to manufacturers, producers and importers.


Any other health warning is strictly prohibited.



Article 9. - Health warnings, the number of health warnings and the arrangements for the affixing and renewal of health warnings are fixed by order of the Minister responsible for health.


They must be renewed every twenty-four (24) months by order of the Minister responsible for health.



Article 10. - Surcharges and commercial inserts are prohibited for any type of tobacco product packaging.



Article 11. - Manufacturers, producers and importers of tobacco and tobacco products shall, prior to placing on the market, transmit samples of packages, cartons, cartons and any other packaging to the Ministry of Health for Verify the compliance of health warnings and their location on these packages.



Article 12. - In addition to health warnings on the main sides of the packaging, information describing the harmfulness of tobacco products concerning their constituents and their emissions must be shown on one side.


The list and the nature of such information shall be fixed by order of the Minister responsible for health.

Article 13. - The costs for the affixing of health warnings on the various forms of packaging of tobacco and tobacco products and those relating to information on constituents and emissions shall be borne by the manufacturers, Producers and importers.



Art. 14. - Any form of packaging containing tobacco and tobacco products held for sale, for sale or sold, must be permanently marked, either by labelling or by direct impression, the following in the language French:

-the name or business name and address of the manufacturer;
-the name of the product;
-lot number;
-the country of manufacture.



Article 15. - The use of any indication or sign liable to create confusion in the mind of the purchaser about the nature, volume or weight, the substantial qualities of the product being offered for sale, or the origin of the product, is prohibited in all Circumstances and in any form, including:

-on containers and packaging;
-on labels, seals or other closing devices.




Chapter V. - Protection from exposure to tobacco smoke


Art. 16. - It is forbidden to smoke in the annexes and the parts common to the places referred to in Article 18 of Law n ° 2014-14 of 28 March 2014 on the manufacture, packaging, labelling, sale and use of tobacco in particular:

-corridors;
-elevators;
-stairwells;
-the entrance halls;
-cafeterias;
-washrooms;
-trade shows;
-dining rooms;
-external buildings such as shelters and hangars.

The same applies to any vehicle that is a workplace.



Article 17. - The owner or other person in charge of the premises referred to in Article 18 of Act No. 2014-14 of March 28, 2014 referred to above and in Article 16 (annexes and common parts) of this Decree shall ensure compliance with the law and this Decree in its Establishment.

In particular, it has the obligation to:

-to display in a visible and legible manner, at the entrance, inside the place and in other appropriate places, the signage " Smoking ban " Or " Non-smoking area ";
-remove all ashtrays existing in the establishment;
-to ensure compliance with the rules prohibiting smoking;
-take the necessary measures to dissuade the public or staff from smoking.


These measures include asking people in these places to refrain from smoking, immediately stopping any benefit to the smoker, and in case of refusal or opposition, to ask the offender to leave the premises, if necessary, Notify the police, gendarmerie or any other competent authority.



Article 18. - It is forbidden for agents of the state, in particular those of all bodies of control and of health, to smoke in their services.




Chapter VI. - Marketing of tobacco products



Article 19. - Tobacco and tobacco products must be marketed only at the rates of tobacco after obtaining a prior authorisation issued by order of the territorially competent region governor.

The procedures, procedure and conditions for the issue and withdrawal of authorisation for the opening and closing of a tobacco rate shall be fixed by decree.



Article 20. - Tobacco flows must under no circumstances constitute support for advertising or promoting tobacco and tobacco products.

Only the display of the list of tobacco products and their prices, and without any promotional or promotional character, shall be permitted within the tobacco flow and in a non-visible way from the outside.

The tobacco flow operator is required to make visible, legible and clear signage prohibiting smoking and prohibiting the sale to minors.



Chapter VII. - Transitional and final provisions



Article 21. - Manufacturers, producers and importers of tobacco and tobacco products shall have a period of nine (9) months from the coming into force of this Order to comply with it.


However, this period shall be six (6) months for persons covered by the packaging and labelling provisions of Chapter IV.



Article 22. - The Minister responsible for Health, the Minister for Armed Forces, the Minister of the Interior, the Minister of Justice, the Minister for Finance, the Minister for the Environment, the Minister responsible for National Education, the Minister responsible for Of Commerce, the Minister responsible for Tourism and Air Transport, the Minister responsible for Labour and the Minister responsible for the Civil Service shall, each in so far as it is concerned, carry out this Decree, which shall be published in the Official Journal.


Done at Dakar, July 26, 2016




Macky SALL.

The President of the Republic:

The Prime Minister,
Mahammed Boun Abdallah DIONNE