LANGUAGE
Last updated: October 28th 2019

Sales Restrictions

Sale of single cigarettes/sticks

Allowed
Analysis

Although the law prohibits the manufacture and import of cigarettes in packets that contain fewer than 20 sticks, the law does not affirmatively prohibit retailers from selling single cigarette sticks. Therefore, the law is interpreted as allowing the sale of single cigarettes.

To align with FCTC Art. 16, the law should affirmatively prohibit the sale of single cigarettes as this increases the affordability of cigarettes to minors.

Sale of tobacco products via vending machines

Banned
Analysis

The law prohibits vending machine sales of tobacco products.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 in this respect.

Sale of tobacco products via the internet

Allowed
Analysis

The law requires that tobacco advertising in “information technology media” be restricted so that individuals under age 18 cannot access the content. Websites must require age verification. The sale of tobacco products via the internet, however, is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit internet tobacco product sales, regardless of age, as internet sales are an inherent form of advertising and promotion.

Sale of smokeless tobacco products

Allowed
Analysis

The law does not specifically prohibit the sale of smokeless tobacco products; therefore, the law is interpreted as permitting the sale of smokeless tobacco products.

Sale of waterpipe tobacco products

Allowed
Analysis

The law does not specifically prohibit the sale of waterpipe tobacco; therefore, the law is interpreted as permitting the sale of waterpipe tobacco.

Location-based Sales Restrictions

Schools/educational facilities

Banned
Analysis

PP No. 109 of 2012 prohibits the sale of tobacco products in “smoke free zones” or areas, which specifically include schools and educational facilities. “Smoke free zone” is defined as “a room or area that has been declared as a place in which smoking or the activities of production, sale, advertising and/or promotion of tobacco products is prohibited.”

The ban on the sale of tobacco products at schools and educational facilities is reiterated by Ministry of Education Regulation No. 46 of 2015.

Playgrounds

Banned
Analysis

PP No. 109 of 2012 prohibits the sale of tobacco products in “smoke free zones” or areas, which specifically include children’s playgrounds. “Smoke free zone” is defined as “a room or area that has been declared as a place in which smoking or the activities of production, sale, advertising and/or promotion of tobacco products is prohibited.”

Stadiums/arenas

Allowed
Analysis

The law does not prohibit or restrict the sale of tobacco products in stadiums/arenas; therefore, the law is interpreted as permitting the sale of tobacco products in stadiums/arenas.

Healthcare facilities

Banned
Analysis

PP No. 109 of 2012 prohibits the sale of tobacco products in “smoke free zones” or areas, which specifically include healthcare facilities. “Smoke free zone” is defined as “a room or area that has been declared as a place in which smoking or the activities of production, sale, advertising and/or promotion of tobacco products is prohibited.”

Cultural facilities

Allowed
Analysis

The law does not prohibit or restrict the sale of tobacco products in cultural facilities; therefore, the law is interpreted as permitting the sale of tobacco products in cultural facilities.

Places of worship

Banned
Analysis

PP No. 109 of 2012 prohibits the sale of tobacco products in “smoke free zones” or areas, which specifically include places of worship. “Smoke free zone” is defined as “a room or area that has been declared as a place in which smoking or the activities of production, sale, advertising and/or promotion of tobacco products is prohibited.”

Public transport

Banned
Analysis

PP No. 109 of 2012 prohibits the sale of tobacco products in “smoke free zones” or areas, which specifically include public transport. “Smoke free zone” is defined as “a room or area that has been declared as a place in which smoking or the activities of production, sale, advertising and/or promotion of tobacco products is prohibited.”

Retail Package Size Restrictions

Minimum number of cigarette sticks per unit package

Yes
Analysis

The law requires that packages of “machine-manufactured white cigarettes” contain at least 20 sticks per pack.

The law aligns with FCTC Art. 16 with respect to the sale of small packets of cigarettes.

Minimum weight of smokeless tobacco per unit package

No
Analysis

The law does not require a minimum weight per unit package of smokeless tobacco.

Retail Licensing Requirements

Specific retail license required to sell tobacco products

No
Analysis

The law does not require a specific retail license to sell tobacco products.

To align with FCTC Art. 15, the law should require retailers to obtain a license to sell tobacco products.