AN ACT 10 nro h pro~lsion in rt!Spuf 01 tM oon/roI 0/ tobocco snroking (/'!d for m(lllers co"n~tl!d thuttwirh.

( .ssent.

(U.)

A GATHA BAllBAllA

President

12th D=:mber. 1986

ACf No. XLII of 1986

AN ACT 10 nro h pro~lsion in rt!Spuf 01 tM oon/roI 0/ tobocco snroking

(/'!d for m(lllers co"n~tl!d thuttwirh.

BE IT ENACTED by the President. by and with the advice .nd

consent of the House of RepreseDtatives. in 1111$ present Parli.ment 15-

.sembled. and by tbe authori ty of tile Ii3me, as foUows.:_

I. This Act may be cited as the Tobacoo (Smoking ConIrOl) Act,

19S6. ami shall come inlo force on such day as Ihe Minister may appoint

by nOIKc in the Gazelle. aDd d ifferent dates may be iO appointed for

different purposes and d ifferent provisions of this Act.

In this Act, un less the CODIellI otherwise require!l _

"cigarette" includes CUI tobacco rolled up in paper, lobaoeo

leaf, Of other ma te rial ill such form as 10 be capable of immediate

\ISO for smoking;

"Minister" means the Minister responsible for public haJth

and includes to tile c~knt of the authori ty given, any person

authorised in that behalf for a ny purpose of thiS Act;

"JlCf1IOD" includes a body CQI')Xlrate establisbod by law;

"prescribed" means prescribed by regulations under this Act;

"public place" incl udes any place to which the public have

or are permitted to have access, whether on payment or otherwise;

.re

" publica tion" includes any article, of any material whatso-

ever, on which

visible any won! , picrure Of othef message,

wbether printed or otherwise;

"smoking requisites" means requisites fOf" smoking tobacco

or intended mai nly for the preparation therccl, and includes

cigarette rolling machines, cigarette paper or other cigarette cover·

ing. cigarelte filters, cigar Of cigarette holders, smoker's pipes or pipe

cleaners, and other eq ui pment for preparing Ciga rettes 01" clgln;

"Superint~nd~nt " m~an5 the Superintendent 0(

Publk Health

" tobacco" includes cigarelles and tmOking mi~ turel intended

u a substitute for tobacco.

J. Nothi.rIg in thill Act sball apply 10 tobaoco (If lobaoco IlIbstitute8

IS are considered to be medicinal prepanliom Of poiSOOJ under the

Medical and Kindrt:d Professions Ord inance Of a ny lu.' subltituti nl!

that Ord inance.

prirK:ipali minflok il·kliem NI.Awtoritll ihandha !inqeda bid·DipartimeDt I·. rtikolu •

ta' I·An bhala a~n! tagllha" gIIaDdhom jidllJu I-ldiem '·I·Awlorjt~ la' I-I<U.

.. ilKljMli.

gIIaDdha tinqcda bid·Dip&rti menlla' l-Art bIIal. a~cnt tagllb. dwar pro-

prjclll immobbli Ii Ikun liDsab fil--Gtina ta' M. lta u bi$-Scgretarjat ghal

GllawdCll. bhala agen t tagllha dw.r proprjc\iI immobbli Ii !tun tinsab

fi l-Gtcjjcr ta' GllawdCll. u Kcmmuna".

Mgboddi miIJ·Kamra lad·Dcpula li fis-Scdula Nru. 410 lal-8 la' DitrnJbrv. 1986.

PAUL Xv-n.EI!

Speaker

P. M USCAT TEJtRll!ll E

A"nt Skrivan III/·Kamra IM·DepIlfDli

No person shall on tdevision., I'1Idio or other broadcastins P,olIibi,;o. of

med ium, or in cinemas, advertise cigarcttc&, cigars Of other forml of od""nio' ••.

tobacco, tobacco product or NnOI<ing requisiteS.

It shall be lbc duty of every owner. Lice nsee, machlniat (If }fullh ",.min"

(i)

10 be .h"",. ,.

petiJOQ for the time being purporting to act in any such a capacitY ioa

<; .. m ...

cinema to ensure that immediately before the beginning of every film

show and immediately on tbe resumption of the ,how after the Interval,

a health warning acceptable to the Superintendent i, thown on the

~n for such time. on each occasion , as ahall be prescribed, at allO a

notice that srooIcing is prohibited by law in the cinema.

(2) It sllaU be the duty of ev~ry person runn ing .. bro.dcut ing

station to cnsure that before the showing of any film or other broadeaat

in which smoking or any of the items me nt ioned in section 4 of thi, A ct,

ate fhown or mentioned, to broadcl5t i.mmediate4y before the tilm,how

or other RIch programme. a ""'alth warning IS is referred to in sublcctiOn

(11 of thiB IICCtion.

'" No person shall advertise for sale any of tho items mentiOMd

in IICCtioo 4 of this Act, in a ny new$pi'lpe.-. magatine or otbtt publicatiOll,

or promote by distribution of leaflets. by postcR, canopies, illumina ted

signl. or billboards, the sale or supply of sucb items, unlels the advertise-

menta, leafictl. posters, canopies. illuminated signs, or bmboanil

include or roo tain a health warn ing aeceptable to t he Superintendent

indieatilli tbat smokin g of tobacco i$ dangerous 10 health .

The provistonll of !be last pm:eding section shall no! apply

10 foreign _Ipapcu (If magazinc:s imported into Maha and whoec

lUilI purpa;e is not. that of advertising the said it.cml or any of them

Of' n-Iato:d 10 lhe business of any such items.

.. (a) For the purposes of the provi'iomJ of thii Act, " advertise- 1"1<""",",,,,,,

ment" includes IIIV d 'rctt or ind'r«t promotion of the sale of any itcm of ad""ni .. ·

rcfem:d to in section 4 of this Act , by any notice, circular. pamphlet,

brochure. programme, !I&IIlple or other material or means, whether

distri buted ( m: or sold to the public, or by IUlY word, pi cture or meMlge

or any p8.CUKC, wrapper or label of any such item, a nd al.lo includes

special diSplays. d i!lCOUllI OOIIpol)$ and gift ooupoTl5 or points, premiullll.

spc!:ial sales, lO5li-leader and tie.in sales, but does not include a price

lisl or such information on any sllch package. wl'1lpper or label 15 i$

necessary for indicating the oontenlS and their nat ure, bl'1lod or trade

name, name and address of the manufacturer. and the price. or such

infonuation as may be requi red by any law or regulation.

(b) Any advertisement containing or consisti og in a bnnd

Mme used in the sale of any of the ite ms referred to in section 4 of thi.

Act, or • trade name: of any pe~n m.nuraeturing '"y such itan , in

either ease , in "'hUa, sha ll be deemed to be an advertisement 0( 511Ch

items ~Wll if no mention is made therein 0( sueh items, or mention is

milde therein of services or products olher than those items.

le) An)' pricing policy !lnd practice intended to sell any

liuch item at a lower price on a long term basis 5hah not be deemed

to be an advertisement for the purposes oIth i8 Act.

(d) Any advertisement which the Min ister, after consulting

th~ Committee .on Smoking !llld He~l th. prescribes a5 exempted from

belllg III advertIsement. shall not be deancd to be an advertisemen t for

th purposes of this Act.

t . III

E,'cry package of cigarettes imported. sold, distr ibuted

or supplied. by ..... y 01 compensation or otherwile. shall COlItain a health

..... f1I;ng on the outsidc of the pachge with a clear message in ooe of the

official languages of Malta, and acceptable to the Superintendent .

indicating that smoking of tobacco is dangerous to health.

(2) The heallh warning refetTCd to in subsec:ton tu of this

section ~ haU he printed clearly and be of a reasonable lile as to be

prominently and easily legible taking into con!lidera tion the size and

the colour backgrOllnd of the package. to the satisfaction of the Super-

intendent.

(3) No other wording on any such packa ge or in any medium

;n outle15 where cigarettes. cigars. tobacco or tobacco products

a~ $Old shall be used so as to mislead or tend to mislead the pu blic on

the concept of the danger and harm which tobacco may cause 10 health .

(4 ) The provisions of sub$e(-t;on III of this section shall DOt

~pply

to ciga~lIes. cigars. tobacco Of tobacco producl5 intended for

export a nd which are not sokl or d istri buted for cons.umplion in Malta.

to. The Minister may make regu la tions for reducing the risks

to human health resulting from collliumption of IObaceo or tobacco

product. and in parl;cular and without prejudice to the generali!)' of

that power. may make ~gulations for all Of a ny of tbe following

purposes -

la) to prohibit the advertisement or other promotion of tbe

sale of cigarettes, cigars or other forms of tobacco. tobaoco product

or smoking rcquisites. in newspapen. magazine$ or other publica-

tions. other than as ~tated in section 7 of this Act;

(bl to presrribe the contenlll alld format of any health ..... rn-

iog required to be shown. affixed or displayed by this A ct on aoy

medium or thing whatsOeVer. as weU as .the frequency and t he

times al whic h any such warning shall be changed or rotated;

(e) to extend the provisions of Rctions 9 and 12 of this Act

to other forms of tobacco prodUCts;

(d) to prescribe that healt h ..... mings as are referred to in

section 1 I of Ihis Act shalt be afflJ[ed in prominent por;itions in any

public place and inside any vehicle licensed or used for public

transport, and tha t it sha ll be the duty of the lice nsee and the

driver. ItS the case may be, to comply wi th such rep;ulation;

le) 10 prescribe the maximum permissi ble tar. nlcoline and

other contellt which cigarettes or other forms of tobacco or

tobacco products may contain, and the mlllimum yield of any

such substa nces which may be obtained lhercfrom

(fI to prescribe tile wndi tioll$ under .... lIich thc $Ale or distri·

bution of cigarettes. cigan or other tobacco product shall be pr~

h.ibitcd or reslticted imide hospit.al.s, clinics and other health

institutions;

Igl to prohibi t or conttol any advenisement directly or

indilllCtly cooMCtcd with toba<x:o or with lObaoeo lD'IOking;

Ih) to conltol tllc number of cigarettes wh ich may be offered

for salc a, any onc retail packet and to proh ibi t the sale or ling1c

cigareues

Prov ided that tile MiniSler sball not makc rqulations

prohibiting [he sale of cigarelle pac\:e ts. containing such n ~mher

of cigarelles as the cigarette pac\:ets as are on sale on the day of

the coming inlO force of Ihis paragraph

(i) to control the size, weight a Dd presentation of Cigarettes.

cigan and Other tobacco prodLICIS;

(j)

to proh ibit or conlrol smoting in any place;

(k) to prcacribe any other matter which may be or is

required to be ptcs:ribed by this Act;

III to prCSlCribe any other maner which may appear to the

Minister neces&IIry or expedient for the better carrying out of the

provisions of thi, Act for !iOCuring the bealth of the public.

Thc licef'lli« of any premises from which ciga retlOl, cigars.

,.-

tobacco or tobacco prod ucts or smoking l'ajuisitcs are -ok!. Jhal1 eM\ire

that a warning notice accepta ble to the Supcrin tcDdcllt in respect of

language. word ing. format. sile and presenlJl tion , alld indicating the

dangers to health of $lTIOI;in!, and that such nOlicc be prominently

displayed iD thc premises 50 as to aUract the atten tion of customers

or othcr petsOTl$ on the premises and to be Cl5i1y seen and read by them.

c1J No cigarettes may be imported. sold. supplied or d is- Ta, ar.! nico,in<

tributed by way of compel1$ation or Olhcrwise unless there is printed on <o" '<n'.

the packa ge or on a label affixed Ihcreon. a correct declaration of the

content of ta r and nicotine in each cigarette.

(2) The provisions of subsec tion (\) of this section shall not

apply to cigarettes. cigars. tobacco or tobacco products intended [or

export and which src not sold or distributed for coruumption in Malta.

ll, No person shall sell any ciga rt:ues or other forms of tobaa:c:t SoIK ,,, comply

or tobacco produc t which do nOl comply with tile provisiollS of this ",j 'b ,-\<t ond

Act or of any regu lation made hen:unrler.

(!) No person shall sell, supply or d i,tribute by WIly of So l< ' 0 )'OUnl

compensation or Olhewi5e, any ciga rt:ttes, cigars, tobacco, tobacco pr0- 1'<"00<

ducts or smok ing l'aju i. ites 10 a llY person woo i. UDder the age of

sixteen years. or in any manner induce such person to smoke.

(2) No cigarettes, cigar5, tobaC(:o or tobacco produc t may

be !(lId from au toma tic sa les rnllCbines except in restaurant. and othet"

eslJlblishmeDIs in respect of wllich there exists a valid licence to serve

alcoholic bevemges 011 lhe pRmises, Of in other pl.~ ;n which sales

from such machines arc kept under supervision,

III It shall be the =pomibilily of any pclWll during ~h

lime .. he is responsible for or ha! the control of lhe prtmiscs in

wl!id! any such $ales mach.ine is kepi \0 ens ure Ih a! no person under

si.l inn rail of age sha ll ma ke use of SlIch machine ,

(1) No penon Shall smoke a ny cigarette, cigar, tobaooo

or tobacco product on any publ ic lronsport. in any cinema. theatre,

hospita l, clinic or other health imritution. or in any television studio

in any debltc. d iscussion Of Oilier progm mme broadcast [OI:a n), for public

viewing whether live or pre-recordcd; nor shall any person smoke anv

such item illaDY cla!lll'OOm. earridOl". yard or Ippurtc: M DCe of a school ,

day home or l imilar premises used by chitd",1I under sixteen years

01 agt:.

For Iht purposeli of this subsc<:lion "5<:11001" incl udes a kinder-

garten. nul1C ry school or similar ~mises.

(2) The provisions of (lie proc«Iin g su bsect ion shall not

apply _

la) to patiellll; or in matell of " Ilospital or clillic. ill resptoct

of any area in such premise& designated by the Superilltendenl n

an area wherein smoking by patients or inmates is permitted: and

working ill a Ilo5pital. clinic. school. day

(h )

pe1'IiOIlS

home or sim ilar premises. in ~I of lily area in such premisea

appro\'ed by the Superintendent as R smok ing area.

(3) It shall be tbe duly d. the person in charge d. any

('lremises mentionw in subsecTion m of this section .• nd of Ihe dri ver

and conductor of any pu blic Il'1IlISporI. to cmvre Ihat I n Ippropriate

sign or not ice il put up in a promillCD l place or plloCC$ as the case may

require. 110 as to aUrael attenTion Ih!! smolr:ina i$ prohibited. and il

shllll also be Ih e dUly of any such person 10 ensure that no smokilll

Takes place on Ihe premiRs or public Iral1Sj))l'l. 35 the case may be.

No person shall import. manufllcture. sell. supply or dislribute

by way of compensation or otherwise any awee". confectiOD£rY or loys

ill the form of cigarettes. cigars or smoker's pipe

The provlSlOlIS 01. this Al.::t shall be in additioll 10 Rnd not

in derogation of lhe provisions of a ny otller law prohibiting or

reslrieting the smoki ng of lobaeeo for reasons of food hygiene.

I..

Where an offence under or alai nST any provision of this

Act. is committed by a company or an association or other body of

person s or a body corpora te esta blished by law. every person who al the

lime of the commin)oo of the offence WII • diteCtOl', manager, lea'etary

or ot her Similar officer of such company, lQOCiation 01' other body of

pcrsoM or a body corpora te established by law or was purporlin.g to

ac t in Iny $UCh capaci ty shall be decmod 10 be gu ilty of that offence

un less he prov~s that the offence wa s commincd without hili knowledle

and Ibat he ucrcised all due diligence to prevenl the commission or

the orteooe.

U. (I) Any person who oontravenes or fails to C()DlpJy with

any of the provisions of this Act or of an regulations made under this

Act shall be guilty of an offence against th is Act.

(2) Any person gu illy of an offence against this Act or against

aoy regulations made unde r this Act. sball. without prejudice to his

lia bility under any other Jaw. be liable. 011 first oonvi(:tion. to a f lIlC

(," a/ta) nol e.xceed ing five hundred Maltese liri. and where the aCI or

omissiOll constituting the offence subsists for more than a day, the Court

sb all in addi tion impose a fine (m a/ta) of nOI less than two Maltese liri

and not more than fifty Mallcse \iri for eacb day in which such act or

omission subsists. and on a second or subsequent oonviction. to imprison-

ment for a term not exceeding three IDonths. in addiTion to such fioes,

and. at the requesl of the pro=ution, 10 suspension of the licence of the

premises or public transport where the offence took place, for a period

not ex ceeding one month.

The Tobacco (Control of Advertisement) A~I. 1970. se<;tion R<r-t ood ... inl

186A of the Code of Police La ws and section llA of Ihe Traffic Regul a- "'et XXX t of

tion Ordinance, art hereby repealed without prejudice to any piOCeeJ_ (971).

ings taken or Ihat may be ta ken the reunder or in respecl of offences com· Cap, U

mitted against tbat Act or any of tbe said sectiOIlll.

iI ) There shall be a Committee, to be known as the Com- Corn",i" ... on

mittee on Smoking and Health . hereinafter referred 10 as the Committee, S"",\:inl

which shaH be composed of -

the Superintendent of Public Health, as Chairman;

(a)

the D irector of Education Or his representative;

(b)

!be ~tary, Ministry of Fi nance or his representative;

(c)

(d) !be Dean of the Faculty of Medicine at the University

of Malta; and

five members appointed by the Minister of Health as

(e)

follows

(I) a medical practitioner from the Department of

Healtb engaged no health promotion education;

(ii) one member invoh'ed in the tobacco industry;

(iil) one member from among the voluntary organisa.

tion interested in the reduc tion of the risks to health resulting

from smoking; and

(iv)

two OTher members.

(2) The members mentioned in paragraph (e) of this section

shall be appointed to\' suc h term and under such oonditions as set out

in their respective letter of appointment.

(3) The Mi nister shall appoiot a public offittr to be Secretary

to tbe Committee.

(4) It shall be tbe duty of this Committee 10 advise the M inm.

ter on any measure, includ ing legislation, which may be nocelsary or

expedient to reduce The risk to health ariSing from the consumption of

tob~ r c o or tob~ r r o pro,inet . ~lUl to r oordill~t~ ~lld prOInote ~c tiviti~ .

r~htNl to th~ l'r~v~lltioll ~lUl r ontrol of .. nokill li!of su rh itNU' .

S~v. ~s l'rovi(l~d ill this Ar t. th~

COlmnittH In~y ~ft

(5)

llo tv;ith. t~lldillg ~lly v~r~llry ill it. In~Inb~rdril' ~lUl In~y nli!lIht~

it.

o'nll'ro r ~(hu-~ .

Passed by the House ofR"'Presentat1ves al Sittlllg No 409 of lhe 3rd December,

1986. P AUL XUElEB

S~akl'r

P . M USCAT T E~R l lll tll

A ai"R C/prk III the /1 nl/se (JI RrpTtst'nfllli'-es

Ippubblib' mi,· Toq<ima ta<-T.ghrif !(aSlilj. P"bfuhed by ,h. Info .... alio" DI'ru;,m

Kmliljo

~tbugh USI2lql<riJltal-&.= - Printod at tIoo """""' ..... , Pri_t l'ns:;

Pr= tic - Pnc. 6c