Health Wamiap (On Smoking) Regulations, 1987 (onsmoking)

L.N. 18 of 1987

TOBA CCO (SMOKING CONTROL) ACT, 1986

(ACT NO. XLII OF 1986)

Health Wamiap (On Smoking) Regulations, 1987

IN exercise of the powers conferred by se<:tion 10 of the Tobacco

<Smoking Control) Act, 1986, the Mini~ter of Health has made the

following regulations:-

These regulations may be cited as the Health Warnings (On

Smokiog) Resulation~. 1987.

In these regu1ation~. unlC5.S the context otherwise requires -

{RegulatiOll 3 (I))

Heallh warnings which may be use<.J in accordance with the requirements of the

Tobacco Smoking Control Acl, 1986

I. Ggarettes can cause lung cancer and heart disease.

2. Smoking during preguancy endangers the health of mother and baby.

3. If you stop smoking you improve your health and live longer.

4. The morc you smoke the more you risk your health.

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"the Act" means the Tobaa:o (Smoking Control) Act. 1986;

"cigarette" doe~ not include cigars or other forms of tobacco

or tobacco products.

J. \I) The health warnings requ ired to be shown, affixed, dis-

played or broadcast under the Act shall be one of the warnings set ont to be """rdiq

in the Schedule to Ihese regulations.

The health warning shall be shown, affixed or displayed in

(2)

()(\e of the official languages of Malta and, unless otherwise pm;cribed in

these regulation., shall be of a reasonable size a.s to be promineotly legible

and capture the allentiOll of the person reading it. taking into considera·

tion the size and colour bac~ground on which it is shown. affixed or

displayed. 10 the satisfactiOll of the Superintendent.

(3) Each warning in the Schedule shall be preceded by the

words "DANGER: Del". of Health WARNING".

(l) It shaH be the duty of every person so required under the lioalth

Act in respect of a cinema to ensure that th e warning shown 011 the screen _miDi>

at the beginning of the film is different from the one shown immediately in cinom • •.

on the resumpt ion of the show after Ihe interval.

(2)

The healtb warning which is displayed in a cinema shall

be substituted every three months by another waroing from the Schedule

in such a way that all the warnings in the Schedule appear with the same

frequency during a year.

(3) The health warnin!! shown as aforesaid shaH be displayed

for a minimum period of 30 ~ouds.

S. The provisioru; of panlgraphs 2 and 3 of regulation 4 of these H.aJth

regulations shaH apply mutatis mulandir to visual warnings required to waruin,g.

durln,

be broadcast under the Act in respect of broadcasting stations.

(I) The health warning in respect of advcns for any panicular

brand of an item to which the Act applies. appearing in any nCW$pllper

or magazine shall, where applicable. be changed at least every three

months in such a way that all the warnings in the Schedule shaH as far as

possible appear with the same frequency during a year.

(2) The Superintendent may require that the warning on any

other advert as is referred to in section 6 of the Act other than in the case

of an illuminated sign. be changed or rotated as may in his opiniOll be

practicable and reasonably necessary but in any case not mocc frequently

than once every twelve months.

(3) Notwithstanding the provisions of paragraph (l) of regula-

tion 3 of these regulat ions. the following warning (in one of the official

languages of Maha) may be used in respect of adverts to which the provi-

sions of paragraph 2 of this regulation applies -

" TAKE CARE OF YOU R HEALTH -

DO NOT SMOKE"

(I) The health warning on a package of cigarettes shall be

endo5ed in B rectangle which ~hall be of a size approximately 15 milti-

metres by 50 millimetres or equivalent area. The letters for the health

warning shall be block: letters and the ir size shall be uniform Ibrougbout

and shall be .web as 10 reasonably occupy as fully as possible the ipace

in the rectangle, 10 the nlisfaction of the Sup~rintendent.

(2) It shall not be lawful to place such warning only on the

lransparenl foil or outer wrapping of a cigarette package.

(3) In every batch or consignment manufactured or produced

all the different health warnings from the Schedule sha ll be used equally

on each brand.

(4) Wilholll prejudice 10 Ihe requirements of the Act in respect

of health warnings. the provisions of this regulation shall apply mmatis

mutandis to imported cigarettes in so far as such compliance is in the

opinion of the Superintendenl reasonable or practicable.

(5) It shall be lawful to include Ihe doclaralion of tar and

nicotine content within Ihe space bordered by Ihe rn:tangle referred 10 in

paragraph (I) of this regulalion.

The health warning 10 be displayed al or in any premises from

whkh cigarelles. cigars. tobacco Of tobacco products or smoking requi-

sites are sold shall be prominently displayed as near as is reasonahly

practicable to the place where such items are displayed or sold and in

such a way as to attract the attention of customers or other persons 00

the premises and so as to be easily seen and read by them. No ankle

shal l be put in such a WlIy as to hinder such persons from easily reading

su.::h warning.

The Superintendent may require any person respornibJe for

ensuring complianc<: with the provisions of these regulations to provide

such informatioo as may be reasonably nocessary to ensure that the provi_

sion s of these regu lations are complied with and it shall be the duty of

sucli person to comply with any such request from the Superintendent.