Cape Town - MPs slammed the Department of Health on Wednesday for proposing stricter smoking regulations, saying there was no “rationale” behind the plan.
The amendments to the Tobacco Products Control Act would criminalise smoking in any building, outdoor venue, public or private beach, outdoor drinking or eating area, park, walkway, parking area, or within 10m of any doorway or window.
The director of health promotion at the department, Vimla Moodley, told the committee on health many non-smokers felt that existing laws did not protect them adequately and wanted indoor smoking areas to be banned.
“You find that at many of these places, mothers go into the smoking areas with young children. We are hoping that with these new regulations, we are going to see less of this,” Moodley said.
Public comment on the regulations closed last month. Moodley said the department was reviewing the submissions and hoped to finalise the law before the end of the year.
She said many businesses were putting measures in place to comply with the new regulations.
The department would conduct tests on the efficiency of warning labels and pictures on tobacco products, with a focus on the Western Cape and Gauteng.
Moodley said there were about 44 400 smoking-related deaths a year in SA.
Cope MP Papi Kganare questioned the purpose of the regulations and the department’s ability to enforce them. “I’m really concerned that smokers are being pushed down here. I get the impression that you want to prohibit smoking completely,” Kganare said.
He said the retention of designated smoking areas would be fair to smokers.
“You want to ban these places – where are they supposed to smoke? I thought it was better to have designated places for them. We just have to ensure that no children be allowed in there.”
ANC MP Christina Dube said the regulations were too restrictive.
“You can’t say people must not smoke on the pavement. That is where they feel comfortable. What happens when these businesses, like Wimpy, start complaining that you are shutting them down by doing this? Let us not pass laws just for the sake of doing so,” Dube said.
Under the proposed regulations, business owners could be fined as much as R50 000, and employers up to R100 000 if they did not enforce the law.
Should the regulations be passed, there would be a ban on indoor smoking in public places.
Outdoor smoking in certain public places would also be prohibited, including stadiums, sports arenas, parking lots and walkways.
On beaches, smokers would have to be at least 50m away from the nearest person. Smokers would not be allowed to light up within 10m of a window or doorway in a public place.
Employers and the owners of establishments such as restaurants would be allowed to demarcate an outdoor area for smokers subject to stringent conditions, and would not be allowed to serve food or refreshments in this area.
The department is to be summoned again by the committee to discuss outstanding issues.
Cape Times