3A
Standards for manufacturing, importing and export of tobacco products
(1) No person shall manufacture or import a tobacco product unless it complies with such
standards as may be prescribed.
(2) Every manufacturer and importer of a tobacco product shall provide such information
about the product and its emissions to the Minister and the public as may be prescribed, in
the prescribed manner and within the prescribed time.
(3) (a) No person shall export a tobacco product from the Republic unless the tobacco
product meets the product and testing standards of the country of final destination.
(b) If no such standards exist in the country of final destination, the provisions of this
section apply.
4
Prohibitions in respect of tobacco products
(1) No person shall sell or supply any tobacco product to any person under the age of 18
years.
(2) The owner or person in charge of any business shall ensure that no person under the age
of 18 years in his or her employ or under his or her control, as the case may be, shall sell or
offer to sell any tobacco product on the business premises.
(3) No person may sell or supply any confectionary or toy that resembles or is intended to
represent any tobacco product.
(4) No person shall sell or offer to sell tobacco products in(a) any health establishment contemplated in section 1 of the National Health Act,
2003 (Act 61 of 2003), including any pharmacy; and
(b) any place where a person under the age of 18 years receives education or
training.
(5)
(a) No person shall sell, offer to sell, supply, distribute or buy any tobacco product
through the postal services, the internet or any other electronic media.
(b) The prohibition contained in paragraph (a) does not apply to any commercial
communication between a tobacco manufacturer or importer and its trade partners,
business partners, employees and shareholders.
(6) Subject to section 252A of the Criminal Procedure Act, 1977 (Act 51 of 1977), the
Director-General may authorise in writing any person or class of persons to monitor
compliance with this section in the prescribed manner.
4A
Free distribution and reward prohibited
(1) No manufacturer, distributor, importer or retailer of a tobacco product, or any person or
agent acting on behalf of a manufacturer, distributor, importer or retailer, shall for free, or at
a reduced price, other than a normal trade discount(a) distribute any tobacco product; or
(b) supply any tobacco product to any person for subsequent distribution.