Draft Laws

Food and Medicine Administration Proclamation /Draft/

PART FIVE
TOBACCO AND RELATED PRODUCTS ADMINISTRATION
47. Tobacco product special license and related products
1) No person may manufacture, import, wholesale, or distribute any tobacco products without having a special license from the executive organ.
2) It shall be prohibited to manufacture, wholesale, distribute, sell, or offer to sell or import to trade any Electronic Nicotine Delivery System or other related cigarette resembling technology product.
3) Every tobacco grower and manufacturer shall have the obligation to prevent and control potential harms caused on the health of its employees or the environment as a result of tobacco growing or manufacturing.
4) For the purpose of this article, “electronic nicotine delivery system” means an electronically operated product designed to deliver an aerosol to users by heating a solution comprised of nicotine and typically, but not necessarily, propylene glycol and/or glycerol, and often flavoring; and any component, including a cartridge, a tank and the device without cartridge or tank, intended for use with or in the product.
5) For the purpose of this article, “other related cigarette resembling technology product” includes any tobacco product that is consumed by creating an aerosol or vapour via a process of heating tobacco without full combustion and includes any device and associated parts intended for use in consumption of the product, whether or not sold separately from the product.

48. Tobacco products content and disclosure
1) No one may manufacture, import, wholesale, sell, or offer to sell tobacco products containing prohibited ingredient by the executive organ.
2) Every tobacco manufacturer or importer shall maintain and, upon request, provide information about ingredients used in the manufacture of each of their tobacco product, its emission, or any other information about the product to the executive organ. If the executive organ receives legally protected trade secret during implementation of this sub-article and the manufacturer or importer declared the same in writing, the executive organ shall have the duty to protect its confidentiality.
3) No person shall manufacture, import, wholesale, distribute, sell, or offer for sale any tobacco product that:
a) has a characterizing flavor, whether or not the product packaging indicates that the product has a characterizing flavor;
b) contains a flavoring in any of its component, or the packaging, wrapping or any technical feature of the product allowing modification of the smell or taste of the product;
c) contains one or more additives with properties associated or likely to be associated with energy or vitality, a health benefit, or reduced health risk, such as but not limited to, amino acids, caffeine, taurine or other stimulants, vitamins, and minerals, or is represented or suggested as containing any such additives or as having such properties;
d) contains a colorant to change the color of tobacco smoke; or
e) does not conform to other tobacco product requirements adopted by the executive organ.
4) For the purpose of this article “characterizing flavor” means a taste or smell, other than one of tobacco, resulting from a natural or artificial additive or a combination of additives, including, but not limited to, fruit, chocolate, vanilla, honey, candy, cocoa, menthol, alcohol, spice or herbs which is noticeable before or during the consumption of the tobacco product.
5) Detail requirements with regard to content and disclosure of tobacco products shall be determined by a directive issued to implement this proclamation.
49. Prohibition of smoking and tobacco use in public places
1) No person may smoke or use tobacco products in any part of all indoor workplaces, all indoor public places, on all means of public transport, and in all common areas within condominium housings.
2) No person may smoke or use tobacco in any outdoor space that is within ten meters of any doorway, operable window, or air intake mechanism of any public place or workplace provided under sub-article (1) of this article.
3) Notwithstanding to sub-article (2) of this article, smoking in any outdoor part of healthcare facilities, government institutions, facilities including schools intended mainly for children or youth under the age of 18, higher education institutions, youth centers, amusement parks, and any other places as determined by the executive organ or regional health regulators shall be prohibited.
4) For the purpose of this article:
a) “public place” means any area that is accessible to the general public or collective use by the general public;
b) “workplace” means any area in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes any common area which generally is used or frequented in the course of employment or work;
c) “indoor” means any space covered by a roof or one or more walls or sides, regardless of the type of material used and regardless of whether the structure is permanent or temporary.
50. Tobacco products sale
1) No person may directly or indirectly sell or offer tobacco products to any person under the age of 18.
2) It shall be prohibited to sell tobacco products within the premises and within ten meters of the premise where smoking and tobacco use is prohibited under this proclamation.
3) No person shall sell or arrange for tobacco products to be sold or enable or facilitate such sale, by any other means, including via the internet, mail or telecommunication or through any means by which the purchaser and seller are not in the same physical location.
4) Tobacco products may only be sold in intact packages containing 20 sticks or consisting of the specified weight as prescribed by the executive organ.
5) It shall be prohibited to manufacture, import, store, wholesale, distribute, sell, or offer to sell any shisha product. A trade activity that is intended to provide a place for smoking of shisha or other tobacco products shall be prohibited.
6) For the purpose of this section “shisha” includes tobacco products that may be flavored or non-flavored that are consumed using a single or multi-stemmed smoking instrument that contains water or other liquid through which the smoke passes before reaching the smoker and whose syrup tobacco content includes molasses, honey, vegetable glycerol and fruit flavors.
51. Duty to enforce tobacco-free provisions
1) It shall be the duty of the owner or another appropriate person in charge of the management of the public place or public conveyance for which tobacco smoking, use or sale is prohibited to ensure that no one smoke, use, or sale any tobacco product, and to ban the placement of an ashtray or other comparable devices intended for tobacco use in such places.
2) The owner or another responsible person of the public place or conveyance, or, in the case of a workplace, the employer or another appropriate person, shall post clear and prominent notices regarding the prohibition of tobacco smoking and use along with its corresponding “no-smoking” sign.
52. Protection against tobacco industry interference
1) Interactions between any government organ responsible for the adoption of public health policy and the tobacco industry shall be limited to only those strictly necessary for effective regulation of the tobacco industry or tobacco products.
2) Any interaction made in accordance with sub-article (1) of this article, and whenever the tobacco industry contacts the government to initiate an interaction of any kind, the appropriate government official shall ensure full transparency of the interaction and of the contact, and it shall be appropriately documented.
3) No person having financial or other interest in the tobacco industry may participate in tobacco control training, workshop, or related events unless in accordance with an invitation by the relevant health regulator.
4) No government organ or an official working in the area of health policy should receive any financial or in-kind contribution from the tobacco industry. A government organ may receive contribution from the tobacco industry in accordance with sub-article (5) of this article.
5) Any financial or in-kind charitable contribution by a tobacco industry may be given provided that the contribution is not, in any way, publicized and it does not have the aim or effect of promoting tobacco products.
6) For the purpose of this article, “tobacco industry” mean tobacco manufacturer, importer or wholesaler.
53. Tobacco taxation, and prevention and control of illicit trade in tobacco products
1) The federal government organ responsible for initiating the country’s tax policy shall levy a tax on tobacco products consistent with the World Health Organization Framework Convention on Tobacco Control which Ethiopia has ratified.
2) The responsible government organ shall control illicit trade in tobacco products in accordance with the World Health Organization Framework Convention on Tobacco Control which Ethiopia has ratified.

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