Tobacco Products Control Act, 1993 (Act No. 83 of 1993)RegulationsRegulations relating to the Display of Tobacco Products at Wholesale and RetailGeneral requirements |
| (2) | No person shall display a tobacco product for sale at wholesale or retail outlet unless its display complies with these regulations. |
| (3) | The display of tobacco products for sale inside a wholesaler's or retailer's premises must be as follows: |
| (a) | tobacco products must be displayed only in a sales unit; |
| (b) | the sales unit is not on any counter accessible to the public; |
| (c) | there is not more than one sales unit in any premises; and |
| (d) | the display is confined to a single area not exceeding six square metres in the case of a specialist tobacconist premises or two square metres in the case of other premises. |
| (4) | The area of the surface of a display of tobacco products includes the whole of the area within the perimeter of the display. |
| (5) | Tobacco products shall be deemed to be displayed at more than one place if the display of the tobacco products is not continuous. |
| (6) | Tobacco products shall not be displayed elsewhere in the premises other than a sale unit. |
| (7) | Notwithstanding regulation 6, a display of cigars may be located in a place other than in a sales unit, provided that the cigars are— |
| (a) | in a humidified container that can be accessed only by a supplier or employee of the supplier; or |
| (b) | kept in a humidified room where the cigars can be accessed by a customer: Provided that while the customer is in the room, the customer is accompanied by the supplier or an employee of the supplier. |
| (8) | Packages or packets must be displayed in the form in which they are available or usually available for sale. |
| (9) | No tobacco product shall be exposed for sale within one metre of another displayed product which is designed or marketed for use of children, or of confectionary. |
| (10) |
| (1) | A display of tobacco products may include the price of the products only if the price is displayed in one or both of the following ways— |
| (a) | by a price ticket, or other indicator of price for each product, if it complies with regulations 11 and 12; or |
| (b) | by a single price list for products, if it complies with regulation 13. |
| (2) | If a product is not displayed at a retail outlet but is available or usually available for sale at the outlet, the retail price of the tobacco product may be displayed in the ways stated in sub-regulation (1)(a) and/or (b). |
| (3) | A display of tobacco products, or of the prices of tobacco products, must not include anything else about the price of a tobacco product including, for example, anything that states the price is discounted. |
| (11) | The information on each price ticket or price list of tobacco product— |
| (a) | must be limited to any combination of the following: |
| (i) | the brand name of the product, |
| (ii) | the packet size (by weight or by number of tobacco products contained in the packet), |
| (iii) | the price of the product; and |
| (iv) | a bar code or similar identification code used in the point of sale system of the business; |
| (b) | shall be printed— |
| (i) | in black Helvetica bold or plain type on a white background; |
| (ii) | in type which has a consistent size throughout the text, and |
| (iii) | in lower case type, except that the fist letter of a word may be in upper case type; and |
| (c) | must not contain any other feature. |
| (12) | The display of price tickets must comply with the following: |
| (a) | all the tickets must be of an approximately equal size (but in any case not exceeding 80mm x 40mm); |
| (b) | the text on each price ticket must be black standardised font not exceeding 15 millimetres in height; |
| (c) | each price ticket must— |
| (i) | in the case of a product that is visibly displayed in a retail display, be attached to or adjacent to the retail display; or |
| (ii) | in any other case be adjacent to the retail display. |
| (13) | The display of a price list of tobacco products must— |
| (a) | have the title "Tobacco products price list"; |
| (b) | not include the prices of any other products; |
| (c) | be worded with characters which are no higher than 7 millimetres; |
| (d) | have no border or frame; |
| (e) | not exceed 630 square centimetres in size; and |
| (f) | be limited to one price list per sale unit or one price list for each payment point. |
| (14) | At a sale's unit a rectangular sign must be displayed, with its longer sides horizontal and its shorter sides vertical, and the message "SMOKING CAN KILL YOU" and beneath it: 'WE CANNOT BY LAW SELL TOBACCO PRODUCTS TO ANYONE UNDER 18 YEARS" printed in black across it— |
| (a) | within a black rectangular border that is no wider than an upper case letter "i" in point size used for the words "SMOKING KILLS"; and on a white background within that border; and |
| (b) | in type face known as Helvetica; and in letters that are at least 2 centimetres in height and 1,5 centimetres in width. |
| (15) | A person must not display any tobacco product in premises where it is sold, using any of the following to enhance the display: |
| (a) | colour coding of the premises in colours that form part of the usual packaging of the tobacco product; |
| (b) | lines, borders and other visual design effects that make the display stand out; |
| (c) | partial imaging or wording of the packaging of the tobacco product; |
| (d) | mirrors or other reflective devices that reflect images of the tobacco product or any other product prohibited from display; |
| (e) | holograms linked to the display; |
| (f) | empty packets, cartons, cigarette shippers and boxes of tobacco products; |
| (g) | cabinets or display cases that contain trademark, colours or wording usually used in packaging of the tobacco product, except for a device containing no designs, colours, fabrics or wording usually associated with the packaging of the tobacco product that is used to allow it to be extracted; or |
| (h) | digital screens, motion pictures, movable setting, sound, scent, light or any other means that attract people's attention to the display. |
| (16) | A sales unit shall not— |
| (a) | display a price ticket or price board, other wise than in accordance with regulation 11, 12 and 13; |
| (b) | have a device that causes movement, visible to the public, of any part of the sale unit or of any tobacco product; |
| (c) | have a mirror or other reflective device, interior lighting, exterior lighting attached to the sales unit or external spotlighting; and |
| (d) | be positioned so that any packet of tobacco product faces more or less towards a window or a public entrance unless the window or public entrance is at least two metres from the display. |
| (17) | These regulations come into operation 6 months from the date of publication of the Gazette. |
Dr A Motsoaledi, MP
Minister of Health
Date: 18/10/2010