CHINA - 2 NATIONAL LAWS (1992 & 95) Health clauses contained in: Law of the People's Republic of China on Tobacco Monopoly Implementation date 1st January 1992 Official translation Article 5 The state shall strengthen the scientific research and technological development of tobacco monopoly commodities, so as to improve the quality of tobacco products and reduce the content of tar and other hazardous ingredients in such products. The state and society shall intensify the publicity of and education in the fact that smoking is hazardous to health, forbid or restrict smoking on public traffic vehicles and in public places, dissuade teenagers and youngsters from smoking, and forbid primary school pupils and middle school students from smoking. Article 18 The state shall lay down the tar content grading standards for cigarettes and cigars. The packages of cigarettes and cigars shall indicate the grade of tar content and that 'smoking is hazardous to your health.' Article 19 Advertising for tobacco products shall be banned on broadcasting stations, television stations, or on newspapers or periodicals. ------------------------------------------------------------ THE ADVERTISING LAW OF THE PEOPLE'S REPUBLIC OF CHINA Passed on 27 October 1994 Effective 1 February 1995 SECTORS THAT REFER TO TOBACCO ADVERTISEMENTS Article 2 In this law, advertisements refer to any commercial advertisements, which are financed by merchandisers or service providers, to, directly or indirectly, though certain media or forms, introduce the goods they sell or the services they provide. Article 18 The use of radio, movies, television, newspaper and magazines to disseminate tobacco advertisements is banned. The setting up of tobacco advertisements in public places, including all kinds of waiting rooms, cinemas and theatres, meeting rooms and halls, sports stadia, etc, is banned. Tobacco advertisements must carry a notice that "Smoking is harmful to health" Article 42 Violations of Article 18, using radio, movies, television, newspapers and magazines to disseminate tobacco advertisements, or setting up of tobacco advertisements in public places: The organisation for supervising and managing advertisements will order the responsible advertisement owners, the advertisement traders and the advertisement disseminators to stop the dissemination, will confiscate the advertisement costs, and will issue a penalty of more than one-fold but less than five-fold of the costs of the advertisement. ------------------------------------------------------------ TEMPORARY REGULATIONS OF BANNING SMOKING IN PUBLIC PLACES IN SHANGHAI CITY ISSUED BY THE MUNICIPAL GOVERNMENT OF SHANGHAI CITY 19 September 1994 Article 1 (Objective) The objective of these regulations are to control the hazards of smoking, to protect the health of people and to protect the environment. Article 2 (Responsible Departments) The responsible department for these regulations will be the Shanghai Municipal Public Health Bureau for the banning of smoking in public places in the city, and the District and County Public Health Bureaus are responsible for their districts. Article 3 (Places where smoking is banned) In this city, smoking is banned in the following places: (1) Auditoria of cinemas, theatres and music halls, videohalls, entertainment halls, music or ballrooms, music cafes (2) Auditoria and competition halls of indoor sports stadia (3) Reading room in libraries; museums, art galleries, and exhibition rooms of exhibition halls (4) Places of business in shopping stores or malls of an area of more than 200 square metres (5) Inside public transport and waiting rooms for public transport (6) Waiting rooms, treatment rooms and wards in medical institutions (7) i. In schools: classrooms, laboratories, and other locations where indoor educational activities take place; ii. In nurseries: areas for children's activities (8) According to specific needs, the Municipal Public Health Bureau can specify other areas where smoking should be banned Article 4 (Community Publicity) Health education on the health hazards of smoking and community publicity to discourage smoking shall be actively undertaken by educational, cultural, health, environmental protection, and news organisations, etc. Article 5 (Self-Management) The following responsibilities should be executed by the organisations where smoking is banned. (1) Establish a system in the organisation of banning smoking and penalties for smokers who violate the regulations (2) Provide health education and publicity related to the smoking bans (3) Display obvious no-smoking signs in places where smoking is banned (4) In places where smoking is banned, no smoking utensils, or signs and materials with a tobacco advertisement should be set up (5) In places where smoking is banned, smokers who are smoking should be persuaded to stop or leave. If they refuse,they must be penalised, according to the regulations of the organisation Article 6 (The rights of the passive smoker) Where smoking is banned, passive smokers have the right to ask smokers in that place to stop smoking, to ask the organisation to implement the regulations in Article 5, Items 3,4,5 above, and to report violations to the Municipal, District or County Public Health Bureau. Article 7 (Penalties of the organisation of places where smoking is banned) The Municipal, District and County Public Health Bureau can penalise organisations which violate these regulations according to the following: (1) Violations of Article 5, Items 1 or 2, a warning will be issued and corrections should be made within a specified period. (2) Violation of Article 5, Items 3 or 4: Penalty Yuan 500-1,000. If repeated and not corrected, the institutions can be ordered to stop business and to re-organise. (3) Violations of Article 5, Item 5: Penalty Yuan 1,000-2,000. If repeated and not corrected, the institutions can be ordered to stop business and to re-organise. Article 8 (Penalty notice and receipt) When the Municipal or District or County Public Health Bureaus are issuing penalties, they should issue a notice and when they receive the fine, they should issue a standard receipt produced by the Municipal Finance Bureau. The fines collected should be submitted to the national treasury according to the regulations. Article 9 (Obstruction of duties) When there is refusal and obstruction of the responsible public health personnel in the execution of their legal duties but without the use of violence or threat, the Public Security Bureau will act according to the People's Republic of China Public Security Management and Penalties Regulations. When there are criminal offences, criminal responsibility will be pursued. Article 10 (Appeal and litigation) Any persons who object to the penalties can appeal or proceed with litigation, according to the regulations of the Administrative Appeal Regulations or the People's Republic of China's Administrative Litigation Laws. If there are no appeal or litigation after a specified period and no compliance of the penalties, the organisation issuing the penalties can apply to the court for compulsory execution according to the People's Republic of China's Administrative Litigation Laws. Article 11 (Requirements of responsible public health personnel) The responsible public health personnel should strictly observe the laws and implement the laws fairly. Violations, accepting bribes and erroneous execution will be penalised administratively. If criminal offences are committed, criminal responsibility will be pursued. Article 12 (Penalties from organisations where smoking is banned on individuals) Organisations where smoking is banned can penalise persons who violate the regulations according to the system of banning smoking established by the organisation. Article 13 (Banning smoking in other places) National organisations, enterprise or business units, community and other organisations should establish no-smoking places in internal meeting rooms, libraries, shop floors, restaurants and other non- commercial entertainment rooms, and carry out supervision and management. Article 14 (Explanation of clauses) The Shanghai City Municipal Public Health Bureau is responsible for the interpretation of these regulations. Article 15 These regulations will be implemented on 1 December 1994. ------------------------------------------------------------