TAIWAN DRAFT TOBACCO HAZARDS CONTROL ACT Department of Health of the Executive Yuan September 1992 _________________________________________________________________ CHAPTER I General Provisions Article 1 This law has been specially enacted in order to prevent and control damage from Tobacco Products and to protect the public's health. Any matter not regulated by this law shall be governed by other laws and regulations. Article 2 The definitions of terms used in this law are as follows: (1) "Tobacco Products" mean products which are made or processed from raw tobacco including cigarettes, cigars, cut tobacco, snuff, chewing tobacco, and other tobacco products. (2) "Tobacco Use" means smoking or chewing Tobacco Products or carrying lit Tobacco Products. (3) "Tobacco Product Containers" means boxes, cans and other containers used to wrap Tobacco Products. Article 3 The term "Competent Authority" as used in this law means at the central government level the Department of Health of the Executive Yuan; at the provincial (or special municipality) level, the Department of Public Health; and at the county (or city) level, the county (or city) government. Matters provided in this law which concern or relate to the jurisdiction of relevant ministries or commissions shall be handled by the Competent Authority at the central government level in consultation with the relevant ministries or commissions. Article 4 The Competent Authority at each level shall establish a unit or appoint a specialist to be particularly in charge of matters concerning the prevention or control of damage caused by Tobacco Use. CHAPTER 2 The Regulation of Tobacco Products Article 5 Tobacco products shall not be sold by automatic vending machines. Article 6 Chewing tobacco, snuff, and Tobacco Products which are publicly announced and prohibited by the Competeent Authority at the central government level shall not be imported, manufactured, or sold. Article 7 Tobacco Product Containers shall have health warning notices in Chinese in obvious places on their largest exterior sides. The health warnings in the above paragraph and their methods of expression shall be prescribed by the Competent Authority at the central government level. Article 8 The amount of nicotine and tar contained in Tobacco Products shall be indicated on their Tobacco Products Containers. The nicotine and tar in the above paragraph cannot exceed the maximum amount. The maximum amount and its testing methods shall be prescribed by the Competent Authority at the central government level in consultation with the relevant ministries and commissions. Article 9 The following measures cannot be used for promoting or advertising Tobacco Products: (1) Radio, television, films, newspapers, magazines, billboards, posters, fliers, notices, announcements, samples, signs, displays, or any other written or painted material. (2) Using discounts for propaganda (3) Using other articles as gifts or prizes for selling Tobacco Products. (4) Using Tobacco Products as gifts or prizes for selling other articles. (5) Selling tobacco products wrapped together with other articles. (6) Distributing tobacco product samples individually, unpacked or packed. (7) Sponsorship of athletic, artistic or other events under the brand name of a tobacco product. (8) Holding tast tests, concuts or speeches. (9) Signify cigarette brand logos or cigarette company logos, or disply tobacco products or tobacco packgins at the tobacco product retail outlet. (10) Any other practice determined and announced by the Competent Authority at the central government level to constitute unlawful advertisement or promotion of tobacco products. Article 10: The following action cannot be considered as promoting or advertising tobacco products: In the case of a tobacco product retail outlet, anyone who manufactures, imports or sells tobacco products using written or painted signs stating it as a tobacco product retail outlet, or using list to show the tobacco product brand names or prices. The format, wording and other related issues of the above signs or lists are to be stipulated by the Competent Authority at the central government level. Tobacco products shall not be promoted for sale in the following ways: (i) Using Tobacco Products as a gift or prize in connection with the sale of other products; (ii) Using other products as a gift or prize in connection with the sale of Tobacco Products; (iii) Using Tobacco Products together with other products as a package; and (iv) Using notices, public announcements, hanging or erecting signboards, singing concerts, or speeches to promote Tobacco Products. CHAPTER 3 Restrictions on Tobacco Use by Children and Teenagers Article 11 Tobacco Use by people less than age 18 is prohibited. Tobacco Use by people less than age 18 shall be prohibited by their parents, adopting parents, or custodians. Article 12 Tobacco Products is prohibited to sale to people who are less than 18 years of age. CHAPTER 4 Places Where Tobacco Use is Restricted Article 13 Tobacco Use is prohibited in the following places: (1) libraries, museums, galleries, classrooms and laboratories; (2) performance halls, auditoriums, exhibition rooms and conference halls (rooms) which are either closed or have air conditioners; (3) indoor gymnasiums and swimming pools; (4) domestic flights on civil air carriers, passenger buses, cable cars, taxis, ferry boats and elevators; (5) day care centers, kindegartens and other such places; (6) medical treatment organizations, nursing institutions, and other medical organizations; (7) banks, post offices, and telecommunications offices; (8) places used for the manufacture, storage, or sale of flammable or explosive items; and (9) other places designated and publicly announced by the Competent Authority at the central government level. The places set forth in the above paragraph shall have clear notices prohibiting Tobacco Use. Article 14 Tobacco Use is prohibited in the following places except those areas (rooms) which are designated as areas permitting Tobacco Use: (1) schools, social education halls, memorial halls, cultural centers, opera houses, movie theatres, and other performance places; (2) tourist hotels, department stores, supermarkets, shopping centers, and restaurants which occupy a floor area in excess of 200 square-meters; (3) trains and steamboats; (4) the ticket offices and passenger waiting rooms of stations, ports, and airports; (5) government offices and government-owned organizations; (6) other places designated and publicly announced by the Competent Authority at the central government level. The areas (rooms) where Tobacco Use is permitted that are set forth in the above paragraph shall be clearly delimited and marked. Article 15 The people in charge of matters in government organizations and the responsible persons and employees of both government- owned enterprises and all places where Tobacco Use is prohibited shall dissuade people from Tobacco Use in places where Tobacco Use is prohibited by paragraph 1 of Article 13 and paragraph 1 of Article 14. Article 16 The Competent Authority at the special municipality level and the county level shall periodically send officials to examine the installation and the regulation of the areas (rooms) permitting Tobacco Use and restricting Tobacco use which are prescribed in paragraph 2 of Article 13 and paragraph 2 of Article 14. CHAPTER 5 Provide Education and Guidance about the Damage Caused by Tobacco Use Article 17 All organizations and schools shall actively conduct education and guide the people in order to prevent and control damage caused by Tobacco Use. Article 18 Medical treatment organizations, mental health consultation organizations, and public interest groups may provide consulting services with regard to stopping Tobacco Use. Article 19 The image of Tobacco Use shall not be emphasized in television programs, drama performances; or audio-visual singing. CHAPTER 6 Penalties Article 20 One who violates Article 5 shall be penalized by an administrative fine of not less than ten thousand New Taiwan Dollars and not more than thirty thousand New Taiwan Dollars. The administrative fine may be imposed on the violator each day until the vending machines are stopped from selling Tobacco Products. Article 21 One who violates Article 6 shall be penalized by an administrative fine of not less than one hundred thousand New Taiwan Dollars and not more than three hundred thousand New Taiwan Dollars. The Tobacco Products which are discovered shall be confiscated and burned. Article 22 One who violates paragraph 1 of Article 7, paragraph 1 of Article 8, or the method of expression prescribed in paragraph 2 of Article 7 shall be penalized by an administrative fine of not less than one hundred thousand New Taiwan Dollars and not more than three hundred thousand New Taiwan Dollars. The Competent Authority shall notify the manufacturors, importers and sellers to retrieve and rectify the product within a prescribed time limit. Those who fail to comply with the notification shall be ordered to suspend the manufacture or importation of Tobacco Products for a period of not less than six months and not more than one year. The illegal Tobacco Products shall be confiscated and burned. Article 23 One who violates Article 9 or Article 10 shall be penalized by an administrative fine of not less than one hundred thousand New Taiwan Dollars and not more than three hundred thousand New Taiwan Dollars. Violators who have been penalized three times shall be ordered to suspend their manufacture, importation, or sale of Tobacco Products for a period of not less than six months and not more than one year. Commercial advertisers or public media operators who produce advertisements for Tobacco Products or accept them for broadcasting, dissemination, or publication in violation of Article 9 shall be penalised by an administrative fine of not less than fifty thousand New Taiwan Dollars and not more than one hundred and fifty thousand New Taiwan Dollars, and the fine shall be imposed for each violation. Article 24 One who violates paragraph 1 of Article 11 shall receive education about stopping Tobacco Use. The parents, adopting parents, or custodians who violate paragaph 2 of Article 11 shall receive education about the damage caused by Tobacco Use. Those who fail to receive the education without any reason shall be penalized by an administrative fine of not less than twelve hundred New Taiwan Dollars and not more than six thousand New Taiwan Dollars, and those who fail to receive the education after having been notified for the second time shall be penalized for each time of such failure until they receive the education as noticed. Article 25 One who violates Article 12 shall be penalized by an administrative fine of not less than three thousand New Taiwan Dollars and not more than fifteen thousand New Taiwan Dollars. Article 26 Those who have not been dissuaded pursuant to Article 15 and who have refused to cooperate regarding Tobacco Use in places where Tobacco Use is prohibited in violation of paragraph 1 of Article 13 or paragraph 1 of Article 14 shall be penalized by an administrative fine of not less than one thousand New Taiwan Dollars and not more than three thousand New Taiwan Dollars. Article 27 One who fails to post notices prohibiting Tobacco Use, or who fails to clearly separate and delimit areas where Tobacco use is prohibited from areas where Tobacco Use is permitted and post notice therein, in violation of paragraph 2 of Article 13 or paragraph 2 of Article 14, shall be penalized by a fine of not less than ten thousand New Taiwan Dollars and not more than thirty thousand New Taiwan Dollars and further, such a person shall be notified to rectify the violation within a prescribed time limit. One who fails to rectify the violation within the prescribed time limit shall be penalized consecutively for each day exceeding the limit. Article 28 Where one is notified to pay an administrative fine imposed in accordance with this Law within the prescribed time limit and fails to do so, the case shall be transferred to the court for compulsory execution. Article 29 The administrative disposition of suspending manufacture, importation, or sale rendered by the Competent Authority in accordance with this Law shall be transferred to the government agency in charge of the enterprises concerned for execution. CHAPTER 7 Supplementary Provisions Article 30 The enforcement rules of this Law shall be prescribed by the Competent Authority at the central government level in consultation with the relevant ministries or commissions. Article 31 This Law shall be effective on the date of promulgation.