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INTRODUCTION, GENERAL INFORMATION AND PROTOCOL ALL COUNTRIES ARE FREE TO USE THIS INFORMATION TO DEVELOP A STATUETTE WHICH IS LOCALLY APPLICABLE AND CAN BECOME ENFORCEABLE ACT OF LAW.THIS DOCUMENT IS BASED ON THE INPUT PROVIDED BY MORE THAN 50 COUNTRIES PARTICIPATING IN THE WATCH-2000. ON THE RECOMMENDATIONS OF DR.RAY CROUCHER (U.K.) WHO HAS A CONSIDERABLE EXPERIENCE ON 35000 BANGLADESHI UK INHABITANTS IT HAS BEEN DIVIDED INTO TWO PARTS. PART "I" DEALS WITH THE NATIONAL PRIORITIES AND IS GENERATED FOR THE INDIAN SITUATION AND PART "II" PROVIDES A SPECIFIC FORMAT FOR DEVELOPING A PROPER PROTOCOL FOR ALL NATIONS) GENESIS: - Realising that the steps taken by Ministry Health in India and as well as in other countries of the world have not been adequate to ensure a tobacco free environment and the incidence of tobacco related disease continue to rise many fold it has become necessary to review the situation. The situation is improving in countries where smoking has reduced but in most of the less developed countries it is assuming an unprecedented challenge, which can become an uncontrollable disaster earlier than most of us realise Thus it has become mandatory to initiate corrective measure and to establish a National Tobacco Control Commission. in which adequate executive powers must be vested by an act of parliament. The commission to start with should include the representatives of the Ministries of Agriculture, Law, Human Resources and Health to develop, deploy and monitor the implementation of the Anti- tobacco Laws. (SUGGESTIONS FROM RECIPIENTS ARE INVITED.) PREAMBLE. Knowing that there is considerable scientific evidence that tobacco is a major causative agent in Oral Cancer , Lung cancer ,Stomach Cancer Bladder Cancer Chronic respiratory obstructive diseases,Cardiovascular disorders, Cerebrovascular disease, Peripheral Vascular disorders etc . Tobacco in the form of passive smoking is responsible for retardation of development of the brain in fetus and sudden death in newborns and infants. It is also injurious to expectant mothers. 90% of oral, oropharyngeal and laryngeal cancers are caused by the long-standing use of tobacco in the form of chewing and smoking as a single agent or as mix with other harmful agents. The relationship of tobacco to cancers of the urinary bladder and pancreas has been established. The use of oral tobacco in the form of pan masala over a period of time is associated with precancerous conditions, such as submucous fibrosis, leucoplakia and erythroplakia. ADDICTION Nicotine, the active ingredient of tobacco, is addictive and is comparable to cocaine in its habit-forming properties. Therefore, a user finds it difficult to give up this addiction in spite of good intentions. ECONOMICS The average Indian addicted to tobacco--either chewing (tobacco, pan masala etc.) or smoking--will spend a considerable amount of money over a period of 30 to 50 years. At the time of life when this individual should be enjoying the fruits of his (her) lifelong labour, he (she) stands at the door of a hospital for the treatment of a major health disorder caused by tobacco use, causing misery to himself and the family. The cost of treatment for the government and the taxpayers is enormous. One single patient who undergoes major treatment in a cancer centre costs the state at least 100,000 rupees. Obviously, it would be better to spend the money on prevention. This will both help the future generations to grow into healthy citizens and will save the strained resources of the state, contributing positively to the well being of all but an Eco-friendly environment as well. Therefore, we, the representatives of the various countries of the world participating in the WATCH 2000 meeting held from the 4th until the 8th December 2000 at New Delhi recommend that: - 1. Tobacco advertising, whether direct or indirect, in all media providing public information or entertainment in print, on air or through in TV channels should be banned. Violators must be punished. 2. Bidi packets should carry a prominent label in regional languages stating that tobacco is injurious to health similar to warning labels for cigarettes covering 1/3rd of the wrapping surface. 3. Smoking in public places should be banned since non-smokers have the right to live in a\ Smoke free environment Signboards announcing this must be displayed at entry points. 4.Information about the hazards of tobacco should be included in the school curriculum for children at the primary and junior school levels and poster displayed for early understanding. 5. The sale of tobacco and tobacco products to boys and girls under 18 years of age should not only be prohibited but made punishable under the laws of the land and its implementation ensured. 6. National TV Channels and radio should be used to warn of the hazards of tobacco and its products, informing both the illiterate masses as well the educated using visual and announcement. 7. A more lucrative alternative to tobacco farming should be found for the farmers in order to ensure a sustained growth of their farmlands and a far better quality of life for themselves 8. Information on the hazards of tobacco usage and on the treatment of smoking related diseases should be incorporated into the curriculum of medical and para-medical education but as an integral part of health sciences both at graduate and at undergraduate levels. 9. Specialist facilities to help individuals to give up tobacco usage should be available in all cancer clinics, cardiology centres, centres for respiratory diseases and in maternity clinics. 10. Medical, Paramedical and Nursing staff, as well as all those working in hospitals, clinics and rehabilitation centers should not smoke on the premises. Smoking or tobacco chewing by these persons should be considered a negative factor for employment in health services. PART "II " GENERAL PROVISIONS: GLOBAL DECLARATION Article 1: This declaration shall lay down measures to both restrict the use of tobacco products and to prevent / restrict the harmful effects of tobacco and tobacco- based products on human health. Article 2: Under this declaration, tobacco products shall mean cigarettes, beedis, cigarillos, cigars, tobacco for rolling cigarettes, pipe tobacco, and tobacco for chewing, sucking or sniffing. Article 3: Under this declaration, premises open to the public shall mean all premises intended to be used by the general population for activities carried out in the fields of healthcare, nursery care, education and training, trade, catering, sports and recreation and culture, gardens and parks. The premises open to the public shall include waiting rooms, meeting rooms, cinema halls, theatres, health, nursery care, educational and social welfare institutions, hospitality premises and shops, sports halls, public transport facilities, lifts, cable cars, public toilets, gardens and park, and other premises where non-smokers may be exposed to tobacco smoke involuntarily. Article 4:- Under this declaration, a workplace shall be any indoor area under the employer's supervision and in which work or services are being carried out for him/her. Article 5: The Health Authorities of the Government shall provide for the implementation of the comprehensive social protection of public health against the harmful effects of tobacco and tobacco based products, with the following tasks being specifically assigned:
II LIMIT VALUES OF TAR YIELD: Article 6: Tar shall mean the raw, anhydrous, nicotine-free condensate of smoke to which smoking gives rise. The tar yield of tobacco manufactured or marketed should not exceed 15 mg per cigarette. In a phased in manner, the tar yield of tobacco manufactured or marketed should be reduced to 12 mg per cigarette in 2 years. The Minister of Health shall set out in detail the requirements to be met concerning the suitability of tobacco products relating to health. Article 7: The tar yield of tobacco shall be measured according to ISO standards 4387 and 3400 Verification must be carried out according to ISO standard 8243. III MEASURES TO REDUCE THE USE OF TOBACCO PRODUCTS: Article 8: The manufacturing and marketing of tobacco products which do not carry on the most visible surface of their packaging a clearly printed indication of the tar and nicotine yields per cigarette or other tobacco products shall be prohibited. The indications referred to above shall be printed in a bold colour on a contrasting background in letters not less than 2 mm high, and the print must be not less than 0.3 mm wide. The warnings under Article 9 must be printed in a bold colour on a contrasting background in letters not less than 5 mm high, and the print must be not less than 0.4 mm wide. Article 9: The manufacturing and marketing of tobacco products in packaging not carrying the following warning "Tobacco seriously damages health" shall be prohibited. It shall be prohibited to manufacture and market tobacco products in packaging which does not carry, in addition to the general warning referred to above, one of the following warnings: Smoking kills. The warning referred to in paragraph 1 of this Article must be printed on the front or the back of the packets, and the warning referred to in paragraph 2 of this Article may be printed on the side of the packers. The warnings must be printed in capital letters in a colour on a contrasting background. They shall cover at least 8% of the corresponding surface of the side of the packet and they shall be affixed so that they cannot be removed. They shall not be printed in a place where they may be damaged when the package is opened. Article 10: Any advertising which has the direct or indirect effect of promoting tobacco and tobacco products shall be prohibited, including the sponsorship of sports, cultural and other public number of provisions explicitly stated in Articles 11 and 12 of this Declaration. The indirect advertising of tobacco and tobacco products shall include the presentation of logotypes and other distinctive features associated with tobacco or tobacco products on items other than those defined as tobacco products under this declaration. The advertising of any products which are not tobacco products by their nature but by their appearance and purpose of use directly encourage the consumption of tobacco and tobacco products shall be prohibited. The publication of data on the quality and other characteristics of tobacco and tobacco products in professional books and journals or publications intended to offer information to manufacturers and traders of these products shall not be considered to be advertising according to the provisions of this declaration. Article 11: Notwithstanding the provisions of the preceding Article, the advertising of tobacco and tobacco products shall be allowed in the form and image of protected trademarks or logotypes:
Article 12: Notwithstanding the provisions of Article 10 of this declaration, manufacturers and wholesalers of tobacco products may inform consumers of new tobacco products in one-off public media campaigns. New tobacco products shall be all those tobacco products whose tar and nicotine yields have been reduced by 10% or more in comparison to similar types of products on the market which already have the lowest nicotine and tar yields. Smokeless tobacco products should be free of harmful pesticides. ALFATOXION and ALFATOXION1. No form of recombinant DNA technology should use the tobacco plant. To cite the use of tobacco plant in production of Human Papilloma Virus type 16 and 18, for vaccine against the virus, either a prophylactic or therapeutic vaccine. It is a myth that the tobacco plant is most easily maneuverable for production of recombinant proteins. Other plants such as banana, tomato and potato can also be useful for this purpose. Article 13: The consumer information campaigns referred to in the preceding Article may last continuously for a maximum of 15 days, whereby the day on which the first public communication/announcement to consumers operated shall be considered to be the beginning of the campaign. Communications of consumer information campaigns shall meet the following requirements.
A notice on the harmful effects of tobacco shall be printed on the lower central part of a poster covering half of the left and half of the right quarter of the poster. The letters of the warning must be readable from a distance of 10 metres. Article 14: The sale of tobacco products to persons under the age of 18 shall be prohibited. The sale of tobacco products from automatic vending machines shall be prohibited. Selling of duty-free cigarettes at International Airports should be banned. The sale of single cigarettes or other tobacco products, which are not in the manufacturer's original packaging, shall be prohibited. Article 15: Smoking in places open to the public shall be prohibited, except in those areas which are clearly marked as reserved for smokers and are separated from areas reserved for non-smokers. Areas defined as reserved for smokers may not exceed 25 % of the total surface area of any individual premises open to the public, and their proprietors, managers or renters must ensure this as soon as this can be done. but not later than six months after the entry into force of this Declaration. Proprietors, managers or renters of any premises open to the public must display and mark the ban on smoking and the smoke-free areas in a manner which attract attention and is placed prominently. Article 16: In worst situation for hospitality facilities where guests order food (restaurants, inns, coffee shops, snack bars and bars, a small area reserved for smokers can be provided. Notwithstanding the provisions of Article 15 of this Declaration, the proprietor, renter or user of the building shall determine the minimum size of the area reserved for smokers and not exceeding the 25 % of total area of that premises. The area must be clearly marked as an area reserved for smokers and shall be separated from the smoke-free area. Smoking in ice-cream shops and milk bars shall be prohibited. Article 17: In work premises, smoking shall be permitted only in areas provided by the employer, which must be physically separated from other work areas. Smoking in the premises of Government bodies, which are intended for contact with clients, shall be prohibited. Article 18: All employees shall have the right to demand from their employer that he/she enable them to perform their jobs in a smoke-free area. If the employer, in the case referred to in the preceding paragraph, cannot meet the employee's requirement and transfer him/her to different work premises, he shall be obliged to prohibit smoking in the employee's current workplace. All employers are duty bound to provide detailed information to the employees about the harmful effect of tobacco as well as about the difficulties involved in the treatment and the ultimate financial burden. IV FUNDS: Article 19: Funds for carrying out the tasks under Article 5 of this Declaration shall be earmarked in the national budget. V SUPERVISION: Article 20: The implementation of this declaration should be placed under the supervision of the Ministry of Health, of Articles 8, 9, 10, 11 and 14., under the Ministry Food for supervision by the market inspectorate, of Articles 15 and 16 under the supervision of the health inspectorate, and of Articles 17 and 18 under the supervision of the labour inspectorate. The implementation of Articles 8 and 9 of this declaration when tobacco products are imported has been placed under the supervision of the Customs Administration. If the competent inspection body establishes that tobacco products are being manufactured or marketed in contravention to Articles 8 and 9 of this declaration, it shall issue a decision prohibiting the manufacture and marketing of such tobacco products. If the competent inspection body establishes that tobacco products are being advertised in contravention to Articles 10 and 12 of this Declaration, it shall issue a decision prohibiting such advertising. An appeal against a decision shall not delay its enforcement/execution. In order to enforce any decision under paragraph 4 of this Article, the competent inspection body may order that the advertising material be removed immediately at the expense of the relevant legal entity or legal person committing a violation of Articles 10 and 12 of this Declaration. (THIS MAY VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY AND THE BEST CONSTITUTIONAL PROVISIONS SHOULD BE INVOKED TO ENSURE A BETTER QUALITY OF LIFE TO THE INDIVIDUALS WHO ARE AFTER ALL THE SUBJECTS OF THE STATE) VI PENALTY PROVISIONS: Article 21: A fine shall be levied on a legal entity or a person engaged in an independent activity and committing a violation at the outset followed by financial penalty directly proportional to their revenues.(as per the provision of the state) 1. by manufacturing or marketing tobacco with a tar yield exceeding 15 mg per cigarette (Article 6, paragraph 2); 2. by manufacturing or marketing tobacco with a tar yield exceeding 12-mg cigarette (Article 6, paragraph 3); 3. by manufacturing or marketing tobacco in cigarette packets or other packaging not carrying on the most visible surface, a clearly printed indication of the tar and nicotine yields per cigarette in mg (Article 8, paragraph 1); 4. by manufacturing or marketing tobacco products on which the indication referred to in Article 8 of this declaration is not printed in a bold colour on a contrasting background, in letters not less than 2 mm high and in print not less than 0.3 mm wide; or by not printing the warnings under Article 9 of this declaration in a bold colour on a contrasting background in letters not less than 5 mm high and in print not less than 0.4 mm wide (Article 8, paragraph 2); 5. by manufacturing or marketing tobacco products on which the warning under paragraph 1 of Article 9 of this declaration is not printed on the front or the back of the packet; by not printing the warning under paragraph 2 of Article 9 of this declaration on the front, the back or the side of the packet; by not ensuring that the warning covers a surface of at least 8% of the side of the package on which the warning is printed; or by not ensuring that the warning is affixed so that it cannot be removed or by printing it in a place where it may be damaged when the packet is opened (Article 9, paragraph 3); 6. by manufacturing or marketing tobacco products in a packet not carrying the warning "Tobacco seriously damages health" (Article 9, paragraph 1); 7. by manufacturing or marketing tobacco products in a packet not carrying, in addition to the warning indicated under paragraph 1 of Article 9 of this Declaration, one of the following warnings Smoking kills. 8. by advertising tobacco and tobacco products in contravention to paragraph 1 of Article 10; 9. by carrying out a consumer information campaign continuously for more than 15 days (Article 13,paragraph 1); 10. by not ensuring in a consumer information campaign that the indications under Article 8 and the warnings under Article 9 of this Declaration cover not less than 25% of the surface of the written and printed advertisement or communication/announcement (Article 13, paragraph 2); 11. by selling tobacco products to persons under the age of 18 (Article 14, paragraph 1); 12. by selling tobacco products through automatic vending machines (Article 14, paragraph 2); 13. by selling cigarettes and other tobacco products which are not in the manufacturer's original packaging(Article 14,paragraph 4); 14. by not marking in places open to the public, the ban on smoking and the areas reserved for smokers in a visible place (Article 15,paragraph 4); 15. by not defining an area reserved for smokers in hospitality facilities where guests order food (inns and restaurants) or by not marking it in compliance with the provision of paragraph 1 of Article 16; 16. by not defining the areas in which smoking is permitted (Article 17, paragraph 1); 17. by failing to observe the decision under Article 20 of this Declaration. A fine ( as per the state provisions) shall also be levied on the person bearing the responsibility of the legal entity for a violation referred to in the preceding paragraph. In the event of violations under points 1, 2, 3, 4, 5, 6, 7, 8 and 13 of paragraph 1 of this Article, in addition to a fine, the safety measure shall also be imposed of the compulsory seizure of the tobacco products which are the subject of the violation, and in the event of a violation under point 12, the seizure of the automatic vending machines shall be effected. Article 22: An on-the-spot fine ( as per the state) shall be levied on an individual. 1. for smoking in a place open to the public where smoking is not permitted (Article 15); 2. Smoking in ice-cream shops and milk bars where smoking is prohibited. 3. smoking in workplaces where smoking is not allowed (Article 17, paragraph 1); 4. smoking in the premises of government bodies which are intended for contact with clients (Article 17,paragraph 2); VII TRANSITIONAL AND FINAL PROVISIONS: Article 23: Manufacturers and importers of tobacco must ensure that the indication under Article 8 and the warning under Article 9 of this declaration are printed on the products not later than six months after the entry into force of this Declaration. Article 24: This Declaration should go into force in every country as soon as possible. Article 25: When this declaration becomes an Act it should enter into force a fixed after its publication in the Official Gazettes of the country. |
