New law smoke and mirrors for bar and restaurant trade

The new law passed on 31 August 2009 bans smoking in partially enclosed areas of restaurants, pubs and bars - such as covered patios, verandas, balconies, walkways and parking areas - and could see owners being fined R50000 for breaching the laws.

Confusion

Many pub and restaurant owners said they did not have a clear understanding of the new law as many of them always had a designated smoking area.

“I'm not sure if the government want us to get rid of these areas totally,” said Freddy van der Putte, owner of a sports bar in Kabega Park, Port Elizabeth.

“If the new law doesn't allow us to have smoking areas at all inside the building, then I'll have to covert the smoking area into a non-smoking area and the clients will have to go outside to puff.”

Designated areas

Pippa Stroebel, wife of the owner of The Lookout Deck restaurant in Plettenberg Bay, said they had a designated open roofed area outside the restaurant.

“Should any adult go to the smoking area with their children, there is no way we are going to stop them,” she said.

“We only monitor what is happening in the restaurant, not outside,” she added.

Education

KwaMagxaki High School principal Mwezi Qomfo said a few of his teachers were smokers, but he would “workshop” them and pupils on the new law as he had dealt with reports about pupils smoking in the school's toilets.

“The workshop will also educate the teachers more about the new law,” he said.

Changes in the law, with immediate effect, include:

An increase in the fines for smoking or allowing smoking in a non-smoking area. The fine for the owner of a restaurant, pub, bar and workplace is now a maximum of R50 000, and R500 for the individual smoker.

No smoking in “partially enclosed” public places, such as covered patios, verandas, balconies, walkways parking areas.

Young children will be better protected from harm caused by second-hand smoke, like asthma, wheezing, or bronchitis.

• Adults may not smoke in a car when a passenger under 12 years old is present.
  
• Smoking is not allowed in premises (including private homes) used for commercial childcare activities or for schooling or tutoring.
  
• No person under 18 may be allowed into a designated smoking area. The practice of parents taking babies into smoking areas of restaurants is outlawed.

No more marketing, no under 18s

The tobacco industry can no longer hold “parties” or use “viral” marketing to target young people. In viral marketing, cigarette company representatives take cigarettes to clubs, coffee bars and campuses and invite teens to parties, concerts or a sport event where they are lured into smoking.

The sale of tobacco products to and by persons under the age of 18 is prohibited, as is the sale of confectionery or toys that resemble tobacco products.

Cigarette vending machines must sell only tobacco products.

More rules to come

Further changes in the law take effect later this year, because the Health Ministry is still finalising them. They include:

The use of vivid picture-based health warnings on cigarette boxes.

Pollution from tobacco smoke will be further reduced by restricting smoking in certain outdoor areas. Smoking will be moved away from entrances to buildings and restricted in sports stadiums, railway platforms, bus stops, and al fresco dining areas.

The introduction of cigarettes which self-extinguish, thereby reducing the risk of fires. Cigarettes cause about 5% of all fires in South Africa.

Prohibition of the terms “low-tar”, “light” and “mild”.

Such labels suggest that “light” cigarettes are less harmful than the regular variety, when in fact they are not.

Smokers who switch from “regular” to “light” cigarettes do not reduce their intake of tar or nicotine, or lessen the risk of contracting disease.

Regulating the chemicals that can be added to tobacco products and requiring cigarette companies to disclose the harmful additives used in the manufacturing process.

Source: The Herald

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