Subject: Law no. 10 of 2016 on the Control of Tobacco and its Derivatives

Transcription

1 Legal Affairs Department [logo: State of Qatar, Ministry of Public Health] Ref: LAD/D/477/2016 Date: 25 October 2016 Dear Dr. Mohammed bin Hamad Al-Thani Director of Public Health Greetings, Subject: Law no. 10 of 2016 on the Control of Tobacco and its Derivatives In reference to the letter of HE Deputy Prime Minister and Minister of State for the Council of Ministers' Affairs no. CoMO/790, dated 20 October 2016, with regard to the above-mentioned subject (attached); Kindly find attached the original copy of Law no. 10 of 2016 on the Control of Tobacco and its Derivatives. Respectfully, [signature] Ali Jaber Zerman Director of Legal Affairs [stamp: State of Qatar, Ministry of Public Health] [stamp: Legal Affairs Department] A copy to: Director of Health Promotion and Non-Communicable Diseases Head of the Division of Non-Communicable Diseases Aisha.m Tel P.O. Box 42, Doha - Qatar

2 [logo: State of Qatar] Deputy Prime Minister and Minister of State for the Council of Ministers Affairs No. CoMO/790 Date: 19 Muharram 1438 H. Dear HE Dr. Hassan bin Lahdan Al-Mohannadi Minister of Justice Doha Greetings, Corresponding to: 20 October 2016 Kindly find attached the original copy of Law no. 10 of 2016 on the Control of Tobacco and its Derivatives. Kindly take the necessary actions in this regard. Respectfully, [signature] Ahmed bin Abdullah Al-Mahmoud Deputy Prime Minister and Minister of State for the Council of Ministers Affairs CC: The Office of HRH the Prince The Office of HE Prime Minister Ministry of Public Health with a copy of the aforementioned Law The Office of HE General Secretary of the Council of Ministers Sitting Affairs Department Legislation Department [signature] File MH/16-19(LB)

3 Law No. 10 of 2016 On the Control of Tobacco and its Derivatives We, Tamim bin Hamad Al-Thani, Emir of the State of Qatar, Having perused the Constitution; and Law No. 4 of 1990 on the Specifications and Metrology System, amended by Law No. 2 of 1992; and Law No. 20 of 2002 on the Control of Tobacco and its Derivatives; and Law No. 1 of 2012 on the Regulation and Control of Placing Advertisements; and Law No. 5 of 2015 on Commercial, Industrial and Similar Public Shops, and Street Vendors; and Emiri Decree No. 10 of 2016 on the Organizational Structure of the Ministry of Public Health; and Decree No. 14 of 1999 on the Increase of Customs Duties on Tobacco and its Derivatives; and The suggestion of the Minister of Public Health; and The Draft Law submitted by the Council of Ministers; and After the consultation of the Advisory Council; Issued the following Law:

4 -2- Article I In the enforcement of the provisions hereof, the following terms and phrases shall have the meaning ascribed thereto, unless the context otherwise requires: Ministry: the Ministry of Public Health Minister: the Minister of Public Health Tobacco: Tobacco plants of all kinds, species, and parts of roots, stalks, leaves, fruits and fresh or dried seeds. Tobacco Derivatives: Whole, chopped or minced tobacco leaves, combined with other materials, and formed in any form; or any other compound that includes tobacco as a component. Cigarette: A roll of tobacco that includes tobacco pieces, whether it is without a filter, with a regular filter, or with side ventilation holes, intended for smoking regardless of its type. Chewing tobacco: A type of smokeless tobacco, obtained by cutting and bending tobacco leaves into wide slices that can be chewable; it may be mixed with spices, areca nut, betel leaf, or chewing-gum. Swaika: A material made of tobacco derivatives used by sucking, chewing or keeping in the mouth, sniffing, or any other way. Smoking: Burning of tobacco or its derivatives, solely or with any additive such as nicotine, with the intent of emitting smoke and inhaling it in any way or form.

5 -3- Simulators of Smoking Tools: Every product that does not contain tobacco but looks like it, including sweets and children s toys that are manufactured in any form of tobacco, its products, or using mechanisms. E-cigarette or E-shisha: Any container or device in the form of cigarette, or any other form or shape that contains nicotine, whether mixed with water or not, and operates by electric charging or battery to produce smoke. Publicity, Promotion, Sponsorship, and Advertisement: Introduce the tobacco plant and its different derivatives, using means aiming to encourage trading in tobacco and seeking to increase the number of tobacco users in its various forms, through publishing in any visual, audio or print media, using prints that encourage thereupon, or through any other promoting means. Public Place: A place allocated for the reception of the public or a certain class of people for any purpose. Indoor Public Place: Every public place that has a fixed or moving space, has sides or walls, and wholly or partially roofed. Public Transportation: Public transportation used by the public, such as taxis, buses, planes, trains, ships, boats and any other means allocated for transporting passengers. Means of transportation allocated for ministries, other governmental bodies, public authorities and institutions, and special entities are treated as public transportation.

6 -4- Article II Cultivation or processing of tobacco or its derivatives is prohibited in the State of Qatar, whether through its preparation, mixing with other substances or packing in any form and for any purpose, such as trade or sale. It is also prohibited to manufacture, import or use any cigarette vending-machines. Article III Whoever imports or trades in tobacco, its derivatives, or cigarettes, or possesses them with the intent of selling or storing, shall take into consideration the rules and regulations stipulated herein, and the decrees issued in execution hereof. Article IV All importers of tobacco, its derivatives or cigarettes shall inform the Ministry, in writing, within a minimum of one week prior to the arrival of the shipment to the State of Qatar, for the purpose of testing and ascertaining compliance with the approved standard specifications. No shipment of tobacco, its derivatives or cigarettes shall be allowed in the State of Qatar unless a written approval is obtained from the Ministry indicating that the shipment meets the approved standard specifications. The importer shall be granted a grace period of thirty days to return or replace the quantities violating this Law and the decrees issued in execution hereof. This period shall start as of the date of notifying the importer of the shipment incompliance with the approved standard specifications.

7 -5- Article V Without prejudice to the provisions of the referred Law no. 4 of 1990, a decree by the Minister shall be issued determining the permitted quantities of tar and nicotine in one cigarette. Article VI Without prejudice to the approved standard specifications, each pack of tobacco, its derivatives or cigarettes shall bear a label showing the expiry date, and warning statements and images, specified by the competent department in the Ministry, indicating their harm, in accordance with the rules and regulations of which a decree is issued by the Minister. Article VII It is prohibited to import, trade, display, sell, distribute or manufacture chewing tobacco in any form and under any name. It is prohibited to import, trade, display, sell, distribute or manufacture e-cigarette, e-shisha, and simulators of smoking tools. It is prohibited to import, trade, display, sell, distribute, use or manufacture swaika in any form and under any name. Article VIII The sale or offering of tobacco, its derivatives, or cigarettes to any person under the age of eighteen shall be prohibited. Ignorance of the age of the buyer shall not be an excuse for the seller who is entitled to check the buyer's identity card to ascertain thereof.

8 -6- Article IX It is prohibited to publicize, promote, sponsor or advertise, in any form, tobacco, its derivatives or cigarettes with the intention of encouraging smoking; tobacco and its derivatives shall not be an advertising means for another product. Article X It is prohibited to allocate shops for selling tobacco, its derivatives or cigarettes unless a license thereof is obtained. Shops displaying tobacco, its derivatives or cigarettes for sale shall allocate an area in the shop therefor, and to place the warning statements and images referred to in Article VI hereof in a prominent and legible manner inside the shop or in other prominent panels, in accordance with the rules and regulations of which a decree is issued by the Minister. Article XI It is prohibited to trade, sell, or display any quantity of tobacco or its derivatives after its expiration date. Article XII It is prohibited to smoke in indoor public places determined through a decree by the Minister.

9 -7- Article XIII It is prohibited to sell tobacco, its derivatives or cigarettes at a distance of less than one thousand (1000) meters from schools and other educational and training institutions. Article XIV A percentage of (5%) of the proceeds of customs duties on tobacco and its derivatives shall be allocated and entered into the Ministry's budget to be spent on health education and tobacco control. Article XV Without prejudice to the penalties stipulated herein, the shop in which the violation of the provisions hereof occurred may be temporarily closed, by a justified resolution from the director of the competent department in the Ministry, for one month for the first violation, two months for the second violation, and three months for the third violation and more. In all cases, the closure shall be administratively executed for the whole shop, if its status does not allow restricting closure to the part where the violation occurred. The violator shall bear the closure expenses. The concerned person may appeal against the closure resolution to the Minister within ten days as of the date of his being notified of the resolution; the appeal shall be accompanied with all supporting documents. The Minister shall decide on the appeal within ten days as of the date of its submitting, and the decision shall be final. The expiration of the period referred to in the previous paragraph without deciding on the appeal shall be considered an implicit rejection thereof.

10 -8- Article XVI Without prejudice to a more severe penalty prescribed by any other law, whoever violates any of the provisions of Articles II, III, IV/Para 1, VI, VII, VIII, IX, X, XI, XIII hereof shall be punished with imprisonment for no longer than six months and with a fine of no more than QAR (100,000) one-hundred thousand, or with either of them. Article XVII Without prejudice to a more severe penalty prescribed by any other law, whoever smokes cigarettes, tobacco or its derivatives, or allows smoking them in indoor public places where smoking is prohibited, shall be punished with a fine of not less than QAR (1000) one thousand and not more than QAR (3000) three thousand. Article XVIII Without prejudice to a more severe penalty prescribed by any other law, whoever smokes cigarettes while driving a vehicle with a person under the age of eighteen shall be punished with a fine of not more than QAR (3000) three thousand. Article XIX A legal person shall be punished with a fine of not more than QAR (100,000) one-hundred thousand if any of the crimes stipulated herein are committed in his name or for his own sake, without prejudice to the criminal liability of his subordinate natural person

11 -9- Article XX The Court may, in the case of conviction for one of the crimes stipulated herein, order the confiscation, destruction, or reexportation of any quantity cigarettes, swaika, tobacco or its derivatives, simulators of tobacco tools, e-cigarettes or e-shisha involved in the violation, and to confiscate the substances and tools used in their production or usage. The court may also order the closure of the shop or place in which the crime occurred for a period of not less than one month and not more than three months. The violator shall bear the expenses of destruction without causing any damage to the environment. In all cases, the conviction shall be published in two daily newspapers at the expense of the convict. Article XXI The Minister or his authorized representative may carry out reconciliation in the crimes stipulated herein ante litem motam, during its hearing, and before the decision on it with a final ruling, in return of paying half of the maximum fine set for each crime. Reconciliation shall result in the inadmissibility of bringing or abatement of the lawsuit as the case may be Article XXII The employees of the Ministry and the employees nominated by their other governmental authorities, who are authorized to have the power of law-enforcement officers by a resolution of the Attorney General, in agreement with the Minister, shall find out and prove crimes that occur in violation of the provisions hereof.

12 -10- Article XXIII The Minister shall issue the necessary decrees to implement the provisions hereof. Until then, the currently applicable decrees shall remain valid, in so far as they are not in conflict with the provisions hereof. Article XXIV The referred Law no. 20 of 2002 shall be cancelled, as well as any provision in contradiction with the provisions hereof. Article XXV All competent authorities, each in its own jurisdiction, shall enforce this Law. This Law shall be published in the Official Gazette. Tamim bin Hamad Al-Thani Emir of the State of Qatar [signature] Issued at the Emiri Diwan on 10/1/1438 H. Corresponding to 11 October 2016