Course 16: Regulatory Theory (African Legal Fellowship) by https://padlet.com/hathasimonton/t53ulsqerll4f809 Please be prepared to discuss your response during our classroom session en-us 2022-02-09 21:54:30 UTC 2025-11-17 20:54:18 UTC hello@padlet.com Information and Education jtalibita https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2042144699 (b)             contain a "NO SMOKING—PENALTY OF UP TO SHILLINGS 200,000 OR 6 MONTHS IMPRISONMENT (TOBACCO CONTROL ACT NO. 22 OF 2015)", statement in English, and the language commonly used in the area where the public place or work place is situated.

Requirement for to Display Notices: A notice for a public place or a workplace where smoking is prohibited shall be displayed—


INDIRECT REGULATION
The Tobacco Control Act, 2015 was amended by the Tobacco Control (Amendment) Act, 2021 as follows:

Levy on leaf tobacco
A levy on leaf tobacco was introduced at a rate of USD 0.8 per kilogram of leaf tobacco exported out of Uganda. The levy is payable to the URA by the exporter of the leaf tobacco at the time of export.
Section 17 of the Tobacco Control Act of Uganda bans involving persons below 21 years in any tobacco activities.
Section 23 prohibits giving any incentives to the tobacco industry including the prohibition of entering any nonbinding MoUs between the government & the TI.

Direct Regulation
Section 16 of the TCA bans the importation of waterpipe tobacco delivery systems, flavored tobacco and smoke-free tobacco, electronic cigarettes and being offered for sale, also banned is the display of tobacco products whilst being sold. 


EMISSIONS Tobacco smoke contains over 70 substances known to cause cancer

The brand name displayed once within the 35% of the principal display area at the top of the unit package

8.                  Display of notices

A notice for a public place or a workplace where smoking is prohibited shall be displayed—

(a)              at the exterior of an entrance to a building or to an entrance of an enclosed building, in a manner and at a place that the notice is visible to a person entering the building or the enclosure, when the exterior is open;

(b)              inside a building and on the stairwell on each floor, and in places of convenience; and

(c)              in the outdoor area where smoking is prohibited.

11.            Size, format, content, and placement of notice prohibiting smoking in vehicles used for public transport
(1)                     A categories of vehicles used for public transport, specified in this regulation shall bear "No smoking" notices as specified—

(a)              a vehicle with a sitting capacity of up to 15 passengers, shall bear a notice on the dashboard and on the partitioning between the driver and passengers, measuring 14 cm in height and 12 cm in length;

(b)             a vehicle with a sitting capacity of between 15 and 59 passengers, shall bear a notice on the dashboard and the each side of the interior of the vehicle, measuring 21 cm in height and 30cm in length; and

(c)              a vehicle with a sitting capacity of 60 passengers or more, shall bear a notice on the dashboard, and two notices on each side of the interior of the vehicle, measuring 21 cm in height and 30cm in length.

(2)                     The notices shall be displayed where they are readily visible to all passengers upon entry into the vehicle.

(3)                     A notice shall not contain any text, image, symbol, sign, color, or other content other than what is specified in this regulation.












]]> 2022-02-11 10:47:14 UTC https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2042144699 Regulatory intervention in Ethiopia Demoz https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2046680435 Direct regulation
The food and Medicine Administration Proclamation No. 1112/2019 (FMAP) of Ethiopia regulate tobacco under part five.
1. It requires licensing to do the business of tobacco product manufacturing, import, export, and wholesale (art.   46 (1))
2. Ban shisha, Electronic Nicotine Delivers system, and other related cigarettes resembling technology (art. 46(2))
 Prohibit tobacco sales for a person under the age of 21 (art. 49) (restrict choice)
3. Regulate content (art. 47)
 
Indirect regulation
Excise Tax Proclamation No. 1186/2020 
Impose excise tax 30% + 8 birr per pack (20 sticks) (schedule No. 6). It is to reduce demand and disincentives
Information and education
Proclamation No. 1112/2020 provides a graphic health warning (art. 57) requirement. It requires 70% of the principal display area of the front and back of the pack to cover with pictures and messages. This will help to aware the community about the danger of tobacco. 
 


]]> 2022-02-14 16:42:24 UTC https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2046680435 ainutu https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2047174423 1. 
i. Direct regulation- Public Health(Tobacco) Regulations 1992 require a warning label on tobacco packs of  the harmful effects of tobacco on tobacco 
ii. Indirect regulation- The most effective way to increase cigarette prices and thus decrease cigarette consumption and prevalence is through tobacco tax increases. The country’s cigarette excise tax is an ad valorem tax, with a specific tax floor. Though are below the WHO recommended minimum.
iii. Information
labelling requirement on all tobacco products provides information on the harmful effect of tobacco
2.
 The laws do not have a control measure addressing sale to and by minors.
The Rights based justification can be used as an intervention to protect the health of children to ensure they attain the highest level of health. Children are vulnerable as there brain functions are not fully developed and therefore need to be protected from addiction.
]]> 2022-02-14 20:26:43 UTC https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2047174423 Regulation in Nigeria Foluke https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2048374367  
DIRECT REGULATION
NIGERIAN INDUSTRIAL STANDARD NIS 463: 2018
4.6 The tobacco used in the manufacture of Cigarette shall be clean, free from insect infestation, mould, and foreign materials.
4.7 Characterizing flavors shall not be used in the manufacture of Cigarette.
4.8 Tobacco companies, manufacturer, distributor or importers or marketer shall take all reasonable precaution to ensure that the premises and cigarettes themselves are free from infestation during various stages of storage processing  , manufacturing and distribution of the finished product.

INDIRECT REGULATION
Section 43 of National Tobacco Act 2015, provides for the regulation of Tax as it relates to Tobacco products. The total excise tax on tobacco products in Nigeria accounts for only 25% of the average retail price. This is far below the 70% benchmark set by the World Health Organization (WHO). There are three main reasons why the total excise tax burden is so low. Firstly, Nigeria’s ad valorem tax on tobacco products of 20% is below the minimum 50% rate set by the ECOWAS tobacco tax directive. 

Secondly, the ad valorem tax is levied on the import value/producer price, which is generally very low compared to the retail price. Therefore, any increases in the ad valorem rate will have a very small impact on the total tax charged. 

Thirdly, although Nigeria increased its specific tax on tobacco products to NGN 2 (equivalent to USD 0.006) per cigarette in 2019, this is still below the USD 0.02 per cigarette that is required by the ECOWAS directive. A specific tax (per cigarette or kilogram of tobacco) is proven to be straightforward to implement and highly effective in increasing the total excise tax burden.]]> 2022-02-15 11:42:15 UTC https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2048374367 Sharon https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2048398102 1. Direct Regulation: 75% of indoor public spaces must be smoke-free, only 25% of the floor area can be designated for smoking. No one is permitted to smoke in smoke-free areas. Regulations on smoking of tobacco in public places, No R 975 2000
 
Information and Education: Tobacco products must have rotating text health warnings, for cigarettes the warnings must occupy 15% of the front and 25% of the back of the packages. The Quitline number is also on the warnings. Regulations relating to the labeling, advertising, and sale of tobacco products, 1995
 
Indirect regulation: Tobacco taxes for a popular cigarette brand are up to 52% of the retail price are applied. The National Treasury introduces annual increases in taxation. This disincentivizes smoking and initiation by increasing prices. It also offsets the negative externalities


2. 100% Smoke-free laws in indoor public places and certain outdoor public places must be implemented. This can be justified through a human-rights-based approach. Exposure to tobacco smoke causes death, disease, and disability, and scientific studies show that engineering techniques like smoking rooms do not protect non-smokers from exposure. Non-smokers, workers, and children have rights to health, rights to a healthy environment. This allows full enjoyment of rights, it also disincentivizes smoking behaviors. The distal outcomes are also justifiable via economic theories of negative externalities. Fewer smokers and a healthier population result in reductions in the health system burden, economic and social costs of smoking.

Another concept has been extending smoke-free laws to certain areas in shared housing - classifying some as public indoor areas. Notably, most smoking violation complaints are from shared housing and apartments. The smoker smokes in their apartment, still, the neighbor is exposed to smoke.

]]> 2022-02-15 11:59:17 UTC https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2048398102 Getahun https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2048518830 Regulatory Model 
A.   Direct Regulation 
The model of regulation used in the Ethiopian tobacco control law is direct regulation. 
 
  1. How the business is done? Any person that would like to engage in the tobacco manufacture, import or sale is required to have a business license. The relevant provision of the Ethiopian Tobacco Control Law states that “no person may manufacture, import, wholesale, or distribute any tobacco product without having a special license from the executive organ (See Article 46(1). The law also prohibits the manufacture, wholesale, distribution, sale, or offer for sell, import to trade any electronic nicotine delivery system or other related cigarette resembling technology product (See Article 46(2)). 
  2. Regulation of Product Content – the law also regulates the content of tobacco products. It prohibits the manufacture, import or. Wholesale, sell, or offer to sale tobacco products containing prohibited ingredients by the executive organ. (Article 47(1)). The tobacco manufacturer or importer shall is under obligation to provide any information about ingredients (Article 47(2)). In general, the tobacco control law bans the manufacture, import, wholesale, distribution, sell or offer for sale of any tobacco products that;
    1. Has a characterizing flavor 
    2. Contains flavoring in any of its contents 
    3. Contains one or more additives 
    4. Contains colorant to change the color of the tobacco smoke, etc. 

B. Indirect Regulation 
Also, there is some element of an indirect regulation of harmful products such as tobacco, in other legislations such as the Excise Tax Law. the excise tax law is provided to create a sort of disincentive on the use of harmful or luxury products.

Ethiopian excise tax law Imposes am excise tax 30% on tobacco products. This is done with the view to discourage the manufacture, sale and or use of. Tobacco products. 

C. Information and Education
Ethiopian tobacco control law require tobacco products to have a graphic health warning and messages that are comprised of images and full-color pictures. (Article 57 of the tobacco control law) The law requires 70% of the the front and back of the pack to cover with pictures and messages to have health warnings. This provides a sort of information for the public that tobacco is a harmful product that can cause a number of health problems such as cancer, or cause abortion etc.  
 
]]> 2022-02-15 13:16:38 UTC https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2048518830 Regulatory intervention in the DRC https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2049073812
1. A. Direct regulation: Article 111 of the Law N° 18/035 of December 13, 2018, setting the fundamental principles for the organisation of Public Health provides that : ''It is prohibited to sell or offer for free tobacco or tobacco products to a minor. Minor children may not sell or purchase or import or consume tobacco, tobacco products or derivatives. They may not be used for such purposes.''

1.B. Information & Education : Article 7 of the Administrative order N°1250/CAB/MIN/SP/O10/AQ/2007 of July 19, 2007, bearing on measures applicable to the use and consumption of tobacco, tobacco products and derivatives provides that : ''All packs and cartons of cigarettes and cigars must display at least two of the 4 health statements below:
- “SMOKING IS HARMFUL TO YOUR HEALTH”;
- “TOBACCO IS SERIOUSLY HARMFUL TO YOUR HEALTH”;
- “BEWARE, SMOKING KILLS”;
- “SMOKING IS HIGHLY ADDICTIVE.”

1.C. Deregulation : Article 142 of the Law N° 18/035 of December 13, 2018, setting the fundamental principles for the organisation of Public Health provides that : ''Anyone who, under his own responsibility, engages in advertising, sponsorship or promotion for tobacco products or the tobacco industry in a manner at variance with regulatory provisions shall be punished by one to five years imprisonment, and a fine of one hundred to two hundred million Congolese Francs.''

2. In the DRC, vulnerable people especially children are not protected because Congolese law does not limit the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in schools/educational institutions.
And yet, the law is supposed to intervene in all cases where the rights of vulnerable people are threatened.]]> 2022-02-15 17:06:21 UTC https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2049073812 Regulation in Bénin https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2049702578 Law 2017-17 on  production or packaging,
labelling, sale and use of tobacco, its derivatives and similar products in the
Republic of Benin.
Direct regulation:  Art 15, 16 , 17, 18 &nd 19 which regulate the sale of tobacco or tobacco products 
Art 6: Regulates content which shall be controlled by Minister in charge of health
Indirect Regulation: Taxation: Art 5: The annual finance law provides for financial and fiscal measures aimed at reducing access to tobacco and its by-products and related products for the population. Information and education (Labelling):  Art 8 to 14 deal with labelling

2
The Law takes into consideration the five aspects : Prices and tax measures, Tobacco advertising, packaging and labelling, Regulation of content, smoke-free area. But some of these aspects are just presented like principle which need to be detailled by further regalations like decrees. This is the case provision on content . 

]]> 2022-02-15 23:06:37 UTC https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2049702578 https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2050687407 i.                     Direct Regulation
There exist laws that regulate the conduct of sales of tobacco and tobacco products in Kenya. For example,  the law prohibits a person to "sell cigarettes except in a package containing at least ten cigarettes, or such other minimum number of cigarettes, not being less than ten, as may be prescribed." This provision is interpreted as prohibiting the sale of single cigarettes. The law also imposes a ban on sale of tobacco products using vending machines and sale of products via internet. 
However, there is no regulation of product content specifically cigarettes . Although the Act authorizes the Minister of Health to regulate or prohibit the use of harmful constituents or ingredients in tobacco products the regulations for the same are not in place. 
ii.                   Indirect regulation 
The law imposes what is commonly referred to as sin tax of tobacco and tobacco products. It is a way protecting people from harming their health by abusing substances such as tobacco and tobacco products. It is aimed at correcting the negative externalities arising from the consumption of these products.  This has seen the government increase taxes on tobacco. For instance, in November 2019, the government increased the tax on cigarettes by 14%. Additionally, to widen the net of tobacco taxable products, In early 2021, the Kenyan government had indicated that intending to classify nicotine pouches as a tobacco product under the Tobacco Control Act.
iii.                 Information and education 
A combined picture and text health warning must occupy at least 30% of the front and 50% of the back of smoked tobacco product packages. The warning on the front must be in English and the warning on the back must be in Kiswahili the local language.
The law mandates that the Cabinet Secretary "ensure that all information, reports and documents related to the implementation of the Act are accessible to the public." Therefore, disclosure of contents and ingredients of tobacco products must be made available to the public.
Information is also done through notices on prohibition of smoking in certain designated areas and the prescribed penalty. 
However, the law does not require manufacturers or importers of cigarettes to disclose to government authorities information on the emissions of their products.

]]> 2022-02-16 12:05:43 UTC https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2050687407 REGULATORY INTERVENTIONS https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2050782416  (i) Regulatory Interventions

Tobacco of Tobacco Control Act No. 4 of 2007 Laws of Kenya (TCA) )
 
(a) Direct Regulations.

  1. Prohibition of sale of tobacco products to and by minors  (s.15 TCA )
  2. Prohibition of sale of tobacco products by way of automatic vending machine (s.17 of TCA)
  3. prohibition of self service display of tobacco products (s.19 of TCA)
  4. Prohibition of advertisement, promotion and sponsorship of tobacco products (ss 22 - 26 of TCA)
  5. Prohibition on Public smoking (s.33 of TCA)
  6. Product and Industry Disclosure under the Tobacco Regulations, 2014

(b) Indirect Regulation

  1.  Taxes and price policy (s.12 of TCA)
  2. Economically viable alternatives (s.13 TCA)
  3. Solatium contribution (s.7 (2 (f) of TCA)

 (c) Information and Education

  1. Public Awareness on devastating health, social, economic and environmental consequences of tobacco products. (ss 9-11 of TCA)
  2. Labelling and publishing of Pictorial and text Health Warnings on tobacco product packages (s21 TCA).
  3.  Display of Notices on prohibition of sale of tobacco products to minors and on prohibited smoking areas

(d) Deregulation 

  1.  creation of criminal offences for noncompliance of the provisions of TCA and attendant regulations e.g. on TAPS, smoking bans.

(ii) Justification for Tobacco Control Regulations.

The current tobacco control regulations mirror reasons for regulation as discussed in the self pace unit.
 




]]> 2022-02-16 13:07:38 UTC https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2050782416 Nigeria https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2050942316 1. Direct Regulation:
  • A Law to provide for the Regulation of smoking in public places was enacted by the Lagos State House of Assembly. The law imposed a ban on smoking in public places, enclosed areas and vehicles, etc where non-smokers may be unduly exposed to tobacco smoke in the state.
  • S. 15 of the Tobacco Control Act 2015 stipulates that “A person shall not sell tobacco or tobacco product to a person who is below 18 years of age or employ or use a person who is below 18 years of age to sell or trade in tobacco or tobacco products”.
Indirect Regulation:
  • Although S. 43 of the Nigerian Tobacco Control Act made provisions for Government organs to implement tax policies, strategies, programmes. or other fiscal measures which promotes the objectives of the Act, Tobacco excise taxes in Nigeria is below the recommendations of WHO as it is below 70% of retail prices. The Export Expansion Grant also no longer applies to the tobacco industry in Nigeria.

2.
Information inadequacies - Nigeria currently do not have a percentage of the tax from the tobacco industry dedicated towards tobacco control i.e dedicated tax 

Information inadequacies and Negative externalities: Also plain packaging law is foreign to our tobacco control laws.

Right based justification – Nigeria does not have 100% smoke-free laws, what we currently have is dedicated smoking areas.

]]> 2022-02-16 14:18:15 UTC https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2050942316 Regulatory intervention - Togo https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2050999241 Direct regulation:
Article 11 of the law 2021-017 31/12/10 regulates smoking in public places

Article 13: ban the marketing to children

Indirect regulation: 
Article 18: regulates taxation which should be align with sub regional regulatory measures. 

Justification for interventions
Article 11 of the WHO FCTC requires graphic health warnings which is not in force in Togo. Individual right to health could be a justification for regulation.

]]> 2022-02-16 14:38:28 UTC https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2050999241 In Kenya there's Direct Regulation through; (1). The Tobacco Control Act, 2007 (2). The Tobacco Control Regulations, 2014 (3). The Baringo County, Tobacco Control Act, 2019Under the Commencement Sections of these laws their intent is set out thus. https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2051084791 Indirect Law - Finance Act, 2021, 
Excise Duty Regulations, 2020 (LN No. 113 of 2020),
Excisable Goods Management System Regulations (LN No. 53 of 2017) - These Provide for levying of excise tax on tobacco products

Information & Education law is contained in the Tobacco Control Act and Its regulations.

2.) Plain Packaging Law is not yet in force in Kenya. This can be enacted based on the rights based justification and Economic justification. This would be through addressing the market failure of information inadequacies ]]> 2022-02-16 15:13:00 UTC https://padlet.com/hathasimonton/t53ulsqerll4f809/wish/2051084791