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Maltese Laws |
TOBACCO (SMOKING CONTROL) ACT
To make provision in respect of the control of tobacco smoking and for matters connected therewith.
1st April, 1987;
25th April, 1987;
15th June, 1987;
15th September, 1987;
1st January, 1988
ACT XLII of 1986, as amended by Act IX of 2003; and Legal Notice 424 of 2007.
Control) Act.
"advertising" means any form of commercial communication with the aim of directly or indirectly promoting tobacco products;
"authorised of ficer" i n clu d es any person attached to the Department of Health and duly authorised by the Superintendent
to exercise any power of the Sup e rintendent under t h is A c t and includes police officers;
"cigarette" includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate
use for smoking;
"in f ormati on so ci et y servi c es" means serv ices with in the meaning of Article 1(2) of D i rective 98/34/EC of the E uropean Parliament and of the Co uncil of 2 2 June 1998 lay i ng d o wn a procedure for the provision of information in the
field of technical stan dards a nd regul ati o n s an d of rul e s on Inform ati o n Soci ety Services as amended by Directiv e 98/ 48 EC (publ ished in the Official Journal of the European Union under reference OJ L 204,
21.7.1998 1937 and OJ L 217, 5.8.1998, respectively;
"Minister" means the Minister responsible for public health and includes, to the extent of the authority given, any person
authorised in that behalf for any purpose of this Act;
"person" includes a body corporate established by law;
"prescribed" means prescribed by regulations under this Act;
"public place" includes any place to which the public have or are permitted to have access, whether on payment or otherwise;
"publication" includes any article, of any material whatsoever, on wh ich are visible any word, picture or other message,
whether printed or otherwise;
"smoking requisites" means requisites for smoking tobacco or intended mainly for the preparation thereof, and includes cigarette
r o ll ing machin es, ci garett e pape r or other cigarette covering,
Short title.
Interpretation. Amended by: IX. 2003.51.
Applicability. Cap. 31.
Prohibition of advertising. Amended by: IX. 2003.52.
cleaners, and other equipment for preparing cigarettes or cigars;
"sponsorship" means any form of public or private contribution to any event, activity or individual with the aim or direct
or indirect effect of promoting a tobacco product;
"Superintendent" means the Superintendent of Public Health;
"tobacco" includes cigarettes and smoking mixtures intended as a substitute for tobacco, and includes any tobacco product;
"tobacco product" means products for the purposes of smoking wholly or partly of tobacco.
3. Nothing in this Act shall apply to tobacco or tobacco substitut e s as are consi d ered to b e m e dicinal pr ep ar at
ions or poisons under the Medical and Kindred Professions Ordinance or any law substituting that Ordinance.
(2) Radio, television and other programmes broadcast by other mediums shall not be sponsored by undertakings whose principal activity
is the manufacture or sale of tobacco products.
(3) No tobacco product shall bear the brand name, trade mark, emblem or other distinctive feature of any other product or service,
unless the tobacco product has been traded under that brand name, trade mark, emblem or other distinctive feature previously to such
other project.
(4) The brand name, trade mark, emblem and any other distinguishing feature of the product or service shall be presented
in a manner clearly distinct from that used for the tobacco product.
Exceptions. Amended by: IX. 2003.55.
Prohibition of free distribution or other method of promotion. Substituted by:
IX. 2003.54.
(2) Other advertising in the press and other printed publications shall be prohibited.
(3) Advertising that is not permitted in the press and other printed publications shall not be permitted in information
society services.
Sponsorship.
Added by:
IX. 2003.54.
(2) Any free distribution of tobacco products in the context of
sponsorship of events as are referred to in subarticle (1), having the purpose or the direct or indirect effect of promoting such
products, shall be prohibited.
(2) It shall be the duty of every person running a broadcasting station to ensure that before the showing of any film or other broadcast in which sm oking or any of the items m e n tioned in article 4, are shown or mentioned, to broadcast immediately before the film sho w or ot her such p rogramme, a health warning as is referred to in subarticle (1).
Health warnings to be shown in cinemas.
Amended by: IX. 2003.53.
(2) For the purpose of subarticle (1) and for any other purpose of t his Act , th e Su perin ten den t may requ est ma nufact urers and importers of cigarettes and tobacco products to submit a list of all ingredi e n t s an d the qu an tities thereof as are used in t h e manufacture of such cigarette or tobacco products.
Health warnings. Substituted by: IX. 2003.56.
(a) to prescribe that health warnings as are referred to in article 10 shall be affixed in prominent positions in any public place
and inside any vehicle licensed or used for public transport, and that it shall be the duty of the licensee and the driver,
as the case may be, to comply with such regulation;
(b) to prescribe the maximum permissible tar, nicotine and other content which cigarettes or other forms of tobacco or
tobacco products may contain, and the maximum yield of any such substances which may be obtained therefrom;
(c) to prescribe the conditions under which the sale or distribution of cigarettes, cigars or other tobacco products
shall be prohibited or restricted;
(d) to prohibit or control any advertisement directly or indirectly connected with tobacco or with tobacco smoking;
Regulations. Substituted by: IX. 2003.56.
offered for sale as any one retail packet and to prohibit the sale of single cigarettes:
Provided that the Minister shall not make regulations prohibiting the sale of cigarette packets containing such
number of cigarettes as the cigarette packets as are on sale on the day of the coming into force of this paragraph;
(f) to control the presentation of cigarettes, cigars and other tobacco products;
(g) to prohibit or control smoking in any place or part thereof; and
(h) to prescribe any other matter which may be or is required to be prescribed by this Act.
Health warning to be displayed in shops.
Amended by: IX. 2003.57.
Tar and nicotine content. Amended by:
IX. 2003.58.
(2) The provisions of subarticle (1) shall not apply to cigarettes, cigars, tobacco or tobacco products intended for export and which are not sold or distributed for consumption in Malta.
Sales to comply with Act and regulations. Amended by:
IX. 2003.59.
(2) No person may sell or authorise the sale of tobacco products in or from -
(a) hospital grounds, clinics, pharmacies or any other health care establishments;
(b) school grounds, colleges, or any other educational institution;
(c) sports or athletic facilities.
Sale to young persons. Amended by: IX. 2003.60.
(2) No cigarettes, cigars, tobacco or tobacco product may be sold from automatic sales machines except where such machines are
kept under supervision.
(3) It shall be the responsibility of any person during such time as he is responsible for or has the control of the premises in
which any such sales machine is ke pt to en sure t h at n o p e rson un der eighteen years of age shall make use of such machine.
For t h e pu rpo s es of thi s subarticl e "schoo l" in clud es a kindergarten, nursery school or similar premises.
(2) It shall be the duty of the person in charge of any premises mentioned in subarticle (1), and of the driver and conductor of
any public transport, to ensure that an appropriate sign or notice is put up in a prominent place or places as the case may require,
so as to attract attention that smoking is prohibited, and it shall also be the duty of any such person to ensure that no smoking
takes place on the premises or public transport, as the case may be.
Prohibition of smoking in certain premises and public transport. Amended by:
IX. 2003.61.
(2) Any person guilty of an offence against this Act or against any regulations made under this Act, shall, without prejudice to his liability under any other law, be liable, on a first conviction, to a fine (multa) of not less than two hundred and thirty-two euro and ninety-four cents (232.94) and not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69), and
Sale, etc., of sweets, etc., in cigarette form.
Food hygiene. Offence by body or
association.
Offences and penalties. Amended by: IX. 2003.62;
L.N. 424 of 2007.
where the act or omission constituting the offence subsists for more than a day, the Court shall in addition impose a fine (multa) of not less than twenty-three euro and twenty-nine cents (23.29) and not m o re than one hundred and sixt een euro and forty-seven cents (116.47) for each day in which such act or omission subsists, and on a second or subsequently conviction, in addition to such fines, and, at the request of the prosecution, to imprisonment for a term not exceeding three months, and to suspension of the licence of the premises or public transport means where the offence took place, for a period of not less than one week and not excee ding one month.
Committee on Smoking and Health. Amended by: IX. 2003.63.
(a) the Superintendent of Public Health, or his rep- resentative, as Chairman;
(b) the Director of Education or his representative;
(c) the Secretary, Ministry of finance or his rep- resentative;
(d) the Director of Health Promotion, or his representative;
(e) five members appointed by the Minister of Health as follows:
(i) a health promotion officer from the Department of Health;
(ii) one member of a Consumer Association;
(iii) one member from among the voluntary organization interested in the reduction of the risks to health resulting
from smoking; and
(iv) two other members.
(2) The members mentioned in subarticle (1)(e) shall be appointed for such term and under such conditions as set out in their respective letter of appointment.
(3) The Minister shall appoint a public officer to be Secretary to the Committee.
(4) It shall be the duty of this Committee to advise the Minister on any measure, including legislation, which may be necessary
or expedient to reduce the risk to health arising from the consumption of tobacco or to bacco products and to co-ordinate and promote
activities related to the prevention and control of smoking of such items.
(5) Save as provided in this Act, the Committee may act notwithstanding any vacancy in its membership and may regulate
its own procedure.
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