National Authority on Tobacco and Alcohol (Amendment) Act 2015

This Act may be cited as the National Authority on

Tobacco and Alcohol (Amendment) Act, No. 3 of 2015.

Section 34 of the National Authority on Tobacco and

Alcohol Act, No. 27 of 2006 (hereinafter referred to as the

“principal enactment”) is hereby repealed and the following section substituted therefor:—

34 (1) A manufacturer or an importer of a tobacco product shall cause to be displayed conspicuously and in legible print—

on the top surface area of both front and back sides of every packet, package or carton containing the tobacco product manufactured or imported by such manufacturer or importer, health warnings, as may be prescribed, subject to the provisions of section 34A; and

on every packet, package or carton containing the tobacco product manufactured or imported by such manufacturer or importer, a lable or a statement specifying the tar and nicotine content in each tobacco product in such packet, package or carton.

A person shall not sell, offer for sale, supply, distribute or store a packet, package or carton containing tobacco products unless health warnings as provided for in subsection (1) (a) and a label or a statement as provided for in subsection (1)(b), are displayed conspicuously in legible print on every packet, package or carton containing the tobacco products.

Any person who contravenes the provisions of subsection (1) or subsection (2), commits an offence and on conviction after summary trial by a Magistrate be liable to a fine not exceeding rupees fifty thousand or to an imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment.”.

The following new section is hereby inserted immediately after section 34 of the principal enactment and shall have effect as section 34A of the principal enactment:—

34A. (1) A manufacturer or an importer of cigarettes and other tobacco products shall cause to be printed the health warnings referred to in section 34(1), covering an area of eighty per centum of the top surface area (principle display area) of both front and back sides of every packet, package or carton containing cigarettes and other tobacco products.

The health warnings referred to in the foregoing subsection, shall indicate in the prescribed manner, the health hazards and the harmful effects caused by the usage of cigarettes and other tobacco products.

The health warnings on the front and back sides of the packet, package or carton shall defer from each other.

Where a manufacturer manufactures more than one brand of cigarettes and other tobacco products, the manufacturer shall ensure that two different brands manufactured by such manufacturer shall not bear the same health warning, simultaneously.

The health warnings displayed on the packets, packages or cartons of cigarettes and other tobacco products shall be changed once in every six months, so that all types of prescribed health warnings under all prescribed categories of health warnings shall be covered.

The manufacturers and importers of cigarettes and other tobacco products shall use the compact disc containing the prescribed health warnings which shall be issued only by the Authority.”.

Section 45 of the principal enactment is hereby amended by the insertion immedialely after the definition of the expression “Chairman” of the following definition:—

“ “Health warnings” includes pictures or pictograms and messages.”.

The manufacturers and importes of existing stocks of tobacco products shall be granted a grace period up to June 1, 2015, to comply with the provisions of section 34A.

Regulations made under section 30 read with section 34 of the principal enactment prior to the date of commencement of this Act shall, continue to be in operation with effect from the date of commencement of this Act, in so far as they are not inconsistent with the provisions of this Act.

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.