Tobacco and the Law

The use of tobacco has never been eliminated from any country or major culture into which it was introduced. This is noteworthy since efforts to control the use of tobacco were equal to those used to control other forms of behaviour such as crime and religious sin. Opposition to tobacco use took a variety of forms. Surprisingly, severe and immediate punishment proved no more effective in halting smoking than current fears of long-term health consequences.

Rulers came and went, but tobacco remained. Later, governments underwent a conversion of sorts, prompted primarily by the realization that tobacco was an excellent source of revenue - derived either from customs dues (such as those introduced by Cardinal Richelieu in France in 1629) or from the sale of monopolies to deal in tobacco goods. Bohemia was fortified in 1668 with money derived from the tobacco trade, and the Emperor Leopold of Austria used tobacco revenue to finance elaborate hunting expeditions. The scale of tobacco revenue is regarded by many as under-lying many governments' half-hearted endorsement of the anti-tobacco cause.

Smoking Prohibiting

As a result, smoking was strictly forbidden, and anyone breaking the law could be arrested and punished by fine, imprisonment, or physical punishment. The reference to the rights of nonsmokers is echoed in the recent campaign to have greater restrictions placed on public areas in which smoking may take place.

Pope Urban VIII issued a formal decree against tobacco in 1642 and Pope Innocent X issued another in 1650, but clergy as well as laymen continued to smoke. Bavaria prohibited tobacco in 1652, Saxony in 1653, Zurich in 1667, and across Europe. In Constantinople in 1633 the Sultan Mural IV decreed the death penalty for smoking tobacco. Wherever the Sultan went on his travels or military expeditions, his stopping places were frequently marked by executions of tobacco smokers. In spite of the horrors and insane cruelties inflicted by the Sultan, whose blood-lust seemed to increase with age, the passion for smoking persisted in-his domain.

The first of the Romanov Czars, Mikhail Feodorovich, also prohibited smoking, under dire penalties, in 1634. "Offenders are usually sentenced to slitting of the nostrils, beatings, or whippings," a visitor to Moscow noted. Yet, in1698 smokers in Moscow would pay far more for tobacco than English smokers, "and if they lack money, they will sell their clothes for it, to the very shirt."By 1603 the use of tobacco was well established in Japan and an edict prohibiting smoking was pronounced. Finally, in 1612 it was decreed that the property of any man detected selling tobacco should be handed over to his accuser, and anyone arresting a man conveying tobacco on a pack-horse might take both horse and tobacco for his own.

Yet in spite of all attempts at repression smoking became so general that in 1615 even the officers in attendance on the Shogun used tobacco. Finally, even the princes who were responsible for the prohibition took to smoking. Tobacco had won again. In 1625 permission was given to cultivate and plant tobacco. By 1639 tobacco had taken its place as an accompaniment to the ceremonial cup of tea offered to a guest.

Legislation and Taxation

Scandinavian countries, which have the highest tobacco taxes, have the lowest per capita use of cigarettes. Since much of the price reflects the tax on tobacco, it can be seen that heavy taxation does reduce the use of tobacco. More recently, "clean air" or "public smoking" legislation has been passed which restricts the use of tobacco in many public places. Most of these laws require certain kinds of places, such as restaurants, to maintain separate smoking and non-smoking areas for their patrons. While such legislation has been passed to protect nonsmokers from involuntary intake of tobacco smoke, it is also seen by some as a restriction on the freedom of smokers to smoke where and when they please. The proponents of clean air ordinances argue that exposure to tobacco smoke endangers health and well-being. They claim that the right to smoke has neither amoral nor constitutional basis.

The controversy is probably a healthy one even if smoking is not. Certainly, freedom should be protected. As was shown earlier, the evidence that smoking is a specific cause of death and disease is strong, much stronger than the data accepted as sufficient to eliminate lead from petrol, asbestos from building materials, and PCB's from water supplies.

Complying With State Laws - No Smoking Signs

Issues of safety and complying with federal and local laws are the main reasons for public signs. Businesses that are located in malls, shared buildings or freestanding locations need to display the right kinds of signs as reminders to visitors of what they are and are not allowed to do.

No smoking signs are more important today than in the past due to nationwide laws regarding clean air in public areas. Secondhand smoke is nearly as detrimental to a person's health as the one smoking the cigarette. Children and other people who wish to not be exposed to tobacco have the right to that desire. No smoking signs fit into the category of fire signs. In some cases, smoking may not be allowed due to flammable hazards nearby.

The sign would then serve as a warning to potential smokers. In this situation, an addendum may be wise to have placed at the bottom of the sign. Unfortunately, in this rebellious world, many people ignore no smoking signs and light up anyway. By including an addition on the sign that indicates the presence of flammable material, the likelihood that people will not ignore the sign increases.

In most other cases, however, no smoking signs are present due to state laws regarding clean air in public places. Of course, people can smoke on their own property and in their own cars if they want, but keeping indoor air of public areas is very important today. Many restaurants around the country do not even have smoking and non-smoking sections anymore. Business owners and proprietors must ask visitors to their stores to comply with the local and federal laws by requiring that no one smoke within a designated number of feet from the entrance to the store, usually 25 feet.

There is not a specific standardized sign for no smoking, but there is a recognized symbol. The pictogram of a lit cigarette with a classic, red "do not" symbol over it is the icon generally present on no smoking signs. Some are basic, with only the symbol and the words "no smoking," while others take the space to explain why smoking is prohibited in that given area. To provide the best comprehension to the greatest number of people, bilingual signs are available stating the rule in both English and Spanish. Displaying signs is important to let people know what they are and are not allowed to do.

The new smoking law in South Africa

According the World Health Organisation (WHO) tobacco kills half of those who use it and it estimates that about 700 million children or almost half of the world's children inhale air polluted by tobacco smoke.

The new South Africans laws strengthen existing legislation on smoking in public places, regulating the manufacture of tobacco products, the marketing of tobacco products to avoid making cigarettes appealing and require new pictorial health warnings on tobacco packets.

Some 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 that breaks the smoking laws is now a maximum of R50 000, and for the individual smoker R500.

    * No smoking in 'partially enclosed' public places, such as covered patios, verandas, balconies, walkways and parking areas.
    * No smoking within 5 metres from all entrances.

    * Young children will be better protected from the harms of second hand smoke, like asthma, wheezing, or bronchitis:

Adults may not smoke in a car when a passenger under 12 years 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.

    * The tobacco industry can no longer hold 'parties' or use 'viral' marketing to target young people. Although tobacco advertising was banned in 2000, the cigarette companies found other ways to promote cigarettes. It used the Internet, SMS and '"buzz" or "viral" marketing to get its messages to teenagers. In viral marketing, cigarette company reps go with a trunk-full of cigarettes to clubs, discos, coffee bars, college campuses and invite teens to parties, pop concerts or a major sporting event, at which they are lured into smoking.

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

    * Cigarette vending machines must sell tobacco products exclusively and cannot be used to sell other products like crisps and chocolates. The vending machines can only be located in areas to which minors do not have access.

Further changes in the law will come into effect later this year, because the Ministry of Health is still finalising regulations. These include:

    * The use of picture-based health warnings on tobacco packaging. This will provide customers with truthful and vivid information about the harms of tobacco use in a way they can understand.

    * 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 smoking will be restricted in sports stadia, railway platforms, bus stops and al fresco dining areas. This means smoking at football, cricket, rugby and other sports stadiums will be regulated.

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

    * The terms 'low-tar', 'light' and 'mild' will be prohibited. Such labels suggest that 'light' cigarettes are less harmful than regular cigarettes, when they are not. Smokers who switch from 'regular' to 'light' cigarettes do not reduce their intake of tar or nicotine, or the risk of disease.

    * Regulate the chemicals that can be added to tobacco products and require tobacco manufacturers to disclose the harmful additives used in the manufacturing process.

The National Council Against Smoking (NCAS) has welcomed the new legislation as one that "will have dramatic, important and far-reaching effects on public health and the tobacco industry's marketing activities."

NCAS director Dr Yussuf Saloojee said only 22% of South Africans smoked while four out of five people (78% adults) did not smoke and did not want to be exposed to tobacco smoke in public places.

"Smoking remains a leading cause of premature, preventable death in South Africa. Tobacco kills 44 000 South Africans every year (three times more than motor car accidents). Our efforts to reduce the death toll will be helped by the new legislation," said Dr Saloojee.

Other important efforts are being made by one local company that has introduced a much needed outdoor ashtray solution.