Sierra Leone
Tobacco and Nicotine Control Act, 2022
Act 10 of 2022
- Published in Sierra Leone Gazette 24 on 28 April 2023
- Assented to on 6 April 2023
- Commenced on 14 July 2022
- [This is the version of this document from 28 April 2023.]
Part I – Preliminary
1. Interpretation
In this Act, unless the context otherwise requires—"advertisement" includes—(a)a statement, communication, representation or reference aimed at the public which is designed to promote or publicise tobacco or a tobacco product or encourage its use, or draw attention to the nature, properties, advantages or uses of a tobacco product; and tobacco and nicotine products.(b)the promotion aimed at the public, of tobacco or a tobacco product manufacturer's company name where the name or a part of the name is used as, or is included in a tobacco or tobacco product trade mark;"cigarette" means a product which consists wholly or partly of cut, shredded or manufactured tobacco, or of a tobacco derivative or substitute, rolled up in paper or any other material and capable of being used immediately;"Convention" means the World Health Organisation Framework Convention on Tobacco Control;"Council" means the Tobacco and Nicotine Control Council established under section 2;"electronic nicotine delivery system" or "electronic non-nicotine delivery system" means—(a)a system which produces, upon heating, an aerosol for inhalation from a solution containing nicotine, as well as flavorings, usually dissolved into propylene glycol or glycerin but does not contain tobacco;(b)a product marketed or known as electronic cigarette or e-cigarette, vape, e-cigar, e-pipe or e-shisha;(c)a device or component of a device which produces aerosol or vapour as well as a solution used in the device for producing aerosol, whether sold as one system or as separate components;(d)nicotine products;"emission" means a substance produced when tobacco or a tobacco product is produced, processed or used;"Government" means the Government of Sierra Leone;"harmful constituent" means nicotine, tar or any other constituent of tobacco, tobacco products or nicotine products of tobacco smoke;"health message" means a warning or an explanatory statement or picture about the health effects of tobacco use, the benefits of or suggestions for quitting, and any other matter related to tobacco and health, as prescribed by regulations made under this Act;"illicit trade" means a practice or conduct prohibited by law and which relates to production, shipment, receipt, possession, distribution, sale or purchase including a practice or conduct intended to facilitate such activity;"label" means a written, marked, stamped, printed or graphic matter, affixed to, or appearing upon a package;"Leones (Le)" means Leones in the old currency;"Minister" means the Minister responsible for health and sanitation and Ministry shall be construed accordingly;"minor" means a person below 18 years of age;"package" means a covering, wrapper, container, tobacco product, pack, pouch, tin or other enclosure that contains nicotine products or carton, container or other enclosure which contains tobacco or a tobacco product and in which tobacco or tobacco products are customarily sold in retail, with a label, sticker and other written or graphic information on or in it;"public place" includes an area, permanent or temporary, fixed or mobile, that is accessible to the general public or for collective use by the general public regardless of ownership or rights of access;"public conveyance" means a mode of transportation that carries passengers for hire or reward;"retail" means the sale of tobacco, tobacco product or nicotine product to the public in relatively small quantities for use or consumption rather than for resale;"sale" means transfer of property in goods by one person to another, whether for cash or on credit, or by way of exchange, and whether wholesale or retail and includes an agreement for sale, offer for sale and exposure for sale;"smoking" means smoking of tobacco, tobacco product or nicotine product in any form whether in the form of cigarette, cigar, bidi or otherwise with the aid of a pipe, wrapper or any other instrument;"tobacco" means the tobacco plant, including its seeds and leaves;"tobacco product" means a product composed in whole or in part of tobacco, including tobacco leaves or an extract of tobacco leaves or a mixture containing tobacco, and includes—(i)cigarettes, cigars, cigarillos, smokeless tobacco, roll-your-own tobacco, pipe tobacco, water-pipe tobacco, green tobacco, leaf tobacco, heated tobacco product, cigarette paper, tube or filter; and(ii)electronic nicotine delivery systems, electronic non-nicotine delivery systems and other products containing nicotine and devices used, manufactured or marketed to replace or imitate tobacco or nicotine;"tobacco control" means a range of supply, demand and harm reduction strategies that aim to improve the health of a population by eliminating or reducing the consumption of tobacco or tobacco products and exposure to tobacco smoke;"tobacco sponsorship" means a form of contribution to an event, activity or individual with the aim, effect or likely effect of promoting the use of tobacco or a tobacco product either directly or indirectly; and"vending machine" means a machine or device that is constructed to contain tobacco or a tobacco product, which can automatically retail tobacco or a tobacco product upon the insertion of a coin, token or similar object into it.Part II – Establishment of the Tobacco and Nicotine Control Council
2. Establishment of Council
3. Composition of Council
4. Tenure of members
5. Filling of vacancies
6. Meetings of Council
7. Disclosure of interest
8. Immunity of members
9. Committees of Council
10. Remuneration of members
The Chairman and other members under paragraph (k) appointed by the Council under this Act shall be paid remuneration fees.Part III – Functions of Council
11. Functions of Council
Part IV – Funds and accounts of Council
12. Funds of Council
13. Accounts and audit
14. Internal auditor
15. Financial year
The financial year of the Council shall be the same as the financial year of the Government.16. Annual report
Part V – Administrative provisions
17. Secretariat
18. Executive Secretary
19. Other staff
20. Secondment of public officers
Public officers may at the instance of the Secretariat, be seconded or otherwise render assistance to the Secretariat but the Secretariat may request the withdrawal of any such seconded staff who is unable to carry out assigned functions in a manner satisfactory to the Secretariat.21. Protection of officers
An officer or employee of the Secretariat or any person acting on the directions of an officer or employee of the Secretariat shall not be liable in respect of any matter or thing done by him in good faith under this Act.Part VI – Protection from involuntary exposure to tabacco smoke or aerosol from electronic nicotine delivery systems
22. Prohibited smoking areas
23. Designation of additional public places
The Minister may, by notice published in the gazette, designate a place as public place in which smoking is prohibited.Part VII – Regulation of sale and distribution of tobacco, tobacco products and other nicotine products
24. Prohibition of sale and supply to child
25. Manufacture or sale of confectionery or toy
26. Display of signs on business
27. Prohibition of sale via vending machine and other unsupervised sale
28. Prohibition of self-service display
29. Prohibition of sale in small quantities
30. Prohibition of delivery by mail
31. Information required on packages
32. Tax and price policy
The Minister responsible for finance shall—Part VIII – Regulation of advertisement, promotion and sponsorship of tobacco, tobacco products and other nicotine products
33. False promotion
34. Testimonials or endorsements
35. Advertisement of tobacco by electronic or print medium
36. Prohibition of tobacco sponsorship
37. Prohibition of display of name on facility
38. Prohibition of display of name on accessories
39. Prohibition of display of brand on non-tobacco products
40. Prohibition of promotion sale
41. Prohibition on cross-border promotion, advertisement and sponsorship
42. Prohibition of brand stretching
Part IX – Regulation of manufacture, importation and distribution of tobacco, tobacco products and other nicotine products
43. Prohibition of flavours and additive
44. Manufacturing, importation and distribution licence
45. Registration of wholesalers
Part X – Protection tobacco control policies from commercial and other vested interests of the tobacco industry
46. Protection of public health policies from tobacco commercial and other vested interests
Part XI – Enforcement
47. Appointment of authorised officers
48. Powers of authorised officer
Part XII – Miscellaneous
49. Regulations
The Minister may, after consultation with the Council, by statutory instrument, make Regulations as he considers necessary or expedient for giving effect to this Act.History of this document
28 April 2023 this version
Published in Sierra Leone Gazette 24
Commenced
06 April 2023
Assented to
14 July 2022
Commenced