The Tobacco Control (Amendment) Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
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Executive
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Final
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Strict Limits on Electronic Nicotine Delivery Systems
Under Section 14A, electronic nicotine delivery systems and refill containers are restricted to a maximum liquid volume of 10ml, cartridges to 2ml, and nicotine concentration to 20mg/ml. Non-compliance carries a fine of up to KSh 1 million or imprisonment of up to 2 years.
Ban on Online Sales and Hawking
Section 17A prohibits the sale of tobacco products through hawking, vehicles, or mobile vending, carrying a fine of up to KSh 50,000. Section 19A bans the sale or offer of tobacco products, nicotine pouches, and electronic nicotine delivery systems through online platforms and e-commerce, carrying a fine of up to KSh 500,000 or up to 3 years imprisonment.
Enlarged Packaging Health Warnings
Section 21 is amended to mandate that English and Kiswahili health warnings cover at least 75% of the principal display areas on both the front and back of tobacco product packages, an increase from the previous requirements.
Prohibition of Single-Use Plastics
Section 21B bans the manufacture, sale, distribution, or importation of tobacco products, packaging, or disposable electronic nicotine delivery systems containing single-use plastics. Violations are subject to a fine of up to KSh 10 million, up to 5 years imprisonment, or both.
Bill No.
Bill No. 35 of 2024
Gazette No.
Supplement No. 127 of 1st July, 2024
Background
The Tobacco Control (Amendment) Bill, 2024, seeks to amend the Tobacco Control Act (Cap. 245A) to incorporate and regulate modern nicotine products, including electronic nicotine delivery systems (e-cigarettes, vape pens) and nicotine pouches. It replaces the old Tobacco Control Board with a newly constituted Tobacco Control Advisory Committee and tightens rules on sales channels, ingredients, and packaging.
Key Amendments
- Tobacco Control Advisory Committee: Section 5 is replaced to establish a 10-member Advisory Committee to advise the Cabinet Secretary on tobacco control policies.
- Expanded Definitions: Section 2 is amended to define "electronic nicotine delivery system", "electronic cigarette", "nicotine pouch", and to expand "smoking" to include inhaling or exhaling vapor from electronic devices.
- Designated Smoking Area Specifications: Section 35 is amended to require that designated smoking areas be fully enclosed, operate under negative pressure relative to adjacent areas, exhaust directly outdoors without recirculation, and be certified by a qualified engineer.
New Obligations
- Ingredient and Product Standards: Nicotine-containing liquids must not exceed 20mg/ml of nicotine and must use pure ingredients (Section 14A). Nicotine pouches must be child-proof and contain no more than 20mg of nicotine per pouch (Section 14B).
- Banned Additives: Section 14J prohibits additives that imply health benefits (e.g., vitamins), stimulants (e.g., caffeine), colouring effects, or characterising flavours such as fruit, spice, herbs, alcohol, candy, or menthol.
- Licensing and Registration: Manufacturers, distributors, and retailers must obtain a license from their respective County Executive Committee member (Section 20A) and dealers must register with the Ministry responsible for health (Section 21A).
- Expanded Public Smoking Prohibition: Smoking is permanently banned in basic education institutions, places of worship, hospitals, children's homes, residential care facilities, public service vehicles, and police cells (Section 33).
Penalties
- Single-use plastics violation: A fine not exceeding KSh 10 million, imprisonment for up to 5 years, or both (Section 21B).
- Unregistered dealers: A fine not exceeding KSh 3 million, imprisonment for up to 3 years, or both (Section 21A).
- Unlicensed premises: A fine not exceeding KSh 1 million, imprisonment for up to 12 months, or both (Section 20A).
- Non-compliant e-liquids, pouches, or additives: A fine not exceeding KSh 1 million, or imprisonment for up to 2 years, or both (Sections 14A, 14B, 14J).
- Dealing in unapproved tobacco products: A fine not exceeding KSh 1 million or 5 percent of the person's gross turnover (whichever is higher), or imprisonment for up to 2 years (Section 14G).
- Online sales violations: A fine not exceeding KSh 500,000, imprisonment for up to 3 years, or both (Section 19A).
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