The Tobacco Control (Amendment) Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Health Ministry Approval Required for All Nicotine Products
The Bill makes it illegal to manufacture, import, distribute, store, or sell any tobacco or nicotine product without the prior approval of the Cabinet Secretary for Health. Dealing in unapproved products carries a penalty of up to KSh 1 million or 5% of the person's gross turnover (whichever is higher), or imprisonment for up to two years, or both.
Fines Up to KSh 1 Million for Prohibited Additives and Flavours
The Bill bans the manufacture or supply of tobacco products containing additives that imply health benefits (like vitamins), energy stimulants (like caffeine), colouring agents, or characterising flavours (such as fruit, spice, herbs, alcohol, candy, or menthol). Violators face a fine of up to KSh 1 million, imprisonment for up to two years, or both.
Volume and Nicotine Concentration Caps Imposed on Vapes and Pouches
The Bill introduces strict physical limits on electronic nicotine delivery systems and nicotine pouches:
- Nicotine-containing liquid in refill containers must not exceed 10 millilitres, and single-use cartridges or tanks must not exceed 2 millilitres.
- Nicotine liquid concentration is capped at 10 milligrams per millilitre.
- Nicotine content in individual pouches is capped at 10 milligrams.
- All pouch and vape systems must be child-proof, tamper-proof, and carry health warning labels.
Ban on Online Sales, Influencer Marketing, and Hawking
To curb adolescent consumption, the Bill introduces strict marketing and sales prohibitions:
- Hawking, mobile vending, and vehicle sales of tobacco products are banned, with a fine of up to KSh 50,000 or up to six months of imprisonment.
- Selling or advertising tobacco products on digital platforms, social media, or through brand ambassadors/influencers is prohibited, with fines up to KSh 500,000 or up to three years of imprisonment.
- Offering free samples of vapes, pouches, or components is banned under a KSh 500,000 fine or up to three years of imprisonment.
County-Level Licensing Framework for Retailers and Distributors
Dealers must obtain a licence from their respective County Executive Committee Member for health before manufacturing, distributing, storing, or selling tobacco products. Operating without a licence or outside of licensed premises constitutes an offence punishable by a fine of up to KSh 100,000, imprisonment for up to 12 months, or both.
Bill No.
Senate Bills No. 35 of 2024
Gazette No.
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Sponsor
Sen. Catherine Muyeka Mumma, MP
Background
The Tobacco Control Act, Cap. 245A, was enacted on 27th September, 2007 to control the production, manufacture, sale, labelling, advertising, promotion, and sponsorship of tobacco products, and to establish the Tobacco Control Board. However, the current Act has only been amended once (in 2009) and does not account for the rapid proliferation of electronic nicotine delivery systems (vapes) and synthetic nicotine pouches, which are widely used by youth.
Preliminary findings by the Kenya Tobacco Board in Kisumu, Nakuru, Mombasa, and Nairobi Counties show that 30% of youth in higher learning institutions use tobacco products, and approximately 9,000 annual deaths in Kenya are linked to tobacco use. The Tobacco Control (Amendment) Bill, 2024, aims to address these regulatory gaps.
Key Amendments
- Updated Definitions: The Bill expands "smoking" to include the inhalation of synthetic nicotine by electronic means or ignition, and expands the definition of "tobacco product" to include synthetic nicotine.
- New Definitions: Introduces statutory definitions for "additive", "characterising flavour" (including fruit, spice, herbs, alcohol, candy, and menthol), "electronic cigarette", "electronic nicotine delivery system", and "nicotine pouch".
- Tobacco Control Fund: Mandates that 50% of fees paid for the testing and approval of manufactured or imported tobacco products will be allocated directly to the Tobacco Control Fund.
- Taxation and Pricing: Empowers the Cabinet Secretary for finance to implement progressive tax and price policies based on product volume and nicotine concentrations to discourage excessive consumption.
New Obligations
Product Specifications and Safety
- Vapes/Refill Containers: Nicotine liquid must be held in dedicated containers not exceeding 10ml, or in single-use cartridges/tanks not exceeding 2ml. The liquid concentration must not exceed 10mg/ml, must use pure ingredients prescribed by the Health Cabinet Secretary, must use child-resistant packaging, and must deliver consistent doses.
- Nicotine Pouches: Pouches must be child-proof, spill-proof, contain no more than 10mg of nicotine, and feature a removable health warning sticker.
- Packaging Leaflet: Every unit packet of nicotine pouches or vapes must include an instructional leaflet containing storage instructions, contra-indications, warnings for specific risk groups, possible adverse effects, and manufacturer contact details.
Advertising and Point of Sale Rules
- Child Protections: It is illegal to manufacture or sell products like sweets, snacks, toys, or cartoon characters in designs that resemble tobacco products, or tobacco products designed to imitate sweets or toys.
- Premises Warning Signs: Retailers selling pouches and electronic delivery systems must clearly display warnings stating that sale to persons under 18 is prohibited, detailing the health risks of additives, highlighting overdose dangers, and clarifying that vapes are not safe alternatives to traditional tobacco.
Restricted Smoking Areas
Smoking is strictly prohibited in public areas, including:
- Educational facilities, places of worship, hospitals, clinics, and children's homes.
- Residential premises where children are cared for.
- Public service vehicles, school buses, commercial aircraft, commuter boats, and police cells.
- Offices, workplaces, court buildings, factories, prisons, public transport terminals, shopping malls, and stadia (except in designated smoking areas).
Penalties
- Dealing in Unapproved Products: Fine of up to KSh 1 million or 5% of gross turnover (whichever is higher), imprisonment for up to two years, or both.
- Using Prohibited Additives/Flavours: Fine of up to KSh 1 million, imprisonment for up to two years, or both.
- Manufacturing/Selling Items Imitating Tobacco/Sweets: Fine of up to KSh 500,000, imprisonment for up to three years, or both.
- Hawking or Mobile Vending: Fine of up to KSh 50,000, imprisonment for up to six months, or both.
- Online Sales, Influencer Promotion, or Free Samples: Fine of up to KSh 500,000, imprisonment for up to three years, or both.
- Operating Without a County Licence: Fine of up to KSh 100,000, imprisonment for up to 12 months, or both.
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