COTPA Cigarettes and Other tobacco products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
Section 4 of Tobacco Control Act, 2003:Smoking in all “public places” is prohibited
A “public Place “ means any place to which the public have access, whether as of right or not, and includes :
Hotels
Restaurants, coffee houses, pubs, bars, airport lounges, and other such places visited by the general public
Workplaces
Shopping malls
Cinema Halls
Educational Institutions and Libraries
Hospitals
Auditorium, open auditorium, amusement centres, stadium, railway station, bus stop etc.
Section 5 Prohibition of advertisement ,promotion and sponsorship of all tobacco products
Both direct & indirect advertisement of tobacco products are prohibited in all forms of audio, visual and print media
Total ban on sponsoring of any sport and cultural events by cigarette and other tobacco product companies
No trade mark or brand name of cigarettes or any tobacco product to be promoted in exchange for sponsorship, gift, prize or scholarship
No person, under contract or otherwise, to promote or agree to promote any tobacco product.
Section 6 Prohibition of Sale to minors
Sale of tobacco products to persons under the age of 18 is prohibited.
The seller should ensure that the person who is buying the tobacco product is not a minor.
A display board to be put up at the point of sale declaring that “sale of tobacco products to minors is prohibited”.
Section 6 (b) Prohibition on sale of tobacco products near educational institutions
In order to restrict access of youth for tobacco products, the sale of the same is prohibited in an area within radius of 100 yards of any educational institution.
A display board to be put up outside the educational institutions declaring the same.
Section 7 Specified health warning labels on all tobacco products
S.7: - Every package of cigarette or other tobacco product must bear on its label the specified warnings including a pictoral depiction of skull and cross bones and such other warnings as may be prescribed – restriction applies both w.r.t. manufacturer as well as trader
- cigarettes etc shall not be imported unless the package contains the specified health warning
- the specified warning shall appear on not less than one of the largest panels of the package
- every package shall contain the nicotine and tar contents alongwith the maximum permissible limits
Punishment For Violations
A fine up to Rs.200/-for offenses relating to smoking in public places and sale of tobacco products to minors; can be imposed by any officer as authorized by the central/state govt.
Offences relating to the direct and indirect advertising of tobacco product is punishable with maximum of 2 years of imprisonment or/and with fine upto Rs. 1000.
In subsequent offence , imprisonment up to 5 years and with fine upto Rs 5000
