Tobacco Control Act

This section provides definitions of terms used in the Act (interpretation of defined terms).

Jurisdiction: Uganda
Instrument: Act or statute
Citation: Chapter 43
Version: 31 Dec 2023
Language: en
Official source: View official record ↗

Source attribution: Source: Uganda Legal Information Institute

Statute overview

About this statute

This section provides definitions of terms used in the Act (interpretation of defined terms). Establishes the Tobacco Control Committee and specifies its membership, appointment rules, a prohibition on members having affiliations with the tobacco industry, and the Minister's appointment of a Vice Chairperson. Committee members hold office for three years (eligible for one re-appointment); members may resign by written notice; the Minister may remove a member on specified grounds. The Committee must act as the national coordinating mechanism and perform listed tobacco-control functions, subject to the Act. Schedule 2 applies to meetings of the Committee; subject to the Act and any written direction by the Minister, the Committee may regulate its own procedure.

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Provisions of Tobacco Control Act

Showing 49 of 49

Part I

Interpretation

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Interpretation - Interpretation
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This section provides definitions of terms used in the Act (interpretation of defined terms).

Section Interpretation Section In this Act, unless the context otherwise requires— “ additive ” means any substance, chemical compound or component other than tobacco or water, that is introduced in the tobacco product during processing, manufacturing or packaging, including, as applicable, those obtained in the paper, filter, portion pouch, or similar part of the tobacco product , its package or accessories and shall include any residues of pesticides, fungicides and other chemicals used during tobacco growing, harvesting, curing, storing or other stages of preparing the tobacco products for consumption; “ authorised agency ” means any Ministry , department, parastatal agency, local government council or public office in which or upon which any law vests functions of control or management of any segments of tobacco control ; “ authorised officer ” means a public officer or other person upon whom any law vests functions of ensuring; public health, public safety, inspection and investigation, testing, examining the manufacturing process, searching, seizing and detaining, sampling, tracking and tracing, maintenance of law and order or any other function authorised by the Minister ; “ brand name ” means a name by which a tobacco product is marketed or sold; “ Committee ” means the Tobacco Control Committee established under section 2 ; “ conflict of interest ” means conflict between the public duties and private interests of a person working in or on behalf of Government in any capacity, where that person has tobacco -related interests which could improperly influence the performance of his or her official duties and responsibilities; “ constituents ” means chemicals, including particles, vapours and gases found in tobacco or tobacco product ; “ content ” means constituents with respect to processed tobacco and ingredients with respect to tobacco products; “ cross-border advertising with respect to tobacco advertising, promotion, and sponsorship ” means advertisement which originates from within the territory of Uganda to another territory or which may be received in another territory, by means such as, placement on the internet or through broadcasts or other communications technologies, as well as advertisement which is originated from outside the territory of Uganda which is designed to be used in Uganda; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ electronic nicotine delivery systems ” means an electronic device that may be used to deliver nicotine vapour or other substances to the person inhaling from the device, including, an electronic cigarette, a cigar, a cigarillo, and a pipe; “ emissions ” means substances that are released when a tobacco product is used as intended, found in the smoke or released during the process of chewing or sucking or sniffing; “ enclosed or indoor ” means any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides or whether the structure is permanent or temporary; “ exporter ” means a person who sends or arranges to send a tobacco product outside Uganda for sale or supply in another country; “ Government ” or “Government authority” includes Governmental and semi or quasi-Govemmental institutions, bodies, boards, commissions, committees, work groups or entities; “ health warnings and messages ” means prescribed text and accompanying full colour pictures required by the Ministry to be displayed on tobacco packaging and labelling that convey the health and other consequences of tobacco use and exposure to tobacco smoke and any other tobacco control messages as prescribed by the Minister ; “ importer ” means a person who receives or arranges for the receipt of a tobacco product from another country for sale in Uganda; “ ingredients ” means tobacco , tobacco components, including materials used to manufacture those components, additives, processing aids, residual substances found in tobacco , following storage and processing and substances that migrate from the packaging material into the product; “ manufacturer ” means a legal entity, that manufactures, fabricates, produces, processes, packages or labels tobacco products, and includes an entity that is associated with manufacture, an entity that controls or is controlled by the manufacturer, or that which is controlled by the same entity that is controlled by the manufacturer; “ media ” means broadcast, print, electronic or any other avenues of communicating to the public; “ Minister ” means Minister responsible for health; “ Ministry ” means Ministry responsible for health; “ minor ” means a person below the age of twenty-one years; “ occupational activity ” includes any kind of employment, contract, consultancy, other work, or service activity, whether it is gainful or not; “ open space ” or “outdoor space” means any space that is not enclosed; “ outside packaging ” means any packaging in the retail sale of tobacco products, including multiple packages of tobacco products such as cartons, and includes any label and other written or graphic information on or in it; “ package ” means any covering, wrapper, container or other enclosure that contains a tobacco product ; “ person responsible for the premises ” means the owner, manager or other person in charge of the public place , workplace or means of public transport ; “ public office holder ” means an appointed or elected Government official, representative, adviser, or employee within any branch of Government at the national level or at the level of the local government; “ 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 right of access; “ public transport ” means any means of transport used for the carriage of members of the public; “ publish ” means to make public to at least one other person by any means; " relevant or related to tobacco control " includes tax, levies, price, trade, agriculture and other policies that affect or are likely to affect tobacco control policies ; “ responsible for tobacco control ” or “responsibility for tobacco control ” includes being involved in or contributing to or being in a position to be involved in or contribute to the development, implementation, administration or enforcement of tobacco control policies or those relevant or related to tobacco control , within any branch of Government at the national or sub-national levels; “ smoking ” means possessing or controlling a lit or heated tobacco product regardless of whether the smoke is actively inhaled or exhaled; “ smokeless tobacco product ” means products entirely or partly made of the leaf tobacco as raw material which are manufactured to be used for chewing, sucking or sniffing or any other means of oral consumption; “ subsidiary ” means business in the tobacco industry in which another tobacco corporation has a controlling share and includes any corporation organised and chartered under the laws of another State; “ supplier ” means a person who sells, offers to sell, displays for sale, gives or in any other way transfers possession of a tobacco product for a commercial purpose or who offers to transfer possession for a fee or other consideration or as a sample, gift, prize, or without charge; “ supply ” means to sell, give, exchange, convey, consign, deliver, furnish or transfer possession of or title to any tobacco product for the purpose of obtaining financial or business gain, or arrange or offer to do so, whether for a fee or other consideration or without charge; “ tobacco ” means a tobacco plant including its seeds and leaves; “ tobacco advertising and promotion ” means any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly and includes any commercial communication, act or practice that promotes or is likely to promote a tobacco manufacturer , wholesaler, distributor or importer ; “ tobacco control ” means a range of supply , demand and harm reduction strategies that are aimed at improving the health of a population by eliminating or reducing their consumption of tobacco or its products and exposure to tobacco smoke ; “ tobacco control policies ” include formulation, implementation, administration or enforcement of tobacco control policies, laws, regulations, programmes or initiatives and include policies relevant or related to tobacco control ; “ tobacco industry ” means— (a) with respect to Part II and Part IX of this Act, tobacco manufacturers, wholesale distributors and importers of tobacco products and persons or entities working on their behalf to further their interests; and (b) with respect to Part VIII of this Act, tobacco manufacturers, wholesale distributors and importers of tobacco products; “ tobacco product ” means a product which is entirely or partly made of the leaf tobacco as raw material which is manufactured to be used for smoking , sucking, chewing, snuffing or to be consumed by any other means; “ tobacco smoke ”, “second hand smoke” and “environmental tobacco smoke” means the smoke or other emissions released from a tobacco product or the smoke exhaled by a person smoking a tobacco product ; “ tobacco sponsorship ” means a form of contribution to an event, activity, organisation, or to an individual that has the aim, effect, or likely effect of promoting a tobacco product or tobacco use, directly or indirectly; “ trademark ” includes a recognisable variation of a trademark; “ workplace ” means an area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis and includes a private office, a common area and any other area which is generally used or frequented during the course of employment or work.

Part II

Tobacco Control Committee

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Tobacco Control Committee - Establishment of Tobacco Control Committee
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Establishes the Tobacco Control Committee and specifies its membership, appointment rules, a prohibition on members having affiliations with the tobacco industry, and the Minister's appointment of a Vice Chairperson.

Section Establishment of Tobacco Control Committee Section The Committee shall consist of the following— The Chairperson and Vice Chairperson shall— There is established a committee to be known as the Tobacco Control Committee . a representative from the Office of the Prime Minister , who shall be the Chairperson; the Director General of Health Services; the National Focal Point Person for Tobacco Control, designated under section 6 ; a representative of the Ministry responsible for trade; a representative of the Ministry responsible for education and sports; a representative of the Ministry responsible for agriculture, animal industry and fisheries; a representative of the Ministry responsible for gender, labour and social development; a representative of the Uganda National Bureau of Standards; a representative of the National Environment Management Authority; and one representative of the civil society engaged in tobacco control , nominated by a forum of organisations engaged in tobacco control . A member referred to in subsection (2)(d) , (e) , (f) and (g) shall be appointed by the Minister of the respective Ministry and shall not be below the rank of principal. A member referred to in subsection (2)(h) and (i) shall be appointed by the head of the respective organisation. A member of the Committee shall not have any affiliation with the tobacco industry or any person or entity furthering the interests of the tobacco industry or its subsidiaries. A member referred to in subsection (2)(c) shall be the Secretary to the Committee . The Minister shall appoint a Vice Chairperson from among the members of the Committee . not be of the same gender; be of high moral character and proven integrity; be holders of degrees from universities recognised in Uganda; and possess the relevant qualifications and experience in public administration.
3
Tobacco Control Committee - Tenure of office
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Committee members hold office for three years (eligible for one re-appointment); members may resign by written notice; the Minister may remove a member on specified grounds.

Section Tenure of office Section A member may— be removed from office by the Minister where the member— The members of the Committee shall hold office for a period of three years and are eligible for re-appointment for one more term only. at any time, before the expiry of his or her term, resign his or her office by giving written notice to the Minister and copying the notice to the Chairperson of the Committee ; fails to attend three consecutive meetings of the Committee without notice in writing to the Chairperson; is incapacitated by physical or mental illness and is incapable of performing his or her duties as a member of the Committee for a period of not less than six months; is convicted of an offence and sentenced to a term of imprisonment of not less than six months without the option of a fine; or has an affiliation with the tobacco industry or any person or entity furthering the interests of the tobacco industry or its subsidiaries.
4
Tobacco Control Committee - Functions of Committee
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The Committee must act as the national coordinating mechanism and perform listed tobacco-control functions, subject to the Act.

Section Functions of Committee Section The Committee shall, subject to this Act— The Committee shall be the national coordinating mechanism for purposes of the effective implementation of the Framework Convention on Tobacco Control of the World Health Organisation. implement the objectives of this Act in accordance with the Framework Convention on Tobacco Control of the World Health Organisation and its implementing guidelines and protocols; coordinate and monitor tobacco control interventions; advise the Minister on policies and legislative measures relating to tobacco control ; monitor interference and insulate tobacco control related policies from commercial and other vested interests of the tobacco industry ; advise the Minister on the administration of this Act; perform any other function incidental to the effective implementation of the provisions of this Act as may be assigned to it by the Prime Minister .
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Tobacco Control Committee - Meetings of Committee
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Schedule 2 applies to meetings of the Committee; subject to the Act and any written direction by the Minister, the Committee may regulate its own procedure.

Section Meetings of Committee Section The provisions of Schedule 2 to this Act shall have effect with regard to meetings of the Committee . Subject to this Act and to any direction given in writing by the Minister , the Committee may regulate its own procedure.
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Tobacco Control Committee - National Focal Point Person for Tobacco Control
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The Minister must designate a National Focal Point Person for Tobacco Control who shall be at least of principal rank; that person is the Secretary to the Committee, who must take the Committee's minutes and perform duties assigned by the Committee or Minister.

Section National Focal Point Person for Tobacco Control Section The Minister shall designate a person within the Ministry to be the National Focal Point Person for Tobacco Control. A person designated under subsection (1) shall not be below the rank of principal. The National Focal Point Person for Tobacco Control shall be the Secretary to the Committee . The Secretary to the Committee shall be responsible for taking all the minutes of the meetings of the Committee . The Secretary to the Committee shall perform all other duties and functions that the Committee or the Minister may assign to him or her.
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Tobacco Control Committee - The secretariat
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The secretariat must be headed by the National Focal Point Person for Tobacco Control; it may have other public officers transferred or seconded by the Minister to perform assigned functions.

Section The secretariat Section There shall be a secretariat of the Committee stationed in the Ministry . The secretariat shall be headed by the National Focal Point Person for Tobacco Control. The secretariat may have other public officers as may be transferred or seconded to it by the Minister to carry out functions as maybe assigned to it in the instrument of transfer or secondment.
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Tobacco Control Committee - Functions of secretariat
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The secretariat must coordinate Committee meetings; provide technical support for tobacco control implementation; produce and disseminate information on tobacco control; perform other duties related to tobacco control; and perform functions assigned by the Committee.

Section Functions of secretariat Section The secretariat shall— coordinate the meetings of the Committee ; provide technical support for the implementation of tobacco control interventions within this Act; produce and disseminate information on tobacco control ; perform any other duties related to tobacco control ; and perform any other functions as may be assigned to it by the Committee .
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Tobacco Control Committee - Protection from liability
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Employees of the secretariat and other persons acting for the Committee are not personally liable for acts or omissions done in good faith while performing duties under the Act.

Section Protection from liability Section An employee of the secretariat or any other person acting on behalf of the Committee shall not be held personally liable in respect of any act or omission done in good faith in the performance of his or her duties under this Act.

Part III

Tobacco smoke-free environment

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Tobacco smoke-free environment - Right to tobacco smoke-free environment
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Everyone has a right to a tobacco smoke-free environment, and a person consuming tobacco must ensure they do not expose others to tobacco smoke.

Section Right to tobacco smoke-free environment Section Every person has a right to a tobacco smoke -free environment. A person consuming a tobacco product shall ensure that he or she does not expose another person to tobacco smoke .
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Tobacco smoke-free environment - Prohibition of smoking in public places, workplaces and means of public transport
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Smoking is prohibited in specified public places, workplaces, means of public transport and within specified distances; persons responsible for premises must enforce the rule and remove smoking paraphernalia; contraventions are offences with fines or imprisonment and may lead to licence revocation and closure.

Section Prohibition of smoking in public places, workplaces and means of public transport Section A person shall not smoke in any outdoor space that is— A person responsible for a public place , workplace or means of public transport shall— A person shall not smoke in a public place , workplace or in any means of public transport prescribed in Schedule 3 to this Act. within fifty meters of any public place , workplace , public transport terminal or any other place that provides services primarily to children; within fifty meters of any window, door or air intake mechanism of any public place or workplace or any waiting area or queue; within fifty meters from the place of service or consumption of food or drink; or designated a non- smoking area by the person responsible for the premises . A person responsible for a public place , workplace or means of public transport shall take reasonable effort to ensure the observance of subsections (1) and (2) . order a person found contravening this section to immediately cease smoking , indicating the penalty for contravention; require a person who fails or refuses to comply with paragraph (a) to leave the place or disembark from the means of public transport immediately, as the case may be; cause arrest or contact a law enforcement agent or other authority if the person fails to comply with a caution prescribed under paragraph (a) or (b) . A person responsible for the premises shall ensure that there are no ashtrays or other items that suggest smoking in a public place , indoor area of the premise and any outdoor area where smoking is prohibited. Any person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding ten currency points or to imprisonment for a term not exceeding five months, or both. A person responsible for the premises and the managing agent of that person who continuously contravenes subsections (2) and (3) shall have his or her licence for the premises revoked by the issuing authority and the premises shall be closed for a period of not less than six months.
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Tobacco smoke-free environment - Display of notices
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Persons responsible for premises where smoking is prohibited must display a clear prominent notice in English, Swahili and the commonly used local language stating that smoking is prohibited and showing the prescribed penalty; the Minister prescribes the form and placement by regulations; contravention is an offence with specified fines and imprisonment on conviction.

Section Display of notices Section A person responsible for premises where smoking is prohibited shall display in a conspicuous place, a clear and prominent notice in the English language, Swahili and the language commonly used in the area, that smoking is prohibited together with the prescribed penalty. A notice required under this section shall be in such form, size, font, format and content and shall be displayed or posted in such places as shall be prescribed by the Minister by regulations. Any person responsible for premises who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding twelve currency points or to imprisonment for a term not exceeding six months, or both. Any person who contravenes this section shall on subsequent conviction be liable to a fine not exceeding twenty-four currency points or to imprisonment for a term not exceeding one year, or both. Where this section is contravened by a corporation or partnership, the manager, director, officer or their legal representative shall bear responsibility for the costs incurred in the enforcement process.

Part IV

Comprehensive ban on tobacco advertising, promotion and sponsorship

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Comprehensive ban on tobacco advertising, promotion and sponsorship - Comprehensive ban on tobacco advertising, promotion and sponsorship
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A comprehensive ban: persons must not initiate, publish, or participate in tobacco advertising, promotion or sponsorship (including cross-border); limited narrow exceptions are listed; information producers must take reasonable steps to prevent dissemination; violations carry fines and/or imprisonment and additional sanctions.

Section Comprehensive ban on tobacco advertising, promotion and sponsorship Section A person shall not— Notwithstanding subsection (1) , the following may be allowed— Where a person convicted under this section is a corporate entity, the court may, in addition to the penalty stipulated under subsection (6) — All forms, methods and means of tobacco advertising, promotion and sponsorship, including cross-border tobacco advertising, promotion or sponsorship prescribed in Schedule 4 to this Act are prohibited. initiate tobacco advertising, promotion or sponsorship including cross-border tobacco advertising, promotion or sponsorship; produce, publish or make accessible any material for tobacco advertising, promotion or sponsorship including cross-border tobacco advertising, promotion or sponsorship; or engage or participate in any tobacco advertising, promotion or sponsorship. A person involved in the production, placement, publication or dissemination of any information shall take reasonable steps to prevent the production, placement, publication or dissemination of tobacco advertisement, promotion or sponsorship. plain black and white price lists, as may be prescribed, made available on request where tobacco products are sold, provided the price lists contain no material other than the product brand name , package quantity and price, as well as the prescribed health warnings and any other information that may be prescribed by the Minister ; the name of the manufacturer , product and brand on the tobacco product package , subject to any conditions imposed by regulations; tobacco product information communicated in such a manner to be accessible only to persons within the commercial tobacco trade who need the information to make trading decisions; tobacco manufacturers’ newsletters destined for and distributed only to the manufacturer 's employees, contractors, suppliers, or other business partners; depiction of tobacco products or tobacco use in the media where the depiction is justified for educational purposes of tobacco control ; and publication of information required by law. A person shall not employ any means to convey information that is false, misleading or deceptive or likely to create an erroneous impression about a tobacco product ’s characteristics, health effects, hazards or emissions . Any person who violates this section commits an offence and is liable, on conviction, to a fine not less than twenty-four currency points or imprisonment for a term not less than one year, or both. impose a fine of not less than one thousand currency points; order for the surrender of any proceeds of sale of the product to Government ; or suspend the trading licence of that person for a period of not less than six months. Notwithstanding the penalty prescribed in subsection (7) , court may order the seizure, forfeiture or destruction of the prohibited material, at the cost of the offender. For the purposes of this section, a director, manager or officer of a corporate entity, may be held personally liable for the offence committed.

Part IX

Enforcement

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Enforcement - Appointment of authorised officers
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The Minister may appoint authorised officers by notice in the Gazette and must issue appointment certificates; several classes of officers are expressly deemed authorised officers.

Section Appointment of authorised officers Section Notwithstanding this section, the following officers shall be deemed to be authorised officers for the purposes of this Act— The Minister may, by notice in the Gazette , appoint a person or class of persons to be authorised officers for the purposes of this Act. The Minister shall issue a certificate of appointment to every person appointed under this section. public health officers appointed under the Public Health Act; environmental inspectors appointed or designated by the National Environment Management Authority; standards inspectors appointed under the Uganda National Bureau of Standards Act ; customs officers appointed under the Uganda Revenue Authority Act; and a person upon whom any written law vests functions of the maintenance of law and order.
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Enforcement - Places where authorised officers may enter
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An authorised officer may enter any place or premises for compliance purposes when they reasonably believe there is activity, items, or information related to tobacco or tobacco products; an authorised officer entering must identify themself to the person in charge if required.

Section Places where authorised officers may enter Section For the purpose of ensuring compliance with this Act, an authorised officer may, at any time, enter any place or premises, in which the authorised officer believes on reasonable grounds that— tobacco or a tobacco product is or has been produced, manufactured, tested, stored, labelled, sold or used; there are items or substances used in the production, manufacture, testing, packaging, labelling, promotion or sale of a tobacco product ; or there is information relating to the production, manufacture, testing, packaging, labelling, promotion or sale of a tobacco product . An authorised officer entering premises under this section shall, if so required, identify himself or herself to a person who is in charge of the premises or place.
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Enforcement - Powers of authorised officers
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An authorised officer may perform several enforcement actions including examining tobacco products, requiring production of products or information, opening containers, taking samples for testing, and confiscating or destroying non‑conforming items (destruction requires a court order and compliance with the National Environment Act).

Section Powers of authorised officers Section An authorised officer may— examine a tobacco product or anything referred to it in this Act; require a person in a place or premises referred to in section 27 to produce for inspection, in the manner and form requested by the authorised officer , the tobacco product or item being regulated under this Act; open or require a person in the place or premises referred to in section 27 to open any container or package found in the place that the officer believes on reasonable grounds contains a tobacco product or an item regulated under this Act; take or require a person to produce a sample of the tobacco product found in any premises or place and submit the sample to any test he or she may consider necessary; require a person found in the place or premises referred to in section 27 to produce, for inspection or copying, any written or electronic information that is relevant to the administration or enforcement of this Act; or confiscate or destroy a tobacco product or an item that does not conform to the provisions of this Act. The destruction of a tobacco product or item referred to in subsection (1)(f) shall be by court order and in conformity with the requirements of the National Environment Act.
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Enforcement - Powers to issue warrant
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A magistrate or High Court judge may (on an ex parte application and when satisfied by information on oath) issue a warrant authorising an authorised officer to enter and inspect a dwelling place or premises if entry is necessary for administration or enforcement and the occupant does not consent or entry has been refused or is likely to be refused.

Section Powers to issue warrant Section Upon an ex parte application, a magistrate or judge of the High Court may issue a warrant authorising the authorised officer named in the warrant to enter and inspect a dwelling place or premises, subject to the conditions specified in the warrant if any, where the magistrate or judge is satisfied by information on oath that— entry to the dwelling place or premises is necessary for the administration or enforcement of this Act; the occupant does not consent to the entry, or that entry has been refused or there are reasonable grounds for believing that it will be refused. For the purposes of this section, a dwelling place shall be a building or other place in which people live.
30
Enforcement - Use of records
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An authorised officer may use computer systems and copying equipment, reproduce and take data, and scrutinise record systems when inspecting a place to enforce this Act.

Section Use of records Section In carrying out an inspection of a place, an authorised officer may— use or cause to be used any computer system in the place, to examine data contained in or available on the computer system, that is relevant to the implementation or enforcement of this Act; reproduce the data in the form of a print-out or other intelligible output and take it for examination or copying; use or cause to be used any copying equipment in the place to make copies of any data, record or document; or scrutinise any other record system in use in a place.
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Enforcement - Use of force
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An authorised officer executing a warrant under section 29 must not use force unless accompanied by a police officer and the warrant specifically authorises the use of force.

Section Use of force Section An authorised officer executing the warrant issued under section 29 shall not use force unless the officer is accompanied by a police officer and the use of force is specifically authorised in the warrant.
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Enforcement - Certificate of analysis
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An authorised officer who analyses or examines a tobacco product or sample must issue a certificate or report stating the result.

Section Certificate of analysis Section An authorised officer who analyses or examines a tobacco product or item under this Act, or a sample of it, shall issue a certificate or report setting out the result of the analysis or examination.
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Enforcement - Assistance to officers
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Owners, persons in charge of premises, or persons found on premises being inspected must help authorised officers and provide requested information or items.

Section Assistance to officers Section An owner or a person in charge of a place or premises or a person found in a place to be inspected by an authorised officer shall— provide the necessary assistance to enable the authorised officer execute his or her duties under this Act; and furnish the authorised officer with such information, materials or any other item as the officer requires for the purpose for which entry into the place is made.
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Enforcement - Obstruction
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A person shall not obstruct an authorised officer in his or her duties, or knowingly make a false or misleading statement to an authorised officer.

Section Obstruction Section A person shall not obstruct an authorised officer in his or her duties, or knowingly make a false or misleading statement to an authorised officer .
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Enforcement - Seizure
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During an inspection, an authorised officer may seize tobacco products or related items if the officer reasonably believes the Act was contravened; the officer must make a full inventory at the time of seizure.

Section Seizure Section During an inspection, an authorised officer may seize any tobacco product or item by means of which or in relation to which the officer believes, on reasonable grounds, that this Act has been contravened and a full inventory of the tobacco product or item shall be made at the time of the seizure by the officer.
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Enforcement - Storage and removal
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An authorised officer may direct that seized tobacco products or items be kept where seized or transferred to another place.

Section Storage and removal Section An authorised officer may direct that any tobacco product or item seized by him or her be kept or stored in the place where it was seized or that it be transferred to another place.
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Enforcement - Interference with seized product or item
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A person must not remove, alter or interfere with any seized tobacco product or other seized item unless directed by an authorised officer.

Section Interference with seized product or item Section Unless directed by an authorised officer , a person shall not remove, alter or interfere, in any manner, with any tobacco product or other item seized.
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Enforcement - Restoration of seized product or item
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A person from whom a tobacco product or item is seized may, within fourteen days after the date of seizure, apply to the magistrates court or the High Court for an order of restoration.

Section Restoration of seized product or item Section A person from whom a tobacco product or item is seized may, within fourteen days after the date of seizure, apply to the magistrates court or the High Court for an order of restoration.
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Enforcement - Order for restoration
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The magistrates court or High Court may order restoration of seized tobacco products or items to the applicant if the court, on hearing the application, is satisfied that the applicant is entitled to possession and the item will not be required as evidence in proceedings under this Act.

Section Order for restoration Section The magistrates court or High Court may order that the tobacco product or item be restored to the applicant if, on hearing the application, the court is satisfied that— the applicant is entitled to possession of the tobacco product or the item seized; and the tobacco product or item seized is not and will not be required as evidence in any proceedings in respect of an offence under this Act.
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Enforcement - Forfeiture
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The Minister may direct that forfeited tobacco products or items be destroyed or disposed of.

Section Forfeiture Section A tobacco product or item shall be forfeited to the Government and may be destroyed or disposed of as the Minister may direct where— no application is made under section 38 , or an application is made but on the hearing of the application, no order for restoration is made; a person is convicted of an offence under this Act in respect of which a tobacco product or item has been seized; or an officer seized a tobacco product or item and the owner or the person in whose possession it was at the time of seizure consents in writing to its forfeiture.

Part V

Tobacco product packaging and labelling

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Tobacco product packaging and labelling - Packaging and labelling of tobacco products
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The section prohibits persons from importing, manufacturing, distributing, selling or offering for sale tobacco products unless packaging and labelling meet Minister-prescribed requirements; prohibits false or misleading labelling; requires health warnings to occupy at least 65% of principal display areas; and prescribes fines, imprisonment and other court orders for contraventions.

Section Packaging and labelling of tobacco products Section Where a person convicted under this section is a corporate entity the court may, in addition to the penalty stipulated— A person shall not import, manufacture, distribute, sell or offer for sale a tobacco product in Uganda unless the unit packet, package of tobacco product or outside packaging and labelling of the product conforms to the packaging and labelling requirements prescribed by the Minister by statutory instrument. Subject to subsection (1) , the text and pictures comprising the health warnings and messages shall appear together and shall occupy no less than sixty-five percent of each principal display area of the unit packet, package of tobacco product or outside packing and shall not include the space taken up by any border surrounding the health warnings and messages . A person shall not label or package a tobacco product by any means including a term, descriptor, trademark , figurative or other sign that is false, misleading, deceptive or likely to directly or indirectly create an erroneous impression about the product’s characteristics, health effects, hazards or emissions . Any person who contravenes this section commits an offence and is liable, on conviction, to a fine not less than twenty-four currency points or to imprisonment for a term not less than one year, or both. impose a fine of not less than one thousand currency points; order for the surrender of any proceeds of sale of the product to Government ; or suspend the trading licence of that person for a period of not less than six months. In addition to the penalty prescribed in this section, court shall order the seizure, forfeiture and destruction of tobacco products that do not conform to the requirements of this section. For the purposes of this section, a director, manager or officer of a corporate entity, may be personally held liable for the offence committed by a corporate entity.

Part VI

Restrictions on sale, supply and use of tobacco products

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Restrictions on sale, supply and use of tobacco products - Sale and display of tobacco and tobacco products
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The section prohibits persons from importing, manufacturing, distributing, processing, selling or offering for sale tobacco products (including specified devices and flavoured products), prohibits certain sales and displays (including through vending machines, internet or where age cannot be ascertained), requires unit packets to be intact, grants the Minister power to prescribe further requirements, and sets fines, imprisonment and other penalties for contraventions.

Section Sale and display of tobacco and tobacco products Section A person shall not import, manufacture, distribute, process, sell, offer for sale, or bring into the country— A person shall not sell a tobacco product — Where a person convicted under this section is a corporate entity the court shall, in addition to the penalty stipulated— A person shall not sell, arrange to sell or enable or facilitate a sale or buy a tobacco product in a place specified in Schedule 5 to this Act. an electronic nicotine delivery system, including the electronic vapourisation device or cartridges with nicotine-containing liquid or other substances to be vapourised; a water-pipe tobacco delivery system, including the water pipe device or the water-pipe tobacco product or other substances to be used in the water-pipe delivery system; or a smokeless or flavoured tobacco product . A person shall not prominently display or make visible a tobacco product at any point of sale, other than being visible momentarily at the time of a sales transaction. through an automated vending machine; by delivery, mail order or via the internet, telecommunication or any other means through which the age of the person cannot be ascertained; by any other means in which the purchaser and seller are not in the same physical location; or by any other means as may be prescribed by the Minister by statutory instrument. A person shall not import, manufacture, distribute, sell, or offer for sale a unit packet of a tobacco product unless the packet is intact. Notwithstanding subsection (5) , the Minister may by statutory instrument prescribe other requirements in relation to this section. Any person who contravenes this section commits an offence and is liable, on conviction, to a fine not less than twenty-four currency points or to imprisonment for a term not less than one year, or both. impose a fine of not less than one thousand currency points; order for the surrender of any proceeds of sale of the product to Government ; or suspend the trading licence of that person for a period of not less than six months. Notwithstanding the penalty prescribed in subsection (8) , court may order the seizure, forfeiture or destruction of the prohibited material at the cost of the offender. For the purposes of this section, a director, manager or officer of a corporate entity, may be personally held liable for the offence committed.
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Restrictions on sale, supply and use of tobacco products - Prohibition of supply of tobacco and tobacco products to and by minors
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Prohibits persons from employing minors or supplying tobacco-like products that may appeal to minors; violations are offences punishable by fines and imprisonment; courts have additional penalties for corporate convictions and may order seizure and forfeiture; corporate officers may be held personally liable.

Section Prohibition of supply of tobacco and tobacco products to and by minors Section Where a person convicted under this section is a corporate entity the court shall, in addition to the penalty stipulated— A person shall not employ or involve a minor in the cultivation, harvesting, growing, curing, manufacturing, importation, distribution, selling or offering for sale or purchasing of tobacco or a tobacco product or in any other tobacco related activity. A person shall not import, manufacture, distribute, sell or offer for sale a sweet, snack, toy, or any other object in the form of tobacco or a tobacco product including an object which resembles, mimics or imitates a tobacco product which may appeal to a minor . It shall not be a defence for a person charged for an offence under this section to claim that he or she did not know that the person was a minor . Any person who violates this section commits an offence and is liable, on conviction, to a fine of not less than one hundred currency points or to imprisonment for a term not less than one year, or both. impose a fine of not less than one thousand currency points; order for the surrender of any proceeds of sale of the product to Government ; or suspend the trading licence of that person for a period of not less than six months. Notwithstanding the penalty prescribed in subsection (5) , court shall order the seizure, forfeiture or destruction of the prohibited material, at the cost of the offender. For the purposes of this section, a director, manager or officer of a corporate entity, may be personally held liable for the offence committed.

Part VII

Regulation of tobacco products contents and emissions disclosures

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Regulation of tobacco products contents and emissions disclosures - Regulation of tobacco products
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A person must not import, manufacture, distribute, sell or offer for sale a tobacco product unless it conforms to the prescribed contents and emissions standards or disclosure requirements.

Section Regulation of tobacco products Section Where a person convicted under this section is a corporate entity the court may, in addition to the penalty stipulated— A person shall not import, manufacture, distribute, sell or offer for sale a tobacco product unless the tobacco product conforms to the tobacco product standards on contents and emissions or other disclosure requirements prescribed by the Minister by statutory instrument. Any person who contravenes any provision of this section commits an offence and is liable, on conviction, to a fine not less than twenty-four currency points or to imprisonment for a term not less than one year, or both. impose a fine of not less than one thousand currency points; order for the surrender of any proceeds of sale of the product to Government ; or suspend the trading licence of that person for a period of not less than one year. Notwithstanding the penalty prescribed in subsection (3) , court may order the seizure, forfeiture or destruction of the prohibited material at the cost of the offender.

Part VIII

Protection of tobacco control policies from commercial and other vested intrests of tobacco industry

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Protection of tobacco control policies from commercial and other vested intrests of tobacco industry - Duty of Government
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The Government must protect the public from influence and interference by tobacco industry vested interests and must ensure transparency in its interactions with the tobacco industry.

Section Duty of Government Section In the implementation of this Act and any public health policy related to tobacco control , it shall be the duty of Government to— protect the public against the influence of and interference by the commercial and other vested interests of the tobacco industry ; and ensure that there is transparency in the interactions of Government with the tobacco industry . The records and documents related to the interactions, communications and contacts held between the Government and the tobacco industry shall be transparent and open to the public.
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Protection of tobacco control policies from commercial and other vested intrests of tobacco industry - Government interactions with tobacco industry
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People or bodies involved in making or overseeing tobacco-control public health policy must not interact with the tobacco industry except when strictly necessary for effective regulation; any interactions must be transparent.

Section Government interactions with tobacco industry Section A person, body or entity that contributes to or may contribute to the formulation, implementation, administration, enforcement or monitoring of public health policies on tobacco control shall not interact with the tobacco industry except where it is strictly necessary for the effective regulation of the tobacco industry or a tobacco product . The interactions in subsection (1) shall be transparent.
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Protection of tobacco control policies from commercial and other vested intrests of tobacco industry - Prohibition on partnerships and endorsements of tobacco industry
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Persons or entities involved in developing or implementing public health tobacco-control policies must not participate in, support, endorse or accept partnerships, non‑binding arrangements, financial contributions, programmes, or offers of assistance from the tobacco industry.

Section Prohibition on partnerships and endorsements of tobacco industry Section A person, body or entity that contributes to or may contribute to the formulation, implementation, administration, enforcement or monitoring of public health policies on tobacco control shall not participate in, support, endorse or accept— a partnership of any kind with the tobacco industry , including initiatives or activities of the tobacco industry described, characterised, implied, or likely to be perceived as socially responsible; any non-binding or non-enforceable agreement, memorandum of understanding, voluntary arrangement or tobacco industry code of conduct in the place of legally enforceable tobacco control measures; direct or indirect financial or resource contribution or involvement in any manner in any initiative, campaign or programme directly or indirectly related to tobacco control or public health, including but not limited to, youth access and education programmes, public education campaigns, and other initiatives; or proposals, drafts or offers of assistance with the development or implementation of any tobacco control policies .
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Protection of tobacco control policies from commercial and other vested intrests of tobacco industry - Prohibition on voluntary contributions from tobacco industry
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Anyone involved in developing or implementing tobacco-control public health policies must not solicit or accept contributions from the tobacco industry.

Section Prohibition on voluntary contributions from tobacco industry Section A person, body or entity that contributes to or may contribute to, the formulation, implementation, administration, enforcement or monitoring of public health policies on tobacco control shall not solicit or accept contributions from the tobacco industry .
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Protection of tobacco control policies from commercial and other vested intrests of tobacco industry - Prohibition of incentives or privileges to tobacco businesses
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Persons or entities involved in developing or implementing tobacco-control public health policies must not provide incentives, invest in, establish or operate tobacco businesses, or grant privileges related to tobacco production or marketing.

Section Prohibition of incentives or privileges to tobacco businesses Section A person, body or entity that contributes to or may contribute to the formulation, implementation, administration, enforcement or monitoring of public health policies on tobacco control shall not— provide any incentive, benefits, privileges or preferential tax exemptions to the tobacco industry ; invest in the tobacco industry or related ventures; establish or operate a tobacco manufacturing, wholesale or import business; or give any incentive or offer a privilege related to any phase of the production or marketing of tobacco products or growing of tobacco .
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Protection of tobacco control policies from commercial and other vested intrests of tobacco industry - Levy on leaf tobacco
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Exporters must pay a levy of USD 0.8 per kilogramme on leaf tobacco exported out of Uganda to the Uganda Revenue Authority at the time of export.

Section Levy on leaf tobacco Section There shall be paid a levy on leaf tobacco at the rate of United States Dollars 0.8 per kilogramme of leaf tobacco , which is exported out of Uganda. The levy shall be paid by the exporter to the Uganda Revenue Authority at the time when the leaf tobacco is exported out of Uganda. For the purposes of this section, “leaf tobacco ” shall not include cutrag, threshed stem, threshed strips, threshed loose leaves or threshed lamina.
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Protection of tobacco control policies from commercial and other vested intrests of tobacco industry - Penalty for contravention of section 20, 21 or 22
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Any person who contravenes section 20, 21 or 22 commits an offence and, on conviction, may face cancellation of agreements, forfeiture of contributions from the tobacco industry, or revocation of incentives or tax exemptions.

Section Penalty for contravention of section 20, 21 or 22 Section Any person who contravenes section 20 , 21 or 22 commits an offence and is liable, on conviction, to— cancellation of the partnership, endorsement, memorandum of understanding or any other agreement; forfeiture of the contribution from the tobacco industry ; or revocation of the incentive, benefit, privilege or preferential tax exemptions, if any.
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Protection of tobacco control policies from commercial and other vested intrests of tobacco industry - Prevention and management of conflict of interest
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People involved in making or enforcing tobacco control policies must avoid conflicts of interest, disclose prior tobacco industry work, and may be barred from assignment if recently engaged with the tobacco industry; breaches are an offence with minimum fines or imprisonment.

Section Prevention and management of conflict of interest Section Conflict of interest shall be taken to arise when a person referred to in subsection (1) — A person who contributes to, or may contribute to, the formulation, implementation, administration, enforcement or monitoring of public health policies on tobacco control shall not engage in any occupational activity that may create a conflict of interest . deals with a matter in which he or she has interest and where he or she is in a position to influence the matter, directly or indirectly in the course of his or her duty; by virtue of the official position the person holds, the services he or she offers to another person or private body, are in conflict with his or her official duties; or solicits or gets a bribe to influence his or her actions. A person shall not be assigned a position to contribute to or where the person is likely to contribute to the formulation, implementation, administration, enforcement or monitoring of public health policies on tobacco control activities if that person has engaged in any occupational activity with the tobacco industry within less than two years of the proposed assignment. A person who contributes to or may contribute to the formulation, implementation, administration, enforcement or monitoring of public health policies on tobacco control shall not engage in any occupation activity with the tobacco industry within a period of twenty-four months of leaving Government service and the person shall be bound by the confidentiality clause with respect to any matter involving tobacco control policy or programme development or implementation as prescribed by the Minister by statutory instrument. A person who was previously engaged in any occupational activity with the tobacco industry , who seeks employment in a body, private or public, that contributes to, or is likely to contribute to the formulation, implementation, administration, enforcement or monitoring of public health policies on tobacco control shall disclose the nature and extent of his or her duties during the period when he or she was engaged in any occupation activity with the tobacco industry . A person who contributes to or may contribute to the formulation, implementation, administration, enforcement or monitoring of public health policies on tobacco control shall, by written notice, within seven days of accepting to engage in any occupational activity with the tobacco industry , disclose his or her intention to the Tobacco Control Committee . Any person who contravenes this section commits an offence and is liable, on conviction, to a fine of not less than two hundred forty currency points or to imprisonment for a term not less than five years, or both. In addition to the penalty prescribed in subsection (7) , the court may, having regard to the loss suffered by the Government or public body, order a person to pay, by way of compensation, to Government or public body such sum as in the opinion of the court is just. The order issued under subsection (8) shall be deemed to be a decree under section 25 of the Civil Procedure Act and shall be executed in the manner provided under section 39 of the Civil Procedure Act.

Part X

Miscellaneous

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Miscellaneous - Offences by and relating to officers and persons employed to implement Act
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Officers and persons enforcing the Act must not ask for or take payments or rewards they are not lawfully entitled to; persons must not offer or give such unlawful payments or enter agreements to induce officers to improperly permit, conceal or connive at actions that compromise implementation; a person who volunteers information about contraventions shall be offered protection under the Whistleblowers Protection Act.

Section Offences by and relating to officers and persons employed to implement Act Section An authorised officer or a person employed in enforcing the provisions of this Act who— Any person who— directly or indirectly asks for or takes in connection with any of the officer’s duties, any payment or reward whatsoever, whether pecuniary or otherwise or promise or security for the payment or reward, not being a payment or reward which the officer was lawfully entitled to receive; or enters into or acquiesces in any agreement to do or to abstain from doing, permit, conceal or connive at any act or thing whereby the implementation of the provisions of this Act is compromised, directly or indirectly offers or gives an officer a payment or reward, whether pecuniary or otherwise, or a promise or security for a payment or reward, not being a payment or reward which the officer was lawfully entitled to receive; or proposes or enters into an agreement with an officer in order to induce the officer to do or to abstain from doing, permit, connive or conceal the implementation of the provisions of this Act, A person who volunteers information in relation to the contravention of any provision of this Act, shall be offered protection, in accordance with the Whistleblowers Protection Act .
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Miscellaneous - Making false or misleading statements
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Prohibits any person from making or omitting statements to an authorised officer or the Committee that are false or misleading in a material particular; penalties include a fine of not less than one thousand currency points or, for a corporate convicted person, suspension of its trading licence for not less than six months.

Section Making false or misleading statements Section Any person who— Where a person convicted under this section is a corporate entity the court may, in addition to the penalty stipulated— makes a statement to an authorised officer or to the Committee that is false or misleading in a material particular; or omits from a statement made to an authorised officer or to the Committee any matter or thing without which the statement is misleading in a material particular, impose a fine of not less than one thousand currency points; or suspend the trading licence of that entity for a period of not less than six months.
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Miscellaneous - Manufacturer, importer, supplier and distributor to report to Committee
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Manufacturers, importers, suppliers and distributors of tobacco products must periodically provide reports to the Committee or upon request; the secretariat must maintain and make report information accessible to the public while protecting certain information.

Section Manufacturer, importer, supplier and distributor to report to Committee Section A manufacturer , importer , supplier or distributor of tobacco or a tobacco product shall periodically provide reports to the Committee or upon request, with the contents specified in Schedule 6 to this Act. A report made under subsection (1) or under any other provision of this Act shall contain the information required by the prescribed regulations. The information required under this section shall be made available to the public, as may be prescribed by regulations. The secretariat to the Committee shall maintain the reports in accordance with the relevant laws and shall make the information from the reports readily accessible to the public, in a timely manner, while taking reasonable action necessary to prevent disclosure of any information that may be protected by law and any information that may be misleading or that may promote the tobacco business.
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Miscellaneous - General penalty
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Anyone who commits an offence under this Act for which no penalty is provided is liable to a fine not exceeding twenty-four currency points or to imprisonment for a term not exceeding six months.

Section General penalty Section Any person who commits an offence under this Act for which no penalty is provided shall be liable to a fine not exceeding twenty-four currency points or to imprisonment for a term not exceeding six months.
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Miscellaneous - Regulations
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The Minister must, in consultation with the Committee and by statutory instrument, make regulations covering manufacture, packaging and labelling, importation, distribution and sale of tobacco products; testing and measuring methods for reports; prescribing or prohibiting items required by the Act; and implementation of the Act's provisions.

Section Regulations Section The Minister shall, in consultation with the Committee , by statutory instrument, make regulations— for the manufacture, packaging and labelling, importation, distribution and sale of tobacco products and the reporting requirements for the manufacturers and sellers; for tobacco product testing and measuring methods that shall be used for the required reports on product constituents and emissions and in relation to any product standards that may be prescribed; prescribing or prohibiting anything required to be prescribed or prohibited by this Act; and for the implementation of the provisions of this Act.
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Miscellaneous - Power to amend Schedules
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The Minister may amend Schedule 1 by statutory instrument with Cabinet approval, and may amend Schedules 2–6 by statutory instrument with Parliament's approval.

Section Power to amend Schedules Section The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act. The Minister may, by statutory instrument and with the approval of Parliament, amend Schedules 2, 3, 4, 5 and 6 to this Act.
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Miscellaneous - Protection from retaliation and discrimination
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The Government, businesses, entities or persons must not retaliate against or discriminate against employees, applicants, contractors or other persons who report violations or participate in investigations or proceedings under this Act or other law.

Section Protection from retaliation and discrimination Section It shall be unlawful for the Government , a business or an entity or a person to retaliate or discriminate against an employee, applicant, contractor, or a person where that person— made a complaint, reported, disclosed or opposed any conduct, activity or practice that could reasonably be construed to be a violation of a provision of this Act, regulations made under this Act or policies; or brought a legal action, testified in any proceeding or hearing, or assisted or participated in any way in any investigation brought pursuant to this Act or any other applicable law.
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Miscellaneous - Relation between Act and other laws
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Laws existing immediately before this Act relating to tobacco or tobacco products remain in force but are subject to modifications necessary to give effect to this Act; where they conflict with this Act, this Act prevails.

Section Relation between Act and other laws Section Any law existing immediately before the coming into force of this Act relating to tobacco or tobacco products shall have effect subject to such modifications as may be necessary to give effect to this Act; and where any such law conflicts with this Act, the provisions of this Act shall prevail.
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Miscellaneous - Charges by Government
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Notices displayed under this Act shall not attract any charges by Government.

Section Charges by Government Section All notices displayed by the operation of the provisions of this Act shall not attract any charges by Government .

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