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1GOOD MORNING

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CONTROL OF TOBACCO PRODUCTS(Prohibiton of advertisement and regulation of trade and commerce,production,supply and distribution)Act,2003 [COTPA] May 18th 2003

SUBMITTED BY, MANJARI RESHIKESHIV BDS PART 1DEPARTMENT OF PUBLIC HEALTH DENTISTRY

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3CONTENTS♥INTRODUCTION♥AIMS OF THE ACT♥SECTIONS OF THE ACT

2003♥NEW AMENDMENTS IN

THE ACT♥COTPA IN KERALA♥WORLD NO TOBACCO

DAY♥CONCLUSION♥REFERENCES

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4INTRODUCTION An act to prohibit the advertisement of, and to provide for the regulation of trade and commerce in , production ,supply ,and distribution of, cigarettes and other tobacco products and for matters connected there with or incidental there to

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5 AIMS To Protect children and youngpeople

from being addicted to the use of tobacco

► To protect non smokers, and other risk groups such as pregnant women and children from involuntary exposure

To Discourage use of the tobacco To Impose progressive restrictions

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6To Take concerned actions to

eliminate all direct and indirect promotion and sponsorship concerning tobacco

To enact comprehensive law to protect public health

To prohibit the advertisement ,regulate trade and commerce

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7In the 54th year of Republic of INDIA,to be enacted by the parliament as follows:1.Extends to whole

india2.It is expedient that

union should take its control the tobacco industry

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83. DEFINITION: In this act, unless the context otherwise require,

1. Advertisement 6.Import2. Cigarette

7.Indianlanguage3. Distribution 8.Label4. Export

9.Package5. Foreign language

10.Production

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911.Public places-any place public hav access12.Sale13.Smoking14.Specified warning15.Tobacco preproducts- chewing tobacco ,snuff, panmasala, cigarettes, cigars,beedis,cheeroots,tooth powder containing tobacco

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104. NO PERSON SHALL

SMOKE IN ANY PUBLIC PLACE

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If hotel have 30 rooms or restaurant having 30 seats or more and in airports, a separate area for smoking may be made (smoke shudnt circulate to nonsmokers areas)

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Does not include open space

Display of prominent no smoking signs is mandatory at pubic spaces

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5. Prohibition of advertisement, Promotion and sponsorship of all tobacco products

(a)No person person shall take part in advertisements that directly or indirectly promotes use of cigarettes or tobacco products

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b)No person should display, cause to display or authorize display of any such advertisement

(c)Sell or permit to sell a film /video tape

(d)Distribute any such leaflet or document(e)should not exhibit, fix or retain

upon bulding,vehicles etc 14

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15•Sub section (which allows advertisement)

i.advertisement on tobacco packet ii. advertisement displayed at entrance of shops where tobacco sale is accepted

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6. Section No person shall sell,offer,or permit sale of cigarette or tobacco products (a) to person under 18 yrs seller should ensure that person buying is not minor A display board “sale of tobacco products to minors prohibited”

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(B) IN AN AREA WITHIN RADIUS OF 100 YARDS OF ANY EDUCATIONAL INSTITUTIONS A DISPLAY BOARD KEPT IN FRONT OF INSTITUTIONS DECLARING THE SAME

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7. Health warnings on tobacco packs•no person shall PRODUCE,SUPPLY,TRADE,IMPORT tobacco products without specific warning label.

• The warning shall apear on largest panels of package for valuable consideration

•Package should indicate the amount of nicotine and tar (must be within limit)

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19• False, misleading and deceptive information• • No tobacco product package or label shall

contain any information that is false, misleading, or deceptive,

• This prohibition includes the use of: words such as “light”, “ultra light”, “mild”, “ultra mild”, “low tar”, “slim” or similar words or descriptors; any graphics associated with it

• to cover, obscure, mask, the specified health warning.

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20 8. Specifications of health

warningIt should be legible,

graphic material or pictures in color contrast from background

It is packed in such a way that the warnings appear before the package is opened

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219.Language on the packEnglish and regional

If foreign,foreign language and english

Pack shouldn’t contain any matter which detracts from warning

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10. SIZE OF LETTERS AND FIGURES: No specified warnings of nicotine and tar acceptable if the height of letter or fig. is less than prescribed in the act

11.TESTING LABORATORY FOR TAR AND NICOTINE: For testing tar and nicotine contents, central govt shall grant recognition to such lab

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12. POWER OF ENTRY&SEARCH•ANY OFFICER NOT BELOW SI ,OFFICER OF

STATE FDA, ANY OTHER OFFICER WITH RANK NOT BELOW SI/AUTHORIZED BY CENTRAL GOVT

MAY ENTER AND SEARCH AT ANYTIME AT A PLACE IF ANY PROVISION OF ACT IS CONTRAVENED.

CODE OF CRIMINAL PROCEDURE SHALL APLLY TO EVERY SEARCH&SEIZURE

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13. POWER TO SEIZE• If any provisions of act

violated,an officer not less than SI can seize such package or advertisement

No package of cigarettes seized under subsection (a) should be retained for period extending 90 days from the date of seize without approval of district judge

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14. CONFISCATION OF PACK: any provision violated, pack confiscated

Confiscated for selling cigarette ,gutka, beedi near schools

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15.POWER TO GIVE OPTION TO PAY COSTS IN LIEU OF CONFISCATIONS: the court adjudging it may subject to condition such as payment of cost equal to cost of goods confiscated.

After payment,goods returned& specified warnings incorporated before any distribution

16. Confiscations not to interfere with punishments

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•18. GIVING OPPORTUNITY TO OWNER

•(1) NO ORDER ADJUDGING CONFISCATION SHALL BE MADE UNLESS THE OWNER HAS BEEN GIVEN A NOTICE WHY IT HAS BEEN CONFISCATED , AND GIVING OPPORTUNITY IN WRITING WITHIN SPECIFIC TIME

• IF NO NOTICE IS GIVEN WITHIN 90 DAYS FROM SEIZURE OF THE PACK OF CIGARETTES. SUCH PACKAGE RETURNED TO OWNER AFTER EXPIRY PERIOD

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19. APPEALANY PERSON, AGGRIEVED BY ANY DECISION OF THE COURT ADJUDGING ACONFISCATION, ORDERING THE PAYMENT OF COSTS, MAY PREFER AN APPEAL TO THE COURT TO WHICH AN APPEAL LIES FROM THE DECISION OF SUCH COURT.

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AMENDMENTSNotification of new rules on section 4: ban on smoking in public places 30th may 2008These rules cover coffee

house,pubs,clubs,bars,shopping malls,cinema halls,smoking lounge

Impose liability on the person incharge of a public place to ensure that place is smoke free

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• Give detailed technical specification of smoking area

• A list of authorized persons to act and compound offences relating to public smoking

• Boards containing: :NO smoking Area- Smoking Here is an Offence” displayed prominently at the entrance of public places

• These rules came into force on 2nd oct 2008

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AMENDMENT RULES FOR SECTION 5• Notified on 31st may 2005,further amended

in oct 2006• Ban on sale of tobacco through vending

machines• Ban on sale of tobacco products by MINORS• Restriction on size,content and no of point

sof sale of advertisements• Ban on visible stacking of tobacco products

to prevent easy access to minors• To prevent brand sharing ;indirect advertising

has been defined

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• Ban on display of tobacco products or their use in movies or television•Health warning to be placed as a prominent bottom scroll in cinema and tv programs• Ban on display of names or logos of tobacco brands during media coverage of events sponsored by tobacco manufacturers

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COTPA 2015 AMENDMENT BILL• Ban on sites advertising,and shops selling cigarettes will no longer able to display their names

• It proposed scraping off smoking areas from hotels,airports & making exception of international airports only

• The penalty for smoking in restricted areas- 200 to 1000/-

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• Tobacco products without warning,liable for imprisonment for upto 2 yrs or fine upto Rs.50,000

• Selling products without warning will incur fine of Rs.100000 or jail term of 1 year and subsequent offence will draw fine upto 25000

• Tobacco products in approved packaging only sold to those above 21 yrs

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• Proposes ban on spitting tobacco products causing TB, flu, H1N1• Extend the ban on sale of tobacco within 100 yards to 100m

• To set up a National Tobacco Control Organization (NTCO)

• Raise the taxes and prices of tobacco products

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Enforcement Agencies and mechanism Any police officer not below rank of SI

Any officer of State Food or Drug Administration

Any offcer holding equivalent rank not bleow SI

Any other official authorized by central /state govts

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•ACTIONS UNDERTAKEN AT STATE LEVEL(KERALA) FOR IMPLEMENTATION OF TOBACCO CONTROL LAWS

•Notify authorized officers for effective implementation of act in state or UT

•Establish dedicated STATE TOBACCO CONTROL CELLS

•Give wider publicity in print and media for the act

•Setting up monitoring committee/steering committee at state/district level

•Establish helpline /quitline for reporting violations of act

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• Display act &ruleson official website• Develop effective mechanisms for enforcement and monitoring

1. Reporting violations by general public or civil society

2. Conducting regular raids in public places

3. Ensuring warning boards aeduly installed

4. Ensuring removal of boardings of tobacco advertisements

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WORLD NO TOBACCO DAY♥ First introduced by WHO on 15th may 1987

which was “No Smoking Day” later 7th april 1989 as no tobacco day to be celebrated as a most recognized event all over the world to create awareness of all problems and health complications related to tobacco use.

♥To make world free of tobacco and with healthy people

MAY 31

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♦At first it was celebrated on 7th april in 1988 and later declared may 31st as world no tobacco day

♦Variety of organizations such as state govt,public health organizations organize awareness programmes locally

♦Variety of nicotine addiction quitting methods provided by health organizations to help ex users

2014- at Trivandrum oncology club Flashmob by pms

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HOW No Tobacco Day celebrated and activites performed?♥ organized on annual basis by member states,NGO, governmental organizations

♥Some of activities are public marches Demonstration programmes Big banners Advertising campigns through

educational and oral communication programmes

Public Art

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Health camps ralliesParadesImplementation of new

laws to restrict smoking

Not declared as a public holiday or official holiday

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Some special steps taken by WHO

WHO established event called Tobacco Free initiative[TFI] in 1988 to draw attention of people towards tobacco issues

WHO FCTC (Framework convention for tobacco control) is a public health treaty adopted globally in 2003 an agreement of implementing policies for tobacco cessation

Declared ban on tobacco advertisement,promotion of tobacco

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WORLD NO TOBACCO DAY THEMESFor effective celebration, WHO selects a special theme every year 1987- 1st smoke free Olympics 1988- tobacco or health; choose health 1989-women and tobacco-increased risk 1990-childhood and youth without tobacco;growing without

tobacco 1991-public places and transport tobacco free 1992-tobacco free workplaces 1993-Health services; our windows to tobacco free world 1994:Media and tobacco

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♥ 1995- tobacco costs more than you think

♥1996-sport and art without tobacco;play tobacco free

♥1997- “united for a tobacco free world”♥1998- “Growing up without tobacco”♥1999- “Leave the pack behind”♥2000- “tobacco kills,don’t be duped”♥2001- “second hand smoking kills”♥2002- “tobacco free sports”♥2003- “tobacco free film,tobacco free

fashion”♥2004- “Tobacco &poverty;a viscious

circle”♥2005- “health professionals against

tobacco”

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482006-Tobacco:deadly in any form or disguise2007-smoke free inside2008- tobacco free youth2009-tobacco health warnings2010-gender and tobacco2011-WHO FCTC2012- tobacco industry interference2013-ban tobacco

advertising,promotion,and sponsorship2014-Raise taxes on tobacco2015-Stop illicit trade of tobacco products

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WHO WORLD NO TOBACCO DAY THEME 2016•PLAIN PACKAGING• Generic standardized homogenous paking,that requires removal of all branding (colors,imagery,corporate logos),permitting manufacturers to print only brand name in mandated size,fontand place on pack,in addition to health warnings& toxic constituents.• appearance of pack is standardized including color of pack

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•ALL THE CIGARETTE PACKETS MANUFACTURED MUST BE PLAIN PACKS FROM MAY 2016 AND IT WILL BE ILLEGAL TO SELL NON PLAIN PACKS

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CONCLUSION• Tobacco use is leading cause of disability ,disease and death in the world. Tobacco is one thing which harms both the smoker and people around him. Despite knowing hazards of smoking, children and young adults are being addicted to this habit. • COTPA is a sincere effort of Indian government to control the hazards caused by the tobacco and to a certain limits it is known to have achieved success. 53

REFERENCES• Authority , Article No.34“The Gazette of India”,on 19th may 2003• Special correspondent, “Thrissur district witnesses rise in tobacco prohibition law violation”,THE HINDU,16th july,2014

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THANK YOU