Law No. (20) Of the Year 2002 On the Control of Tobacco and its Derivatives
We Jassim Bin Hamad Al Thani,
Deputy Emir of the State of Qatar, based on the amended provisional Constitution, particularly Articles (22), (23), (24) and (51) thereof; and Qatar penal code issued by the Law No. (14) of the year 1971, and its amendment laws. Qatar Penal Code issued by the Law No. (14) of 1971, and its amendment laws; and The Criminal Procedures Law issued by the Law No. (15) of 1971 and is amending laws; and The Law No. (3) of 1975 on the similar Commercial, Industrial and Public Establishments and its amending laws; and The Law No. (4) of 1980 on the Organization and Control of Placing Advertisements, and its amending laws; andThe Law No (5) of 1989 on the State’s General Budget; and The Law No. (4) of 1990 on the Specifications and Metrology System, amended by The Law No. (2) of 1992; and The Law No. (1) of 1992 on the Specifications to be Applied for Certain Cigarettes and Cigarette Packs, as amended by the Decree No. (26) of 1995; and The Law No. (10) of 1993 on the Organization of the Ministry of Public Health and assigning its functions; and The Law No. (3) of 1996 on the Prohibition of Smoking in the Ministry of Public Health and its Affiliate Institutions and Facilities; and The Decree No. (14) of 1999 on the Increase of Customs’ Duties on Tobacco and its Derivatives; and Resolutions of the Council of Ministers No. (1) of 1986 and No. (4) of 1989 on the Specifications to be Applied for Certain Commodities and Materials, and their amendments; and on the suggestion of the Minister of Health; and The Draft Law submitted by the Council of Ministers; and after consultation of the Advisory Council; issued the following law:
Article (1)
In the application of provisions of this Law, the following words and expressions shall have the meanings assigned thereto hereunder, unless the context
requires otherwise:
1. The Ministry: Ministry of Health
2. The Minister: Minister of Health
3. Tobacco: All kinds, categories and parts of tobacco plants, including the roots, stems, leaves, fruits and seeds thereof, whether fresh or dried
4. Tobacco Derivatives: Tobacco leaves whether whole, cut or minced, whether natural, mixed with other substances or in any other form, including any compound substance wherein tobacco is used
5. Smoking: burning of tobacco or its derivatives with the intent of emitting smoke and inhaling that smoke same in any way or means
6. Publicity, promotion and advertisement: Presentation of the tobacco plant and its different derivatives, using of means aiming to encourage trading therein and seeking to increase the number of tobacco users, in any forms, through publication, broadcasting through all audio – visual and printed media, whether directly or indirectly
7. Means of Public Transport: Means of transport provided for public use, such as taxis, buses, airplanes, ships and boats allocated for passengers etc.
Article (2)
Cultivation or processing of tobacco or its derivatives is prohibited in Qatar, through preparation, mixing with other substances or packing in any form and for any purpose, such as sale or resale. It is also prohibited to import or to use any automatic machine for vending of cigarette.
Article (3)
Persons dealing in tobacco and its derivatives by way of the import, sale, or display or possession with intention of sale, shall observe the specifications and conditions provided for in this law.
Article (4)
Each importers of tobacco or its derivatives or any type of cigarettes shall inform the Ministry, in writing, within a minimum of one week before the arrival of the shipment to the country, in order to inspect it and confirm that meets the approved standard specifications. No shipment of tobacco or its derivatives or cigarettes shall be allowed in the country unless a written approval is issued by the Ministry indicating that the shipment meets the approved standard specifications.
Article (5)
The Council of Ministers, and upon the recommendation of the Minister, shall issue a resolution specifying the maximum quantities of tar and nicotine in a cigarette, provided that they shall not exceed.
1. (10) mg tar
2. (0.6) mg nicotine
Article (6)
Without prejudice to the approved standard specifications, in any pack of tobacco or its derivatives or cigarettes shall bear a label conspicuously showing the following particulars:
1. Date of production and expiry by month and year
2.The following warning statement. “Smoking is a main cause of cancer of lungs and of heart and arteries diseases”
The above warning shall be printed in the following manner:
(a)The warning statement shall be preceded by the words “HEALTH WARNING”.
(b)The warning statement font size shall not be smaller than a quarter of the size of the trade mark title on the cigarette pack or tobacco product.
(c)The warning statement font color shall be in the same color of the trade mark title.
(d)The warning statement shall be written on both sides of the pack.
3. Each cigarette pack shall show the content of tar and nicotine in each cigarette.
Article (7)
1. It is prohibited to sell or display any quantity of tobacco or its derivatives after the elapse of one year from its production date.
2. It is prohibited to sell tobacco or its derivatives, in any form to any person under 18 Gregorian years; and the seller’s ignorance of the buyer’s age at the time of sale shall not be an excuse; and the seller is required to take all precautionary measures to make sure of the buyer’s age.
Article (8)
It prohibited to advertise in Qatar for cigarettes, tobacco or its derivatives with the intention of promotion and encouragement of smoking in all places and by any means of advertising.
Article (9)
Shops selling or displaying cigarettes, tobacco or its derivatives for sale shall place a clear notice in a conspicuous place inside the shop bearing the warning statement mentioned in Para (2) of Article (6) of this law.
Article (10)
Smoking is prohibited in the following enclosed public areas:
- Means of public transport.
- Schools, educational and training centers, universities, hospitals, health centers and other educational and institutions and health facilities.
- Ministries and other government bodies, organizations, public corporations, sports clubs, societies’ centers and public places, lifts, cinemas and theaters.
- Industrial establishments and commercial centers.
- Restaurants and other places which sell food or drinks to the public.
The Minister of Health may, subject to the approval of the council of ministers, add other places wherein smoking may be prohibited. As an exception from the foregoing prohibition, entirely closed places may be allocated for smoking in the areas designated in paragraphs (1), (2), (3) (4) of this Article. In restaurants and other places designated in paragraph (5), areas allocated for the smokers may not be entirely closed.
Article (11)
No cigarettes, tobacco or any of their derivatives shall be sold within a distance of less than 500 meters from schools and other educational or training institutions.
Article (12)
An amount equal to two per cent of revenue accruing from customs duties on tobacco and its derivatives shall be allocated and added to the Ministry’s budget to be spent on health awareness and control of smoking by all means.
Article (13)
1. A person who smokes a cigarette, tobacco or its derivates, or allows smoking in places where smoking is prohibited, shall be punished by paying a fine not less than two hundred Riyals and not exceeding five hundred Riyals. These offences may be compounded, and the criminal prosecution shall abate upon such compounding. A person who violates any other provision of this law, regulations or resolutions executing the same, shall be liable to punishment with imprisonment not to exceed six months and a fine not to exceed five thousand Riyals, or by either punishment.
2. In all cases, the court may decree the confiscation of the goods subjected of violation, or direct their re-exporting or destruction at the expense of the offender, and it may decree the closure of the violating shops for a minimum period of one month, and not to exceed three months.
3. In case of recurrence, the punishment shall be doubled in its minimum and maximum limits, and all offences described in this law shall be treated equally.
Article (14)
By a decision from the Minister, in coordination with other ministers and government bodies, organizations and public corporations, he may authorize some administrative staff and security officers nominated by their employers, the power of law enforcement officers to submit proofs of any offences committed in accordance with the provisions of this law. The Minister of Energy and Industry may authorize some staff members of Qatar Petroleum and its subsidiaries to submit proofs of the mentioned offences which may occur within the premises of such parties. Also, the Minister of Education may authorize any staff members of the Ministry the powers of law enforcement officers to submit proofs of any such offences committed in the Ministry and its schools. The law enforcement officers shall exercise any or all of the
1. Open and check any pack containing tobacco and its derivatives
2. Take samples for laboratory testing
3. Examine documents, records, prescriptions, ingredients and papers related to the substances subject of to the provisions of this law
4. Seize any violating substances and keep them as a precautionary measure
5. Seize smoking offences, and process compounding thereof; ،in which case the fine amount shall be reduced to one hundred Riyals;- and in case no compounding is accepted, the necessary legal action shall be taken
Article (15)
Laws No. (1) of 1992 and No. (3) of 1996 referred to above are hereby repealed, and any provisions in conflict with the provisions of this law shall be void if this law shall be void.
Article (16)
The Minister shall issue the necessary regulations and resolutions to implement the provisions of this law. Until then, the current regulations and resolutions concerning tobacco and its derivatives and the prohibition of smoking shall remain valid, in so far as they are are not in conflict with the provisions of this law. the previsions of this law.
Article (17)
All competent parties, each in its own jurisdiction, shall execute this law, and it shall be published in the official gazette.
Jassim Bin Hamad AL Thani
Deputy Emir of the State of Qatar
Issued in the Emiri Dwain on 18 – 05 – 1423 A.H
Corresp. To 28 – 07 – 2002 A.D
