The Tobacco Products (Regulation) Act

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CHAPTER 121
THE TOBACCO PRODUCTS (REGULATION) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
POLICY OBJECTIVE
3. Policy objective.
part iii
MANUFACTURE, IMPORTATION, ACCESS TO
AND SALE OF TOBACCO PRODUCTS
4. Standard of tobacco products.
5. Information required from manufacturer.
6. Labeling.
7. Prohibition of certain conducts relating to tobacco products.
8. Posting signs by retailer seller.
9. Self service dispensing machine.
10. Mailing of tobacco products.
11. Restricted places of sale.
part iv
RESTRICTION ON THE USE OF TOBACCO
PRODUCTS IN CERTAIN PLACES
12. Prohibition of smoking in public places.
13. Smoking allowed in certain areas in public places.
14. Smoking allowed in certain entities.
15. Consultations.
16. Obligation of employer.
17. Restriction on promotion of tobacco products in certain situation.

ing allowed in certain entities.
15. Consultations.
16. Obligation of employer.
17. Restriction on promotion of tobacco products in certain situation.

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THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E. 2023]
part v
INSPECTION, ANALYSIS AND ENFORCEMENT
18. Appointment or designation of inspectors or analysts.
19. Powers of inspector.
20. Orders by inspector.
21. Appeals.
22. Powers of analyst.
23. Entry of dwelling place.
24. False or misleading statements to inspector or analyst.
25. Forfeiture and disposal.
part vi
ADVERTISEMENT AND PROMOTIONS
26. Prohibition of promotion and advertisement.
27. False promotion.
28. Sponsorship.
29. Seller of tobacco product.
30. Promotion information to be sent to Minister.
part vii
ADMINISTRATION
31. Tobacco Products (Regulation) Committee.
32. Regulations.
part viii
OFFENCES AND PENALTIES
33. Offences against Part III and IV.
34. Subsequent offences.
35. Offences by entity.
36. Additional penalty.
37. General penalty.
SCHEDULE

PENALTIES
33. Offences against Part III and IV.
34. Subsequent offences.
35. Offences by entity.
36. Additional penalty.
37. General penalty.
SCHEDULE

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CHAPTER 121
THE TOBACCO PRODUCTS (REGULATION) ACT
An Act to regulate the manufacture, labelling, distribution, sale, use,
promotion of tobacco products, smoking in specified areas and matters
connected thereto. [1st July 2003]
[GN. No. 159 of 2003]
Act No. 2 of 2003
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Tobacco Products (Regulation)
Act. 2.

July 2003]
[GN. No. 159 of 2003]
Act No. 2 of 2003
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Tobacco Products (Regulation)
Act. 2.

In this Act, unless the context otherwise requires-
“Act” means the Tobacco Products (Regulation) Act;
“analyst” means a person designated as such by the Minister
pursuant to this Act;
“accessory” means a product that may be used in the
consumption of a tobacco product, including a pipe,
cigarette holder, cigarclip, ashtray, carrier bag, lighter
and matches;
“advertisement” means a writing or any still or moving
picture, sign, symbol or other visual image or message
or audible message, or a combination of two or more of
them, that gives publicity to, or otherwise promotes or is
intended to promote tobacco, tobacco product or tobacco
related brand element;
“brand element” includes a brand name, trademark, trade
name, distinguishing guise, logo, graphic arrangement,
design, slogan, symbol, moto, selling message, recognisable
colour or patent of colours or any other indicia of product
Short title
Interpretation

nt,
design, slogan, symbol, moto, selling message, recognisable
colour or patent of colours or any other indicia of product
Short title
Interpretation

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THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E.

hts reserved. No part of this book may be reproduced or distributed without permission of OAG.254
THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E.

2023]
identification, identical or similar to, or identifiable with
those used for any brand or tobacco is produced as a
result of a tobacco product being lighted;
“Committee” means the Tobacco Products (Regulation)
Committee established under section 31;
“emission” means any substance or combination of substances
that is produced as a result of a tobacco products
being lighted;
“employee” includes a person whose services are contracted
for by an employer;
“employer” means a person who employs one or more
employees or who contracts for the service of one or
more persons;
“enclosed workplace” means an enclosed building or
structure in which an employee works;
“entity” includes an individual, corporation, firm, partnership,
association, society, trust or other organisation whether
incorporated or not;
“furnish” means to sell, lend, assign, give or send with or
without consideration:
“inspector” means a person appointed as an inspector under
section 18;
“manufacture” includes the packing, labelling, processing,
distribution and importation of tobacco products;
“manufacturer” means any person or entity who
manufacturers or is associated with the manufacture of
tobacco products, including the packaging; “labelling,
processing, distribution and importation of tobacco
products, includes an entity which controls the
manufacture;
“Minister” means the Minister responsible for health;
“package” means a container, receptacle or wrapper in which
a tobacco product is sold;

ufacture;
“Minister” means the Minister responsible for health;
“package” means a container, receptacle or wrapper in which
a tobacco product is sold;

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THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E. 2023]
“promotion” means the practice of fostering awareness
of and positive attitudes towards a product, brand or
manufacturer for the purpose of selling the product
or encouraging tobacco use, through various means
including direct advertisement, discount, incentives,
rebates, free distribution, promotion of brand elements
through related events and products through a public
medium of communication; and
“tobacco product” means tobacco leaves, extract of tobacco,
leaves, cigarettes, cigars, cigarirus, hand rolling tobacco
and includes other smoking tobacco products such as,
pipe tobacco, fine tobacco and any chewing tobacco
which is manufactured whole or partly from tobacco or
any substance used as a substitute of tobacco. PART II
POLICY OBJECTIVE
3.

d any chewing tobacco
which is manufactured whole or partly from tobacco or
any substance used as a substitute of tobacco. PART II
POLICY OBJECTIVE
3.

The objective of this Act is to reduce tobacco use and its
consequent harm by-
(a) protecting persons under eighteen years and other
nonsmokers from inducements to use tobacco products;
(b) protecting nonsmokers from exposure to tobacco
smoke;
(c) ensuring that the population is adequately informed
about the risk of using tobacco products and exposure
to second hand tobacco smoke and about the benefits
available for quitting smoking;
(d) ensuring that tobacco products are modified to reduce
harm to such an extent as may be technologically and
practically possible; and
(e) promoting a climate that will lead to a smoking-free
atmosphere in all walks of life. Policy objective

chnologically and
practically possible; and
(e) promoting a climate that will lead to a smoking-free
atmosphere in all walks of life. Policy objective

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THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E. 2023]
PART III
MANUFACTURE, IMPORTATION, ACCESS TO
AND SALE OF TOBACCO PRODUCTS
4. A person shall not manufacture or import a tobacco product
that does not conform with the standards prescribed by the
Tanzania Bureau of Standards established by the Standards Act. 5. A manufacturer of a tobacco product shall provide to the
Minister information about the product and its emissions in
the manner and within the prescribed time. 6. A person shall not sell tobacco products unless the packet
containing it displays in the prescribed form and manner such
information as stipulated in the First Schedule to this Act. 7.–(1) A person under the age of eighteen shall not smoke or
furnish a tobacco product. (2) A person shall not furnish a tobacco product to any
person under the age of eighteen years in any place.

l not smoke or
furnish a tobacco product. (2) A person shall not furnish a tobacco product to any
person under the age of eighteen years in any place.

(3) It shall be a defence to a person charged pursuant to
subsection (2) to establish that he attempted to verify that the
person was at least above the age of eighteen by asking and
being shown evidence and that he believed on reasonable
ground that the evidence was authentic. (4) The provisions of subsections (1) and (2) in relation to
furnishing of tobacco products shall not apply to any person
under the age of eighteen who is working or associated to the
family farm, estate or shop. 8.–(1) A seller of tobacco products shall post in a conspicuous
place signs in the prescribed form and content, as may be
specified by the Minister being in Kiswahili and English that
inform the public that the sale or giving of a tobacco product
to a person under the age of eighteen is prohibited, unless the
seller is exempted by the regulations made under this Act from
the requirement to post the signs. Standard of
tobacco products
Cap. 130
Information
required from
manufacturer
Labeling
Prohibition of
certain conducts
relating to
tobacco products
Posting signs by
retailer seller

Cap. 130
Information
required from
manufacturer
Labeling
Prohibition of
certain conducts
relating to
tobacco products
Posting signs by
retailer seller

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THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E. 2023]
(2) A person who contravenes the provision of subsection
(1), commits an offence. 9. A person shall not, unless exempted by regulations made
under this Act, sell a tobacco product by means of a device that
dispenses tobacco products. 10. A person shall not cause a tobacco product to be sent by
mail unless the mailing is between manufacturers, retailers or
distributors who are exempted by the regulations made under
this Act. 11.–(1) A person shall not sale tobacco products-
(a) within the grounds or within the premises of a school
providing primary or secondary education;
(b) within the grounds or within a health care establishment
or a social services institution;
(c) within the grounds or within a child care centre; and
(d) in public places and other places specifically set aside
for persons under eighteen years. (2) The provision of paragraph (b) related to social services
institutions shall not apply to membership clubs and clubs
performing social functions or activities.

sion of paragraph (b) related to social services
institutions shall not apply to membership clubs and clubs
performing social functions or activities.

PART IV
RESTRICTION ON THE USE OF TABACCO
PRODUCTS IN CERTAIN PLACES
12.–(1) Subject to sections 11 and 14, a person shall not smoke
in a public place. (2) For the purposes of this Part, the term “public place”
means a health care establishment, library, place of worship,
enclosed premises intended for socio-cultural meetings,
sporting or recreational activities, public eating places, office
buildings, public transport on air, land or sea, pavillion,
Self service
dispensing
machine
Mailing of
tobacco products
Restricted places
of sale
Prohibition of
smoking in public
places

land or sea, pavillion,
Self service
dispensing
machine
Mailing of
tobacco products
Restricted places
of sale
Prohibition of
smoking in public
places

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THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E. 2023]
enclosed environment such as markets, malls and any other
enclosed place to which the public has admittance. (3) A person who owns, occupies or operates any public
place specified under subsection (2), shall set aside a room or
area specifically for smoking. 13.–(1) A person being in charge of higher educational
establishment, an office building, a hotel, bar or a restaurant,
and any other entertainment facility, shall set aside rooms for
smoking and non-smoking. (2) A room set aside for smoking shall be equipped with
ventilation system which allows smoke to be evacuated to the
outside of the building.

smoking. (2) A room set aside for smoking shall be equipped with
ventilation system which allows smoke to be evacuated to the
outside of the building.

14.–(1) The owner, occupier or operator of a public place or
business shall-
(a) identify rooms or areas where smoking is permitted;
(b) when setting aside rooms or areas for smoking he
shall ensure maximum protection is provided to non-
smokers;
(c) post a visible notice to persons using the place or
business showing areas or places where smoking
is permitted and areas or places where smoking is
prohibited; and
(d) put up in a conspicuous place legible “NO SMOKING”
and “HAIRUHUSIWI KUVUTA SIGARA” signs where
smoking is prohibited. (2) An employer may designate one or more locations in an
enclosed workplace as a smoking area. 15. An employer or owner of a public place or business shall
consult with the Committee before establishing a designated
smoking area. 16. An employer shall make every reasonable effort to ensure
that no person smokes in an enclosed workplace. Smoking allowed
in certain areas in
public places
Smoking allowed
in certain entities
Consultations
Obligation of
employer

s in an enclosed workplace. Smoking allowed
in certain areas in
public places
Smoking allowed
in certain entities
Consultations
Obligation of
employer

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THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E. 2023]
17.–(1) A person or entity shall not conduct any promotional
activities within-
(a) a health and social services institution;
(b) an association representing health and social
services institutions;
(c) a research entity or research centre linked to a health
and social services institution;
(d) educational establishment; and
(e) place of worship. (2) A person or entity shall not use a person under the age
of eighteen in any promotional activity or event sponsored by
tobacco industry. (3) A person or entity shall not advertise any tobacco
products unless the advertisement contains the health messages
stipulated under the First Schedule to this Act. (4) A person who in the course of his business offers
to a person under the age of eighteen free tobacco, tobacco
products or tobacco related brand element for purposes of
promoting the product, commits an offence.

n under the age of eighteen free tobacco, tobacco
products or tobacco related brand element for purposes of
promoting the product, commits an offence.

PART V
INSPECTION, ANALYSIS AND ENFORCEMENT
18.–(1) The Minister may appoint by notice published in the
Gazette any public officer or designate any body as an inspector
or analyst for the purposes of this Act and shall provide
the inspector and analyst with a certificate of appointment
or designation. (2) An inspector or an analyst entering an enclosed
workplace or any other place, shall, on request, show the
certificate referred to in subsection (1) to the person in charge
of the place. Restriction on
promotion of
tobacco products
in certain
situation
Appointment
or designation
of inspectors or
analysts

person in charge
of the place. Restriction on
promotion of
tobacco products
in certain
situation
Appointment
or designation
of inspectors or
analysts

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THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E. 2023]
19.–(1) A person appointed to be an inspector may at any
reasonable time, enter an enclosed workplace or any other place
in which the inspector believes on reasonable grounds that-
(a) tobacco product is manufactured, stored, labelled or
sold; or
(b) there is information relating to the manufacturing,
storage, packing, labelling or sale of tobacco product. (2) In carrying out inspection, an inspector may-
(a) require any person in the place to produce for
inspection, in the manner and form requested by the
inspector, the tobacco product;
(b) open or require any person in the place to open any
package found in the place that the inspector believes
on reasonable grounds contains the tobacco product;
(c) require any person found in the place to produce for
inspection or copying any information that is relevant
to the administration or enforcement of this Act; and
(d) seize forthwith anything believed on reasonable
grounds to have been used or to have given rise to an
offence under this Act.

ent of this Act; and
(d) seize forthwith anything believed on reasonable
grounds to have been used or to have given rise to an
offence under this Act.

(3) Subsection (1) shall only apply to a dwelling house if
subsection (2) of section 23 is complied with. 20.–(1) Where an inspector finds that an employer is not
complying with sections 11, 12, 15 or 16, the inspector may
order the employer or an occupier of a public place or of an
entity to carry out the order forthwith or within a period of
time as the inspector may specify. (2) An order made under subsection (1) shall indicate
generally the nature, and when appropriate, the location of the
non-compliance. 21. A person who is aggrieved by an order made by an inspector
may appeal to the Minister within thirty days from the date of
such order. Powers of
inspector
Orders by
inspector
Appeals

order made by an inspector
may appeal to the Minister within thirty days from the date of
such order. Powers of
inspector
Orders by
inspector
Appeals

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THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E. 2023]
22.–(1) Where any institution or body has been designated
to be analyst, such institution or body may, at any reasonable
time, enter any place-
(a) where tobacco product is stored, packed, labelled,
tested or sold;
(b) where anything used in the manufacture or testing of
tobacco product is to be found; and
(c) where information relating to the manufacture, storage,
packing, labelling, testing or sale of tobacco product is
to be found, and may-
(i) examine a tobacco product or thing found under
paragraph (b);
(ii) take or require any person in the place to produce
a sample of the tobacco product; and
(iii) conduct any test or analysis. (2) An analyst may issue a certificate or report setting out
the results of the analysis or examination of tobacco product
or thing done under this Act.

) An analyst may issue a certificate or report setting out
the results of the analysis or examination of tobacco product
or thing done under this Act.

(3) For the purposes of section 18 and this section, the
Tanzania Bureau of Standards is designated to be an analyst
and shall possess all powers and perform the functions and
exercise the powers necessary for the discharge of duties
conferred to an analyst under those sections. 23.–(1) Where an inspector suspects or has reasons to suspect
that tobacco product is being used in any dwelling place in
contravention of provisions of this Act, he may enter into such
dwelling place and conduct search with a view to remove any
of such product. (2) Notwithstanding the provision of subsection (1), an
inspector shall not enter a dwelling place except with the
consent of the occupant or under the authority of a search
warrant obtained from the court. (3) An inspector executing the search warrant shall not
use force unless the use of force is specifically authorised in
that warrant. Powers of analyst
Entry of dwelling
place

g the search warrant shall not
use force unless the use of force is specifically authorised in
that warrant. Powers of analyst
Entry of dwelling
place

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THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E. 2023]
24.–(1) A person shall not obstruct or hinder, or knowingly
make a false or misleading statement to, an inspector or an
analyst carrying out duties under this Act. (2) A person who contravenes the provision of subsection
(1), commits an offence and on conviction shall be liable to
a fine not exceeding five hundred thousand shillings or to
imprisonment for a term not exceeding three years or to both. 25. Where a person has been convicted of an offence under
this Act, any tobacco product or thing seized in respect of
which the offence was committed, shall be forfeited to the
Government and may be disposed of as the Minister directs. PART VI
ADVERTISEMENT AND PROMOTION
26.

he offence was committed, shall be forfeited to the
Government and may be disposed of as the Minister directs. PART VI
ADVERTISEMENT AND PROMOTION
26.

A person shall not-
(a) promote a tobacco product or a tobacco product related
brand element in any manner except as authorised by
this Act;
(b) promote a tobacco product by means of a testimonial
for, or an endorsement of, the tobacco product however
displayed or communicated;
(c) promote an accessory that displays a tobacco product
related brand element;
(d) promote a tobacco product if any of its brand element
is displayed on a non-tobacco product or is used with
a service, if the non-tobacco product or service is
associated with persons below the age of eighteen or
can, on reasonable grounds be capable of appealing to
persons under the age of eighteen;
(e) promote any tobacco product by means of publication
or any other communication that originate outside
Tanzania;
False or
misleading
statements to
inspector or
analyst
Forfeiture and
disposal
Prohibition of
promotion and
advertisement

originate outside
Tanzania;
False or
misleading
statements to
inspector or
analyst
Forfeiture and
disposal
Prohibition of
promotion and
advertisement

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THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E.

hts reserved. No part of this book may be reproduced or distributed without permission of OAG.263
THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E.

2023]
(f) disseminate by means of publication, broadcast or any
other communication that originates outside Tanzania,
a promotional material that contains a tobacco product
or a tobacco product related brand element in a way
that is contrary to the provisions of this Part;
(g) supply or distribute a tobacco product free of charge
or for promotional purposes of any kind except as
provided under this Act;
(h) offer samples to persons under the age of eighteen or to
a non-smoker;
(i) make direct or indirect payment or make contribution
intended for placement of advertisement of items
bearing tobacco brand name or tobacco brand element
within the body of any-
(i) motion picture;
(ii) television program;
(iii) theatrical production or other live performance;
(iv) live or recorded performance of music;
(v) commercial film or video;
(vi) video game; or
(vii) any similar median, which is intended for the
general public; or
(j) place an advertisement which suggest-
(i) sporting or athletic success;
(ii) professional success;
(iii) sexual success;
(iv) that most of the people are smokers;
(v) smoking brings success in life generally; or
(vi) anything of the above or contradicts the purposes
of this Act.

t most of the people are smokers;
(v) smoking brings success in life generally; or
(vi) anything of the above or contradicts the purposes
of this Act.

27. A person shall not promote a tobacco product by any
means including packaging that is likely to create an erroneous
impression about the characteristics, or health hazards of the
tobacco product or its emissions. False promotion

that is likely to create an erroneous
impression about the characteristics, or health hazards of the
tobacco product or its emissions. False promotion

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THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E. 2023]
28.–(1) Any direct or indirect sponsorship that is associated in
any manner with the promotion of a tobacco product, a brand
of tobacco product or a manufacture of tobacco products is
prohibited in relation to persons below the age of eighteen. (2) A person below the age of eighteen shall not be authorised
to bear tobacco product advertisements, logos or brand names
in any sports or any sponsored events or activities. (3) A person shall not offer any item, cloth or anything
offered for sale or free by or on behalf of any participant in any
sports promotional event to persons below the age of eighteen.

m, cloth or anything
offered for sale or free by or on behalf of any participant in any
sports promotional event to persons below the age of eighteen.

(4) Notwithstanding the provisions of this section, donations
for good cause with no promotional interest both to the donor
and to the donee may be made in relation to the following:
(a) a health and social services institution;
(b) an association representing health and social services
institution;
(c) a research entity or research center linked to a health
and social services institution;
(d) education establishment;
(e) a religious organisation; or
(f) any other institution or organisation. 29. A seller of tobacco product may-
(a) display a tobacco product;
(b) display an accessory that displays a tobacco product
related brand element; and
(c) post signs that indicate the availability of tobacco
product and its price. 30. A manufacturer of tobacco product shall provide to the
Minister, in the prescribed manner and within the prescribed
time, the information about any promotion undertaking that
is about to be done or which was done and to which certain
information have been requested for by the Minister. Sponsorship
Seller of tobacco
product
Promotion
information to be
sent to Minister

which certain
information have been requested for by the Minister. Sponsorship
Seller of tobacco
product
Promotion
information to be
sent to Minister

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THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E. 2023]
PART VII
ADMINISTRATION
31.–(1) There is hereby established a Tobacco Products
(Regulation) Committee which shall-
(a) advise the Minister on any matter that requires regulations
to be prescribed for under this Act;
(b) prepare and submit to the Minister guidelines for the
regular and progressive implementation of matters
relating to the manufacturing, sale, advertisements,
promotions and sponsorship of tobacco products; and
(c) advise the Minister on such other matters in connection
with the administration of this Act as may be referred
to the Committee by the Minister. (2) The provisions of the Second Schedule to this Act
shall have effect as to the composition and functions of the
Committee.

mmittee by the Minister. (2) The provisions of the Second Schedule to this Act
shall have effect as to the composition and functions of the
Committee.

(3) Where, in accordance with this Act, a matter is required
to be referred to the Committee for advice, the advice
submitted to the Minister shall be in a written form, and in the
event that the Minister dispose of the matter otherwise than
in accordance with the advice of the Committee, the Minister
shall, before disposing of the matter give reasons and furnish a
report to the Committee to that effect. (4) The Minister shall include in a report to be published
annually on the work of the Ministry a statement on the
matters which have been referred to the Committee. 32.–(1) The Minister may, make regulations after
consultation with the National Construction Council determining
standards concerning-
(a) the construction and ventilation system in rooms or
areas where smoking is permitted; and
(b) the notice referred to in section 14(1)(c). Tobacco Products
(Regulation)
Committee
Regulations

in rooms or
areas where smoking is permitted; and
(b) the notice referred to in section 14(1)(c). Tobacco Products
(Regulation)
Committee
Regulations

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THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E. 2023]
(2) The Minister may make regulations-
(a) prescribing signs that require to be posted under
section 8;
(b) determining cases, conditions and circumstances
in which places where smoking is permitted even if
prohibited under sections 11 and 12;
(c) prescribing signs and providing for their uses;
(d) prescribing the powers and duties of inspectors;
(e) prescribing the taking of samples;
(f) prescribing the use of tobacco product related brand
elements;
(g) prescribing the manner in which warning in a tobacco
product related brand element may appear on an
accessory; and
(h) prescribing the display of tobacco products and
accessories at retail and wholesale. (3) Without prejudice to the generality of subsections (1)
and (2), prior to the coming into operation of such regulations,
the Minister shall issue notice and provide sufficient time
for compliance.

tions (1)
and (2), prior to the coming into operation of such regulations,
the Minister shall issue notice and provide sufficient time
for compliance.

PART VIII
OFFENCES AND PENALTIES
33.–(1) A person who contravenes the provisions of section 4,
5, or 6 commits an offence and on conviction, shall be liable to
a fine of not less than five million shillings but not exceeding
twenty million shillings or to imprisonment for a term not
exceeding three years or to both. (2) A person who contravenes the provisions of Part III of
this Act, commits an offence and on conviction, shall be liable
to a fine not exceeding two million shillings or to imprisonment
for a term not exceeding two years. Offences against
Part III and IV

shall be liable
to a fine not exceeding two million shillings or to imprisonment
for a term not exceeding two years. Offences against
Part III and IV

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THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E. 2023]
(3) A person who contravenes the provisions of Part IV of
this Act, commits an offence and on conviction shall be liable
to a fine not exceeding five hundred thousand shillings or to
imprisonment for a term not exceeding one year. 34. A person who commits or continue an offence under this
Act on more than one day shall be liable to be convicted for a
separate offence for each day on which the offence is committed
or continues. 35. Where an entity commits an offence under this Act, any
director or officer of the entity who authorised that action or
omission shall be liable on conviction to the penalty provided
for under this Act. 36.

director or officer of the entity who authorised that action or
omission shall be liable on conviction to the penalty provided
for under this Act. 36.

Where a person commits an offence under this Act, the
court may, having regard to the nature of the offence and the
circumstances surrounding its commission, make an order
having any or all of the following effects:
(a) prohibiting the offender from engaging in any activity
that is likely to result in the continuation or repetition
of the offence; or
(b) prohibiting the offender from selling or manufacturing
tobacco or tobacco products for a period of not more
than one year in the case of a subsequent offence under
this Act. 37. A person who contravenes the provisions of this Act
commits an offence and on conviction, shall be liable to a
fine not exceeding two hundred thousand shillings or to
imprisonment for a term not exceeding twelve months or
to both. Subsequent
offences
Offences by entity
Additional
penalty
General penalty

llings or to
imprisonment for a term not exceeding twelve months or
to both. Subsequent
offences
Offences by entity
Additional
penalty
General penalty

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.268
THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E. 2023]
FIRST SCHEDULE
(Made under section 6)
HEALTH MESSAGES TO BE DISPLAYED ON CIGARETTES
OR TOBACCO PRODUCT PACKAGES
1. Any of the following health messages shall be displayed in Kiswahili
and English on every packet of cigarettes or tobacco product, sign or
advertisement for smoke and smokeless products as the case may be, as
provided hereunder-
(a) smoking harms people next to you;
(b) cigarette smoking kills;
(c) tobacco use kills;
(d) cigarette smoking may cause cancer;
(e) tobacco use may cause cancer;
(f) cigarette smoking causes lung disease;
(g) tobacco use causes lung disease;
(h) cigaratte smoking is dangerous to your health;
(i) tobacco seriously damages health; and
(j) smoking causes heart and fatal diseases. 2. The Minister may, after consultation with the Tobacco Products
(Regulation) Committee, vary or change the format, type, size and text
of any of the health messages.

ay, after consultation with the Tobacco Products
(Regulation) Committee, vary or change the format, type, size and text
of any of the health messages.

SECOND SCHEDULE
(Made under section 31(2))
COMPOSITION AND FUNCTIONS OF THE TOBACCO
PRODUCTS (REGULATION) COMMITTEE
1.–(1) The Committee shall consist of-
(a) the Director of Preventive Services or his representative;
(b) the Head of the Health Education Unit or his representative;
(c) a legally qualified person nominated by the Attorney General;
(d) a representative of the Ministry of Industries and Trade;
(e) a representative of the Ministry of Finance and Planning;
(f) a representative of the Tanzania Bureau of Standards;
(g) a representative of the Tanzania Chamber of Commerce,
Industry and Agriculture (TCCIA);
(h) a representative of the Department responsible for
information;
(i) a representative of the Ministry responsible for agriculture
and food security; and
Composition of
Committee

partment responsible for
information;
(i) a representative of the Ministry responsible for agriculture
and food security; and
Composition of
Committee

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.269
THE TOBACCO PRODUCTS (REGULATION) ACT [CAP. 121 R.E. 2023]
(j) a representative from the private sector who is conversant
and active in tobacco regulation matters appointed by the
Minister.
(2) The Minister shall appoint one of the members of the Committee
to be the Chairman.
(3) In the absence of the Chairman, the members shall elect one of
the members to be the Vice Chairman.
(4) The term of office for the Committee shall be four years, but the
members may be eligible for reappointment.
2.–(1) The Committee shall meet four times in a year to carry out it’s
functions at such times and places as the Chairman or in his absence,
the Vice Chairman, directs.
(2) At a meeting of the Committee-
(a) the Chairman, or in his absence the Vice Chairman and five
other members shall form a quorum;
(b) all matters arising shall be decided by a majority of votes; and
(c) the Chairman, or in his absence, the Vice Chairman, shall
have a deliberative vote, and, in the event of an equality of
votes, a casting vote.
Meeting and
Quorum

n, or in his absence, the Vice Chairman, shall
have a deliberative vote, and, in the event of an equality of
votes, a casting vote.
Meeting and
Quorum

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.