March 2023
Amendments to the Tobacco Hazards Prevention Act of Taiwan
March 2023
Teresa Huang and Hannah Kuo
The Amendments to the Tobacco Hazards Prevention Act cleared through three readings at the Legislative Yuan on January 12, 2023, were promulgated by the President on February 15, 2023. Except for some provisions that give a grace period, most provisions of the Amendments have come into effect on March 22, 2023. The Amendments primarily aim to address emerging tobacco products. Taiwan will now completely ban electronic cigarettes and regulate heated tobacco products. The Amendments are highlighted below:
1. A comprehensive ban on all kinds of quasi-tobacco products including electronic cigarettes
The new law defines "quasi-tobacco products" and prohibits the use, manufacture, import, sale, supply, display, or advertising of all quasi-tobacco products, including electronic cigarettes and their components. Tobacco manufacturers or importers that violate relevant requirements will be fined up to N$50 million, and up to NT$2 million may be imposed on advertising or media operators, and up to NT$1 million on other individuals or operators.
2. Inclusion of heated tobacco products in the regulation through a designated tobacco health risk assessment review mechanism:
To address the administrative needs of new types of tobacco products such as heated tobacco products, the new law authorizes the competent authority to announce tobacco products that meet the definition of "tobacco products" under the new law as designated tobacco products regardless of whether they are new types of product or have been marketed as long as their health risks are unknown or any specific potential health risks are found. Such designated products require a health risk assessment review so that they may be manufactured, imported, or sold after passing the review. The Ministry of Health and Welfare (hereinafter, the "MOHW") has already pre-announced that "heated tobacco products" will be designated tobacco products.
3. Increase of the size of health warning texts and images on tobacco containers from 35% to 50%
The new law requires that the size of the warning texts and images on tobacco containers that indicate smoking is harmful to health is increased from the current requirement that such texts and images should cover at least 35% of the container's front and back surfaces area to no less than 50%.
4. Prohibition against flavored cigarettes
The new law stipulates that tobacco products may not use additives that the competent authority has publicly announced as prohibited to prevent children and adolescents from exposure to tobacco products out of curiosity.
5. Increase of the legal smoking age to 20
The new law increases the legal smoking age from the current 18 to 20. No one is allowed to supply tobacco products or necessary components of designated tobacco products to those under the age of 20. When it is difficult to verify the age of the consumers, tobacco vendors should ask for a document sufficient to prove the age of the consumers. If a customer refuses, the vendor shall not sell tobacco products.
6. Expansion of non-smoking areas
The new law extends the across-the-board ban on smoking to universities, kindergartens, childcare centers, and home-based childcare facilities. Smoking is prohibited in hotels, shopping malls, restaurants, bars, nightclubs, or other indoor premises for public consumption, except in designated smoking areas in such premises that are enclosed and equipped with independent air conditioning and partitions.
In line with the amendments to the Tobacco Hazards Prevention Act, the MOHW also amended relevant sub-laws as the competent authority and has currently pre-announced the draft amendments to the Regulations Governing the Labeling and Display in Premises Selling Tobacco Products, Regulations Governing Reporting of Tobacco Product Information, the Regulations for the Testing of Yields of Nicotine and Tar Contained in Tobacco Products and the Labeling of Cigarette Containers, the Enforcement Rules of the Tobacco Hazards Prevention Act, the Regulations for the Health Risk Assessment and Examination of Designated Tobacco Products, the "designated tobacco products other than cigarettes, cut tobacco, cigars, nasal snuff, and chewing tobacco which are made of the raw materials specified in Article 3, Paragraph 1, Subparagraph 1 of the Tobacco Hazards Prevention Act without changing the physical properties and state of the raw materials require an application to the central competent authority for health risk assessment review and shall not be manufactured or imported until the application is approved", the Regulations for Establishment of Indoor Smoking Rooms, the Regulation for the implementation of Smoking Cessation Education, the Regulations for Subsiding and Rewarding Smoking Cessation Service, and the ruling under which "tobacco products are prohibited from using floral, fruity, chocolate and mint flavored additives".
Teresa Huang and Hannah Kuo
The Amendments to the Tobacco Hazards Prevention Act cleared through three readings at the Legislative Yuan on January 12, 2023, were promulgated by the President on February 15, 2023. Except for some provisions that give a grace period, most provisions of the Amendments have come into effect on March 22, 2023. The Amendments primarily aim to address emerging tobacco products. Taiwan will now completely ban electronic cigarettes and regulate heated tobacco products. The Amendments are highlighted below:
1. A comprehensive ban on all kinds of quasi-tobacco products including electronic cigarettes
The new law defines "quasi-tobacco products" and prohibits the use, manufacture, import, sale, supply, display, or advertising of all quasi-tobacco products, including electronic cigarettes and their components. Tobacco manufacturers or importers that violate relevant requirements will be fined up to N$50 million, and up to NT$2 million may be imposed on advertising or media operators, and up to NT$1 million on other individuals or operators.
2. Inclusion of heated tobacco products in the regulation through a designated tobacco health risk assessment review mechanism:
To address the administrative needs of new types of tobacco products such as heated tobacco products, the new law authorizes the competent authority to announce tobacco products that meet the definition of "tobacco products" under the new law as designated tobacco products regardless of whether they are new types of product or have been marketed as long as their health risks are unknown or any specific potential health risks are found. Such designated products require a health risk assessment review so that they may be manufactured, imported, or sold after passing the review. The Ministry of Health and Welfare (hereinafter, the "MOHW") has already pre-announced that "heated tobacco products" will be designated tobacco products.
3. Increase of the size of health warning texts and images on tobacco containers from 35% to 50%
The new law requires that the size of the warning texts and images on tobacco containers that indicate smoking is harmful to health is increased from the current requirement that such texts and images should cover at least 35% of the container's front and back surfaces area to no less than 50%.
4. Prohibition against flavored cigarettes
The new law stipulates that tobacco products may not use additives that the competent authority has publicly announced as prohibited to prevent children and adolescents from exposure to tobacco products out of curiosity.
5. Increase of the legal smoking age to 20
The new law increases the legal smoking age from the current 18 to 20. No one is allowed to supply tobacco products or necessary components of designated tobacco products to those under the age of 20. When it is difficult to verify the age of the consumers, tobacco vendors should ask for a document sufficient to prove the age of the consumers. If a customer refuses, the vendor shall not sell tobacco products.
6. Expansion of non-smoking areas
The new law extends the across-the-board ban on smoking to universities, kindergartens, childcare centers, and home-based childcare facilities. Smoking is prohibited in hotels, shopping malls, restaurants, bars, nightclubs, or other indoor premises for public consumption, except in designated smoking areas in such premises that are enclosed and equipped with independent air conditioning and partitions.
In line with the amendments to the Tobacco Hazards Prevention Act, the MOHW also amended relevant sub-laws as the competent authority and has currently pre-announced the draft amendments to the Regulations Governing the Labeling and Display in Premises Selling Tobacco Products, Regulations Governing Reporting of Tobacco Product Information, the Regulations for the Testing of Yields of Nicotine and Tar Contained in Tobacco Products and the Labeling of Cigarette Containers, the Enforcement Rules of the Tobacco Hazards Prevention Act, the Regulations for the Health Risk Assessment and Examination of Designated Tobacco Products, the "designated tobacco products other than cigarettes, cut tobacco, cigars, nasal snuff, and chewing tobacco which are made of the raw materials specified in Article 3, Paragraph 1, Subparagraph 1 of the Tobacco Hazards Prevention Act without changing the physical properties and state of the raw materials require an application to the central competent authority for health risk assessment review and shall not be manufactured or imported until the application is approved", the Regulations for Establishment of Indoor Smoking Rooms, the Regulation for the implementation of Smoking Cessation Education, the Regulations for Subsiding and Rewarding Smoking Cessation Service, and the ruling under which "tobacco products are prohibited from using floral, fruity, chocolate and mint flavored additives".
