THE GOVERNMENT REGULATION ON SECURITY OF CIGARETTES FOR HEALTH
In this Government Regulation the meaning of:
Security of cigarettes for health aims at preventing individuals and society from diseases arising from consumption of cigarettes by means of:
Security of cigarettes for health is executed by regulating:
(1) Everybody producing cigarettes must examine content of nicotine and tar in every produce.
(2) The content of nicotine and tar as meant in paragraph (1) is examined in accredited laboratories in accordance with the provisions of laws in force.
Any person who produces cigarettes are required to provide information on levels of nicotine and tar content of each cigarette that they produce.
(1) Everybody producing cigarettes must mention information on the content of nicotine and tar of every cigarette in a label with clear and easily readable placement.
(2) The information on the content of nicotine and tar as meant in paragraph (1) is placed in any of the small side of every package of cigarettes, given a box with out line one mm, contrast color of basic color to the writing, minimal size ofwriting 3 (three) mm so as to be easy to read.
In addition to the content of nicotine and tar as meant in Article 6, the package also must contain the following matters:
(1) The medical warning in every label must be in the form of a writing.
(2) The writing as meant in paragraph (1) is "smoking can cause cancer, heart attack, impotence and pregnancy and embryo disturbance".
(1) The writing of the medical warning as meant in Article 8 paragraph (2) is mentioned clearly in label in a part of package easy to see and read.
(2) The writing of the medical warning is mentioned in any of the wide side of every package of cigarettes, given box with out line one mm, contrast color of the basic color to writing, minimal size of writing 3 (three) mm so as to be easy to read.
Everybody producing cigarettes must have license in the industrial field.
(1) Everybody producing cigarettes is prohibited from using additive in production failing to meet the medical requirements.
(2) Further provisions on the additive as meant in paragraph (1) are stipulated by a decree of the Minister.
The minister in charge of agricultural affairs is obliged to mobilize, encourage and use sciences and technology for producing tobacco having the minimal risk of health.
The minister in charge of industrial affairs is obliged to mobilize, encourage and use sciences and technology in cigarette production for producing cigarettes having the minimal risk of health.
Cigarettes imported into the territory of Indonesia must meet the provisions as meant in Articles 4, 5, 6, 7, 8, 9 and 11.
(1) Cigarettes only can be sold by self-service machines in certain places.
(2) Further provisions on the certain places as meant in paragraph (1) are stipulated by regional governments.
(1) Cigarettes only can be advertises and promoted by everybody producing cigarettes and/or importing cigarettes into the territory of Indonesia.
(2) The advertisement as meant in paragraph (1) can be done in electronic media, printed media or outdoor media.
(3) The advertisement as meant in paragraph (2) only can be displayed in electronic media at 21.30 p.m up to 05.00 a.m. local time.
Substances of the advertisement as meant in Article 16 paragraph (2) are prohibited from:
(1) Every advertisement on electronic media, printed media and outdoor media must mention the warning of danger of smoking for the health.
(2) The warning as meant in paragraph (1) must be written in clear letters so as to be easy to read, and in a proportional size adjusted to the size of the advertisement.
Everybody producing cigarettes and/or importing cigarettes into the territory of Indonesia is prohibited from promoting the product by means of distributing in free of charge or giving prize in the form of cigarettes or other products wherein the trade mark of the cigarettes is mentioned.
Sponsor activities in the framework of advertisement and promotion executed by everybody producing cigarettes and/or importing cigarettes into the territory of Indonesia only can be executed by following the advertising and promotion provisions as regulated in this government regulation.
(1) Everybody producing cigarettes and/or importing cigarettes into the territory of Indonesia in advertising and promoting cigarettes in an event must meet the requirements as meant in Articles 16, 17, 18, 19 and 20.
(2) The leader or personnel in charge of an event is obliged to refuse models of cigarette promotion failing to meet the provisions in Articles 16; 17, 18, 19 and 20.
Public places, medical facilities, workplace and places specifically used for the venue of teaching process, child activity arena, worship place and public transport are declared as no-smoking area.
Leaders or personnel in charge of public places and workplace providing special place for smoking must provide air absorber thus not affecting the health of nonsmoking people.
Special place for smoking can be made available in public transport with the provision as follows:
Regional governments are obliged to realize the non-smoking area as meant in Article 22 in their respective regions.
Communities including everybody producing cigarettes and/or importing cigarettes into the territory of Indonesia have opportunity to play role as wide as possible in the framework of realizing the optimal degree of health through the establishment of no-smoking area.
Public participation is directed to drive up and enhance efficiency of potentials in communities in the framework of executing security of cigarettes for health.
Public participation can be executed by individuals, groups, statutory bodies or business entities, and institutions or organizations managed by communities.
Public participation is realized through:
Public participation in the implementation of security of cigarettes for health is executed by referring to the government policy and/or provisions of laws in force.
In the framework of enhancing public participation, the minister in cooperation with other institutions concerned disseminates information and understanding of security of cigarettes for health.
The minister, ministers concerned and regional governments foster the security of cigarettes for health by encouraging and mobilizing:
The fostering of security of cigarettes for health is done through the provision of information and counseling and development of public potential in applying healthy lifestyle.
(1) In fostering efforts to secure cigarettes for health, the minister and ministers concerned can:
(2) The minister in charge of agricultural affairs encourages diversification of tobacco plants to other plants.
(3) The minister in charge of industrial affairs encourage diversification of cigarette industrial businesses to other industries.
(1) The minister and ministers concerned supervise the implementation of efforts to secure cigarettes for health.
(2) In the framework of the supervision as meant in paragraph (1), the minister and ministers concerned can take administrative action against violation of provisions in this government regulation in accordance with their respective main tasks and functions.
(3) The administrative action as meant in paragraph (2) can be in the form of:
(1) Supervision over cigarettes on sale and advertisement is done by the Head of Food and Drug Supervision Board.
(2) In the framework of supervision over cigarettes on sale and advertisement as meant in paragraph (1), the Head of Food and Drug Supervision Board can issue verbal warning, written warning and/or makes recommendation for suspending activities or revoking industrial license to institutions concerned.
Any violation of the provisions as meant in Article 4 paragraph (1), Article 6, Article 6, Article 8, Article 9, Article 14, Article 15 paragraph (1), Article 16, Article 17, Article 18, Article 19, Article 20, Article 21 paragraph (2) is sentenced in accordance with the provisions of laws in force.
(1) Other products containing Nicotiana Tabacum, Nicotiana Rustica and other species and/or their processed products, including production of synthesis having the same or similar type and characteristic as production of nicotiana have their species included into the provisions in this government regulation.
(2) The other products as meant in paragraph (1) are stipulated by a decree of the minister.
Everybody producing cigarettes and/or importing cigarettes into the territory of Indonesia must adjust to the provisions in this government regulation not later than one year as from the date of stipulation of this government regulation.
With the enforcement of this government regulation, all technical directives for Government Regulation No. 81/1999 on security of cigarettes for health as already amended by Government Regulation No. 38/2000 are declared to remain effective as long as they do not contravene and/or have not been replaced by the new ones on the basis of this government regulation.
With the enforcement of this government regulation, Government Regulation No. 81/1999 on security of cigarettes for health as already amended by Government Regulation No. 38/2000 is declared null and void.
This government regulation comes into force as from the date of promulgation.
For public cognizance, this government regulation shall be promulgated by placing it in Statute Book of the Republic of Indonesia.
Stipulated in Jakarta
On March 10,2003
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
sgd
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta
On March 10,2003
THE SECRETARY OF THE STATE OF THE REPUBLIC OF INDONESIA
sgd
BAMBANG KESOWO
Elucidation
on
Government Regulation No. 19/2003
concerning
Security of cigarettes for health