According to Stacey Bonser of Tuckers Inc., quite hefty penalties are laid down for businesses that contravene the law governing tobacco smoking in public areas, with fines of up to R50 000 for the business owners or persons who are in control of such public areas.
“The reasoning behind tightening the laws on when and where smoking is acceptable and allowed is that it is not justifiable to unnecessarily expose people, and more importantly young children, to second-hand smoke that has been shown to be equally as harmful and damaging as first-hand smoking,” Bonser said.
“But now that the government has clarified the position when it comes to tobacco products, alas, we encounter a hazier area of the law, namely e-cigarettes.”
Bonser said vaping and e-cigarettes have gained considerable popularity as a less harmful alternative to traditional cigarettes.
The e-cigarette converts a liquid (which may or may not contain nicotine) into a vapour which the person inhales, giving them the sensation of smoking.
So, when and where is vaping allowed?
Bonser said the problem is that there hasn’t been any legislation enacted that applies to vaping in isolation.
E-cigarettes do not contain tobacco, and therefore the laws on the use of tobacco and smoking don’t apply.
“The proposed solution by the health minister was to extend the law governing tobacco to vaping, but this hasn’t come without challenges from the e-cigarette producers,” Bonser said.
“Essentially, there is nothing that technically prohibits the use of vapes in restaurants and bars to the same extent that normal cigarettes are banned and regulated.”
Additionally, there aren’t any sanctions or fines in place against a vape user or a restaurant owner or manager who allows a person to vape.
“Until the law is less ‘grey’ on when and where vapes can be used in restaurants and other public places, it’s up to the restaurant owner to decide on and implement policies on whether to allow customers to use their vapes.”
