Reasons for Proposal
The current Act allows authorized retailers to advertise tobacco by displaying or posting advertising materials within their places of business, but does not separately regulate the display, storage, etc., of tobacco inside the places of business.
According to the National Tobacco Control Center, however, research shows that non-smoking juveniles who are frequently exposed to tobacco displays and advertisements become more likely to smoke. This is because ongoing exposure to colorfully decorated display cases for tobacco products increases juvenile curiosity about tobacco, which can increase the likelihood that they will start smoking. On the same note, countries such as Australia, Norway, and Thailand prohibit the display and advertising of tobacco.
Accordingly, the Amendment prohibits the display and exposed storage of tobacco in places of business situated in educational environment protection zones that are easily accessible by elementary, middle, and high school students, and prohibits tobacco advertisements, thereby aiming to prevent juveniles from being continuously exposed to tobacco and protect them from the harmful effects of tobacco (Article 9, paragraph 1 and Article 34, paragraph 1, subparagraph 1-2 newly inserted; Article 9-4, paragraph 1, subparagraph 1).
Major Provisions
Article 9 (Measures for Non-Smoking) ① Authorized retailers pursuant to the Tobacco Business Act (hereinafter “authorized retailers”) whose places of business are located in an educational environment protection zone pursuant to Article 8, paragraph 1 of the Educational Environment Protection Act (this shall exclude the educational environment protection zones of kindergartens pursuant to Article 2, subparagraph 2 of the Early Childhood Education Act and schools falling under the subparagraphs of Article 2 of the Higher Education Act) shall not display tobacco within their places of business, and shall ensure tobacco is stored and sold without exposure.
Article 9-4 (Prohibition of, or Restriction on, Advertisements of Tobacco) ① Tobacco may be advertised only by the following methods:
1. Displaying or posting advertising materials specified by the Ordinance of the Ministry of Health and Welfare within an authorized retailer's place of business [this shall exclude places of business situated in educational environment protection zones pursuant to Article 8, paragraph 1 of the Educational Environment Protection Act (this shall exclude the educational environment protection zones of kindergartens pursuant to Article 2, subparagraph 2 of the Early Childhood Education Act, and those of schools falling under the subparagraphs of Article 2 of the Higher Education Act)]: Provided, that the same shall not apply to where an advertisement so displayed or posted is visible from the exterior of the place of business;