Last updated: February 26, 2020
Summary
Brunei Darussalam became a Party to the WHO Framework Convention on Tobacco Control on February 27, 2005.
Smoke Free Places
Smoking is prohibited in virtually all enclosed public places and workplaces, on sidewalks near business premises and within a six-meter radius of smoke free buildings. However, hotel guest rooms are not required to be smoke free. Smoking is also prohibited on all means of public transport except on trains and watercraft. Outdoor areas of "government premises" and "office premises" are also smoke free.
Tobacco Advertising, Promotion and Sponsorship
Most forms of advertising, promotion and sponsorship of tobacco products are prohibited, except for tobacco advertising in some foreign publications and point of sale product display. Although financial or other sponsorship by the tobacco industry is not prohibited, publicity of the sponsorship is prohibited.
Tobacco Packaging and Labeling
Rotating combined picture and text health warnings must occupy 75 percent of the two principal display areas of tobacco product packages. The warning must be printed in English on one surface and Malay on the other surface.
Cigarette Contents and Disclosures
The law grants the authority to regulate the contents of cigarettes; however, no subsequent regulations have been issued. The law does not require that manufacturers and importers disclose to government authorities information on the contents or emissions of their products.
Sales Restrictions
The law prohibits the sale of tobacco products via vending machines, single cigarettes, small packets of cigarettes, and chewing tobacco. There are no restrictions on the sale of tobacco products based on location. The sale of tobacco products is prohibited to persons under the age of 18.
E-Cigarettes
The sale of e-cigarettes is prohibited. The use of e-cigarettes is prohibited where smoking is prohibited. There is no restriction on the advertising, promotion and sponsorship of e-cigarettes.
Roadmap to Tobacco Control Legislation
Tobacco Order, 2005 is the primary tobacco control legislation in Brunei and regulates smoke free places; tobacco advertising, promotion and sponsorship; and tobacco packaging and labeling. The Order authorizes the issuance of implementing regulations. The Tobacco (Prohibition in Certain Places) Regulations, 2007 are the implementing regulations for the provisions on smoke free places. These regulations initially allowed for smoking areas in office premises. The Tobacco (Prohibition in Certain Places) (Amendment) Regulations, 2012 amended the 2007 regulations and removed the provisions allowing smoking areas, thereby making all listed places 100 percent smoke free. The Tobacco (Labelling) Regulations, 2007 are the implementing regulations for the packaging and labeling provisions and set out the content, form, and other requirements for tobacco product health warnings. The Tobacco (Labelling) (Amendment) Regulations, 2012 updated the mandated warnings for smoked tobacco products and increased the required warning size for all tobacco products from 50 percent to 75 percent. The provisions regulating tobacco advertising, promotion and sponsorship provisions are contained in the Tobacco Order itself; there are no separate implementing regulations. The Tobacco Order, 2005 sets out penalties for violations of the Order. The Tobacco (Composition of Offences) Regulations, 2007 allows for certain offenses to be compounded. Tobacco (Licensing of Importers, Wholesalers and Retailers) Regulations, 2007 establish the requirements to apply for and maintain a retail license and set forth the sanctions related to licensure violations.
Review Status
This country’s legal measures were reviewed by our legal staff. No in-country lawyers or tobacco control experts reviewed our analysis.
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