Mauritius

COMMENTS: Article 193 of the Public Health Act authorizes the Minister of health to "make such regulations as he thinks necessary in the interest of public health." It is under this grant of power that the regulations restricting tobacco products were issued. In addition, the Public Health Act grants the Sanitary Authority and the police the power to enforce public health regulations. The Public Health Act has been amended several times. The version available here is current through the 2006 amendments made by Law No. 30 of 2006 and Government Notice No. 232 of 2006.

COMMENTS: The Public Health (Restrictions on Tobacco Products) (Amendment) Regulations 2009 amended the Public Health (Restrictions on Tobacco Products) Regulations 2008. However, those regulations will be revoked by the Public Health (Restrictions on Tobacco Products) Regulations 2022 on May 31, 2023, when the 2022 regulations enter into force.

COMMENTS: The Public Health (Restrictions on Tobacco Products) Regulations 2008 were revoked by the Public Health (Restrictions on Tobacco Products) Regulations 2022.  

COMMENTS: The Public Health (Restrictions on Tobacco Products) (Amendment No. 2) Regulations 2009 amended the Public Health (Restrictions on Tobacco Products) Regulations 2008. However, those regulations will be revoked by the Public Health (Restrictions on Tobacco Products) Regulations 2022 on May 31, 2023, when the 2022 regulations enter into force.

COMMENTS: The Public Health (Restrictions on Tobacco Products) (Amendment) Regulations 2022 amend the Public Health (Restrictions on Tobacco Products) Regulations 2022. Amendments include delaying the effective date from June 10, 2022 to May 31, 2023 and carving out exceptions from the packaging and labeling requirements for cigarettes sold in duty-free shops, among other changes.

COMMENTS: The Public Health (Restrictions on Tobacco Products) Regulations 2022 were issued under the Public Health Act. The regulations cover many aspects of tobacco control, including, but not limited to: sales to minors; restrictions on public smoking; plain packaging and labeling; and tobacco advertising, promotion and sponsorship. The regulations also prohibit the manufacture, import, distribution, sale of e-cigarettes and heated tobacco products. These regulations revoke the Public Health (Restrictions on Tobacco Products) Regulations 2008.

The regulations were initially supposed to enter into force on June 10, 2022. However, the Public Health (Restriction on Tobacco Products) (Amendment) Regulations 2022 amended the date to May 31, 2023. 

COMMENTS: The Public Health (Restrictions on Tobacco Products) (Amendment No. 2) Regulations 2023 amend the list of "public places" contained in Schedule 1 by removing public beaches, hotels, and outdoor areas of cafes, bars, nightclubs, and restaurants. These deletions are significant because smoking is banned in public places.