Section 45: Interpretation
"conflict of interest' means a conflict between the public duties and private interests of any person working in any capacity in, or on behalf of, government where that person has tobacco-related interests which could improperly influence or could reasonably be perceived as being capable of improperly influencing the performance of the person's official duties or responsibilities;
"cross-border" with respect to tobacco advertising, promotion, and sponsorship, means an activity relating to the subject matter of this Act which originates within the territory of Nigeria and enters another territory or could be received in another territory including by means such as placement on the internet or through broadcasts or other communications technologies, as well as that which originates outside Nigeria and enters or is designed to enter Nigeria;
"enclosed' means any space covered by a roof or one or more walls or sides, regardless of the type of material used and regardless of whether the structure is permanent or temporary;
"government" or government authority" includes any person or entity working on behalf of or to further the interests of government;
"government" includes governmental and semi- or quasi-governmental institutions, bodies, boards, commissions, committees, work groups, or entities, and reference to "government" also refers to the public office holders and other persons representing government;
"health warnings and messages" means prescribed requirements by the Ministry to be displayed on tobacco packaging and labeling conveying the health consequences of tobacco use and exposure to tobacco smoke and any other message as may be prescribed by the Ministry;
"indoor" same as enclosed;
"Minister" means Minister of Health;
"Ministry' means Federal Ministry of Health;
"occupational activity" includes any kind of employment, contract, consulting, or other work, or service activity, whether it is gainful or not, and whether it is full-time, part-time, occasional, temporary, or permanent;
"open space' or "outdoor space" means any space that is not enclosed;
"outside packaging and labeling" with respect to tobacco products, means packaging and labeling used in the retail sale of the products;
"person" means individual and corporate entity;
"person responsible for the premises" means the owner, manager' or other person in charge of a public place, workplace, or means of public transport;
"public office holder" includes any person or entity working on behalf of, or furthering the interests of, the office held by the person;
"public place" means all public places listed in the Second Schedule and excludes the roads, streets, highways and all outdoors places within the 5 meter rule;
"public transport' means any vehicle used for carriage of members of the public, usually for reward or commercial gain;
"publish" means to make public to one or more persons by any means;
"relevant or related to tobacco control" means any policy, law, regulation, programme, or initiative that affects or is likely to affect the development or implementation of tobacco control policy, such as tax, price, trade, and agricultural policies;
"responsible authority' means the Ministry or Minister, as the case may be, Department or Agency of the Government charged with responsibility for the implementation and enforcement of the provision of this Act;
"responsible for tobacco control', "responsibility for tobacco control", or "role in tobacco control' includes being involved in or contributing to, or being in a position to be involved in or contribute to tobacco control policies, or those relevant or related to tobacco control, within any branch of government at the national or sub-national levels;
"subsidiary" means a business in the tobacco industry in which another tobacco corporation has a controlling share and includes any corporation organized and chartered under the laws of another State;
"seller" with regard to tobacco products, means any person that sells tobacco products at import, wholesale, export, or retail;
"smoking" includes being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled;
"tobacco advertising and promotion" means any form of commercial communication, recommendation, or action with the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly;
"tobacco control' means a range of supply, demand, and harm reduction strategies that aim to improve the health of a population by eliminating or reducing their consumption of tobacco products and exposure to tobacco smoke;
"tobacco control policy" includes the formulation, development, implementation, administration, or enforcement of tobacco control policy, law, regulation, programme, or initiative, and any policy, law, programme, or initiative relevant or related to tobacco control;
"tobacco industry" or 'business in the tobacco industry" includes any person or entity working on behalf of, or furthering the interests of, the tobacco industry;
"tobacco products" means products entirely or partly made of the leaf tobacco as raw material which are manufactured to be used for smoking, sucking, chewing or snuffing;
"tobacco sponsorship" means any form of contribution to any evident activity, organisation, or individual that has the aim, effect, or likely effect of promoting a tobacco product or tobacco use directly or indirectly; and
"workplace" means any place used by one or more persons during their paid or unpaid employment or work, including all associated or attached areas commonly used in or incidental to the course of work, as well as work vehicles.
Cite this section
Section 45, NATIONAL TOBACCO CONTROL ACT (2015).
https://repo.podus.ai/laws/national-tobacco-control-act/section/45/