Public Health Act, 2012 Act 851 - Tobacco Control Laws

194 Pages·2012·0.62 MB·English

PubPliucb liHc Heaealltthh AActc, 2t,0 122012 Act 851
ARRANGEMENT OF SECTIONS
Section
PART ONE—COMMUNICABLE DISEASES
1. Application of this Part to other diseases
2. Declaration of infected area, order for evacuation
3. Stopping of vehicles
4. Sales within an infected area
5. Post mortem examination
6. Marking
7. Disinfection
8. Destruction of buildings
9. Destruction of animals
10. Removal and detention of infected persons or disposal of corpse
11. Isolation of contacts
12. Compensation Board
13. Time for bringing claims
14. Presumption of knowledge of disease
15. Penalty
16. Regulations
17. Regulations as to diseases of a communicable nature
18. Non-communicable diseases
19. Interpretation
PART TWO—VACCINATION
20. Public vaccinators
21. Public vaccination
22. Compulsory vaccination
23. Vaccination of adults
24. Vaccination of children
25. Power of entry for vaccination
26. Examination and vaccination at point of entry
27. Notification of arrival of immigrant
28. Certificate of vaccination
29. Prohibition of the practice of inoculation
30. Penalties
31. Regulations by the Minister
32. Interpretation
33. Savings in respect of certificate1s of medical practitioners
Act 851 PubPluicb liHc Heeaalltthh A Act,c 2t0, 122012
PART THREE —QUARANTINE
34. Declaration of place as quarantine area
35. Appointment of officers
36. Provision of sanitary stations, anchorages
37. Penalty
38. Regulations in respect of disease
39. Legal proceedings
PART FOUR —VECTOR CONTROL
40. Destruction of vectors including mosquitoes
41. Protection of water receptacles
42. Recovery of cost
43. Method of recovery
44. Penalty for refusal to comply with an order and obstruction
45. Penalty for breach
46. Payments to local authority
47. Regulations
48. Application of this Part to vessels
49. Interpretation
PART FIVE— ENVIRONMENTAL SANITATION
50. Hindering disposal of dead body
51. Sale or serving of unwholesome food
52. Sale of food under insanitary conditions
53. Food unfit for consumption
54. Prohibition of business in noxious or offensive trade
55. Explanation as to carrying on of noxious trade
56. Public nuisance
57. Arrest of offenders
PART SIX—TOBACCO CONTROL MEASURES
Tobacco control measures
58. Prohibition of smoking in public places
59. Advertising in relation to tobacco and tobacco products
60. Tobacco sponsorship
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PubPluibcli cH Heeaalltthh A cAt, c2t0,1 22012 Act 851
61. Promotion of tobacco and tobacco products
62. Packaging and labelling
63. Health warning on package
64. Point of sale health warning
65. Minimum age restrictions
66. Public education against tobacco use
67. Treatment of tobacco addiction
68. Sale of tobacco products
Administrative and miscellaneous provisions
69. Appointment of inspectors and analysts
70. Functions of an inspector or analyst
71. Powers of an inspector or analyst
72. Obstruction of inspector or analyst
73. Testing of tobacco and tobacco products
74. Power of the Authority to prosecute
75. Collaboration with relevant bodies
76. Regulations
77. Offences
78. Interpretation
79. Transitional provisions
PART SEVEN—FOOD AND DRUGS
Food and Drugs Authority
80. Establishment of Food and Drugs Authority
81. Object of the Authority
82. Functions of the Authority
83. Governing body of the Authority
84. Tenure of office of members
85. Meetings of the Board
86. Disclosure of interest
87. Establishment of committees
88. Allowances
89. Appointment of Chief Executive Officer
90. Functions of the Chief Executive Officer
91. Divisions of the Authority
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Act 851 Public Health Act, 2012
92. Appointment of Deputy Chief Executive Officers
93. Appointment of other staff
Financial provisions
94. Funds of the Authority
95. Accounts and audit
96. Annual report and other reports
Foods
97. Registration of food
98. Cancellation or suspension of registration
99. Importation and exportation of food
100. Prohibited acts
101. Food for sale to meet prescribed standards
102. Food offered as a prize, reward or donation
103. Deception of consumers
104. Standards for food
105. Prohibition against sale of poor quality food
106. Manufacture of food under supervision
107. Mandatory fortification of food
108. Regulation of slaughter houses
109. Transportation of meat for sale
110. Penalty and defence
Drugs, herbal medicinal products, cosmetics, medical devices
and household chemical substances
111. Prohibited sale of drugs, herbal medicinal products, cosmetics,
medical devices and other household chemical substances
112. Standards
113. Deception of consumers
114. Prohibited advertisement
115. Control of manufacturing
116. Restriction on importation and manufacture
117. Application for registration
118. Registration of drugs, herbal medicinal products, medical devices
or household chemical substances
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Public Health Act, 2012 Act 851
119. Cancellation or suspension of registration
120. Certificate on imported drugs
121. Drugs not to be distributed as samples
122. Importation of drugs and other products.
123. Counterfeit drugs, herbal medicinal products, medical devices and
household chemical substances
124. Registration of homoeopathic drugs
125. Safety monitoring
126. Regulation of narcotic and psychotropic substances
127. Food and Drugs Laboratory
128. Registers
129. Penalties
General provisions
130. Registration of premises
131. Licences and permits
132. Closure of premises and safe disposal of unwholesome regulated
products
133. Reporting of certain diseases
134. Notification of food borne diseases
135. Powers of authorised officers
136. Forfeiture and disposal of seized articles
137. Public analysts
138. Quarterly reports of analyst
139. Power of Authority to obtain particulars of certain ingredients
140. Power of Authority to prosecute
141. Power of Court to suspend or cancel licence
142. Penalties
143. Certificate of analysis and presumptions
144. Presumption as to adulteration
145. Defence in proceedings for sale of food
146. Compensation
147. Regulations
148. Guidelines and Codes of practice
149. Interpretation
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Act 851 Public Health Act, 2012
PART EIGHT—CLINICAL TRIALS
150. Establishment of the Clinical Trials Technical Advisory Committee
151. Objects of the Committee
152. Functions of the Committee
153. Composition of the Committee
154. Application of provisions
155. Clinical trials
156. Authority to investigate
157. Conditions to conduct clinical trials
158. Informed consent for clinical trials
159. Supply of information prior to clinical trial
160. Powers to stop or suspend clinical trials
161. Monitoring of clinical trials
162. Reports on clinical trials
163. Renewal of clinical trial certificate
164. Application of clinical trial provisions
165. Penalty
166. Interpretation
PART NINE—MISCELLANEOUS PROVISIONS
167. Patient’s Charter
168. International Health Regulations
169. Declaration of public health emergency
170. Emergency powers in respect of public health matters
171. Health information, reporting and notification
172. Immunity and Indemnity
173. Collaboration
174. Application
175. Repeals and savings
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Public Health Act, 2012 Act 851
SCHEDULES
FIRST SCHEDULE
Certificate of vaccination
SECOND SCHEDULE
Messages(Rotational) to be printed on tobacco packs
THIRD SCHEDULE
World Health Organisation WHO Framework Convention on Tobacco Control
FOURTH  SCHEDULE
List of publication for standards for drugs
FIFTH  SCHEDULE
Diseases for which advertisement for treatment, prevention or cure are
prohibited
SIXTH SCHEDULE
Patient’s Charter
SEVENTH SCHEDULE
World Health Organization Regulations
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Act 851 Public Health Act, 2012
THE EIGHTH HUNDRED AND FIFTY-ONE
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
PUBLIC HEALTH ACT, 2012
AN ACT to revise and consolidate the law relating to public health to
prevent disease, promote, safeguard, maintain and protect the health
of humans and animals and to provide for related matters.
DATE OF ASSENT: 9th October, 2012.
PASSED by Parliament and assented to by the President:
PART ONE—COMMUNICABLE DISEASES
Application of this Part to other diseases
1. (1) The Minister shall, by executive instrument, declare that a
disease is communicable, infectious or contagious in nature.
(2) Where an instrument is published declaring a disease as com-
municable, infectious or contagious the provisions of this Part shall apply.
(3) For the purposes of this Part, and of any other enactment, “com-
municable disease” includes a disease of a communicable, infectious or
contagious nature which is declared by the Minister as a communicable
disease.
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Public Health Act, 2012 Act 851
Declaration of infected area, order for evacuation
2. (1) The Minister
(a) shall, by executive instrument, declare a clearly defined area
in which a communicable disease has occurred as an infected
area, and
(b) may by the same or a subsequent instrument order the
evacuation of the whole or a part of the infected area.
(2) The order for evacuation may apply to all persons or to a person
or a class of persons specified in the instrument.
(3) A person shall not reside, enter or carry on business within an
infected area or a part of an infected area in contravention of an order
for evacuation, except under an order in writing to that effect signed by a
medical officer and on the conditions specified by the medical officer.
(4) Subsection (3) does not apply to a person passing along a thorough-
fare which is allowed to remain open to the public.
(5) A person who contravenes subsection (3) commits an offence
and is liable,
(a) for a first offence, to a fine of not more than fifty penalty
units or to a term of imprisonment of not more than three
months, or to both; and
(b) for a second or subsequent offence, to a term of imprison-
ment of not more than six months, or to both the fine and
the imprisonment.
Stopping of vehicles
3. (1) A medical officer, a veterinary officer, an environmental health
officer, a police officer, or any other person designated by the Minister,
may for the purpose of medical examination,
(a) stop a vehicle travelling in, or suspected to be travelling in or
travelling to or from an infected area, and
(b) detain any of the persons travelling or being conveyed in or
on the vehicle.
(2) A person suffering or suspected to be suffering from a communi-
cable disease, or a corpse, or an article suspected to be capable of spreading
infection may be removed from the vehicle and dealt with as prescribed
by the Regulations made by the Minister.
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Act 851 Public Health Act, 2012
(3) The driver of a vehicle who refuses or fails to stop when asked to
do so by any of the persons mentioned in subsection (1), commits an
offence and is liable on summary conviction to a fine of not more than
fifty penalty units or to a term of imprisonment of not more than three
months, or to both.
Sales within an infected area
4. (1) A person licensed to sell in a store situated in an infected area or
a part of an infected area which is included in an order for evacuation, is
entitled
(a) to a transfer of the licence to a store situated in a place to
which the order for evacuation does not extend, and
(b) to a refund of the whole or a part of the fee paid for the licence,
or as may be awarded by a Compensation Board estab-
lished under section 12.
(2) Subsection (1) applies to a food vendor or a person who sells
water or beverages.
Post mortem examination
5. Where a medical officer, a veterinary officer or an authorised health
officer suspects that a person has died of a communicable disease whether
in an infected area or not, the medical officer, veterinary officer or the
authorised health officer shall order that the body of the deceased person be
conveyed to a specified place for an examination that the medical officer,
veterinary officer or the authorised health officerrs considers necessary.
Marking
6. (1) A medical officer, veterinary officer or any other authorised
health officer may place, or cause to be placed, on a house, structure or at
an area where a case of a communicable disease has occurred, whether
in an infected area or not, a marking denoting the occurrence of the
disease as prescribed by Regulations.
(2) The mark shall be kept affixed for a period that the medical
officer or veterinary officer or any other authorised health officer considers
necessary.
(3) A person who unlawfully removes or obliterates the mark
commits an offence and is liable on summary conviction to a fine of not
more than one hundred penalty units or to a term of imprisonment of
not more than six months or to both.
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