Tobacco Free Initiative (TFI)

Brazil

Constitutional context

Federal, state and municipal governments share legislative authority over tobacco control. However, it is at the federal level that Brazil's comprehensive legislation has been implemented

Federal tobacco control laws

A 1999 law created the National Agency of Sanitary Surveillance (ANVISA), which has competence to regulate tobacco. ANVISA has law-making powers.

  • Law 10.167/2000, prohibits advertising of tobacco among many other things as well;
  • Resolution RDC 46 of 2003 establishes maximum levels of tar, nicotine etc and bans misleading descriptors light, mild etc;
  • Resolution RDC 346 of 2003: requires annual registration and listing with detailed information to be included e.g. packaging, incomes etc;
  • Resolution RDC 335 of 2004: requires graphic warnings and health messages.

Enforcement structure and operations

The Ministry of Health/ANVISA. The Ministry of Health has responsibility for the administration of the Federal tobacco control legislation. The national tobacco control programme housed at the National Cancer Institute (INCA) also has enforcement responsibility. Furthermore, State and municipal authorities have responsibility for the enforcement of the over 70 (State) and 331 (municipal) laws as well as the federal legislation. The Federal Police, the Judiciary and Federal Revenue Service are also involved in enforcement of tobacco control laws in collaboration and cooperation with ANVISA, the Ministry of Health.

Compliance promotion

Approach used in Brazil included, awareness raising among the public, regulated community and governmental agencies, training and educational materials, development of database, work of NGOs.

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