National Authority on Tobacco and Alcohol Act, No. 27 of 2006

The National Authority on Tobacco and Alcohol Act, No. 27 of 2006 was certified on 29 August 2006 to establish NATA — a body corporate tasked with protecting public health by eliminating harm caused by tobacco and alcohol. Sri Lanka was the first Asian country and fourth globally to ratify the WHO Framework Convention on Tobacco Control (FCTC) in 2003, and this Act is the primary legislative tool for fulfilling those international obligations.

The Act introduced several groundbreaking provisions for the region: a sale ban to persons under 21 years of age, a comprehensive ban on all advertising and sponsorship, a ban on smoking in enclosed public places, and a prohibition on vending machines. It has been amended once — by Act No. 3 of 2015 — which mandated 80% pictorial health warnings on cigarette packaging after a landmark legal battle with the tobacco industry.

Source

Full text: NATA Act (PDF — NDDCB) | LawNet | CommonLII | 45 sections in 2 Parts. One amendment: Act No. 3 of 2015.

Act Structure

The Act is organized into two Parts. Part I (Sections 1-30) establishes the Authority, its composition, powers, and administrative framework. Part II (Sections 31-45) creates a comprehensive set of prohibitions and offences targeting the production, marketing, and consumption of tobacco and alcohol products.

Group	Sections	Topic	Summary
Establishment	S.1-2	Short title & body corporate	Creates NATA as a body corporate with perpetual succession and common seal
Board Composition	S.3-9	Membership, terms, meetings	14 members (9 ex-officio + 5 appointed); 3-year terms; quorum of 7
Validity & Seal	S.10-11	Acts despite vacancies, seal	Validity of Authority acts; custody and use of common seal
Directions & Delegation	S.12-13	Ministerial directions, delegation	Authority must comply with Minister's directions; may delegate powers
Functions & Powers	S.14-15	Advisory and regulatory powers	National policy advice, tax recommendations, research, education
Authorized Officers	S.16-19	Enforcement	Designation, powers of entry/seizure, analysis and certification
Ministerial Directions	S.20	Directions to departments	Minister may direct government departments to assist NATA
Staff & Finance	S.21-24	Appointments, Fund, audit	Staff appointments, Fund of the Authority, financial year, returns
General Provisions	S.25-30	Scheduled institution, regulations	Public servant status, land acquisition, legal expenses, regulations
Age & Sales	S.31-33	Sale restrictions	Sale to under-21s, vending machine ban, prohibited products
Packaging & Warnings	S.34	Health warnings	Warning labels on tobacco products (amended by Act No. 3 of 2015)
Advertising & Sponsorship	S.35-38	Marketing bans	Advertisement ban, sponsorship ban, free distribution ban, trademarks
Public Smoking	S.39	Smoke-free places	Smoking ban in enclosed public places and public transport
Evidence & Procedures	S.40-45	Legal matters	Tobacco analysis, Motor Traffic Act links, Government Analyst evidence

Section Detail

Section	Topic	Summary
1	Short title	Short title and date of operation
2	Establishment	Establishes NATA as a body corporate with perpetual succession and common seal
3	Members	9 ex-officio members from ministries/agencies + 5 appointed by Minister
4	Disqualification	Grounds for disqualification from membership
5	Removal and resignation	Procedures for removing or resigning from the Authority
6	Term of office	3-year term for appointed members
7	Remuneration	Allowances and remuneration for members
8	Chairman	Chairman appointed by the Minister; presides over meetings
9	Meetings and quorum	Quorum of 7 members; Authority may regulate own procedure
10	Validity of acts	Acts of Authority valid despite vacancies in membership
11	Seal	Custody and authentication of the common seal
12	Ministerial directions	Authority must comply with directions from the Minister
13	Delegation	Authority may delegate powers to members or committees
14	Functions	Advisory, monitoring, research, education, coordination functions
15	Powers	Property acquisition, contracts, borrowing, general corporate powers
16	Authorized Officers	Minister may designate officers for enforcement
17	Powers of Authorized Officers	Entry, inspection, seizure, sampling powers
18	Seizure and disposal	Procedures for seized goods
19	Analysis and certification	Sample analysis and Government Analyst certification
20	Ministerial directions to departments	Minister may direct any government department to assist
21	Staff	Authority may appoint employees
22	Fund	Establishment of the Fund of the Authority
23	Financial year and audit	Financial year and audit requirements
24	Returns and information	Authority may require returns and information
25	Scheduled institution	NATA declared a scheduled institution
26	Public servants	Members and staff deemed public servants
27	Land acquisition	Power to acquire land under Land Acquisition Act
28	Legal expenses	Indemnification for legal expenses
29	Reports	Annual report to Parliament
30	Regulations	Minister may make regulations
31	Sale to under-21s	Prohibits sale of tobacco or alcohol to persons under 21
32	Vending machines	Total ban on tobacco/alcohol vending machines
33	Prohibited products	Prohibition on prescribed (banned) tobacco products
34	Health warnings	Warning labels on tobacco products (80% after 2015 amendment)
35	Advertising ban	Comprehensive ban on all tobacco/alcohol advertisements
36	Sponsorship ban	Brands prohibited from sponsoring sporting, cultural, educational events
37	Free distribution	Prohibition on free distribution of tobacco/alcohol products
38	Trademarks	Offences relating to misleading trademarks on tobacco products
39	Public smoking	Smoking banned in enclosed public places and public transport
40	Tobacco constituent testing	Testing and analysis of tobacco product constituents
41	Motor Traffic Act	Provisions linking to Motor Traffic Act for alcohol testing
42	Government Analyst evidence	Certificates from Government Analyst as evidence
43	Miscellaneous offences	Additional offences and penalties
44	Sinhala text precedence	Sinhala text prevails in case of inconsistency
45	Interpretation	Definitions of key terms

Statutory Bodies

1 Legally Active0 Obsolete

▶National Authority on Tobacco and Alcohol (NATA)Legally ActiveSections 2-15

Organisation/statutory-body

NATA Board Composition

Under Section 3, the Authority comprises approximately 14 members drawn from government ministries, law enforcement, drug control, and ministerially-appointed experts.

Ex-Officio Members (9)

#	Role	Appointing Authority
1	Senior Assistant Secretary, Ministry of Health	Ex-officio (S.3(a))
2	Senior Assistant Secretary, Ministry of Justice	Ex-officio (S.3(b))
3	Senior Assistant Secretary, Ministry of Education	Ex-officio (S.3(c))
4	Senior Assistant Secretary, Ministry of Media	Ex-officio (S.3(d))
5	Senior Assistant Secretary, Ministry of Trade	Ex-officio (S.3(e))
6	Senior Assistant Secretary, Ministry of Sports and Youth Affairs	Ex-officio (S.3(f))
7	Chairman, National Dangerous Drugs Control Board	Ex-officio (S.3(g))
8	Representative of the Commissioner-General of Excise	Ex-officio (S.3(h))
9	Representative of the Inspector-General of Police	Ex-officio (S.3(i))

Appointed Members (5)

Under S.3(j), the Minister appoints 5 persons with wide experience and knowledge in medicine and other fields related to tobacco and alcohol products.

Current Board Members (as of 2025)

Name	Designation
Dr. Ananda Rathnayaka	Chairman
Dr. Lakshmi C. Somathunga	Additional Secretary, Ministry of Health
Mrs. Riyaza M. Naufel	Senior Assistant Secretary, Ministry of Health
Mrs. Sujatha Kulendrakumar	Additional Secretary, Ministry of Education
Mrs. R.M.K.U. Rathnayake	Director (Planning), Dept. of Sports Development
Mr. Oshan Hewawitharana	DIG of Police (Narcotic Range)
Mrs. Piyumanthi Pieris	Additional Secretary (Legal), Ministry of Justice
Dr. Indika Wanninayake	Chairman, National Dangerous Drug Control Board
Mr. Tissa Kumara Rajapaksa	Deputy Commissioner of Excise (Law Enforcement)
Ms. Jeyavathany Navaratnam	Director, Ministry of Trade
Dr. Palitha Abeykoon	WHO Consultant (former NATA Chairman)
Prof. A.A. Hemantha K. Amarasinghe	University of Sri Jayawardenepura
Dr. Vajira Dharmawardene	University of Sabaragamuwa
Mr. K.M.J.S.B. Kollalpitiya	Dept. of Samurdhi Development

Multi-Ministry Representation

NATA's board is notable for its cross-ministerial composition — bringing together Health, Justice, Education, Media, Trade, Sports, Police, Excise, and Drug Control. This reflects the Act's intent to address tobacco and alcohol as a whole-of-government public health challenge rather than a narrow health ministry concern.

Key Prohibitions (Part II)

The Act's Part II introduced some of the most comprehensive tobacco and alcohol control measures in South Asia:

Sale Restrictions

Provision	Section	Details
Age limit	S.31	Sale of tobacco or alcohol to any person under 21 years prohibited
Vending machines	S.32	Total ban on installation of tobacco/alcohol vending machines
Prohibited products	S.33	Minister may prescribe (ban) specific tobacco products

Marketing Restrictions

Provision	Section	Details
Advertising	S.35	Comprehensive ban on all forms of tobacco/alcohol advertising
Sponsorship	S.36	Brands prohibited from sponsoring sporting, cultural, or educational events
Free distribution	S.37	Prohibition on giving away free samples of tobacco/alcohol products
Trademarks	S.38	Misleading trademark offences on tobacco products

Health Warnings & Public Smoking

Provision	Section	Details
Packaging warnings	S.34 (as amended)	80% pictorial health warnings on front and back of tobacco packs; rotated every 6 months
Public smoking	S.39	Smoking banned in all enclosed public places including public transport and government buildings

Subsidiary Legislation

Three major regulatory instruments have been issued under the Act:

Regulation	Year	Key Provisions
Tobacco Products (Labelling and Packaging) Regulations, No. 1 of 2012	2012	Specified content, size, and placement of health warnings on tobacco packaging
Amendments to Labelling & Packaging Regulations	2015	Updated packaging requirements following the 2015 Amendment Act
Prohibited Tobacco Products Regulations, No. 1 of 2016	2016	Banned: smokeless tobacco, e-cigarettes containing tobacco, flavoured/coloured/sweetened cigarettes

Amendment Timeline

2003

Sri Lanka ratifies WHO FCTC

Sri Lanka became the first Asian country and fourth globally to ratify the WHO Framework Convention on Tobacco Control in November 2003. This created the international obligation to enact comprehensive tobacco control legislation.

2006

National Authority on Tobacco and Alcohol Act enacted

Act No. 27 of 2006, certified on 29 August 2006. Established NATA as a body corporate with 14 members. 45 sections in 2 Parts. Introduced comprehensive prohibitions: sale to under-21s, advertising ban, sponsorship ban, public smoking ban, vending machine ban.

2007

Authorized Officers designated

Public Health Inspectors (PHIs) and Food & Drug Inspectors formally designated as Authorized Officers under S.16, forming the primary enforcement mechanism for NATA.

2012

80% health warning gazette notification issued

Minister of Health Maithripala Sirisena issued gazette notification requiring 80% pictorial health warnings on cigarette packets. Ceylon Tobacco Company challenged this in court.

2012

Tobacco Products (Labelling and Packaging) Regulations issued

Regulations No. 01 of 2012 specified the components, size, and placement of health warnings on tobacco product packaging.

2014

Court of Appeal reduces warning size

The Court of Appeal ruled the Ministry had authority to require pictorial warnings but reduced the size from 80% to 50-60%, finding 80% left insufficient space for trademark display. Implementation delayed by approximately 2.5 years.

2015

▶Amendment Act No. 3 of 2015 certified

High Impact

Certified on 3 March 2015, effective 1 June 2015. Parliament passed the NATA Amendment Act to legislatively mandate the 80% pictorial health warning, overriding the court reduction. Section 2 amends Section 34; Section 3 inserts new Section 34A requiring 80% pictorial warnings on front and back of cigarette packets. Required six-monthly rotation of warnings and increased penalties.

2016

Prohibited Tobacco Products Regulations issued

Regulations No. 1 of 2016 (effective 1 September 2016) banned the manufacture, import, and sale of: smokeless tobacco products, e-cigarettes containing tobacco, and flavoured/coloured/sweetened cigarettes.

2016

Sri Lanka joins Protocol to Eliminate Illicit Trade in Tobacco Products

Sri Lanka signed the Protocol to the FCTC to combat illicit tobacco trade, strengthening the regulatory framework.

2023

Court of Appeal upholds flavoured cigarette ban

In November 2023, the Court of Appeal ordered the immediate cessation of sales of Dunhill Switch, Dunhill Double Capsule, and John Player Gold Pro Cool. CTC sought to delay enforcement by writing to the Attorney General.

2025

NATA represents Sri Lanka at FCTC COP11

Chairman Dr. Ananda Rathnayaka led Sri Lanka's delegation at WHO FCTC COP11 in Geneva in November 2025, highlighting achievements including the minimum purchasing age of 21, comprehensive advertising bans, prohibition of e-cigarettes, and the national quitline.

Amendment Act No. 3 of 2015 — The "80% Warning" Amendment

This amendment was the product of a landmark legal battle between the government and the tobacco industry:

Stage	Year	Event
Gazette notification	2012	Minister Maithripala Sirisena issued gazette requiring 80% pictorial warnings
CTC legal challenge	2012	Ceylon Tobacco Company (CTC, subsidiary of British American Tobacco) challenged the regulation
Court of Appeal	2014	Court ruled Ministry had authority but reduced size to 50-60%
Parliamentary response	3 March 2015	Amendment Act No. 3 of 2015 certified — enshrines 80% in primary legislation
Effective date	1 June 2015	Section 34A mandating 80% warnings came into force

Source

Amendment Act No. 3 of 2015: Parliament PDF | Tobacco Control Laws analysis

Structure of the amendment (2 operative sections):

Section of Amendment	What it does
Section 2	Amends Section 34 of the principal Act (health warning provisions)
Section 3	Inserts new Section 34A — the 80% pictorial warning mandate

Key changes introduced:

Change	Detail
Section 34A	Health warnings (including images/pictograms) must cover 80% of the top surface area of both front and back of cigarette packets
Rotation requirement	Warnings must be changed every 6 months to prevent "warning fatigue"
Increased penalties	Significantly raised fines for manufacturers/importers failing to display warnings
Three languages	Warnings must be displayed in Sinhala, Tamil, and English

Industry Resistance

The tobacco industry (CTC/BAT) has mounted sustained legal challenges against NATA's regulatory actions. In 2023, the Court of Appeal upheld the ban on flavoured cigarettes (Dunhill Switch, Dunhill Double Capsule, John Player Gold Pro Cool), but investigations in 2024 found some banned products still available for online purchase.

WHO FCTC Implementation

Sri Lanka ratified the WHO FCTC in November 2003 — the first Asian country and fourth globally to do so. The NATA Act directly implements several FCTC articles:

FCTC Article	Implementation in NATA Act
Article 8 (Smoke-free environments)	Section 39 — smoking banned in public places
Article 11 (Packaging and labelling)	Section 34 + Amendment Act 2015 — 80% pictorial warnings
Article 13 (Advertising ban)	Section 35 — comprehensive advertising prohibition
Article 16 (Sales to minors)	Section 31 — sale to under-21s prohibited

Sri Lanka also joined the Protocol to Eliminate Illicit Trade in Tobacco Products in 2016.

Entity Relationships & Governance

Governance Hierarchy (1952 Design)

Level 1: Minister of HealthActiveNational

Policy authority: appoints Chairman and 5 members (S.3(j), S.8), gives directions on Authority policy (S.12), makes regulations (S.30), approves borrowing and property transactions

Level 2: National Authority on Tobacco and Alcohol (NATA)ActiveNational

Body corporate (S.2): 14 members including 9 ex-officio from government ministries/agencies and 5 Ministerially-appointed experts; advises Government on national policy, monitors compliance, coordinates enforcement; quorum of 7 (S.9); subject to Minister's directions (S.12)

Level 3: Authorized OfficersActiveNational

Enforcement arm (S.16-18): Public Health Inspectors and Food & Drug Inspectors designated as Authorized Officers; powers of entry, inspection, seizure, and analysis; authorized to initiate prosecutions

Level 4: Staff of the AuthorityObsoleteOperational

Employees (S.21): appointed by the Authority; deemed public servants under S.26; support administrative and operational functions including the Quit Line 1948

Current Replacement Structure (Post-1989)

Level 1: NationalNational

Minister of Health exercises policy authority over NATA; NATA operates as an autonomous body corporate monitoring and regulating tobacco and alcohol at the national level

Level 2: ProvincialProvincial

Not applicable — NATA's jurisdiction is national; Authorized Officers operate across all provinces

Level 3: RegionalRegional

Not applicable

Level 4: LocalLocal

Enforcement through locally-deployed Authorized Officers (PHIs and Food & Drug Inspectors) across all MOH areas

Data Confidence

Legislative Framework

high

Historical Details

high

Current Operational Status

high

Authorized Officers (S.16-18)

NATA's enforcement arm consists of Authorized Officers designated by the Minister:

• Public Health Inspectors (PHIs) — the primary enforcement officers
• Food & Drug Inspectors — supplementary enforcement

These officers have powers to:

• Enter and inspect any premises where tobacco/alcohol is manufactured, stored, or sold (S.17)
• Seize and detain products suspected of violating the Act (S.18)
• Take samples for analysis by the Government Analyst (S.19)
• Initiate prosecutions for offences under the Act

NATA Operations

NATA operates from Sethsiripaya Stage II, Battaramulla and runs several active programs:

• Quit Line 1948 — telephone counseling and cessation support service
• Tobacco-free zones — expanding across all MOH areas (362+ zones initiated)
• National Symposium on Tobacco & Alcohol Prevention (NSTAP) — annual research forum
• Certificate Course on Cessation & Prevention — professional education program

Definitions (Section 45)

Term	Definition
Tobacco product	Any product manufactured wholly or partly from tobacco
Alcohol product	Any product containing ethyl alcohol for human consumption
Enclosed public place	Any indoor area accessible to the public, including government buildings and public transport
Authorized Officer	Person designated by the Minister under S.16 for enforcement
Advertisement	Any commercial communication promoting tobacco or alcohol products

Research Gaps

• Detailed NATA Fund financial accounts not publicly accessible
• Annual reports to Parliament not consistently published online
• Meeting frequency and records of Authority meetings not publicly documented
• Current status of all regulations made under S.30 not consolidated in one place
• Whether NATA has established formal inter-agency enforcement protocols with Excise and Police is unknown
• Impact assessment of the 2016 e-cigarette ban — compliance rates not publicly documented
• Comprehensive list of all gazette notifications issued under the Act not publicly compiled
• NATA's relationship with the Centre for Combating Tobacco (CCT) at University of Colombo not formally documented in legislation