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Regulation Of Advertising, Promotion And Consumption Of Products Made From Tobacco. Repeal Laws N ° 23.344 And Its Amendment Law No. 24.044

Original Language Title: Regulación de la publicidad, promoción y consumo de los productos elaborados con tabaco. Deróganse las Leyes N° 23.344 y su modificatoria Ley N° 24.044

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Law 26,687

Regulation of the advertising, promotion and consumption of tobacco products. The laws N ° 23,344 and its amending Law No 24,044 are repealed. Sanctioned: June 1, 2011 Enacted: June 13, 2011

The Senate and Chamber of Deputies meeting in Congress, etc., are sanctioned by law:

Chapter I General provisions

Article 1-This law regulates the advertising, promotion and consumption of tobacco products for the purpose of preventing and assisting the population in the face of the damage caused by smoking.

Article 2-These are objectives of this law: (a) Reduce the consumption of tobacco products; (b) minimise exposure of persons to the harmful effects of smoke from tobacco products; (c) Reduce health damage; (d) Prevent initiation of smoking, especially in the population of children and adolescents; e) Concierge to present and future generations of the consequences produced by the consumption of products made from tobacco and from exposure to smoke from tobacco products.

ARTICLE 3-All products manufactured with tobacco are included in the scope of this law, and those without being able to identify with or associate with them, of domestic or imported origin.

ARTICLE 4-For the purposes of this law, it is understood by: (a) Consumption of products manufactured with tobacco: The act of inhaling, exhaling, chewing, sucking or holding on a product made from tobacco; (b) Products made from tobacco: Preparations which use wholly or in part as raw material tobacco and are intended to be smoked, sucked, chewed, sucked, inhaled or used as snuff; (c) Tobacco smoke: The emanation resulting from the combustion of a product manufactured with tobacco; (d) Advertising and promotion of products manufactured with tobacco: It is all forms of communication,

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recommendation or commercial action for the purpose, effect or possible effect of directly or indirectly promoting the consumption of tobacco products; e) Control of tobacco products: the various reduction strategies of the demand and the damage associated with the consumption of manufactured tobacco products, with the aim of improving the health of the population; (f) Sponsorship of products manufactured with tobacco: All forms of contribution to any act, activity, person physical or legal, public or private, for the purpose, or for the purpose of promoting the trade mark of a product Manufactured tobacco; g) Packaging of products manufactured with tobacco: It applies to any packaging, packaging, packaging, box, tin or any other device which enrolls or contains products made from tobacco in its format of sale to the consumer (h) Closed place of public access: Any space for public access, both public and private, covered by a roof and confined by walls, irrespective of whether the structure is permanent or temporary; closed work: Any area or sector closed within a building or establishment, fixed or mobile, in where work activities are carried out or carried out; (j) Public passenger transport means: any type of vehicle which circulates by land, air or water used to carry passengers for commercial purposes; Tobacco products: Any entity incorporated solely for the purpose of offering a scope for tasting or consuming products made of tobacco; (l) Ingredients: Any substance or any component other than leaves and other natural or unprocessed parts of the tobacco plant used in the manufacture or preparation of a product manufactured with tobacco and which is still present in the finished product, but in a modified form, including paper, filter, inks and adhesives; (m) Direct communication: Aquella which is not visible or accessible to the public in general, and which is addressed to the elderly public, identified by the identity card of each of those who have accepted in a feisty way to receive such information. Chapter II Advertising, promotion and sponsorship

ARTICLE 5-Prohibits the advertising, promotion and sponsorship of products manufactured with tobacco, in direct or indirect form, through any means of dissemination or communication.

ARTICLE 6-Except for the prohibition laid down in the preceding article, for the advertising or promotion carried out: (a) Within the places of sale or sale of products manufactured with tobacco, in accordance with the rules laid down in this Law; (b) In commercial publications intended exclusively for persons or institutions which are find involved in the business of cultivation, manufacture, import, export, distribution, deposit and sale of manufactured tobacco products; c) Through direct communications to over eighteen (18) years, provided it is obtained their prior consent and their age has been verified.

Article 7-In all cases, advertising or promotion shall include one of the following health messages, the text of which shall be printed, written in a legible, prominent and proportional form within a white background rectangle with black letters, which must occupy 20% (20%) of the

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total surface area of the material object of advertising or promotion: a) Smoking causes cancer; b) Smoking causes lung emphysema; c) Smoking causes addiction; d) Smoking causes sexual impotence; e) Smoking causes cardiac and respiratory diseases; f) Tobacco smoke is cause of illness and death; g) Pregnant woman who smokes causes irreparable damage to her child; h) Smoking causes death by asphyxiation; i) Smoking takes away years of life; j) Smoking can cause leg amputation. In all cases a warning pictogram will be included on the damage caused by the smoking habit, which will be established for each message by the enforcement authority of this law.

ARTICLE 8-Prohibit manufacturers and merchants of manufactured tobacco products, sponsor and sponsor brand names in all types of activities or public events, and through any means of dissemination.

ARTICLE 9º-The audit and verification of compliance with the provisions of this Chapter by the providers of audiovisual media services and verification of compliance with the provisions of this Chapter in accordance with the provisions of Article 81 (j) of Law 26,522, the application of the penalties applicable in the event of an infringement, in accordance with the provisions of Title VI of the same rule, shall be applied without prejudice to correspond to the application of this law. Chapter III Packaging of products manufactured with tobacco

ARTICLE 10. -Packaging and packaging of manufactured tobacco products shall bear an image and a health message describing the harmful effects of the consumption of tobacco products in accordance with the list set out in Article 7 of the present, which shall be updated by the implementing authority at a frequency not exceeding two (2) years and not less than one (1) year.

ARTICLE 11. -Each health message and its corresponding image shall be recorded in each package and individual sales package to the public of the tobacco products. The sanitary message shall be written in a black rectangle (1), on a white background with black letters, and shall occupy fifty per cent (50 per cent) lower than one (1) of the main surfaces exposed. The image will occupy fifty per cent (50%) lower of the other main surface. The industrial companies of tobacco products shall launch their units to the market, ensuring the uniform and simultaneous distribution of the different images and health messages, in the variety which the authority has provided for. application for each period.

ARTICLE 12. -Packages and packages of tobacco products should also include, in one (1) of their side, information on the free service to quit smoking provided by the Ministry of Health.

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ARTICLE 13. -In packages and packages of products manufactured with tobacco, expressions such as "Light", "Suave", "Milds", "low content of nicotine and tar", or similar terms, as well as descriptive elements, factory marks or trade, figurative signs or phrases, having the direct or indirect effect, of creating the false, misleading or misleading impression that a given tobacco product is less harmful than another or that it may be misleading in respect of its characteristics, health effects, risks or emissions.

ARTICLE 14. -prohibit the placement or distribution of external materials or wrappers that have the purpose of preventing, reducing, hindering or diluting the display of the messages, images or information required by this law. Chapter IV Composition of products manufactured with tobacco

ARTICLE 15. -The composition of tobacco products that are cigarettes or cigarillos intended for trade in the national market, must conform to the standards prescribed by this law. For these purposes the products mentioned above must be maximum: (a) 11 milligrams (11 mg) of tar by cigarette or cigarette, from the first year of validity of this law, and ten milligrams (10 mg) of tar by cigarette or cigarette, from the second year of validity of this law; milligram with a tenth of milligram (1.1 mg) of nicotine per cigarette or cigarette, from the first year of validity of this law, and one milligram (1 mg) of nicotine per cigarette or cigarette, from the second year of validity of the same; (c) 11 milligrams (11 mg) of carbon monoxide per cigarette or cigarette, from the first year of validity of the This law, and ten milligrams (10 mg) of carbon monoxide per cigarette or cigarette, from the second year of its validity. The tar, nicotine and carbon monoxide content of cigarettes and cigarillos shall be measured according to ISO 4387; ISO 10315 and ISO 8454, respectively or in the future. The water measurement shall be carried out in accordance with ISO 10362-1, or in the future, it shall be given. The accuracy of the tar, nicotine and carbon monoxide measurements shall be checked in accordance with ISO 8243 or in the future. The laboratories carrying out the measurements must be accredited under the ISO 17,025 standard, or those which in the future are given, for each of the analyses referred to in the above rules.

ARTICLE 16-The Ministry of Health, based on standards, which are internationally accepted, shall establish: (a) The methods of verification of standards as laid down in the previous Article; (b) Information to be provided by manufacturers to the implementing authority and to the public on the ingredients used in the products (c) The prohibition of the use of certain ingredients, provided that it is demonstrated according to objective and standard scientific criteria, that the use of certain ingredients should be protected international, which increases the inherent total toxicity of the products under analysis. Chapter V Sale and distribution

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ARTICLE 17. -the sale, exhibition, distribution and promotion of products manufactured with tobacco in the following places shall be prohibited: (a) Education establishments at all levels, state and private; (b) Establishment Public and private hospitals and health care; c) Offices and public buildings; d) Public passenger transport; e) Sedes of museums or clubs and public entertainment venues such as cinemas, theatres and stadiums.

ARTICLE 18. -It is prohibited to sell, distribute, promote, and deliver for any title, of products made with tobacco to minors of eighteen (18) years for their consumption or for that of third parties. For such purposes, the seller or distributor must verify the age of the buyer, and must demand the display of the document that establishes it.

ARTICLE 19. -The person responsible for the sale, distribution, promotion and delivery for any title, of products manufactured with tobacco, shall have the obligation to enforce the provisions laid down in Articles 17 and 18 as appropriate to its activity.

ARTICLE 20. -Within the places of sale of products manufactured with tobacco, as well as at points of sale, distribution and delivery for any title, a (1) poster with the following legend must be displayed in a visible place " Forbidden the sale, distribution, promotion or delivery, under any concept of tobacco products to under 18 years old ", and the number of this law.

ARTICLE 21. -The sale, offer, distribution, promotion and/or delivery, for any title of products manufactured with tobacco: a) In open packages; b) In closed packages with less than ten (10) units; c) Through vending machines; By any means to prevent the age of the recipient from being verified.

ARTICLE 22. -The sale, distribution, advertising, promotion and delivery for any title, of articles and products, of use and current consumption, which are not yet products made with tobacco, can be identified or associated with them through the use of logos, emblems or brand names of tobacco products. Chapter VI Environmental protection against smoke from tobacco products

ARTICLE 23. -Smoking is prohibited in: (a) Closed workplaces protected by law 19.587 of Hygiene and Safety of Work; (b) Closed places of public access; (c) Schools of any level, including institutions where practices are carried out teachers in any of its forms; d) Establishment of guardors, care and hospitalization of children in maternal and adult gardens in nursing homes; and) Museums and libraries;

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(f) Cultural and sporting spaces, including those where events are held in a massive way; g) Means of public passenger transport; (h) Terminal transport stations; (i) Areas in which the consumption of manufactured tobacco products generate a high risk of combustion due to the presence of flammable materials, fuel stations, storage sites of the same or explosive or similar materials; (j) Any other closed space for access to public, in a free or restricted form, paid or free, not included in the preceding points. Non-smoking persons shall have the right to require the owner, legal representative, manager, administrator or responsible for any title of the respective local or establishment, to conmine the offender to cease his conduct.

ARTICLE 24. -Except for the prohibition laid down in the preceding Article: (a) the courtyards, terraces, balconies and other outdoor areas of the spaces for public access in free or restricted form, pay or free, in the case of health care or teaching establishments, excluding (b) Private closed workplaces with no public service and no employees fulfilling their duties in the same department; c) Smoking clubs for tobacco products or tobacco products with special areas enabled by competent authority.

ARTICLE 25. -In the places where the smoking ban is concerned, posters indicating such a ban should be affixed. The respective legend must be written in a legible and prominent form, on signs of a size not less than thirty (30) centimetres of side placed in a visible place, in black letters on a white background, with the other characteristics which establish the rules.

ARTICLE 26. -the implementing authority, in order to facilitate complaints of non-compliance with the provisions of this law, shall provide at least one (1) free telephone number and one (1) e-mail address, which must be The European Commission has been able to make a statement on the basis of the information provided by the Commission on the basis of the information provided by the European Commission. Chapter VII Application Authority

ARTICLE 27. -The Ministry of Health shall be the enforcement authority of the national order. The provinces and the Autonomous City of Buenos Aires will act as local enforcement authorities, exercising control and oversight over compliance with this law and its regulatory norms. To this end, they will determine the bodies that will fulfill these functions, and the provincial governments can delegate their powers to the municipal governments. The implementing authority shall exercise its function without prejudice to the competence of other bodies in its specific areas. In this sense, the Ministry of Health will act with the support of the Ministries of Education, Economy and Public Finance, Production, Federal Planning, Public Investment and Services and the Secretariat of the Media. Chapter VIII Education for prevention

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ARTICLE 28. -the implementing authority shall formulate programmes for the prevention and abandonment of the consumption of tobacco products intended to be implemented in educational establishments, health centres, workplaces, sports bodies and any other type of organisation that expresses its willingness to participate in anti-smoking actions.

ARTICLE 29. -The implementing authority, in collaboration with the Ministry of Education, will promote the implementation of information campaigns, in educational establishments, about the risks involved in the consumption of tobacco products.

ARTICLE 30. -Professional careers related to health should include in their curricular contents the study and investigation of the pathologies linked to smoking, their prevention and treatment.

ARTICLE 31. -The Ministry of Health, in coordination with the Ministry of Education, will promote the information and education of the new generations, in order to prevent and avoid the initiation into the consumption of products made with tobacco. Special emphasis will also be placed on the danger of smoking both for pregnant women and the breastfeeding mother, and for the health of their child. Chapter IX Sanctions

ARTICLE 32. -infringements of the provisions of this law shall be subject to the following penalties, which shall apply irrespective of the civil or criminal liability which may be: (a) Fine in legal tender, equivalent to the value to the final consumer of between two hundred and fifty (250) and one thousand (1000) packages of twenty (20) cigarettes of the highest prices placed on the market in the country in the event of non-compliance when the standard in Chapters V and VI is breached. In the event of a recidivism such a fine may reach a value of up to two thousand five hundred (2500) packages with the same characteristics; b) Multa in pesos equivalent to the value of sale to the final consumer of ten thousand (10,000) to one hundred thousand (100,000) packages 20 (20) cigarettes of the highest value marketed in the country, in case of violation of the provisions of Chapters II, III and IV. In the event of a recidivism, the fine can be raised to the value equivalent to one million (1,000,000) of packages of the above mentioned; (c) Neglect and destruction of the materials and products manufactured or marketed in the violation of the provisions laid down by this law; (d) Closing of the premises, institution or any other establishment in which the provisions of this law are contravened.

ARTICLE 33. -Violations of the provisions of this law shall be judged and enforced by the local jurisdictions. The amount of the fines collected for each jurisdiction will be allocated to the financing of the expenses that will be required to comply with this law. The penalties provided for in the preceding Article may be cumulated and graduated according to their seriousness or reiteration.

ARTICLE 34. -The penalties provided for in this law shall be applied, prior to a summary which guarantees the right of defence, through the health or trade authorities, national or

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where appropriate, without prejudice to the competence of other bodies in the field.

ARTICLE 35. -The Ministry of Health will create a national registry of violators of this law, and keep it updated by coordinating its actions with the other jurisdictions involved in the enforcement of this law. Chapter X Final provisions

ARTICLE 36. -the expenditure required by this law shall be financed from the resources of: (a) the production of the fines established; (b) the sums to be allocated to those purposes in the budget of the National Administration; (c) donations and legacies that are made with that specific destination.

ARTICLE 37. -This law shall enter into force from the day following that of its publication, with the exception of the provisions of Articles 10, 11, 12 and 13, which shall do so one (1) year later.

ARTICLE 38. -The instrumentation of articles 5, 6, 7 and 8 will begin to apply from the one hundred and eighty (180) days of the publication of this law.

ARTICLE 39. -Invite the provinces and the Autonomous City of Buenos Aires to sanction, for the scope of their exclusive competence, rules of similar nature to those laid out by the present for the national sphere.

ARTICLE 40. -The Executive Branch will regulate this law within one hundred and eighty (180) days of publication.

ARTICLE 41. -Law 23.344 is repealed and amended law 24,044.


Date of publication: 14/06/2011

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