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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TOBACCO law 26.687 regulation of advertising, promotion and consumption of products made from tobacco. Repeal laws N ° 23.344 and its amendment law No. 24.044. Sanctioned: 1 June 2011 promulgated: 13 June 2011 the Senate and Chamber of deputies in Congress, etc. they attest to the force of law: chapter I provisions general article 1º - this law regulates advertising, promotion and consumption of products made from tobacco for the purposes of the prevention and care of the population given the damage that produces tobacco.
Article 2º - the objectives of this law are: to) reduce the consumption of products made from tobacco; b) to minimize the exposure of people to the harmful effects of processed products with tobacco smoke; (c) reduce the health, social and environmental damage caused by smoking; (d) prevent the initiation into smoking, especially among the population of children and adolescents; (e) educate present and future generations from the consequences produced by the consumption of tobacco products and exposure to the smoke of tobacco-based products.
Article 3º - covered by the scope of this law all products made from tobacco, and that without being one may identify with brands or partnering with them, national and imported.
Article 4th - for the purposes of this Act, is defined as: to) consumption of tobacco products: the Act of inhaling, exhaling, chew, suck or hold on a product made of tobacco; (b) tobacco-based products: preparations using total or partially as raw tobacco and are intended to be smoked, sucked, chewed, sucked, inhaled or used as snuff; (c) tobacco smoke: emission given off by the combustion of a product made of tobacco; (d) advertising and promotion of tobacco products: is any form of communication, recommendation or commercial action with the purpose, effect or the potential effect of directly or indirectly promoting the consumption of products made from tobacco; (e) control of tobacco-based products: various strategies of demand reduction and harm associated with the consumption of tobacco products in order to improve the health of the population; (f) products made of tobacco brand sponsorship: any form of contribution to any event, activity, person physical or legal, public or private, in order to, or for the purpose of promoting the brand of a product made of tobacco; (g) packaging of tobacco products: applies to all container, package, packaging, box, Tin or any other device that wrap or contains products made from tobacco in its format of sale to the final consumer; (h) public access enclosed: all space intended for public access, both the public and private, covered by a roof and bordered by walls, regardless of whether the structure is permanent or temporary; (i) closed workplace: any area or sector closed within a building or establishment, fixed or mobile, where work or labour activities; (j) means of public transport: all kinds of vehicle running by land, air or water used to carry passengers for commercial purposes; (k) clubs of smokers of tobacco-based products: any entity constituted for the sole purpose of providing a scope for taste or consume products made of tobacco; (l) ingredients: any substance or any component other than the leaves and other natural or unprocessed parts of the tobacco plant used in the manufacture or preparation of a tobacco product and which is still present in the finished product, albeit in modified form, including paper, filter, inks and adhesives; (m) direct communication: that is not visible or accessible to the public in general, and that is directed to the public of age, identified by the identity of each document that been informing agreed to receive such information. Chapter II advertising, promotion and sponsorship article 5º - ban advertising, promotion and sponsorship of products made from tobacco, directly or indirectly, by any means of dissemination or communication.
Article 6º - exempt from the prohibition set out in the previous article, to advertising or promotion is done: to) inside the places of sale or dispensing of products made from tobacco, according to determine the regulation of this law; (b) in trade publications intended exclusively to persons or institutions that are involved in the business of farming, manufacturing, import, export, distribution, deposit and sale of tobacco products; (c) by direct communications eighteen (18) years or older, to always who obtained their prior consent and verify your age.
Article 7º - in all cases the publicity or promotion must include one of the following health messages, the text shall be printed, written in readable, prominent and proportional form a rectangle of white background with black letters, that it should occupy the twenty percent (20%) of the total surface area of the material subject to advertising or promotion (: a) smoking cause cancer; b) smoking causes emphysema; (c) smoking causes addiction; (d) smoking causes sexual impotence; (e) smoking causes diseases cardiac and respiratory; (f) tobacco smoke is a cause of disease and death; (g) the pregnant woman who smokes causes irreparable damage to his son; (h) smoking causes death by suffocation; (i) smoking removes years of life; j) smoking may cause amputation of leg. A glyph's warning about the damage that causes the habit of smoking, which will be established by the authority of this Act for each message will be included in all cases.
Article 8º - prohibited to manufacturers and wholesalers of processed products with tobacco, making the auspices and sponsorship of brand in all types of activity or public event, and through any medium.

Article 9º - to instruct the Federal service authority of Audiovisual Communication control and verification of the compliance with the provisions of this chapter by the providers of audiovisual communication and broadcasting services, in accordance with provisions of article 81 paragraph j) Law 26.522, provided the application of the penalties that apply in the event of infringement, pursuant to Title VI of the same standard , notwithstanding that apply by application of this law. Chapter III packaging of products made from tobacco article 10. -The packaging and containers of tobacco products will insert an image and a health message describing the harmful effects of the consumption of products made from tobacco, in accordance with the list set out in article 7 of the present, which will be updated by the enforcement authority at intervals not exceeding two (2) years and not less than one (1) year.
ARTICLE 11. -Each health message and its corresponding image will be entered in each package and individual package for sale to the public of the products made from tobacco. The health message will be written in a (1) black rectangle over white background with black letters, and will occupy the fifty percent (50%) one (1) of the principal surfaces exposed bottom. The image will be fifty percent (50%) other main surface below. Industrial products made from tobacco companies will launch their units to the market, ensuring uniform and simultaneous distribution of different images and health messages, in the variety which has arranged the Authority's application for each period.
ARTICLE 12. -Packets and containers of tobacco products must also be in one (1) of its sides, service information free to quit smoking to provide the Ministry of health. article 13. -In packages and containers of tobacco products expressions such as "Light"; may not be used "Soft", "Milds", "low in tar and nicotine content", or similar terms, as well as descriptive elements, marks of factory or trade, figurative signs, or phrases, which have the effect, directly or indirectly, create the false, misleading or deceptive impression that a particular tobacco product is less harmful than another or that may lead to errors with respect to its characteristics health effects, hazards or emissions.
ARTICLE 14. -Prohibit the placement or distribution of materials or external wrappers that have the purpose of preventing, reducing, hinder or dilute the display of messages, images, or information required by this law. Chapter IV-composition of products made from tobacco article 15. -The composition of processed products with tobacco cigarettes or cigarillos to trade in the domestic market, must conform to the standards prescribed by this law. For these purposes the products mentioned should emanate maximum: a) eleven (11 mg) milligrams of tar per cigarette, or cigarette, starting from the first year of entry into force of this law, and ten (10 mg) milligrams of tar per cigarette, or cigarette, starting from the second year of the same; (b) a milligram with one-tenth of a milligram (1.1 mg) of nicotine per cigarette, or cigarette, starting from the first year of entry into force of this Act, and a milligram (1 mg) of nicotine per cigarette, or cigarette, starting from the second year of the term of the same; (c) eleven milligrams (11 mg) of carbon monoxide per cigarette, or cigarette or cigarette, starting from the first year of entry into force of this law, and ten milligrams per cigarette carbon monoxide (10 mg), starting from the second year of the term of the same. The content of tar, nicotine and carbon monoxide from cigarettes and cigarillos will be measured according to standards ISO 4387; ISO 10315 and 8454 ISO, respectively or which in the future will dictate. Water measurement will be done according to the standard ISO 10362-1, or which in the future will dictate. The accuracy of the measurements concerning the tar, nicotine and carbon monoxide shall be checked according to the standard ISO 8243 or which in the future will dictate. Laboratories carrying out measurements must have accreditation under the ISO 17.025 standard, or which in the future handed down, for each of the analyses referred to in the above mentioned rules.
Article 16 - the Ministry of health, based on standards, which are accepted internationally, establish: to) methods of verification of the standards according to the regulated in the previous article; (b) the information that manufacturers must provide to the enforcement authority and the public about the ingredients used in products made with tobacco; so protected are the formulas of manufacturers; and industrial secrets (c) the prohibition of the use of certain ingredients always which is demonstrated according to objective scientific criteria and international standards, that they increase the total inherent toxicity of the products under analysis. Chapter V sale and distribution article 17. (-Is prohibited the sale, display, distribution and promotion by any title, of products made from tobacco in the following places: to) all levels, State and private schools; (b) establishments hospitals and the health care, public and private; (c) offices and public buildings; (d) means of public passenger transport; (e) headquarters in museums or clubs and auditoriums public such as cinemas, theatres and stadiums.
ARTICLE 18. -Prohibits the sale, distribution, promotion, and delivery by any title, of tobacco products to minors under eighteen (18) years for consumption or for the third party. For these purposes, the seller or dealer should check the age of the purchaser, and must require the display of the document attesting it.
ARTICLE 19. -Responsible for the sale, distribution, promotion and delivery by any title, of processed products with tobacco, is obligated to enforce the provisions laid down in articles 17 and 18 as applicable to their activity.

ARTICLE 20. -Inside the places of sale of products made from tobacco, as well as at points of sale, distribution and delivery for any title, (1) poster with the following legend must display in a visible place "Prohibited the sale, distribution, promotion or delivery, under any concept of products made from tobacco to minors under 18", and the number of the present law.
ARTICLE 21. (- Prohibited the sale, offer, distribution, promotion and/or delivery, by any degree of tobacco-based products: a) on open packets; (b) in packages with less than ten (10) units; (c) by vending machines; (d) by any means preventing verify the age of the recipient.
ARTICLE 22. -Prohibits the sale, distribution, advertising, promotion, and delivery by any title, of articles and products, use and current consumption that being products made from tobacco, yet can be identified or partnering with them through the use of logos, emblems or names of tobacco-based products. Chapter VI environmental protection from the smoke of tobacco article 23 products. (- Smoking is prohibited in: to) closed workplaces covered under the 19.587 labour safety and hygiene; (b) closed places of public access; (c) schools of all levels, including institutions where teaching practices carried out in any of its forms; (d) establishment of guardian, care and placement of children in maternal garden and adults in nursing homes; e) museums and libraries; f) spaces cultural and sports, including those where occur events massively; (g) means of public passenger transport; (h) transport terminal stations; (i) Areas where the consumption of tobacco products generated a high risk of combustion by the presence of flammable materials, stations dispensing fuel, storing them or explosive materials or similar sites; (j) any other enclosed space intended for the public, either free or restricted access, paid or free, not included in the preceding paragraphs. People not smokers have the right to demand that the owner, legal representative, Manager, administrator or any title of the respective local or establishment responsible for, asked the offender to cease in their behavior.
ARTICLE 24. (- Excepted from the prohibition provided for in the foregoing article: to) patios, terraces, balconies and other areas outdoor spaces to the public either free or restricted access, paid or free, while no case of care facilities of health or education, excluded those of the University level; (b) workplaces closed private without public and without employees who fulfil functions in that same dependence; (c) the Club of smokers of products made from tobacco or tobacco shops with special areas enabled by competent authority.
ARTICLE 25. -In the places in which governs the prohibition of smoking, signs indicating such prohibition should be placed. The respective legend must be written in so legible and prominently, on signs of a size not less than thirty (30) cm from side placed in a visible place, in black letters on a white background, with other features that set the rules.
ARTICLE 26. -The enforcement authority, in order to facilitate claims for breach of the provisions of this law, will enable at least a toll-free telephone number (1) and a (1) e-mail address, which must be disseminated through the mass media and exposed in visible form in places of sale of manufactured tobacco products and in those where its consumption is prohibited. Chapter VII article 27 enforcement authority. -It will be authority for application of this in the national order of the Ministry of health. The provinces and the autonomous city of Buenos Aires will act as local law-enforcement authorities, exercise control and supervision over compliance with this Act and its regulations. To that end, will determine the bodies which shall carry out such functions, allowing provincial governments delegate powers to municipal governments. The enforcement authority shall exercise its function without prejudice to the competence of other agencies in their specific areas. In this regard the Ministry of health, it will act with the support of the ministries of education, of economy and finance, of production, of Federal Planning, public investment and services and of the Secretariat of communication media. Chapter VIII education for prevention article 28. -The enforcement authority should formulate programmes of prevention and cessation of tobacco products, intended to be implemented in educational establishments, health centres, workplaces, sports entities and all other types of organization that expresses its willingness to participate in actions against smoking.
ARTICLE 29. -The enforcement authority, in collaboration with the Ministry of education, will promote the realization of information campaigns, educational establishments, about the risks posed by the consumption of tobacco products.
ARTICLE 30. -Professional careers in health should include in their curriculum content the study and research of diseases related to smoking, their prevention and treatment.
ARTICLE 31. -The Ministry of health, in coordination with the Ministry of education, will promote information and education of the new generations, in order to prevent and avoid the initiation in the consumption of tobacco products. Also will be special emphasis in danger which means smoking as much for the pregnant woman and the mother/infant, as to the health of your child. Chapter IX sanctions

ARTICLE 32. (-Violations of the provisions of this law there will be the following sanctions, which apply irrespective of the civil or criminal liability that might apply: to) fine in legal, equivalent to the tender to the final consumer of between two hundred and fifty (250) and one thousand (1000) twenty (20) the largest cigarette packages price marketed in the country in the event of non-compliance when it is suspendue as regulated in chapters V and VI. in case of recidivism such fine may reach a value of up to two thousand five hundred (2500) packets with the same characteristics; (b) fine in pesos equivalent to the value of sales to the ultimate consumer of ten thousand (10,000) to one hundred thousand (100,000) twenty (20) cigarette packs of the highest value marketed in the country, in the event of violation of the provisions of chapters II, III and IV. In case of recidivism, the fine can rise up to the value of one million (1,000,000) packet from the previously set forth; (c) confiscation and destruction of materials and manufactured or marketed products that are in violation of the provisions established by this law; (d) closure of the premises, institution or any other establishment where it contravenes promised in this law.
ARTICLE 33. -Violations of the provisions of this law shall be judged and executed by local jurisdictions. The amount of the fines received by each jurisdiction will be destined to the financing of expenditures that requires compliance with the present law. The penalties established in the preceding article may accumulate and will graduate according to its seriousness or repetition.
ARTICLE 34. -The penalties established by this law shall be applied, previous summary which guarantees the right of defence, through national health or trade, authorities or local, when appropriate, without prejudice to the competence of other bodies in the matter.
ARTICLE 35. -The Ministry of health will create a national registry of offenders of this law, and will keep it updated coordinating their actions with the other jurisdictions involved in the enforcement of this law. Chapter X provisions end item 36. (- Spending that requires the fulfillment of this law will be financed with resources coming from: to) the proceeds from fines laid down; (b) the amounts that these purposes are allocated in the budget of the national administration; (c) donations and bequests that are carried out with that specific destination.
ARTICLE 37. -This Act shall enter into force as from the day following its publication, with the exception of the provisions of articles 10, 11, 12 and 13, which will make it one (1) year after.
ARTICLE 38. -The implementation of articles 5 th, 6 th, 7 th and 8 th will begin to run upon the hundred and eighty (180) days of publication of the present law.
ARTICLE 39. -Invite the provinces and the autonomous city of Buenos Aires to sanction, for the field of exclusive jurisdiction, rules of similar nature stipulated hereby to the national level.
ARTICLE 40. -The Executive power will regulate this law within one hundred and eighty (180) days of posted.
ARTICLE 41. -Repealing the law 23.344 and its amendment law 24.044.

Date of publication: 14/06/2011