Tobacco Regulation Of Advertising, Promotion And Consumption Of Products Made With Tobacco - Full Text Of The Norm

Original Language Title: TABACO REGULACION DE LA PUBLICIDAD, PROMOCION Y CONSUMO DE PRODUCTOS ELABORADOS CON TABACO - Texto completo de la norma

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TABACO Law 26.687 Regulation of advertising, promotion and consumption of tobacco products. Default of Acts No. 23,344 and amended Act No. 24,044. Sanctioned: June 1 of 2011 Enacted: June 13 of 2011

The Senate and Chamber of Deputies assembled in Congress, etc. sanction with force of law:

Chapter I

General provisions ARTICLE 1 O This Act regulates the publicity, promotion and consumption of tobacco products for the purpose of the prevention and assistance of the population for the damage caused by smoking.

ARTICLE 2 O The objectives of this Act are:

(a) Reduce consumption of tobacco products;

(b) To minimize the exposure of people to the harmful effects of tobacco products;

(c) Reduce the health, social and environmental damage caused by smoking;

(d) Prevent initiation into smoking, especially in the population of children and adolescents;

(e) To raise awareness among present and future generations of the consequences arising from the consumption of tobacco products and the exposure to smoke of tobacco products.

ARTICLE 3o O All products produced with tobacco are covered in the scope of this law, and those that cannot be identified with or associated with brands of national or imported origin.

ARTICLE 4o O For the purposes of this Act, it is understood that:

(a) Consumption of tobacco products: The act of inhaling, exhaling, chewing, sucking or holding on a product made with tobacco;

(b) Products produced with tobacco: The preparations that use totally or partially as tobacco raw material and are intended to be smoked, sucked, chewed, aspirated, inhaled or used as a rapé;

(c) Smoke of tobacco: The emanation that follows from the combustion of a product produced with tobacco;

(d) Advertising and promotion of tobacco products: It is all forms of communication, 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 demand reduction strategies and the damage associated with the consumption of tobacco products, with the aim of improving the health of the population;

(f) Branding Sponsor for Products Made with Tobacco: Any form of contribution to any act, activity, natural or legal person, public or private, in order to promote the brand of a product made with tobacco;

(g) Packaging of tobacco products: Applies to all packaging, packaging, packaging, box, can or any other device that wraps or contains products made with tobacco in its final consumer sales format;

(h) Closed place of public access: Any space intended for public access, both in the public and private sphere, covered by a ceiling and confined 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 activities are performed or carried out;

(j) Public passenger transportation: Any type of vehicle that circulates through land, air or water used to transport passengers, for commercial purposes;}

(k) Clubs of tobacco smokers: Any entity constituted for the exclusive purpose of offering an area to taste or consume tobacco products;

(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 product made with tobacco and which remains present in the finished product, even if modified, including paper, filter, inks and adhesives;

(m) Direct communication: The one that is not visible or accessible to the general public, and which is addressed to the older public, identified by the identity document of each one of those who have accepted in a fruitful way receive such information.

Chapter II

Advertising, promotion and sponsorship

ARTICLE 5o O Prohibit advertising, promotion and sponsorship of tobacco products, directly or indirectly, through any means of dissemination or communication.

ARTICLE 6o O Except for the prohibition established in the previous article, the publicity or promotion that is made:

(a) Within the places of sale or sale of products made with tobacco, as determined by the regulation of this law;

(b) In commercial publications intended exclusively for persons or institutions involved in the business of cultivation, manufacture, import, export, distribution, deposit and sale of products made with tobacco;

(c) Through direct communications to persons over 18 years of age, provided that their prior consent has been obtained and their age has been verified.

ARTICLE 7o O In all cases advertising or promotion should include one of the following sanitary messages, the text of which will be printed, written in a readable, prominent and proportional form within a white background rectangle with black letters, which must occupy twenty percent (20%) of the total surface of the material subject to advertising or promotion:

(a) Smoking causes cancer;

(b) Smoking causes lung emphysema;

(c) Smoking cause addiction;

(d) Smoking causes sexual impotence;

(e) Smoking causes heart and respiratory diseases;

(f) Tobacco smoke is caused by disease and death;

(g) The 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 about the damage caused by the smoking habit, which will be established for each message by the enforcement authority of this law.

ARTICLE 8o O Prohibit manufacturers and traders of products made with tobacco, perform brand sponsorship and sponsorship in all types of activity or public event, and through any means of dissemination.

ARTICLE 9o O Commend the Federal Audiovisual Communication Services Authority with the control and verification of compliance with the provisions of this chapter by the providers of audio-visual communication and broadcasting services, as provided for in article 81 (j) of Act No. 26.522, providing for the application of the appropriate penalties in the event of a violation, in accordance with Title VI of the same rule, without prejudice to those applicable in the application of this Act.

Chapter III

Packaging of tobacco products ARTICLE 10. The packaging and packaging of products made with tobacco will include an image and a health message that describes the harmful effects of the consumption of products produced with tobacco, in accordance with the list set out in Article 7 of the present, which will be updated by the application authority with a periodicity not exceeding two (2) years or less than one (1) year.

ARTICLE 11. Each sanitary message and its corresponding image will be recorded in each individual package and container of sale to the public of products made with tobacco.

The sanitary message will be written in a (1) black rectangle, on white background with black letters, and will occupy fifty percent (50%) lower than one (1) of the main surfaces exposed. The image will occupy the lower fifty percent (50%) of the other main surface.

The industrializing companies of tobacco products will launch their units to the market, ensuring the homogeneous and simultaneous distribution of the different images and sanitary messages, in the variety provided by the application authority for each period.

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

ARTICLE 13. In the packets and containers of products produced with tobacco, expressions such as "Light" may not be used; "Suave", "Milds", "under the contents of nicotine and tar", or similar terms, as well as descriptive elements, brands or trade, figurative signs or phrases, which have the direct or indirect effect, of creating the false, equivocal or misleading impression that a certain product is produced with no other health.

ARTICLE 14. Please prohibit the placement or distribution of external materials or packaging aimed at preventing, reducing, hindering or diluting the display of the messages, images or information required by this law.

Chapter IV

Composition of tobacco products ARTICLE 15. The composition of tobacco products that are cigarettes or cigarettes intended for trade in the national market must be consistent with the standards prescribed by this law. For these purposes, the above-mentioned products must emanate as a maximum:

(a) eleven milligrams (11 mg) of tar for cigarette or cigar, starting from the first year of the present law, and ten milligrams (10 mg) of tar for cigarette or cigar, starting from the second year of the law;

(b) a milligram with a tenth of a milligram (1.1 mg) of nicotine per cigarette or cigar, starting from the first year of the present law, and a milligram (1 mg) of nicotine by cigarette or cigar, starting from the second year of the law;

c) eleven milligrams (11 mg) of carbon monoxide by cigarette or cigar, starting from the first year of this law, and ten milligrams (10 mg) of carbon monoxide by cigarette or cigar, starting from the second year of the law.

The contents of tar, nicotine and carbon monoxide of cigarettes and cigars will be measured according to ISO 4387 standards; ISO 10315 and ISO 8454, respectively or those that are dictated in the future. Water measurement will be made according to the ISO 10362-1 standard, or the one that is given in the future.

The accuracy of the measurements relating to tar, nicotine and carbon monoxide will be checked in accordance with ISO 8243 or in future.

The laboratories that perform the measurements must have accreditation under ISO 17.025, or those that are determined in the future, for each of the analyses provided for in the above-mentioned standards.

ARTICLE 16 O The Ministry of Health, based on standards that are internationally accepted, shall establish:

(a) The methods of verification of the standards as specified in the previous article;

(b) The information that manufacturers should provide to the enforcement authority and the public about the ingredients used in tobacco products; so that the industrial secrets and formulas of the manufacturers are protected;

(c) The prohibition of the use of certain ingredients provided that it is demonstrated according to international objective scientific criteria and standards, that they increase the inherent total toxicity of products under analysis.

Chapter V

Sales and distribution

ARTICLE 17. The sale, exhibition, distribution and promotion of tobacco products in the following places is prohibited:

(a) Education establishments at all levels, state and private;

(b) Hospital facilities and health care, public and private;

(c) Offices and public buildings;

(d) Public passenger transportation;

(e) Museums or clubs and public entertainment venues such as cinemas, theatres and stadiums.

ARTICLE 18. The sale, distribution, promotion, and delivery of tobacco products to persons under 18 years of age for consumption or for third parties is prohibited. To that end, the seller or seller must verify the age of the buyer, and must require the display of the document that credits it.

ARTICLE 19. The person responsible for the sale, distribution, promotion and delivery of tobacco products by any degree shall be obliged to enforce the provisions set out in articles 17 and 18 as appropriate.

ARTICLE 20. In the interior of the places of sale of products made with tobacco, as well as in the points of sale, distribution and delivery for any title, a (1) poster must be displayed in visible place with the following legend "Prohibited the sale, distribution, promotion or delivery, under any concept of products made with tobacco to children under 18 years of age", and the number of this law.

ARTICLE 21. The sale, offer, distribution, promotion and/or delivery of tobacco products is prohibited:

(a) In open packages;

(b) In closed packages with less than ten (10) units;

(c) Through vending machines;

(d) By any means that prevents verifying the age of the receiver.

ARTICLE 22. The sale, distribution, advertising, promotion and delivery by any title, of articles and products, of use and current consumption that are not products produced with tobacco can be identified or associated with them through the use of logos, emblems or names of brands of tobacco products.

Chapter VI

Environmental protection against smoke of tobacco products ARTICLE 23. Smoking is prohibited in:

(a) Closed workplaces protected by Act No. 19,587 on Hygiene and Labour Security;

(b) Closed places of public access;

(c) Education centres of any level, including institutions where teaching practices are carried out in any form;

(d) Foster care, care and placement of children in maternal and adult garden in nursing homes;

(e) Museums and libraries;

(f) Cultural and sports spaces, including those where events are held massively;

(g) Public passenger transportation;

(h) Terminal transport stations;

(i) Areas in which consumption of tobacco products generates 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 public access, free or restricted, paid or free of charge, not included in the preceding paragraphs.

Non-smoking persons shall have the right to require the owner, legal representative, manager, administrator or responsible to any title of the respective local or establishment, to grant the offender to cease his or her conduct.

ARTICLE 24. They are exempt from the prohibition established in the preceding article: (a) The patios, terraces, balconies and other outdoor areas of the spaces for public access in a free or restricted manner, pays or free of charge, as long as it is not health care or educational establishments, excluding those of the university sphere; (b) Private closed workplaces without attention to the public and without employees serving in the same unit; (c) The smoking clubs of products made with tobacco or tabaquerías with special areas authorized by competent authority.

ARTICLE 25. In places where smoking is prohibited, posters should be placed indicating the prohibition. The respective legend must be written in a legible and prominent form, in signs of a size not less than thirty (30) centimeters of side placed in a visible place, in black letters on a white background, with the other characteristics established by the regulation.

ARTICLE 26. The enforcement authority, in order to facilitate complaints of non-compliance with the provisions of this law, shall at least provide one (1) free telephone number and one (1) e-mail address, which shall be disseminated through the mass media and visibly exposed in the selling sites of tobacco products and in those where consumption is prohibited.

Chapter VII

Implementation authority

ARTICLE 27. The Ministry of Health shall be the authority to apply the present in the national order.

The provinces and the Autonomous City of Buenos Aires will act as local enforcement authorities, exercising control and surveillance over compliance with this law and its regulatory regulations. To that end, they will determine the agencies that will perform such functions, and provincial governments may delegate their powers to municipal governments.

The enforcement authority shall exercise its role without prejudice to the competence of other agencies in their specific areas. In this regard, the Ministry of Health will act with the support of the Ministries of Education, Economics and Public Finance, Production, Federal Planning, Public Investment and Services and the Ministry of Media.

Chapter VIII

Education for prevention

ARTICLE 28. The implementing authority should develop programmes for the prevention and abandonment of tobacco products, designed to be implemented in educational establishments, health centres, workplaces, sports entities and any other type of organization that expresses its willingness to participate in actions against smoking.

ARTICLE 29. The implementation authority, in collaboration with the Ministry of Education, will promote information campaigns, in educational establishments, on 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 research of pathologies linked to smoking, prevention and treatment.

ARTICLE 31. The Ministry of Health, in coordination with the Ministry of Education, will promote information and education for new generations in order to prevent and prevent the initiation of tobacco products.

Special emphasis will also be placed on the danger of smoking for both pregnant and nursing mothers, and for their child ' s health.

Chapter IX

Sanctions

ARTICLE 32. Offences to the provisions of this Act shall be liable to the following penalties, which shall be applied irrespective of the civil or criminal liability that may correspond:

(a) Fine in currency of legal course, equivalent to the final consumer value of between two hundred fifty (250) and one thousand (1000) packs of twenty (20) cigarettes of the highest price marketed in the country in case of non-compliance when the norm is breached in Chapters V and VI. In case of recidivism such a fine may reach a value of up to two thousand five hundred (2500) packages with the same characteristics;

(b) Fine in pesos equivalent to the value of sale to the final consumer of ten thousand (10.000) to one hundred thousand (100.000) packets of twenty (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 recidivism, the fine can be raised to the equivalent value of one million (1,000,000) of packages of the aforementioned;

(c) confiscation and destruction of materials and products produced or marketed in violation of the provisions of this Act;

(d) Closure of the premises, institution or any other establishment where the provisions of this Act are contrary.

ARTICLE 33. Offences to the provisions of this Act shall be tried and executed by local jurisdictions.

The amount of fines received by each jurisdiction shall be allocated for the financing of the expenses required by this law. Sanctions established in the preceding article may be accumulated and graduated in accordance with their gravity or reiteration.

ARTICLE 34. The sanctions established by this Act shall be applied, subject to a summary guaranteeing the right of defence, through the national or local health or trade authorities, where applicable, without prejudice to the competence of other bodies in this field.

ARTICLE 35. The Ministry of Health will create a national register of violators of this law, and will 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 that demands compliance with this law shall be financed by the resources from:

(a) Proceedings of established fines;

(b) The amounts allocated for this purpose in the National Administration Budget;

(c) Donations and legacies to that specific destination.

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

ARTICLE 38. The instrumentation of articles 5o, 6o, 7o and 8o will begin to govern 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 its exclusive competence, rules of similar nature to those laid down by the present for the national level.

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

ARTICLE 41. Act No. 23,344 and amended Act No. 24,044 were repealed.

ARTICLE 42. Contact the national executive branch.

THE FIRST JUNE OF THE YEAR DOS MIL ONCE.

_

JOSE J. B. PAMPURO. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.