19 JULY 2004. - An Act to amend the Consumer Health Protection Act of 24 January 1977 with respect to food and other products (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and Noux sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Article 6 of the Act of 24 January 1977 on the Protection of Consumer Health with regard to food and other products, as amended by the Act of 22 March 1989, is supplemented by §§ 4 and 5, as follows:
Ҥ4. It is prohibited to sell tobacco products to young people under the age of 16.
Any person who intends to purchase tobacco products may be required to prove that they have reached the age of 16.
In the interest of public health, the King may submit the places where tobacco products are traded, subject to the obligation to post warnings regarding the harmfulness of tobacco products and/or mentions regarding the conditions of sale referred to in paragraph 1^er.
In the interest of public health, the King may take all measures preventing young people under the age of sixteen from purchasing tobacco products through automatic distribution devices.
§ 5. The King may prohibit the joint sale and/or offer to tobacco-based products that are intended to mask health warnings on tobacco products. »
Art. 3. In Article 7, § 2bis of the same law, inserted by the law of 10 December 1997 are made the following amendments:
1. at 2°, the first dash is replaced by the following:
" - advertising for tobacco products, made in newspapers and periodicals published outside the European Union, except where this advertisement or import of these newspapers or periodicals is the main purpose of promoting tobacco products on the Belgian or community market; »;
2. the 2° is completed as follows:
" - advertising for tobacco products made in printed publications exclusively for pro-fessional tobacco trade. »;
3. 3°, partially cancelled by the Arbitration Court in Decision 102/99 of 30 September 1999, is replaced by the following provision:
« 3° It is prohibited to use a brand, which is primarily to be known to a tobacco product, for advertising purposes in other areas, as long as the mark is used for a tobacco product.
This provision does not derogate from the right of companies to advertise for products of their registered trademark that are not tobacco products, provided that:
- the turnover for tobacco products marketed under the same trademark, even by another company, does not exceed half of the turnover for products other than the tobacco of the brand in question, and
- this brand was originally filed for products that are not tobacco products. »;
4. § 2bis is completed as follows:
« 4° The prohibitions referred to in 3° do not apply:
- for use, for advertising purposes in other areas of a brand that owes mainly its reputation to a tobacco product, in newspapers and publications published outside the European Union, except where such advertising or import of these newspapers or periodicals is the main purpose of advertising for such a brand on the Belgian or community market;
- fortuite use in other areas of a brand, which owes mainly its reputation to a tobacco product, made as part of the communication to the public of an event that takes place abroad, except where such use or communication to the public of this event is intended to promote such a brand in the Belgian market;
- on display of a brand, which owes mainly its reputation to a tobacco product, inside and on the front of stores in which the products of that brand are sold;
- to the advertising of a brand, which owes mainly its reputation to a tobacco product, made in printed publications exclusively for trade professionals of such a brand.
By derogation from point 3°, the Minister may authorize the use of a mark that, in particular, owes its notoriety to a tobacco product, for advertising purposes if the link between tobacco products and derivatives cannot be made. The Minister shall determine the terms and conditions for the execution of this subsection. For this purpose, it takes into account, inter alia, the fact that the name, mark, symbol and any other distinctive element of the product or service is clearly distinct from those used for tobacco products. »
Art. 4. In section 14 of the Act, as amended by the Act of 22 March 1989, the words "in contravention of the provisions of the orders made pursuant to section 2, paragraphs 1^er and 2, Article 3, 1°, (a) and 2° to 5°, Article 4, § 4, Article 6, § 1^er and Article 8, shall be replaced by the words "in contravention of the provisions of Article 6, § 4 and of the decrees made pursuant to Article 2, paragraphs 1^er and 2, Article 3, 1°, (a) and 2° to 5°, Article 4, § 4, Article 6, §§ 1^er4 and 5 and 8."
Art. 5. This Act comes into force on the first day of the month following the one in which it was published in the Belgian Monitor.
With regard to events and activities organized at the global level, Article 7, § 2bis of the Act of 24 January on the protection of the health of consumers with regard to food and other products, as amended by this Act, comes into force on 31 July 2005.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 19 July 2004.
ALBERT
By the King:
Minister of Public Health,
R. DEMOTTE
For the Minister of Justice, absent,
Minister of Defence,
A. FLAHAUT
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Note
(1) Special meeting 2004.
Senate.
Documents. - Project, 3-744 - No. 1. - Text adopted in plenary and transmitted to the House of Representatives.
House of Representatives.
Documents. - Bill, 51-1086 - No. 1. - Amendments, 51-1086 - No. 2. - Amendments, 51-1086 - No. 3. - Report made on behalf of the commission, 51-1086 - No. 4. - Text adopted by the commission, 51-1086 - No. 5. - Text adopted in plenary and submitted to the Senate, 51-1086 - No. 6.