Law Amending The Law On Tobacco And Tobacco Products

Original Language Title: Закон за изменение и допълнение на Закона за тютюна и тютюневите изделия

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Name of law
Law amending the Law on Tobacco and Tobacco Products




Name Bill
Bill amending the Law on Tobacco and Tobacco Products





Date of adoption
19/06/2012



Number / year Official Gazette
50/2012







DECREE № 249
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on tobacco and tobacco products adopted by HLI National Assembly on June 19, 2012
Released in Sofia on June 28, 2012
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice:
Diana Kovacheva

Law amending the Law on Tobacco and Tobacco Products (prom. SG. 101 of 1993 .; amend., SG. 19 1994 pcs. 110 of 1996 pcs. 153 of 1998 pcs. 113 of 1999, pcs. 33 and 102 in 2000, pcs. 110 of 2001, pcs. 20 2003 pcs. 57 and 70 of 2004, pcs. 91, 95, 99 and 105 of 2005, pcs. 18, 30, 34, 70, 80 and 108 of 2006, pcs. 53 and 109 in 2007, pcs. 36, 67 and 110 of 2008, pcs. 12, 82 and 95 of 2009 and SG. 19 of 2011)
§ 1. In art. 4 made the following amendments:
1. The previous text becomes para. 1 and the words "registered under this Act" is replaced by "registered as agricultural producers in the register under Art. 7 of the Act to support farmers. "
2. A par. 2:
"(2) The terms and conditions for registration of tobacco are determined by the ordinance under § 4 of the transitional and final provisions of the Act to support farmers."
§ 2. Articles 5 and 6 are canceled.
§ 3. Article 7 shall be amended as follows:
"Art. 7. (1) The production of tobacco seeds is carried out by individuals and legal entities registered in a public national register which is kept by the Ministry of Agriculture and Food.
(2) The control quality, purity and origin of tobacco seeds are guaranteed by the Ministry of Agriculture and Food. "
§ 4. In art. 9, para. 1 the words "in the order specified in the contract between them or by authorized party officials and" are deleted.
§ 5. In art. 10 words "except those under Art. 9, para. 3 and 4 "and the comma after they are deleted.
§ 6. Article 13 is amended as follows:
"Art. 13. The companies bought tobacco in the country, undertake:
1. 30 days after the purchase to submit to the Ministry of Agriculture and Food reference to the quantity bought tobacco and / or raw tobacco variety groups;

2. within June 30 to submit to the Ministry of Agriculture and Food inventory of available quantities of tobacco and / or dried, and / or manipulated and fermented tobacco from previous harvests and realized quantities of markets in the country in the European Union and in third countries; Data are presented on varietal groups. "
§ 7. Article 14 is repealed.
§ 8. Chapter Five "Buyout prices" with art. 17 and 18 are repealed.
§ 9. Chapter Six "Premium payments to tobacco" with art. 18a is repealed.
§ 10. Chapter Seven "Fund" Tobacco "with art. 19 and 19 is repealed.
§ 11. In art. 25, para. 1, 'from local production and imports "are deleted.
§ 12. In art. 28, para. 1, 'local production and imports "shall be deleted and the words" sites and warehouses and wholesalers "are replaced by" stores and sites. "
§ 13. In art. 29, para. 1, 'from local production and imports "are deleted.
§ 14. In art. 30 create par. 3 and 4:
"(3) The sale and supply of tobacco products through the use of information society services.
(4) The production and sale of rough filter cigarettes. "
§ 15. In art. 35a para. 2 words "marking and external design" are replaced by "the labeling and layout."
§ 16. In art. 35b are made the following amendments:
1. In para. 1, 'is carried out based on standards established by an act "is replaced by" tobacco products are made based on standards set by ordinance. "
2. In para. 2 finally put a comma and added "approved by the Executive Agency" Bulgarian Accreditation Service "the Minister of Economy, Energy and Tourism."
§ 17. In art. 35c make the following changes and additions:
1. Paragraph 1 shall be amended as follows:
"(1) Research and analysis of tobacco products to establish the content of harmful substances and ingredients, including tar, nicotine and carbon monoxide, as well as the assessment of conformity of the content of harmful substances in cigarettes carried out by the Institute of tobacco and tobacco products to the Agricultural Academy. "
2. In para. 2:
a) in the text before item. 1 the word "December" is replaced by "September";
B) in item. 3, 'the function and the category of the ingredient "is replaced by" category and function of the component. " 3
. A new paragraph. 4:
"(4) The lists under par. 2 pt. 1 and 2 are provided on magnetic media or electronic database system electronic reporting - EMTOK under terms and conditions determined by the regulations for implementing the law. "
4. Former para. 4 becomes para. 5 and the words "may disseminate" be replaced by "providing" and the word "formula" is replaced by "recipe."
5. Former para. 5 becomes para. 6 is amended as follows:

"(6) The Institute for tobacco and tobacco products posted on its website a list of all the ingredients for each product in alphabetical order, must be disclosed content of tar, nicotine and carbon monoxide for each product."
6 . A par. 7:
"(7) The Institute for tobacco and tobacco products shall submit each year information under par. 2 of the European Commission after approval by the Minister of Agriculture and Food. "
§ 18. In Chapter Ten" and "creating art. 35d:
"Art. 35d. (1) The Commission for Consumer Protection may require manufacturers and importers of tobacco products to provide information (test results) on trademarks and species and other ingredients not listed in the list of art. 35c, para. 2 pt. 1 and 2, which are separated from tobacco, if there is evidence of their harmful impact on consumers' health and addiction to danger, and ingredients that have no such data.
(2) measurements and research carried out in accredited laboratories. "
§ 19. In art. 37, para. 1 p. 16 is canceled.
§ 20. In art. 44 is amended as follows:
1. In para. 1 after the words "para. 1 and 2 "comma and the words" Art. 14 "shall be deleted.
2. Paragraph 3 shall be repealed.
§ 21. In art. 46 be made the following amendments:
1. A new paragraph. 2:
"(2) Penalties under par. 1 shall be imposed in cases of violations of Art. 30 para. 4. "
2. Former para. 2 becomes para. 3 and the words "under par. 1 "is replaced by" under par. 1 and 2 ".
§ 22. In art. 47, para. 2 words "units or warehouses, wholesale and retail trade 'are replaced by' warehouses or objects."
§ 23. A Art. 51:
"Art. 51a. (1) A legal person who violates the provisions of Art. 35c, para. 2 and art. 35d, a pecuniary sanction of 20 000 to 30 000 Levs.
(2) For repeated violation under par. 1 shall be 30 000 to 50 000 Levs. "
§ 24. In art. 52 is amended as follows:
1. In para. 1:
a) in item. 2, 'art. 4, 5, 18 and 32 "are replaced by" Art. 4, 32 and Art. 35c, para. 2 ";
B) Section 3 shall be repealed;
C) paragraph 5 shall be repealed;
D) pt. 6 the words "Art. 35a "is replaced by" Art. 29, art. 30 para. 2 and 4, Art. 32, 35, 35a and 35d. "
2. In para. 2 "relevant minister or governor or authorized by them" are replaced by "the Chairman of the Commission for Consumer Protection or authorized by him."
§ 25. In art. 52a be made the following amendments:
1. In para. 1 after the words "Art. 35a "insert" and 35d ".
2. In para. 2 words "and the terms of § 11 of the transitional and final provisions" shall then be deleted. 3
. In para. 4 words "and in violation of the terms of § 11 of the transitional and final provisions" shall then be deleted.
§ 26. In additional provision in § 1 created it. 14 and 15:

"14. "Carbon monoxide" is a composition of carbon with an oxygen atom. Carbon monoxide is a component of the gaseous phase of tobacco smoke, identical to the "carbon oxide" and "CO".
15. "Preparation for a cigarette filter" is unfilled cylindrical body for a cigarette filter designed for individual filling with chopped tobacco users. "
§ 27. In § 2 of the transitional and final provisions after the words" minister of finance "a until the end point and the text is deleted.
§ 28. Application № 1 to Art. 6 para. 1 is repealed.
Transitional and Final Provisions
§ 29. (1) Release is Fund "Tobacco".
(2) From the date of entry into force of this Act shall terminate the powers of the Management Board, the Executive Director and the Advisory Board for the development of tobacco.
(3) The employment relations with the employees of the closed fund, including its regional structures are governed under the terms and conditions of Art. 328, para. 1 pt. 1 of the Labour Code.
(4) Within one month from the entry into force of this Act the Council of Ministers adopted a decree by which to settle:
1. transferring funds and receivables indoor pool, as well as its other assets and liabilities, rights and obligations of the Ministry of Agriculture and Food, respectively to the State Fund "Agriculture";
2. all matters related to the liquidation of closed fund, including transmission and storage of documents from its archive, according to Art. 51 of the Law on National Archive Fund.
(5) Within the period under par. 4 The Council of Ministers appointed a committee to carry out liquidation of closed fund within three months of its appointment.
§ 30. (1) Tobacco registered in the Fund "Tobacco" until the entry into force of this Act shall enjoy rights of registered tobacco within the meaning of Art. 4 para. 1 to entry in the register under Art. 7 of the Act to support farmers.
(2) The registers of growers led by Fund "Tobacco" and municipalities are referred to the Ministry of Agriculture and Food.
(3) Within one month from the entry into force of this Act, the Minister of Agriculture and Food:
1. the terms and procedure for registration of tobacco in the register under Art. 7 of the Act to assist farmers;
2. provides official entry of tobacco under par. 1 based on data from the registers under par. 2.
§ 31. From the date of entry into force of this Act support the tobacco sector is carried out under the Act to support farmers and European legislation relating to the common organization of agricultural markets.

§ 32. In the Law on Internal Audit in the public sector (prom. SG. 27 of 2006 .; amend., SG. 64 and 102 in 2006, pcs. 43, 69, 71 and 110 2008, pcs. 42, 44, 78, 80, 82 and 99 of 2009, pcs. 54 of 2010, pcs. 8 and 98 in 2011) in the Annex to Art. 12 para. 1, p. 5 tons. 11 is canceled.
The law was adopted by the 41 th National Assembly on June 19, 2012 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
6063