Amends Law Nº 19.419, In Terms Of Free Of Tobacco Smoke

Original Language Title: MODIFICA LEY Nº 19.419, EN MATERIA DE AMBIENTES LIBRES DE HUMO DE TABACO

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"(Artículo único.-Introdúcense las siguientes modificaciones en la ley N°19.419, que Regula Actividades que Indica Relacionadas con el Tabaco: 1) replaced in article 1 the term"tobacco products"with"tobacco products"."

(((2) in article 2: a) replace, in the letter b), the phrase "tobacco products" for "tobacco products".

((b) replace the letter c) by the following: "c) tobacco products: products prepared wholly or partly using as raw tobacco leaves and intended to be smoked, sucked, chewed or sucked;".

(((c) incorporate the following letter d), new, passing the current letter d) to be e): "d) indoor or enclosed space: the space covered by a roof or closed within one or more walls or walls, regardless of the material used, the existence of doors or windows and that the structure is permanent or temporary, and.".

(3) replace article 3 ° by the following: "article 3.-prohibited advertising of tobacco and elements of marks associated with that product.

The indicated prohibition extends on the same terms and with the same effects to indirect advertising performed by location, where the consumption of products or products made of tobacco brands shown in mass media.

Likewise, it is forbidden in programs broadcast live, on television or radio, the permitted hours for minors, the appearance of people smoking or pointing out tobacco-friendly features.

Advertising in international signals of the Chilean media or internet pages whose domains correspond to the completion "dot cl" is also prohibited.

Tobacco companies must report annually to the Ministry of health the detail made donations, as well as the expenses incurred by virtue of agreements with public institutions, sports, community, academic, cultural, and non-governmental organizations. "."

((4) in article 4: to) replace, in its first paragraph, the phrase "made with tobacco" with "tobacco".

(b) replace the second paragraph by the following: "is prohibited the sale of such products in those places that are less than a hundred meters away from basic education establishments and media. The distance will be measured from each door of the respective establishments, sidewalks, streets and public areas. "."

(c) Insert the following third sub-paragraph, passing the current third paragraph to be fourth: "prohibits the sale of tobacco products to the interior of the health facilities, whether public or private".

(5) replace article 5 ° the expression "made with tobacco" with "tobacco".

((6) in article 6: to) Reemplazanse, in the first paragraph, the phrase "made with tobacco" by "of tobacco"; the phrase ", and all advertising the same action, whatever it form or the medium in which it is performed, should" by the word "shall", and the expression "12 months" by the phrase "minimum of 12 months and a maximum of twenty-four months".

(b) replace, in the second paragraph, the phrase "made with tobacco" "tobacco".

(c) replace the third subparagraph by the following: "the indicated decree established between two and six warnings, which can be designed with drawings or photographs and legends. The referred decree shall enter into force three months after its publication. During the period referred to in the first subparagraph, these shall be included in all national production and the imported for distribution within the national territory, at the same time. "."

(d) Intercalanse following paragraphs fourth and fifth, passing the current paragraph fourth to sixth: "producers, marketers or distributors shall incorporate warnings on similar percentages in the total number of tobacco products that each of them to produce, market or distribute." For this purpose, at the beginning of the validity of the warnings, they shall inform in writing to the Ministry of health the quantities of respective tobacco products and the distribution of warnings on them. Any changes to designated information must be communicated to the Ministry of health immediately.

If entering into force new warnings were balances in cellar with previous warnings, for distribution is must request authorization from the health authority that corresponds to the parent of the manufacturer or importer. This exception can only reach up to an amount equivalent to the production distributed during the previous month. "."

(e) replace the fourth subsection, which happened to be sixth, by the following: "health warnings must be always in view, at all points of sale of tobacco products.".

((7) in article 7: to) replace the phrase "made with tobacco" with "tobacco".

(b) add the following second paragraph: "There will be a national education plan on tobacco and its damages, which shall be updated at least every five years.".

(8) replace article 9 that follows: "article 9.-the parent company of the manufacturer or importer of tobacco products shall report annually to the Ministry of health, determined by it, on its constituents and additives that are incorporated into them, in quality and quantity, as well as substances used for the treatment of tobacco. Tobacco products containing additives which have not previously been reported to the Ministry of health may not be marketed.

The Ministry of health may prohibit the use of additives and substances which are incorporated into the tobacco in the manufacturing process of the products to which this Act applies, destined to be marketed on the national territory, when such additives and substances to increase addiction, damage or risk levels in consumers of such products. In addition, in the cases mentioned above, you can set the maximum limits of the substances contained in tobacco products. It will also set rules on dissemination of information on the additives and substances added to tobacco and its effects on the health of consumers.

Containers of cigarettes should be expressed clearly and visibly on one of its side faces the main components of this product in the terms established by the Ministry of health. "."

(9) replace article 10 by the following: "(Artículo 10.-Se prohíbe fumar en los siguientes lugares: a) all enclosed space that is accessible to the public or collective commercial use, regardless of who owns or who has right of access to them."

(b) closed or open, public or private spaces that correspond to dependencies: 1. early childhood, basic education establishments and media.

2. premises where sell fuel.

3. those places that are manufactured, processed, deposited or handled explosives, flammable materials, medicines or food.

4. in the galleries, forums and other seating intended for the public in the sports venues, gyms or stadiums. This prohibition extends to the Court and to the entire area included in the perimeter formed by these galleries, grandstands and seating, except in the places specially enabled for smoking that may have mentioned enclosures.

(c) means of transport for public or collective use, including elevators. "."

(10) replace article 11 with the following: "(Artículo 11.-Sin perjuicio de lo dispuesto en el artículo anterior, se prohíbe fumar en los siguientes lugares, salvo en sus patios o espacios ael aire libre: a) higher education establishments, public and private."

(b) airports and terrapuertos.

(c) theatres and cinemas.

(d) centres of attention or services open to the public in general.

(e) supermarkets, shopping centres and other similar establishments of free access to the public.

(f) health facilities, public and private, except hospitals inpatient psychiatric lacking outdoor spaces free or whose patients can't access them.

(g) units of State organs.

(h) Pubs, restaurants, nightclubs and casinos of game.

(You must enable, in courtyards or outdoor spaces, where they exist, special places for smokers in the cases referred to in f) and g) of the preceding paragraph. To this effect, the director of the establishment or the general manager of the same will be responsible for setting an area clearly bounded, trying whenever the smoke that is generated does not reach internal dependencies of the establishments concerned. However, always the director of the establishment or the general manager may determine that you ban smoking in open areas of the establishments that handle or administer.

(11) be repealed article 12.

(12) repealed article 13.

((13) in article 14: to) following the first, new paragraph be inserted: "article 14-in places of public access, you should exhibit warnings prohibiting smoking, which shall be clearly visible and understandable.".

(b) replace in its first paragraph, that has become second, the phrase "made with tobacco" by "of tobacco".

(14) in article 15:
(a) in the first subparagraph, delete the expression "judge of letters or" and replace the word "following" by "third party".

(b) replacements the second and third subparagraphs by the following: "the respective municipality inspectors also monitor compliance with this law and denounce violations involved the courts designated in the preceding paragraph.

Judge local police that matches will be the authority to impose the appropriate sentence, and against its resolution will proceed the resources that crosses the law. The procedure is subject to the provisions of law N ° 18.287. "."

(c) replace in your final paragraph the word "fiscal" with "municipal".

((15) in article 16: to) replaced, all the times that appears, the expression "made with tobacco" with "tobacco".

((((((b) in the first subparagraph: i. Add a new paragraph 1), passing the current 1) to 12) 2) to 13), respectively, read as follows: "1) fine from 3 to 50 monthly tax units, and from 30 to 300 units per month, if the offence is committed by a natural or legal person belonging to the tobacco industry, for the sale tax purchase for sale, marketing in any form, distribution, transport and storage of tobacco products in any form, class, or nature, which do not comply with the legal obligations in the field of health, customs, tax and intellectual property. In these cases, the fine shall be without prejudice to the penalties that may be applicable. In addition, in the event of recidivism, be will Decree the closure of establishment, trade or place where the offence has been committed for a period of fifteen days. "."

(((ii. in paragraph 2), which has become paragraph 3):-incorporated into the letter to), then of the separate dot (.), which happens to be followed, the following sentence: "In addition, in case of recidivism, be may decree the closure of establishment, trade or place where the offence was committed for a period of fifteen days.".

(-Eliminanse, in (b)), the phrases "out of places of sale, or communication to the public from the sale of products made from tobacco to the outside of the places of sale, with violation of provisions of article 3".

-Suprimense the letters c. and d., becoming the letter e. c., and add the following letter d.: "d. transgressing the rules about the percentage of distribution of warnings on tobacco products, in accordance with the provisions of the fourth paragraph of article 6.".

((iii. in paragraph 5), which happened to be 6), merge separate dot (.), then that becomes a point followed, the following sentence: "In addition, in case of recidivism, is can enact the closure, for a period of fifteen days, of the establishment, trade or place where the offence was committed.".

(iv. repeal of the numeral 7), modifying the correlative.

(v. merge, in paragraph 8), following the separate dot (.), which happens to be followed, the following sentence: "In addition, in case of recidivism, be may decree the closure of establishment, trade or place where the offence was committed for a period of fifteen days.".

(vi. in paragraph 10): repealed the letter a. and replaced in the letter b. prayer "and in the places in which it is allowed to do so, in accordance with the provisions of the final paragraph of article 13" with the following: "in accordance with the provisions of article 14".

(vii. replace paragraph 11) the expression "1 monthly tax unit" by the following: "2 monthly tax units".

(viii. replace paragraph 12) prayer "average monthly tax unit" for the following "2 monthly tax units".

(ix. replace paragraph 12) the expression "10, 11, 12 and 13" by the next "10 to 11".

(d) replace the third subparagraph by the following: "twice as fine can be applied in the event of recidivism,. As recidivism repeated breach of any of the provisions of this law, that is, two or more infractions committed within a period of less than one year, counted from the first offense. "."