Modifies The Law Nâ ° 19.419, In Matters Relating To The Advertising And Consumption Of Tobacco

Original Language Title: MODIFICA LA LEY Nº 19.419, EN MATERIAS RELATIVAS A LA PUBLICIDAD Y EL CONSUMO DEL TABACO

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"(Artículo 1º.-Introdúcense las siguientes modificaciones a la ley N° 19.419: 1) interlayer, then article 1, the following new article:"(Artículo 2º.-Para todos los efectos legales se entenderá por: a) on tobacco advertising: any form of promotion, communication, recommendation, propaganda, information or action with the purpose or the effect of promoting a product made with tobacco or tobacco use; ""
(b) tobacco industry: comprised of manufacturers, wholesalers and importers distributors of products made of tobacco;
(c) products made of tobacco: any product that contains or is prepared totally or partly using as raw tobacco leaves;
(d) additive: any substance, with the exception of the leaves of tobacco or other natural part or not processed from the tobacco plant, used in the preparation of a tobacco product and that is present in the final product, even though its form, any altered including paper, filter, print and adhesives. "."

(2) replace article 2 °, which happens to be article 3 °, by the following: ' article 3.-prohibits the advertising of tobacco or related to the product, the brand features except at the points of sale inside. " Outside of these locations only is can communicate to the public the sale of products made from tobacco by means of notices designed by the Ministry of health and established by presidential decree.
Is prohibited, also advertising in the international signals of the Chilean media or internet pages whose domains correspond to "dot cl" completion. "."

(3) replace article 3 °, which happens to be article 4 °, by the following: "article 4.-marketing, offering, distribution, or delivery gratuitously of products made from tobacco to persons under 18 years of age is prohibited. Automatic products vending machines can only be installed on establishments, places or venues which, by provision of the law, minors have no access.
It is prohibited any form of advertising of products made from tobacco in places that are less than 300 metres away from basic education establishments and a half, including places of sale, except as regards the warnings indicated in the previous article. Likewise, prohibits the sale of such products in those places that are less than 100 meters away from such establishments. The distance is measured from each door of the respective establishments, sidewalks, streets and public areas.
Any cigarettes may be sold individually or in packages containing less than ten. "."

(4) Insert, then item 3 °, which happens to be article 4, the following new article: "article 5.-be prohibits offering or providing any compensation, direct or indirect, for the purchase of products made from tobacco, such as donation, bonus or cash rebate or right to participate in a game, lottery or contest, as well as the distribution of such products without monetary compensation".

(5) replace item 4 °, which happens to be article 6 °, by the following: "article 6.-packaging products made from tobacco, whether national or imported intended for distribution within the national territory, and all advertising the same action, whatever it form or the medium in which it is carried out, shall contain a clear and precise warning of the damage" diseases or effects that, for the health of the people, involves their consumption or exposure to tobacco smoke. This warning will be valid for 12 months and must be designed by the Ministry of Health established by Supreme Decree of the Ministry, which will be printed on cigarette packs or on any packaging and may not, under any circumstances, be removable. In the case of imported products, must be attached so that it can not be detached easily.
In the case of packages of cigarettes or cigars, bags or packages of products made with tobacco, this warning should appear in the two main faces and occupy 50% of each of them. The warning will be placed at the bottom of each side.
The indicated Decree shall establish one or more successive warnings that may be designed with drawings, photos and legends. During the time specified for each warning, this shall appear on all the national production or the imported for distribution within the national territory. If entering into force a new warning were balances in the winery with the previous warning, 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.
Advertising in the places of sale shall not be greater than two square meters and the warning made in the terms of this article shall occupy 50% of the notice. "."

(6) replace article 5 °, which becomes article 7 °, by the following: "article 7.-the plans and curricula of basic General education and the education of both modalities must be considered objectives and contents for educating and educating schoolchildren about the damage caused in the body the consumption of products made from tobacco and exposure to the smoke of the same , as also the addictive nature of these. "."

(7) add the following new article, following article 5, that it becomes article 7: "article 8 °.-prohibited to the name or properties associated with the brand of cigars or cigarettes include terms such as light, soft, lightweight, low in tar, nicotine, carbon monoxide, or similar.".

(8) replace article 6 °, which becomes article 9 °, by the following: "article 9.-the parent company of the manufacturer or the importer of the products made with tobacco 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.
The Ministry of health can ban the use of food additives and substances that increase the damage or risk of the consumer of such products, and set the maximum limits of substances contained in products made with tobacco. 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 lateral faces the main components of this product in the terms established by the Ministry of health. "."

(9) replace the article 7º, which happens to be article 10 by the following: "(Artículo 10.-Se prohíbe fumar en los siguientes lugares, incluyendo sus patios y espacios ael aire libre interiores: a) pre-primary, basic education establishments and average;"
(b) enclosures where they expend fuel;
(c) those which are manufactured, processed, deposited or handled explosives, flammable materials, medicines or food;
(d) means of transport for public or collective use;
(e) lifts.

Article 11.-prohibited smoking in the following places, except in their courtyards or outdoor spaces: to) to the inside of the premises or premises of the organs of the State. However, in individual offices is you can smoke only in the case with vent to open air or extraction of the air outside.

(b) higher education establishments, public and private;
(c) health facilities, public and private;
(d) airports and terrapuertos;
(e) theatres, cinemas, places in which presented shows, cultural and musical, unless they are in the open air;
(f) gyms and sports facilities;
(g) centres of attention or services open to the public in general;
(h) supermarkets, shopping centres and other similar establishments of free access to the public.
In places previously listed, there may be one or more rooms specially enabled for smoking, with the exception of the cases indicating the letter c).
Without prejudice to the provisions of the following article, same rules are applied in the case of enterprises, establishments, work or economic units forced to make an internal rules of order, hygiene and safety, in accordance with the rules of the labour code.
In the working places owned by individuals not included in article 10 and in the preceding paragraphs, the existence of smoking bans or determining sites and conditions in which it will be authorized will be agreed by the respective owners or administrators, hearing the opinion of the employees.

Article 12.-Restaurants, bars, pubs, nightclubs, cabarets, Casino and other legally authorized game sites, and other similar establishments, with a surface area greater than 100 square meters destined to public attention, to allow smoking inside you must separate rooms for smokers and for non-smokers, not allowing the space reserved to the latter represent less than 60% of the total space allocated to public attention.
In those places mentioned in the previous paragraph, but whose surface destined to the public's attention is equal or less than 100 square meters, you can opt to be a place for smoking or non-smoking than inform your access. In the event that it chooses to be smoking applies, as appropriate, provisions of the following article.
For night clubs and cabarets, where you expend alcoholic beverages and ensuring entry only for over 18 years, shall apply the rules in the preceding paragraph without the limitation of suitable surface.

Article 13.-Rooms, places or spaces enabled for smokers in accordance to the two preceding articles, shall be clearly isolated and mechanisms that prevent the passage of smoke towards the rest of the grounds, vent to open air or extraction of the air outside, and to them the entrance of persons under 18 will not be allowed.
In the places reserved for non-smoking is must display warnings that prohibit smoking, which must be notoriously visible and understandable, and contain images or legends in Spanish language. Also at the entrance and inside the places or areas reserved for smokers, it must display warnings indicating such circumstance. "."

(10) replace article 8 °, which happens to be article 14, by the following: ' article 14.-Administrators Act Nº 16.744 organisms, must collaborate with its member companies advising them regarding the content of the information that they provide to their workers and users about the damage caused in the body the consumption of products made from tobacco or exposure to smoke from this product and about the benefits of adopting lifestyles and " healthy environments. "."

(11) add the following article 15, new: ' article 15.-the health authority and Carabineros de Chile monitor compliance with the present law, and if you see a violation, denounce the fact letters of judge or judge of competent Local police, according to the provisions of the following paragraph. "
If the infringement that is notable is scheduled in law as maximum applicable fined more than 50 monthly tax units, the complaint shall be formulated before the judge of letters corresponding to the jurisdictional territory where it has been committed, and in the case of offences that have designated a fine less than the amount before indicated, the complaint should be brought before Judge Local police relevant to the jurisdictional territory where this has been eating-tida.
The letters judge or the judge of Local police, as appropriate, will be the empowered to impose the appropriate sentence, and against its resolution proceed resources that crosses the law. In the first case, the procedure is subject to the rules of summary judgment and, second, the provisions of the law N ° 18.287.
In case some may require the prior payment of the fine, which will always be a tax benefit. "."

(12) replace article 9 °, which happens to be article 16, by the following: "(Artículo 16.-La infracción de las disposiciones de la presente ley será sancionada en conformidad a las reglas siguientes: 1) fine of 500 to 1,000 monthly tax units and confiscation of the species subject to the infringement, for the contravention of the provisions of the second paragraph of article 9" using additives or substances prohibited by the Ministry of health, or exceeding the maximum limits of substances contained in products made with tobacco.
(2) fine of 1 to 50 monthly tax units, and 101 to 500 units tax monthly if the offence is committed by a natural or legal person belonging to the tobacco industry, as well as the confiscation of goods matter of the offence, in the following cases: a. sale of products made from tobacco in places that are less than 100 meters away from basic education establishments and a half , violation of the provisions of the second paragraph of article 4.
b. advertising and tobacco product-related brand elements out of places of sale, or communication to the public from the sale of products made from tobacco to the outside of places of sale, with violation of provisions of the article 3.
c. exhibit, in the places of sale of tobacco products, ads larger than indicated in the fourth paragraph of article 6, without warning that this referred to or with a warning that occupy less than 50% of the notice.
d. any form of advertising of products made from tobacco in places that are less than 300 metres away from basic educational institutions and media, including the places of sale, with infringement of the second paragraph of article 4. Except the notices authorized by article 3, the places of sale abroad.
e offer or provide any compensation, direct or indirect, for the purchase of products made from tobacco, in contravention to the provisions of article 5.
(3) fine from 101 to 500 monthly tax units and confiscation of the species subject to the offence in the following cases: a. skip on the packaging of products made with domestic or imported tobacco intended for distribution within the national territory, the warning referred to in article 6, or do so with a different design, in different places or in smaller proportion of the listed there.
b. carry out advertising campaigns for products made from tobacco, national or imported for distribution within the national territory, regardless of the form or medium in which it is carried out, ignoring the warning referred to in article 6.
c. do not express clearly and visibly on one of the side faces of the containers of cigarettes the main components of the product, in the terms established by the Ministry of health in accordance with the third paragraph of article 9 °.
d. infringe the rules on dissemination of information on the additives and substances incorporated into tobacco and its effects on the health of consumers established in accordance to article 9 °.
(4) fine from 101 to 500 monthly tax units, for failing to inform the Ministry of health about the constituents and additives that are incorporated into products made with tobacco or substances used for the treatment of tobacco, in accordance to subsection first article 9 °.
(5) 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, as well as the seizure of property infringement matters, by market, offer, distribute or deliver tobacco products to persons under 18 years of age free of charge tax , in contravention of the provisions of the first paragraph of article 4.
(6) fine from 50 to 250 monthly tax units, and confiscation of the infringement concerning species, to include the name or properties associated with the brand of cigarettes or cigarette terms such as light, soft, light, low tar, nicotine, carbon monoxide or other similar prohibited in article 8 °.
(7) fine of 50 to 250 monthly tax units, for breach of the rules about empowerment, surface and ventilation of spaces intended for smoking and reserved to non-smokers, laid down in articles 12 and 13.
(8) fine of 10 to 100 monthly tax units, by installation of vending machine of products made from tobacco settlements, places or venues which is not prohibited by a provision of the law access to minors, in violation of the provisions of subsection first of article 4.
(9) fine of 1 to 20 monthly tax units, and 10 to 50 units per month if the offence is committed by a natural or legal person belonging to the tobacco industry, in addition to the confiscation of the property subject of the offence to sell cigarettes individually or in packages containing less than ten tax.
(10) fine of 2 to 20 monthly tax units applied to the owner, director or Manager of the establishment, in the following cases: a. allow the entrance of persons under 18 years to eligible places for smokers, contrary to the prohibition set out in article 13.
b. violation of the rules on warnings which should be displayed concerning the prohibition of smoking and in the places they are allowed to do so, in accordance with the provisions of the final paragraph of article 13.
(11) fine of 1 monthly tax unit applied by each infringer, to the owner, Manager or administrator of the respective establishment, by the transgression of the prohibition of smoking in unauthorized places. However, owner, director or administrator may exempt from payment of the fine that it ordered the smoker to comply with the law or to leave the place and after the respective complaint was made to the supervisory authority. In these cases the assistance of enforcement may be requested to restore the rule of law.
(12) fine of average monthly tax unit, applied to the smoker who contravenes the prohibition of smoking established in articles 10, 11, 12 and 13.
To determine the amount of the fine to apply pursuant to this article, shall be taken into consideration the circumstances of the infringement and, especially, the economic capacity of the offender.
In the event of recidivism, the fine double can be applied. Means that there is a relapse when the offender incurs in a same violation twice within the same calendar year. On the third offense committed within the same period, triple the fine may apply and, in the case of the prohibition of sale or supply of products made from tobacco to minors or less allowed educational establishments, or contraventions to Habilitation, requirements and regulations warning of areas for smokers and non-smokers committed in supermarkets, Casino, theatres, cinemas, places where cultural and musical performances, gyms and sports facilities, public or service delivery centres, arise centers commercial and other free access to similar public establishments, including those listed in article 12, is may impose, in addition, the closure of the establishment or place up to thirty days.
Products confiscated in accordance with this article will be delivered to the health authority to proceed to their destruction or denaturalisation.
For the purposes of verifying the age in case of doubt, in order to avoid incurring a breach, owners, directors or managers of establishments and places regulated in this law, or their delegates, may require that the respective identity card is displayed. "."

(13) replace article 10, which becomes article 17, by the following: ' article 17.-in the event that the offence be committed by an organ of the State administration, health authority shall, in addition, put the matter to the attention of the body public corresponding to take administrative measures matching, sending copy of this communication to the Undersecretary of public health " , who shall keep a public record of them. "."

(14) repealed article 11.
(15) repealed article 12.