To Protect Against Harm Caused By Tobacco, Alcohol, Addiction.

Original Language Title: To Protect Against Harm Caused By Tobacco, Alcohol, Návyk.látkami

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=60445&nr=379~2F2005~20Sb.&ft=txt

379/2005 Sb.



LAW



of 19 December 2003. August 2005



on measures to protect against the harm caused by tobacco products,

alcohol and other addictive substances and amending related laws



Change: 225/2006 Sb.



Change: 274/2008 Sb.



Change: 305/2009 Sb.



Change: 375/2011 Sb.



Change: 247/2014 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



PROTECTION AGAINST DAMAGE CAUSED BY TOBACCO PRODUCTS, ALCOHOL AND OTHER

ADDICTIVE SUBSTANCES



TITLE I OF THE



GENERAL PROVISIONS



§ 1



This law provides for the



and measures for the protection of) before the damage to health caused by

tobacco products, alcohol and other addictive substances ^ 2)



(b) the measures limiting the availability) of tobacco products and alcohol,



(c)) the scope of the administrative offices and bodies of territorial self-governing units when

the creation and implementation of programs of protection against damage caused by

the use of tobacco, alcohol and other addictive substances.



§ 2



For the purposes of this Act, means the



and shop premises intended for) the sale of goods and provision of services

kolaudačním decision under special legislation ^ 3),



(b)), operator of the natural or legal person who fulfils the conditions

provided for by specific legislation of the ^ 3) ^ 4) ^ 5),



(c)) large-screen shop sales home business premises, shopping

centers and Giant Eagle with specialized departments or counters,



(d) the specialized departments of large-area outlets) and construction

unseparated, clearly and conspicuously marked with the premises of establishments intended for

alcoholic beverages, menu



e) specialized shop shop with a narrow range of goods

of the same or of a similar nature,



(f)) mixed shop shop is a wide assortment of food and

consumer goods and shop with sale of goods with food, in

which is additionally sold more goods,



g) mass caterers providing catering equipment

services according to the specific legislation of the ^ 4) ^ 6)



h) tobacco product a product intended for smoking, sniffing, sucking or

Chew, if it is made wholly or partly of tobacco, including tobacco

genetically modified,



I need a tobacco product) used to smoking, sniffing, sucking or

chewing tobacco products, with the exception of the charging function of the artistic subject,



j) electronic cigarette product designed to imitate the function of tobacco

product or tobacco needs, the purpose of which is the inhalation of nicotine

fumes, including accessories of such products,



the alcoholic drink, the drink) wine and beer; alcoholic drink is

also, the drink that is not listed in the first sentence, if it contains more

than 0.5 percent alcohol by volume,



(l) the use of harmful use of way) of tobacco products, alcohol or

other addictive substances, leading to damage to the physical or mental

the health of the user,



m) damages caused by tobacco products, alcohol and other addictive

substances that damage includes damage to health, in particular the serious

chronic diseases, injuries, poisoning and damages caused by transport

accidents, damage to the fetus in pregnancy, premature death, social

problems, in particular the loss of employment and family issues, including damage

economic-related with the use of these substances, fires and

crime,



drug policy, including n) primary prevention, secondary

Prevention and tertiary prevention of legal, organizational and other

measures taken and carried out at the level of the Government, administrative offices, and

organs of territorial self-governing units in order to reduce the availability of

tobacco, alcohol and other substance abuse and prevent

their use, risks and damage that arise from their use, and

moderate damages



on the examination of breathing test) guidance, taking saliva or smear of the skin

or mucous membranes,



p) professional medical assessment targeted clinical examination by a doctor and

According to his doctor's Office perform breath tests or sampling

biological material,



q) collection of biological material, in particular the sampling of venous blood,

urine, saliva, hair or skin or mucous membranes of the smear,



r) service activities to ensure the examination of waste, treatment and follow-up

the stay of persons under the influence of alcohol and other addictive substances on waste

station



with a smoking device) caterers operating on

the basis of the guest activities ^ 5), the operator decided that in

the premises are accessible to customers is smoking allowed, and made

appropriate labelling in accordance with this Act,



t) non-smoking facilities, caterers operating on

the basis of the guest activities ^ 5), the operator decided that in

the premises are accessible to customers is no smoking, and made

appropriate labelling in accordance with this Act,



u) device with dedicated spaces, caterers

operated on the basis of guest activities ^ 5), in which are some of the

its premises accessible to customers reserved for smokers and other spaces

reserved for non-smokers and whose operator, decide in which

the premises are accessible to customers is no smoking and in which

the premises are accessible to customers is smoking allowed, and made

appropriate labelling in accordance with this Act.



TITLE II



RESTRICTION OF THE AVAILABILITY OF TOBACCO PRODUCTS AND SMOKING BANS



§ 3



Tobacco products, tobacco needs and electronic cigarettes can be sold

only in stores under a special legal regulation, ^ 3), on the

dedicated rubbish bag, place in the stalls selling daily and periodic

printing, catering establishments operated on the basis of the

Guest actions ^ 5) or in accommodation facilities, with the exception of the

accommodation facilities for the accommodation of children and adolescents ^ 7). For more

restrictions and bans the sale of tobacco products and tobacco needs provides

special legislation ^ 8).



Prohibitions and restrictions on the sale of tobacco products and the obligations of the persons

selling tobacco products



§ 4



The sale of tobacco products, tobacco needs and electronic cigarettes

use the vending machines, which cannot be excluded, sales persons

under 18 years of age is prohibited. Mail order sales and all other forms of

the sale of the products referred to in the first sentence, in which it is not possible to verify the

the age of the buyer, shall be prohibited.



§ 5



(1) Prohibited the sale and manufacture of food products or toys

emulating the shape and appearance of tobacco products or tobacco needs.



(2) prohibits the importation of food products or toys

emulating the shape and appearance of tobacco products or tobacco needs.



§ 6



(1) Sell tobacco products, tobacco needs and electronic cigarettes

persons under 18 years of age shall be prohibited.



(2) the sale of tobacco products, tobacco and electronic needs

cigarettes on the cultural, social and sports events intended for

persons under the age of 18 years is prohibited.



section 7 of the



(1) the operator is obliged to the points of sale of tobacco products,

tobacco needs and electronic cigarettes to place for buyer

clearly visible text of the prohibition of sale of tobacco products to persons under

18 years of age; the text must be taken in the Czech language black capitals

on a white background, a font size of at least 5 cm.



(2) the person selling tobacco products, tobacco and electronic needs

cigarettes must be older than 18 years of age, unless the student that wrote

consistently on the future of the profession in the fields of hospitality and tourism,

Cook-waiter and a salesman.



The smoking ban



§ 8



(1) it shall be prohibited to smoke



and) in public places, which are



1. the public freely accessible enclosed spaces;



2. the public freely accessible internal spaces of buildings of State bodies and

organs of territorial self-governing units;



3. the public freely accessible interior spaces device set up

State or territorial self-governing units;



4. the public freely accessible interior spaces of financial institutions;



5. means of transport public road and rail transport and urban

public transport;



6. the public freely accessible internal spaces of buildings associated with the

public transport;



7. the sheltered platform, shelters and waiting room of the public road and rail

transport and urban transport



with the exception of the building, separated by a space dedicated to smoking and

the stay of persons permanently vented to space outside the building,



(b)) in the external and internal spaces of all types of schools and school

device ^ 7) and also in internal premises, where the service is provided

child care in the children's group



(c)) in indoor areas are non-smoking facilities and in the internal

areas reserved for non-smokers in facilities with dedicated

spaces,



(d)) in the closed of entertainment premises, such as cinema, theatre, exhibition

and the concert hall, in sports halls and the premises where they are

held a working session with the exception of the special, construction of separate

space dedicated to smoking secured sufficient ventilation according
the requirements laid down in a separate legal regulation ^ 4),



(e)) in the indoor areas of medical facilities of all types, with

the exception of the closed psychiatric departments or other devices for

addiction treatment, in which it is allowed to smoke only in the premises of the

structurally separate, dedicated to smoking and stay of persons permanently

vented to space outside the building,



(2) in the internal spaces of buildings used by State authorities, authorities of the

territorial self-governing units, establishments set up by the State or territorial

authorities providing public services, and financial institutions

including their caterers are the persons responsible for their

the management shall ensure that persons are protected in these buildings

before the damage caused by smoking. The provisions of paragraph 1 shall not

prejudice.



(3) at the entrance to the caterers operated on the basis of

Guest actions ^ 5) is the operator shall mark,

in order to ensure awareness of persons before entering the equipment, whether it is

about



non-smoking facilities); must be marked with the label "Smoking video

prohibited "(picture No 1 of the annex),



(b)) smoking device; must be marked with the label "Smoking video

enabled "(Figure 2 in annex), or



(c)) device with dedicated spaces; must be marked graphic

"Building separate areas for smokers and non-smokers" (picture No 3

Annex) and at the same time, areas in which smoking is prohibited must be

marked with the graphic "no smoking" (Figure 1), and

the spaces in which smoking is permitted, it must be marked with the graphics

the label "Smoking permitted" (picture No. 2).



The appearance of the graphic signs is regulated in the annex to this Act. The size of the

graphical tags "Smoking prohibited" and "smoking permitted" must be

at least 12 cm x 16 cm. Size of the graphic brand "Structurally separate

rooms for smokers and non-smokers "must be at least 16 cm x 24 cm.



(4) a Smoking device, and the device with dedicated spaces in which is

smoking allowed, sufficient ventilation must be secured in accordance with the requirements of the

laid down by a special legal regulation ^ 4). Devices with dedicated

the premises must have spaces in which smoking is allowed, civil

separated from the areas in which smoking is prohibited.



§ 9



(1) the places where smoking is prohibited, their operator is obliged to

mark clearly visible graphic "no smoking". Space

dedicated to smoking is their operator shall indicate clearly

the visible graphical mark "smoking permitted". The appearance of the graphics

tag is modified in the annex to this Act. The size of the graphic signs

must be at least 12 cm x 16 cm.



(2) if the person does not comply with the smoking ban in the places listed in section 8 (2). 1

and 2, even when prompted by the operator, resumed negotiations in this

or that the space left, the operator is entitled to ask the municipal

the police, or the police of the Czech Republic on the procedure aimed at compliance with the

the ban.



§ 9a



The village in a separate scope can generally binding Decree temporarily

or permanently prohibit smoking on public playgrounds,

publicly accessible venues, or in the internal spaces of buildings

intended for the Organization of sporting, cultural and social events,

or in sports, cultural and social events, if they are

This places or actions or reserved to persons under 18 years of age.



TITLE III



RESTRICTION OF THE AVAILABILITY OF ALCOHOLIC BEVERAGES



§ 10



The conditions of the sale and serving of alcoholic drinks



(1) alcoholic beverages can be sold only to



and) in specialized stores of alcoholic drinks,



(b)) in the specialised departments of large stores intended for the

the sale of alcoholic beverages in stores of food and mixed

stores, or



(c)) in establishments catering operated on the basis of the

Guest actions, in accommodation facilities and cultural premises with

the exception of the equipment intended for persons under the age of 18 years.



(2) the provisions of paragraph 1 shall not apply to casual sale

of alcoholic beverages at festivals, traditional events,

the annual markets and similar events.



§ 11



Restrictions on the sale and import of



(1) Prohibited the sale and manufacture of toys which imitate the shape and appearance of the

alcoholic beverages.



(2) prohibits the importation of toys which imitate the shape and appearance of the alcoholic

drinks.



(3) the person selling or serving alcohol must be 18 years or older,

If the pupil is not consistently with the preparation of the future of the profession

in the fields of hospitality and tourism, Cook-waiter and a salesman.



Ban on the sale or administration of alcoholic beverages and the obligations of the persons

selling alcoholic beverages



§ 12



(1) it shall be prohibited to sell or serve alcoholic beverages



and) persons under 18 years of age,



(b)) on all actions intended to persons under 18 years of age,



(c) persons who manifestly affected alcoholic) drink or other addictive

the substance,



(d)) in health facilities,



(e)) in the means exclusively intended for the national public transport

persons with the exception of the railroad dining cars, aircraft and designated

public space vessels shipping



(f)) on sporting events, with the exception of draught beer with an extract of the original

wort to 10% by weight,



(g)) in all types of schools and educational institutions ^ 7).



(2) the sale of alcoholic beverages by using vending machines, for which the

You cannot exclude sales to persons under 18 years of age shall be prohibited.

Mail order sales and all other forms of sales, which is not possible

to verify the age of the buyer, shall be prohibited.



(3) other restrictions and bans the sale of spirit drinks lays down specific legal

prescription ^ 8).



section 13



The village in a separate scope may in holding cultural,

social or sporting events available to the public with the reason to risk

an increase in problems and negative social phenomena resulting from an act

individuals under the influence of alcohol generally binding decree to restrict the

or disable on certain days or hours, or at specific locations

sales, administration and the consumption of alcoholic beverages.



§ 14



The operator is obliged to the points of sale of alcoholic beverages to place

for the buyer clearly visible text banning sales to persons under 18

years. The text must be taken in the Czech language in black capitals on a

a white background on the font size of at least 5 cm.



TITLE IV



MEASURES TO PREVENT AND MITIGATE THE DAMAGE CAUSED BY TOBACCO PRODUCTS,

ALCOHOL AND OTHER ADDICTIVE SUBSTANCES



§ 15



The prohibition of entry, for people who are obviously under the influence of alcohol or

other substance abuse



Persons who are obviously under the influence of alcohol or other substance abuse

substances ^ 2) and are in a State in which directly endanger themselves or other

persons, public order or property, it shall be prohibited to enter into the



and all public areas) where they might cause yourself or another person

harm or arouse public indignation,



(b)) of all means of public transport,



c) publicly available space of buildings associated with public transport,



d) shelters and stops platforms of the public road and rail transport and

public transport,



(e)) space, where sporting events take place; the organizer of the sports action is

required to ensure the prevention of the entry of such persons,



(f)) of all space, where the service is provided to child care in the children's

the Group of.



section 16 of the



Examination of the presence of alcohol or other addictive substances



(1) a person who carries on the activity, which could endanger the life or

the health of your or other people or damage property, shall not enjoy the

alcoholic beverages or other addictive substance in the performance of this

activities or exercise.



(2) Guidance and vocational examination medical examination

zjišťujícímu alcohol is required to submit to a person, which can be

believing that the activities referred to in paragraph 1 under the influence

alcohol, and a person who is a suspect, that caused the

another injury in connection with the ingestion of alcoholic beverages.

If the benchmark tests that detect alcohol in the wind

test carried out by the alcohol in the breath, satisfying the conditions

established a special legal regulation ^ 9a), medical examination

shall not apply. In the event that a person this way guidance testing

refuses, an expert medical examination.



(3) Guidance and vocational examination medical examination

zjišťujícímu the contents of other addictive substances other than alcohol is required to

submit to the person that can reasonably be assumed that carries out activities

referred to in paragraph 1 under the influence of other addictive substances, and also a person who

There is reason to suspect that precipitated another injury in connection

with the use of other addictive substances.



(4) ask the person referred to in paragraphs 1 to 3, to fulfil the obligation to submit

the examinations referred to in paragraphs 2 and 3 shall be entitled to a national of the Czech Police

of the Republic, Member of the military police, the prison service

The Czech Republic, the employer, her doctor, policeman, municipal
the police or the person responsible for the control of persons, carrying out the activity,

which could endanger your life or health or to other persons

or cause damage to property.



(5) Indicative of the examination performed by the Department of police of the Czech Republic, Department of

The military police, the prison service of the Czech Republic, the person responsible for the

control of persons carrying out activities which could endanger the

the life or the health of your or other people or cause damage to property,

the employer, doctor, or municipal police. Professional medical

tests performed by a provider of health services to professionally and

operationally capable. If a person referred to in paragraphs 1 to 3 of the examination

in accordance with paragraphs 2 and 3, staring at her as if she was under the influence of alcohol

or other addictive substances.



(6) the provider of health services to technically and operationally qualified

is obliged to provide to the bodies referred to in paragraph 4, the necessary assistance

making the collection of biological material.



(7) the provider of health services is required to communicate the results

examination of the bodies referred to in paragraph 4 on the basis of their application. It

does not apply, if the patient is being investigated for the presence of alcohol or other

addictive substances in the organism only in connection with service provided health

care for the differential diagnosis.



(8) Examination of biological material and transportation to medical

equipment in order to perform the medical examination shall be borne by the professional in the

If that proves the presence of alcohol or other addictive substance than

alcohol, examined the person. Unless the presence of alcohol or

other addictive substances, the costs referred to in the first sentence shall be borne by the person referred to in

paragraph 4 to be examined, with the exception of cases of differential

a diagnosis borne from public health insurance under the Special

legal regulations ^ 10).



(9) For the transport of persons to a medical facility, the person who is responsible for the

the examination referred to in paragraph 4 called.



§ 17



Treatment in alcohol treatment and protitoxikomanické capture station



(1) alcohol treatment and protitoxikomanická waste station (hereinafter referred to as

"waste station") is a medical device that establishes a territorial

self-governing unit, which may separate the scope of the Act in

the delivery of health services also contracted, and it

throughout its national territory to ensure the waste service.



(2) If a provider of health services to technically and operationally

to be eligible, the person finds that the treatment is not compromised on the life of failure

basic life functions, but under the influence of alcohol or other addictive

the substance does not control their behavior, and thus immediately endangers himself or

other persons, or property, public order or the status is subject to

public outrage, this person is obliged to submit to treatment and stay

in the capture station for the period strictly necessary for the alleviation of the acute

intoxication.



(3) For the transport of persons into the capture of the station corresponds to a person who, for

examination under section 16(1). 4 invited.



(4) transport, examination, treatment and subsequent stay at the capture station

be made in the event that proves the presence of alcohol or other addictive

the substance, the person treated. In the case that the presence of alcohol or other

addictive substances can prove the costs shall be borne by the person under section 16(1). 4

for examination, with the exception of cases of differential diagnosis borne

from public health insurance under a special legal regulation.



(5) the Treatment of the person received the gripper station announces the gripper

her station registrujícímu a provider of health services in the field of

General practical medicine. In the case of a person under 18 years of age,

This fact also its legal representatives, or any other person

responsible for her upbringing. When the adoption of a person under 18 years of age, this

the fact indicates whether or not the authority for social and legal protection of children. In the case of

the person with restricted active legal capacity or bereft

the eligibility of legal capacity, to announce this fact

opatrovníkovi Court ^ 11).



section 18



Preventive measures



The implementation of preventive measures, coordinated by the Government, financial and

organizationally provide



and Government)



(b)), the Ministry of health, in the case of measures of primary, secondary and

tertiary prevention,



(c)), the Ministry of education, youth and sports, in the case of measures

primary prevention, implemented in the framework of the minimum of preventive

programs and educational care for persons under the age of 18 years and a user of tobacco

products, alcohol and other substance abuse under the age of 18 years,



(d) the Ministry of the Interior), in the case of measures of primary, secondary and

tertiary prevention for nationals of the Czech Republic Police and the pupils

the police schools,



e) Ministry of defence, in the case of measures of primary, secondary and

tertiary prevention for members of the Army of the Czech Republic,



(f)), the Ministry of labour and Social Affairs, in the case of primary measures,

secondary and tertiary prevention for a range of social care,



(g)), the Ministry of Justice, in the case of measures of primary, secondary and

tertiary prevention for persons in custody and imprisonment.



§ 19



Brief intervention



Health care professionals ^ 12) are required in the performance of their profession for the

people using tobacco, alcohol or other addictive substances

make a brief intervention in the early diagnosis of malicious

the use of the.



section 20



Types of professional care provided to persons harmfully using tobacco

products, alcohol or other addictive substances and persons on these substances

the dependent



(1) Persons harmfully using tobacco products, alcohol or other

addictive substances and persons dependent on those substances, provides support

care, whose aim is to mitigate the damage to health caused by tobacco

products, alcohol and other addictive substances. This expert care is

provided by the providers of health services ^ 13), social

services, where applicable, other devices, established for this purpose.



(2) the types of specialized care for persons dependent on tobacco, alcohol

or other addictive substances are:



and acute inpatient care), which is a diagnostic and therapeutic care

provided to patients who use of alcohol or other substance abuse

substances introduced to the State in which they are immediately at risk to health,

or endanger themselves or their surroundings,



(b)), which is a detoxification treatment care provider

outpatient and inpatient care,



(c)) off the programs, which are programs, social services and

health education for problem users of other addictive substances and

persons dependent on them,



d) contact and advisory services,



e) outpatient treatment for addiction to tobacco, alcohol and

other addictive substances,



f) stationary programs that provide daily treatment nelůžkovou

problem users and dependent on alcohol and other substance abuse

the substances, which the State requires regular care without having to dedicate

It is from their environment,



(g)) short and medium term the provision of inpatient care, which is the treatment

problem users and dependent on alcohol and other substance abuse

substances in medical devices, bed care in the usual range of 5

up to 14 weeks



h) residential care in therapeutic communities, which is a program of treatment

and resocialisation in health care and in bed

nezdravotnických devices in the usual range of 6 to 15 months



I) programs that provide care to health providers

services and other facilities; contain a set of services that follow the

their basic treatment and help to create the conditions for maintaining the

abstinence,

j) substitution treatment, which is short-term or long-term treatment

Depending on the substance, which consists in the submission or

prescribing substances substituted for the original addictive substance is carried out

outpatient services in health facilities under the direction of a physician;

the providers of health services, who provide substitution treatment,

are required to report patients to the national registry of treatment

drugs, established by the law on health services.



(3) the technical, organisational and personnel terms of types

professional care referred to in paragraph 2 (a). and), b), (e)), f), (g)), h), (i)) and

(j)) provides for the Ministry of Health decree and checks their

compliance with.



THE HEAD OF THE



THE ORGANIZATION AND IMPLEMENTATION OF DRUG POLICY



section 21



State authorities



(1) the implementation of drug policy ensures and coordinates the Government

through the ministries and other central bodies of State administration,

as is apparent from their competence on the basis of specific legal

^ Code 15). Comprehensive preventive measures in the field of drugs

policies are carried out, in particular,



and, the Ministry of health)-measures of primary, secondary and

tertiary prevention of health damage caused by tobacco

products, alcohol and other substance abuse,



(b)), the Ministry of labour and Social Affairs in the area of social services,

in the case of measures of primary, secondary and tertiary prevention of social
damages caused by the use of tobacco, alcohol and other

substance abuse,



(c)), the Ministry of education, youth and sports in the field of primary

prevention in schools and school facilities, medical care in the educational

children and young people up to 18 years of age and about the users of addictive substances under 18

years.



(2) the Government may, for the purpose of coordination of drug policy to establish

a special advisory body and, where appropriate, instruct him to direct the performance of some

activities.



(3) the authorities referred to in paragraphs 1 and 2 shall participate in the financing of the

programmes of drug policy and control the efficient utilization of financial

funds from the State budget. When their activity is governed by National

drug strategies, which approved by the Government. National

drug policy strategy presents the Government.



section 22



Territorial self-governing units



(1) Region in a separate scope



and) coordinates and participates in the implementation of drug policy in its

the territory for this purpose it cooperates with State authorities, authorities of the municipalities and with

service providers in the area of drug policy,



(b)), in cooperation with State authorities and authorities of municipalities with handles regional

drug policy strategy,



c) participates in the financing of programmes, policies and controls

appropriate use of these funds,



(d)) shall be established for the purpose of coordination of drug policy on its territory

the function of the regional anti-drug Coordinator,



e) establishes your initiative or advisory authority for the area of drug

policy in accordance with the special law ^ 16),



(f)) provides service on its territory of waste, as appropriate; for this

the purpose of setting up or determined by the capturing station, unable to ensure the

the service stations operated by other legal persons

or natural persons,



g) coordinates the establishment, the establishment and the activities of the sobering-up stations

founded by or established villages in separate scope or physical

or legal persons,



h) per year and evaluates data on concentrated situation concerning damages

caused by tobacco, alcohol and other addictive substances on the

within its territory.



(2) the municipality in a separate scope



and participates in the implementation) of drug policy on its territory, for the

to cooperate with the national authorities, with the authorities of the region and with the

service providers in the area of drug policy,



(b)), if necessary and in cooperation with the authorities of the region processes and

receives local plan policies, approving the

the Municipal Council of the municipality,



(c)), if necessary, participate in the financing of programmes of drug

policy and controls the efficient utilization of these funds,



(d)), if necessary, shall be set up for the purpose of coordination of drug policy

the local functionality on their territory, the EU Coordinator, or

a specific initiative or advisory body ^ 17),



e) is authorized to establish or constitute a capturing station, or participate in

on the financing of such stations.



(3) the municipality may enter into a contract on the joint performance of some activities

in accordance with paragraph 2 ^ 18).



(4) the municipality transferred competence checks compliance with the provisions of this

the Act and other provisions relating to the protection against damage caused by

tobacco products, alcohol and other addictive substances, shall be

measures to eliminate the detected deficiencies and draws the consequences,

in particular, imposes penalties.



section 23



Regional and local anti-drug Coordinator



(1) the regional coordinator on drugs



and when implementing) helps all activities in the area

drug policy,



(b)), keep the coordinates and evaluates the performance of the tasks

arising from provincial drug strategy,



(c)) shall cooperate with the local communities in the formulation of plans of drug

policy,



(d)) and non-State cooperates with the national bodies dealing with

programs of prevention and treatment of addictive diseases



e) addresses the tasks in the field of drugs policy of the State at the level of the regions and

provides a synergy of public authorities in the field of drugs policy.



(2) the local anti-drug Coordinator



and when implementing) helps all activities of the municipality in the field of

drug policy,



(b)), keep the coordinates and evaluates the performance of the tasks

arising from the local plan policies,



(c)) and non-State cooperates with the national bodies dealing with

programs of prevention and treatment of addictive diseases.



(3) in the context of the employment relationship of the regional drug control coordinator

cannot be a different type of work than the performance of the tasks of the regional

the EU Coordinator. A secondary activity of the regional EU

Coordinator for the same employer is excluded. In the framework of the work

the ratio of local anti-drug coordinator may be another

kind of work, if it is not jeopardized by the performance of the tasks of the local

the EU Coordinator ^ 19).



TITLE VI OF THE



CONTROL, ADMINISTRATIVE OFFENCES AND PENALTIES



section 24



(1) the control of compliance with the obligations laid down in this law, with the

the exception of obligations pursuant to section 5 and section 11 (1). 1 and 2, shall exercise



and delegated scope of municipality),



(b) municipal police),



(c)) of the police of the Czech Republic,



(d)), in the case of food services also authority to protect public health.



(2) the control of compliance with the obligations pursuant to section 5 (3). 1 and section 11 (1). 1

the Czech trade inspection exercises.



(3) the control of compliance with the obligations pursuant to section 5 (3). 2 and § 11 (1). 2

the Customs Office shall exercise.



(4) penalties for administrative offenses imposed by the authorities referred to in paragraph 1

(a). and (d))) and in paragraphs 2 and 3.



(5) in the implementation of the checks and penalties they progress control

authorities in accordance with the specific legislation ^ 20).



(6) natural or legal person as the operator commits an administrative

tort by



and does not perform the required marking) under this Act,



(b)) allows smoking in a place where smoking is this Act or

generally binding Decree the municipality shall be prohibited,



c) sells tobacco product, tobacco use, electronic cigarette

or alcoholic beverage outside of the place of sale as provided for by this law,



d) sells tobacco product, tobacco use, electronic cigarette

or an alcoholic drink using the sales machine, which cannot be

exclude the sale of a person under 18 years of age or using other forms of, for

that it is not possible to verify the age of the buyer,



e) sells, produces or imports food product or toy

imitating the shape and appearance of a tobacco product or tobacco needs

or a toy designed to imitate the shape and appearance of alcoholic drinks,



(f)) does not make the sale of tobacco products, or tobacco needs

alcoholic beverages or alcoholic beverages a person reporting

referred to in section 7 (2). 2 and in section 11 (1). 3,



g) sell a tobacco product, tobacco use, electronic cigarette

or an alcoholic drink on the action specified for persons under 18 years of age or

submits an alcoholic drink on the action specified for persons under 18 years of age,



(h) the need for a person to sell tobacco) under the age of 18 years,



I) sells tobacco product, an electronic cigarette or alcohol

drink to a person under the age of 18 years or an alcoholic beverage shall a person under the age of 18

years.



(7) the provider of health services, which provides substitution treatment,

is guilty of misconduct, contrary to section 20 (2). 2 (a). (j))

reports to the national registry of patients, treatment of drug users.



(8) for administrative offence is imposed in the amount of



and) up to CZK 5,000, in the case of an administrative offence under paragraph 6 (a). and)



(b)) CZK 5 000 to 10 000 CZK in the case of an administrative offence referred to in paragraph 6

(a). (b)) and paragraph 7,



(c)) up to CZK 10 000 50 000 CZK in the case of an administrative offence referred to in paragraph 6

(a). (c) to (h)))



d) 50 000 Czk to Czk 500 000, in the case of an administrative offence referred to in paragraph 6

(a). I).



(9) for the administrative offence under paragraph 6 (a). (c)) to (i)) and paragraph 7 may be

In addition, the store operators a ban for up to 2 years.



(10) in determining sanctions, taking into account the length of time for which the

violations of the obligations it took, the circumstances under which the offence

the negotiations occurred and the consequences of this action.



(11) the procedure for the imposition of sanctions can begin within 1 year from the date when the

the inspection authorities of the violation of the obligations of the Act, no later than 3

years from the date on which the infringement occurred.



(12) the fine cannot be saved if it has been fined for the same conduct under the

other legislation.



(13) on the control of administrative offenses covered by the administrative code.



(14) the authority which imposed the fine, it selects. The fine is the income of the State

the budget, with the exception of the fine imposed on municipalities, which is the income budget

the village. When the collection and recovery of fines imposed as

special legal regulation ^ 21).



(15) If several parallel proceedings on the same administrative tort, in

the procedure continues and completes the authority is seised first.



TITLE VII



§ 25



The transitional provisions of the



The regional strategy on drug policy, pursuant to section 22 paragraph 1(b). 1 (a). (b))

the region was first created for the year 2006.



section 26



cancelled



TITLE VIII



CANCELLATION PROVISIONS



section 27 of the



Shall be deleted:



1. Act No. 37/1989 Coll., on protection from alcoholism and other

addictions.



2. Law No. 190/1999 Coll., amending Act No. 37/1989 Coll., on
protection from alcoholism and other addictions, as amended

regulations.



3. Decree No. 187/1989 Coll., implementing the law on protection against

alcoholism and other addictions.



PART THE SECOND



Amendment to Act No. 132/2000 Sb.



section 28



In Act No. 132/2000 Coll., amending certain laws

associated with the regions, the municipalities Act, the Act on

the district offices and the Act on the capital city of Prague, in the wording of Act No.

217/2000 Coll., Act No. 143/2001 Coll., Act No. 86/2002 Coll., Act No.

356/2003 Coll., Act No. 22/2004 Coll., Act No. 93/2004 Coll., Act No.

99/2004 Coll., Act No. 562/2004 Coll. and Act No. 585/2004 Coll., is part of the

thirty-third deleted.



PART THE THIRD



Amendment to Act No. 320/2002 Coll.



section 29



In Act No. 320/2002 Coll., amending certain laws in the

connection with the termination of the activities of the district offices, as amended by Act No.

426/2002 Coll., Act No. 518/2002 Coll., Act No. 356/2003 Coll., Act No.

356/2003 Coll., Act No. 22/2004 Coll., Act No. 41/2004 Coll., Act No.

99/2004 Coll., Act No. 235/2004 Coll., the Act No. 326/2004 Coll., Act No.

436/2004 Coll., Act No. 499/2004 Coll., Act No. 585/2004 Coll., Act No.

587/2004 Coll. and Act No. 179/2005 Coll., is part of the thirty-second deleted.



PART THE FOURTH



The amendment of Act No. 200/1990 Coll.



section 30



Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992 Coll.,

Act No. 344/1992 Coll., Act No. 359/1992 Coll., Act No. 67/1993 Coll.

Act No. 290/1993 Coll., Act No. 134/1994 Coll., Act No. 82/1995 Coll.,

Act No. 237/1995 Coll., Act No. 279/1995 Coll., Act No. 289/1995 Coll.,

Act No. 111/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999 Coll.

Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll.

Act No. 151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000 Coll.

Act No. 370/2000 Coll., the finding of the Constitutional Court declared under no.

52/2001 Coll., Act No. 164/2001 Coll., the Act No. 254/2001 Coll., Act No.

265/2001 Coll., Act No. 273/2001 Coll., Act No. 274/2001 Coll., Act No.

312/2001 Coll., Act No. 6/2002 Coll., Act No. 62/2002 Coll., Act No.

78/2002 Coll., Act No. 216/2002 Coll., Act No. 259/2002 Coll., Act No.

285/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., Act No.

218/2003 Coll., Act No. 274/2003 Coll., Act No. 362/2003 Coll., Act No.

47/2004 Coll., Act No. 436/2004 Coll., Act No. 501/2004 Coll., Act No.

559/2004 Coll., Act No. 585/2004 Coll. and Act No 95/2005 Coll., amended

as follows:



1. In section 30, paragraph. 1 (a). and the word "), after the years of", the words ", the person,

which can have doubt whether it satisfies the condition of age. "



2. In section 30, paragraph. 1 letter i) including footnote No. 30:



"i) denies to undergo an examination, whether it is affected by alcohol or

another addictive substance, to which he was invited by a special legal

^ code 3o),



section 16, paragraph 30). 3 of the law No 379/2005 Coll., on measures to protect against

the damage caused by tobacco products, alcohol and other addictive

substances and amending related laws. ".



3. In section 30 is at the end of paragraph 1, the period is replaced by a comma and the following

letters to) to o) are added:



"to sell individual cigarettes) or unclosed unit packaging

cigarettes,



l) smoking in places the law prohibited,



m) sells a product similar to the tobacco product, in the form of tobacco to the need to

food product or toy, or a similar alcoholic

drinks in the form of toys,



n) will sell a tobacco product, tobacco use or an alcoholic drink in the

equipment or at events intended to persons under 18 years of age,



about) sells, lodges or otherwise allow the use of a tobacco product to a person under the age of

18 years old or does not deny their sale of a natural person, which can be

doubt that satisfies the condition age. ".



4. In section 30 is at the end of paragraph 2 the following sentence "for the offense under

paragraph 1 (b). l) and m) can impose a fine up to $ 1,000, for the offense

referred to in paragraph 1 (b). You can impose a fine to) to 10 000 Czk, for the offense

referred to in paragraph 1 (b). n) can be fine to $ 1,000 and misdemeanor

referred to in paragraph 1 (b). about) can be fine to 30 000 Czk. ".



5. In section 86 (a). and the words ") § 30 paragraph. 1 (a). and) to (j)) "shall be replaced

the words "§ 30 paragraph. 1 (a). and up to) ").



6. In section 86 (a). (d)) the introductory part of the provisions for the word "police"

the words "offences in the field of protection against alcoholism and other

Addictions under section 30, paragraph. 1 (a). and (c))), g) to (i))) up to) ".



7. In section 86 (a). d) points 2 and 3 shall be deleted.



Point 4 shall become section 2.



PART THE FIFTH



Amendment of the Act No. 353/2003 Coll.



section 31



In section 107 of the Act No. 353/2003 SB., on the excise tax, as amended by law

No. 217/2005 Coll., on the beginning of paragraph 5 the following sentence "Unit

cigarettes must contain at least 20 cigarettes. ".



PART SIX



cancelled



§ 32



cancelled



PART SEVEN



The EFFECTIVENESS of the



section 33



This law shall enter into force on 1 January 2005. in January 2006, with the exception of the first

section 4, 5, § 11 (1). 1 and section 12, paragraph. 2, which shall take effect on 1 January 2005.

in July 2006, and with the exception of the fifth, which shall take effect on 1 January 2005.

January 1, 2007.



Zaorálek in r.



Klaus r.



Paroubek in r.



Annex



Graphical tags



And the graphic mark "smoking prohibited" the character of the zákazové graphic

marks (Figure 1) has a rectangular shape with a width/height ratio of 3:4,

a white background with a black border and a circle with a red border, Red

diagonal stripe and black burning cigarette on white and black background

in block letters "smoking prohibited".



Image no. 1



(B) the graphic mark "smoking permitted" the nature of the warning graphic

tag (Figure 2) has a rectangular shape with a width/height ratio of 3:4,

a white background and a black border with a triangle with a black border and the

Black burning cigarette on a yellow background and black capitals

"Smoking PERMITTED" and "SMOKING SERIOUSLY harms you and others AROUND YOU".

The words "smoking PERMITTED" are given double the font size than the

"SMOKING SERIOUSLY HARMS YOU AND OTHERS AROUND YOU".



Figure No. 2



(C) the graphic symbol "Structurally separate prosotry for smokers and non-smokers"

(Figure 3), has a rectangular shape with a width/height ratio of 4:6, with

white background, black border and are represented by the symbols "smoking

disabled "with a circle with a red border, red diagonal stripe and with

Black burning cigarette on white background and "smoking permitted" with

a triangle with a black border and black burning cigarette on the yellow

the background between them shows the symbol of the red-brick walls. Under both

symbols is black in block letters "BUILDING SEPARATE AREAS for

SMOKERS AND NON-SMOKERS. "



Figure No. 3.



2) Act No. 167/1998 Coll., on addictive substances and amending certain

other laws, as amended.



3) Law No 183/2006 Coll. on territorial planning and building regulations

(the building Act), as amended.



4) Government Decree No. 361/2007 Coll., laying down the conditions of protection

health at work.



5) Law No. 455/1991 Coll., on trades (trade licensing

Act), as amended.



6) section 23 of Act No. 258/2000 Coll., on the protection of public health and

some related laws, as amended by Act No. 274/2003 Coll.



7) Act No. 561/2004 Coll. on pre-school, primary, secondary, higher

vocational and other education (the Education Act).



8) § 132 and 133 of the Act No. 353/2003 SB., on the excise tax, as amended by

amended.



9) Government Decree No. 11/2002 Coll., laying down the appearance and location of the

safety signs and signals, as amended by the introduction of the Government Regulation No.

405/2004 Sb.



9A) Ministry of industry and trade Decree No. 345/2002 Coll., which

provides for mandatory verification of the meter and gauges subject to approval

type in the text of the Decree No 65/2006 Sb.



10) Act No. 48/1997 Coll., on public health insurance and amending and

addition of related laws, as amended.



11) of the code of civil procedure.



12) § 2 (b). (b)) of law No 95/2004 Coll., on conditions for the acquisition and

recognition of professional competence and specialized competence to perform

the medical professions of doctor, dentist and pharmacist.



section 2 (a). (b)) Law No 96/2004 Coll., on conditions for the acquisition and recognition

competence for the exercise of paramedical professions and to the exercise

activities related to the provision of health care and the change

some related laws (the law on the paramedical

occupations).



13) Law No 372/2011 Coll. on health services and conditions of their

provision (law on health services).



15) Act No. 2/1969 Coll., on establishment of ministries and other Central

the authorities of the State administration of the Czech Republic, as amended.



16) Act No. 129/2000 Coll., on the regions (regional establishment), as amended by

amended.



Law No. 131/2000 Coll., on the capital city of Prague, as subsequently amended

regulations.



17) Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by

amended.



Law No. 131/2000 Coll., as amended.
18) section 46 of Act No. 128/2000 Coll., as amended by Act No. 313/2002 Sb.



section 22 and 23 of the Act No. 131/2000 Sb.



19) Act No. 65/1965 Coll., the labour code, as amended.



for example, 20) Act No. 258/2000 Coll., on the protection of public health and the

changes to some related laws, as amended,

Act No. 64/1986 Coll., on Czech commercial inspection, as amended

legislation, law No 185/2004 Coll., the customs administration of the Czech Republic, in the

as amended.



21) Act No. 337/1992 Coll., on administration of taxes and fees, in the text of the

amended.