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.
