Change The Law On Foodstuffs And Tobacco Products And Other Acts

Original Language Title: změna zákona o potravinách a tabákových výrobcích a dalších zákonů

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180/2016 Coll.


LAW
Dated 27 April 2016

Amending Act no. 110/1997 Coll., On food and tobacco
products and amending and supplementing some related laws, as
amended, and other related laws

Parliament has passed this Act of the Czech Republic:
PART ONE


Amendment to Act on Food and Tobacco Products
Article I


Act no. 110/1997 Coll., On foodstuffs and tobacco products and amending and supplementing certain
related laws, as amended by Act no. 119/2000
Coll., Act no. 306/2000 Coll. Act no. 146/2002 Coll., Act no. 131/2003
Coll., Act no. 274/2003 Coll., Act no. 94/2004 Coll., Act no. 316/2004 Coll
., Act no. 558/2004 Coll., Act no. 392/2005 Coll., Act no. 444/2005
Coll., Act no. 229/2006 Coll., Act no. 296/2007 Coll. Law no. 120/2008
Coll., Act no. 227/2009 Coll., Act no. 281/2009 Coll., Act no. 375/2011
Coll., Act no. 279/2013 Coll. and Act no. 139/2014 Coll., is amended as follows:

First In footnote no. 18, the third sentence shall be deleted at the end of the text on a separate line
sentence "Directive of the European Parliament and the Council
2014/40 / EU of 3 April 2014 on the approximation of the laws | || laws of the Member States concerning the manufacture, presentation and sale of tobacco
and related products and repealing Directive
2001/37 / EC. ".

Second In § 1 para. 1, "and an entrepreneur who manufactures or puts into circulation
tobacco products" are replaced by "a manufacturer, importer,
retailer and distributor of tobacco products and products associated with tobacco
Ware".

Third In § 2. b) the word "packed" deleted.

Fourth In § 2. d) the word "food" the words "including any first place
treatment or handling food."

Fifth In § 2 letter f) reads:

"F) food production, cleaning, sorting, editing, processing and
processing, including packaging-related and other adjustments
food for the purpose of marketing, with the exception of activities consisting only
separate process or packaging slicing or other method of division
foods including their follow-up package ".

6th In § 2 letter h) reads:

"H) placing on the market of tobacco or tobacco-related products
tobacco products offering for sale or provision of goods, without
regardless of their place of production to consumers, who are in
EU Member State or in a Contracting State to the Agreement on the European Economic area
(hereinafter referred to as "EU Member State")
for payment or free of charge, even through distance selling, in case
cross-border distance selling product considers
marketed in a Member State of the European Union, in which the consumer. "

7th In § 2, letter l) reads:

"L) tobacco product that can be used and includes
whether or not wholly or partly genetically modified tobacco."

8th In § 2. a) the words "whose main raw material used for manufacturing
bodies or parts of animals, milk, colostrum, egg or bee
products." replaced by "set out the definitions set out in paragraphs
1.1, 1.10, 1.11, 1.12, 1.13, 1.14, 1.15, 2.1, 3.1, 3.4, 3.5, 3.6, 4.1,
5.1, 5.2, 5.3, 6, 7 and . and 8.1 second and third indent of Annex I to Regulation
European Parliament and Council Regulation (EC) no. 853/2004, colostrum, blood, bee products and meat
crocodiles ".

9th In § 2 at the end of the letter), subparagraphs p) to z), added:

P) the sales portion of the sales area convenience stores defined
counter, if the counter without baffles, or parts sales counter
separate partitions, and related spaces convenience stores
used for the treatment and storage of food marketed in the sales
counter when the counter without baffles, or parts sales counter
separated by partitions

Q) tobacco leaf and other natural, processed or unprocessed
tobacco plants, including expanded and reconstituted tobacco

R) pipe tobacco tobacco solely intended for use in a pipe that can be taken through
staged combustion, the manufacturer or importer
solely intended for use in a pipe,

S) tobacco intended for the rolling of cigarettes tobacco which the consumer
or retailer can use to personalize the cigarette packaging


T) smokeless tobacco products and tobacco product whose use does not
staged combustion, including chewing tobacco, snuff tobacco and tobacco
intended for oral use,

U) chewing tobacco, smokeless tobacco product designed exclusively for
chewing

V) snuff smokeless tobacco product that can be used
nose

W) tobacco intended for oral use all tobacco products manufactured
wholly or partly of tobacco for oral use, except those intended
inhaled or chewed, in powder or particulate form
or any combination of these forms, offered
especially in sachet portions or porous sachets,

X) tobacco product designed for smoking tobacco product other than
smokeless tobacco product

S) of cigarette tobacco rod, which can be taken by
combustion process,

First the tobacco rod, which is smoked in the same state, except
cigars and cigarillos,

Second tobacco rod, which is a simple non-industrial handling
inserted into a cigarette-paper tubes or

Third tobacco rod, which is a simple non-industrial handling
wrapped in cigarette paper,

Z) cigar roll of tobacco, which can be taken through
combustion process, it can smoke in the same state with regard to its
properties and normal consumer expectations, it is in good condition
intended exclusively for smoking and contains

First a wrapper of natural tobacco, or

Second shredded tobacco filler with a wrapper of the normal color of a cigar
reconstituted tobacco, covering the product, or even filter
but not in the case of tipped cigars, the tip, while its
including filter or mouth is less than 2.3 g
exceeding 10 g, and the circumference over at least one third of the length less than 34 mm;

Per cigar is also considered as a product consisting partly of other
substances than tobacco, which otherwise meets the conditions specified in this subparagraph
.. "

10th in § 2, the current text renumbered 1 and the following paragraph 2
which, including footnotes Nos. 38-40 reads:

"(2) For the purposes of this Act shall refer

A) cigarillos, cigars weighing not more than 3 g

B) designated tobacco hookah tobacco product that can be used for
use water pipes; The tobacco hookah is considered
tobacco product designed for smoking; if the product can be used
through a hookah as tobacco intended for the rolling of cigarettes
is considered tobacco intended for the rolling of cigarettes,

C) new tobacco products tobacco product that

First no cigarettes, tobacco intended for the rolling of cigarettes, dýmkovým
tobacco, designed to water pipes, cigars, cigarillos
chewing tobacco, snuff or tobacco intended for oral use and


Second was put on the market after 19 May 2014,

D) herbal products designed for smoking product, which is based
plants, herbs or fruit, and that contain no tobacco, it can take
via inhalation through the mouth or nose, and its use involves a gradual
combustion

E) electronic cigarette product that can be used for taking
fumes containing nicotine or other vapors through a mouthpiece or
any component of this product, including the reservoir, reservoir and facilities
without tank or container; Electronic cigarette can be a one or
Refillable using refills or container or a reusable
using disposable trays

F) electronic cigarette refill container with liquid, which may contain nicotine
and which can be refillable electronic
cigarette

G) component of tobacco product or a product of tobacco products
tobacco additives, paper, filter, ink capsules, glue and
any substance or component present in the final tobacco product or a product-related
tobacco products,

H) the addition of a tobacco product substance except tobacco, which was
added to tobacco product packaging unit or any
outer packaging

I) the characteristic flavor of the tobacco product clearly recognizable

Aroma or flavor other than tobacco taste that the product delivers
ingredient or combination of ingredients, especially fruits, spices, herbs, alcohol or
candy, peppermint or vanilla, and which is recognizable before or during
use of tobacco,

J) an outer packaging of a tobacco product or a product-related
manufacture any container in which tobacco products or
products related to tobacco products marketed and
which contains a single package or a plurality of unit package ;
Transparent containers are not considered as external packaging

K) cross-border sales of tobacco, electronic cigarette refills
or her distance sales of tobacco products,
electronic cigarette refills or to the consumer, in which
the consumer at the time of ordering a product from retail sales
located in a Member State of the European Union and retailer
established in another EU Member State or in a third country

L), manufacturer of tobacco product or a product of tobacco products
any natural or legal person who manufactures tobacco
product or a product, tobacco or you can let
design or manufacture and provide the product on the market under his name or trademark
,

M) importer of tobacco product or a product of tobacco products
owner of such goods or the person who has the right to dispose
such products which have been transported to the territory of a Member State
EU

N) a retailer of tobacco products of any retailer, including
natural person who places tobacco products on the market

O) articles related to tobacco products electronic cigarette refills
her and herbal products for smoking,

P) distributor of tobacco product or a product-related
tobacco products means any natural or legal person who uses the
tobacco products, or products associated with tobacco products and
is a manufacturer, importer or retailer of tobacco products
or products associated with tobacco products,

Q) the reconstituted tobacco tobacco sheet made by combining finely
comminuted tobacco, tobacco waste and tobacco dust,

R) the smallest individual unit load packaging of tobacco products
product or tobacco products, which is listed on the
market

S) flavoring ingredient delivering flavor or taste.

38) Act no. 455/1991 Coll., On Trades (Trade
Act), as amended.

39) Act no. 561/2004 Coll., On preschool, primary, secondary, higher
professional and other education (Education Act), as amended
regulations.

40) Act no. 247/2014 Coll., On the provision of childcare services in child
group and amending related laws, as amended by Act no. 127/2015 Coll
.. "
| || 11th in § 3 para. 1 point. b) the word "manufacturing" the words "
packaging, slicing or otherwise cutting."

12th Footnote. 25 including the reference to footnote deleted
.

13th in § 3, at the end of paragraph 1 is replaced by a comma and
letters k) to t), added:

"k) keep food at the temperatures specified by European
Parliament and Council Regulation (EC) no. 853/2004 and the implementing regulation, and
if these requirements are not determined by legislation, to store food during
the temperatures provided by the food
company produced food,

L) a declaration by the food business operator who
food produced, or if not specified, with regard to the nature
food to be shortened as the date of minimum durability or
which is stated on the package when it was opened for
purpose of selling individual parts to consumers, and to set the conditions for its further preservation
so as not to worsen the quality and safety of food and
keep the point of sale of individual parts
food for their marketing original
food package or label containing mandatory information, or readable and understandable
copy of the packaging or labels

M) foods for particular nutritional uses and food supplements may be marketed only
packaged


N) for packaged and unpackaged food to respect the deadlines and other requirements
for the placing on the market set an implementing regulation,

O) maintain batch designation under § 9

P) when offering food to the consumer means of distance communication
provide information pursuant to § 7, 8 and 9, except for the data according to § 7 para. 1
point. g) and § 8 par. 2 point. a) before completing your purchase, and put them in
material supporting the distance selling or provide other means
; in the case of using other means must be mandatory
food information provided to consumers free of charge and all
mandatory information must be available to the consumer at the moment of delivery,

Q) shall exclude from further marketing of foods

First referred to in § 10 paragraph. 1 point. a) to e)

Second packaged in containers that do not meet directly applicable
EU regulations on materials and articles intended to come into contact with food
^ 32) and the Decree on hygiene requirements for products
intended for contact with food and meals ^ 33) ,

Third poorly or incorrectly labeled

Fourth inadequate quality requirements laid down by the implementing legal
regulation or declared by the manufacturer,

Fifth smelly, if the smell is not characteristic of the product
or otherwise damaged, distorted, dirty or overtly microbiologically or chemically
disturbed

R) to ensure that at all stages of the food on the market were to
available proof of origin and without undue delay, submit it
supervisory authority, at its request,

S) market novel foods other than an equivalent
only on the basis of approval issued under Article. 4 of European Parliament and
Council Regulation (EC) no. 258/97 or pursuant to demonstrate substantial equivalence || | under Article. 5 of European Parliament and Council Regulation (EC) no. 258/97

T) to ensure the food supply in the scope and focus
drawn from the economic measures imposed in a state of crisis
under special legislation. ".

14th in § 3 para. 2, introduction provisions of the word "produced"
inserted the words "packed, cut or otherwise divided."

15th footnote. 26, including a reference to footnote
deleted.

16th after § 3, the following new § 3a is inserted:

"§ 3a

(1) The food business operator who launches or
exports of fresh fruit, fresh vegetables and ware potatoes,
is obliged to notify in writing to the competent supervisory authority, not later than
opening day marketing or the date of export.
Any changes regarding this notice must be immediately communicated in writing
competent supervisory authority.

(2) The notice under paragraph 1, the food business operator shall
name and domicile, if a natural person, business, or
name and seat, if it is a legal person, hereinafter then sort, group and subgroup
fresh fruit, fresh vegetable or table potatoes
which will be marketed or exported. ".

17th 3d in § 2 paragraph reads:
| || "(2) a food business operator who manufactures or puts on the market


) Initial and follow-on formulas

B) cereal dish and food for young children

C) food for special medical purposes, or

D) total diet replacement for weight control

Is required before first such foods on the market
notify the Ministry of Health in paper form or electronically
remote data transmission, putting her by sending text Czech
labeling, including mandatory food information that will
listed on the packaging or labeling of food. ".

18th in paragraph § 3d. 3 first sentence, the words" § 16 para. 1 point. b) c) "
replaced by" § 16 para. 4 and 5 ".

19th in paragraph § 3d. 3, the second sentence deleted.

20th in § 3d paragraph 4 reads:

"(4) a food business operator who manufactures or puts on the market
food whose nutritional information is provided by means other than
as provided for in Article. 30 to 34 of the European
Parliament and Council Regulation (EU) no. 1169/2011, is required before initial
such foods on the market to notify the Ministry in hard copy or in electronic form
remote data transmission, a different way of expressing and putting
nutritional information and clarification related to the fulfillment of the requirements

Set out in Article. 35 paragraph. 1 point. a) to g)
Regulation of the European Parliament and Council Regulation (EU) no. 1169/2011. ".

21st in § 4a para. 4, the words" Classification of slaughter animals carried
natural person on the basis of certificates of competence issued "
replaced by" slaughterhouse operator is obliged to ensure that
classification of animals for slaughter carried out only by the person who acquired
certificate of professional competence issued. "

22 . In § 4a para. 6 of the first sentence is deleted.

23rd § 6 para. 1 subparagraph b) a new point c), which reads:

"c) Name and surname or the name or business name and registered office address
food business operator who produced food, with
beverages containing more than 20% by volume of alcohol. "

existing letter c) shall become point d).

24th in § 6, the following paragraph 4 which, including footnotes Nos. 41 to 43
reads:

"(4) a small amount of food that is exempt from the requirement to declare
mandatory nutrition declaration under paragraph 19 of Annex V
Regulation of the European Parliament and Council Regulation (EU) no. 1169/2011, is considered
amount of food that is supplied by the manufacturer directly to the final | || consumer or to local retail, which means
food business or farm operating retail ^ 41)
directly supplying the final consumer in the Czech Republic, and
was made in a closed accounting period in the food business in this period


A) employed a maximum average number of employees 10 ^ 42)
whose job specified in the contract of employment is directly related
food production, or

B) maximum annual turnover has reached 43 ^) 20,000,000 CZK.

41) Art. 3. 7 of European Parliament and Council Regulation (EU) no.
178/2002, as amended.

42) § 1d of the Act no. 563/1991 Coll., On Accounting., As amended
regulations.

43) § 4 of Act no. 235/2004 Coll., On Value Added Tax, as amended
.. "

25th in § 7 the following paragraph 4, including footnote. 44
reads:

"(4) The obligation to label data according to paragraph 1. a) does not apply to unprocessed product
^ 44).

44) Article. 2. 1 point. n) of the European Parliament and Council Regulation (EC) No.
. 852/2004. ".

26th in § 8. 1 at the end of the text of letter b) the words" including
designations of origin for foodstuffs set directly applicable regulation
EU-45) " .

Footnote. 45 reads:

"45) For example, the European Parliament and Council Regulation (EC) no. 1760/2000
Commission implementing Regulation (EU) No. 543/2011, Regulation
European Parliament and Council Regulation (EU) no. 1379/2013, Commission implementing Regulation (EU) no. 1337/2013
.. "

27th in § 8 at the end of paragraph 1 is replaced by a comma and
letter d), which including footnote no. 46 reads:

"d) an indication of the net quantity for bakery and confectionery products ^ 46).

46) Decree no. 333/1997 Coll., Which implements § 18 point. a), b), g) and h
) Act no. 110/1997 Coll., on foodstuffs and tobacco products and
amending and supplementing certain related Acts, for milled corn
products, pasta, bakery products and confectionery products and pastries, as amended
.. "

28th in § 8 par. 4, the words" any other form "are replaced by" close
sites offering unpackaged foods to sell. "

29th in § 8, paragraphs 6 and 7 are added:

" (6) the obligation under paragraph 1 shall indicate
containing the name or business name and address Registered food business operator who
food produced, does not apply to unprocessed product.

(7) Indication of the country or place of origin under paragraph 1. b)
may be provided near the food groups visible and legible
such aggregate information relating to food group, when this
information clearly and understandably obvious link between the offered and the specific details
food. ".

30th § 9a reads:

" § 9a

(1) The food business operator who runs a catering
service is required when placing unpackaged food, food wrapped in
point of sale at the request of the consumer and packaged foods without
presence in consumer-packed for immediate
sale on the market by way of the implementing regulation clearly disclose

Easily readable information

A) the name of the food under Art. 9 paragraph. 1 point. a) European
Parliament and Council Regulation (EU) no. 1169/2011,

B) in accordance with Art. 9 paragraph. 1 point. c) Regulation of the European Parliament and of the Council
(EU) no. 1169/2011,

C) the quantity of food,

D) the date of application for meals provided
implementing legal regulation, when they adequately informs consumers that those
meals are intended for direct consumption without storage

E) of the storage conditions, or on the instructions for use, the food
by the implementing legislation.

(2) The dishes, which are marketed in the operation of catering services
unpacked or if they are packaged at the point of sale at the request
consumer packaged or without the presence of the consumer into the finished
packaging for immediate sale do not apply the provisions of § 7-9
this Act.

(3) A food business operator who runs a catering service
is obliged to follow the technological requirements for the production of foods and their preparation
requirements on the method of placing food on the market conditions
storage and handling of food , sensory, physical, chemical and microbiological
food safety requirements and requirements
food labeling in the stage of its manufacture, preparation or marketing
before offering consumers
stipulated in an implementing regulation. ".

31st after § 9a, 9b § inserted, which, including footnotes Nos. 47 and 48
reads:

"§ 9b

(1) When placing food on the market can provide information to the words "Czech
food", a graphical representation determined by the implementing legislation
or other information particularly verbal, visual or graphic
indicating the country of origin of food the Czech Republic, if

A) 100% of the total weight of all components of unprocessed foods
wine products ^ 47) or the milk comes from the Czech Republic, and primary production
^ 48), slaughtering and all stages of production took place in the territory
Czech Republic or

B) the total weight of components originating from the Czech Republic consists
least 75% of the total weight of all components set at the time of their
use in the manufacture of foods other than those referred to in subparagraph a) and the manufacture
held in the Czech Republic; added water is not counted
total weight of all components.

(2) When placing food on the market can provide information
words "Made in Czech Republic" or words that have the same meaning
consumers if production took place in the Czech Republic.

(3) designation under paragraph 1. b) and paragraph 2 can not be used for
wine products.

47) Annex VII to the European Parliament and Council Regulation (EU) no. 1308/2013
.

48) Art. 3. 17 Regulation of the European Parliament and Council Regulation (EC) no. 178/2002
.. "

32nd in § 10 paragraph. 2, after the word" marked "the words" separately || | reside. "

33rd in § 10 paragraph. 3, after the word" safe "words",
placed separately. "

34th in § 10, the following paragraph 4 which, including footnotes.
49 reads:

"(4) For the production of food is forbidden to use the food expired

A) the applicability, or

B) minimum durability, with the exception of foods that are safe
^ 49).

49) Art. 14 Regulation of the European Parliament and Council Regulation (EC) no. 178/2002. ".

35th in § 11, paragraphs 1 to 5 shall be deleted.

Former paragraph 6 shall be renumbered 1.

36th in § 11 the following paragraphs 2-4 are added:

"(2) a food business operator marketing a food
in store with a sales area of ​​more than 400 m2, is obliged foods
which do not comply with the requirements established by this Act or
directly applicable EU regulation governing the requirements for food, but
are safe, free of charge and non-profit organization that collects
free food, stored and allocated by
humanitarian or charitable organizations that provide food assistance
clients of social services; These organizations designated by the Ministry
decision issued ex officio. Food intended for clients of social services
must then be placed on the market free of charge.

(3) Foods marketed by another operator of food
enterprise than the operator referred to in paragraph 2 that are not in

Accordance with the requirements established by this Act or directly applicable
EU regulation governing the requirements for food, but they are safe
can be given free non-profit organization that collects
free food, stored and allocated by the humanitarian
or charitable organizations that provide food assistance
clients of social services; These organizations designated by the Ministry
decision issued ex officio. Food intended for clients of social services
must then be placed on the market free of charge.

(4) When placing food in paragraphs 2 and 3 on the market must be

A) reporting obligation under § 3 para. 1 point. i)

B) ensure the traceability of food pursuant to Article. 18 of Regulation
European Parliament and Council Regulation (EC) no. 178/2002 and

C) attached documentation containing the name of the food, the quantity
food information in accordance with Art. 9 paragraph. 1 point. c)
Regulation of the European Parliament and Council Regulation (EU) no. 1169/2011, purpose and use of food information
that what the food does not meet the requirements of this Act or
directly applicable EU regulations governing requirements | || food; Information under Article. 9 paragraph. 1 point. c)
Regulation of the European Parliament and Council Regulation (EU) no. 1169/2011 must be understandable manner
also provided social services clients. ".

37th in § 11 paragraph. 1 introductory part of the words "
member country of the European Union, or having origins in any of the states that are
contracting party to the European economic area," replaced by "
Member State of the European Union."
|| | 38th § 12 and 12, including the title added:

"Tobacco products and tobacco-related products

§ 12

(1) The manufacturer must for the manufacture of tobacco use

A) other than raw or technologically modified tobacco

B) prohibited substances specified in an implementing regulation.

(2) Tobacco products placed on the market must not contain prohibited substances
set by the implementing legislation, which notably creates the impression
health benefits of tobacco products, cause discoloration emissions
facilitate inhalation or nicotine intake or increase toxic
or addictive effect of a tobacco product.

(3) The placing on the market of tobacco intended for oral use.

(4) The placing on the market of cigarettes with a distinctive flavor and
tobacco intended for the rolling of cigarettes with a distinctive flavor.

(5) For the production of cigarettes and tobacco intended for the rolling of cigarettes
you can use ingredients that are essential for their production, provided that the additives do not cause
certain characteristic flavor and significantly
or in measurable extent not increase

A) addictiveness, which means the ability of pharmacologic agents cause
dependence, ie a condition that affects an individual's ability to control his behavior usually
that necessitates reward or relief
withdrawal symptoms, or both

B) toxicity, which means the degree to which the substance may have a detrimental effect on the human body
, including long-term effects, usually
repeated or continuous use, or exposure to, or

C) carcinogenic, mutagenic or toxic for reproduction properties.

(6) The placing on the market of cigarettes or tobacco intended for the rolling of cigarettes containing
flavors in any of their components, notably
in filters, paper, packaging or capsules, and other technical elements
to change the smell or taste of tobacco products or their intensity
smoke. Filters, paper and capsules must not contain tobacco or nicotine
.

§ 12a

(1) A manufacturer, importer, retailer and distributor of tobacco
products or products associated with tobacco products is obliged
comply with the requirements laid down for food in

A) § 3 para. 1 point. a), b) and g) and § 3 para. 3,

B) § 10 paragraph. 1 point. a) and c)

C) § 3 para. 1 point. q) points 1, 3 and 5 point. r).

(2) The provisions of § 12 para. 4-6 does not apply to tobacco products
characteristic flavor, whose sales volumes throughout the European Union
represent a certain category of goods not less than 3%. ".

39th under § 12a following new § 12b-12j that
including headings and footnotes Nos. 50 and 51, added:

"§ 12b

(1) Identification of the packaging and the outer packaging of tobacco products

And actual tobacco product may not include the forbidden element or
feature, especially written, pictorial, graphic or shape that
in the implementing legislation.

(2) The placing on the market of cigarette packets and a unit
packaging of tobacco intended for the rolling of cigarettes that do not meet the requirements
appearance, characteristics and contents of the packaging set
implementing legal transcription.

(3) Emission levels of cigarettes manufactured or marketed
not exceed the maximum levels set by the implementing legislation.
The maximum level refers to the maximum level emissions, including zero,
substances in a cigarette, measured in milligrams. The placing on the market
cigarettes that exceed the maximum level of emissions.

§ 12c

(1) A manufacturer, importer, retailer and distributor of tobacco products
are obliged to ensure that unit packets of cigarettes and tobacco
intended for the rolling of cigarettes were marked with a unique identifier
manner stipulated by the implementing legislation.

(2) The manufacturer, importer, retailer and distributor of tobacco products
are obliged to ensure that unit packets of cigarettes and tobacco
intended for the rolling of cigarettes was labeled a security element
manner stipulated by the implementing legislation.
The first sentence shall not apply if the unit is marked with a tobacco package label
^ 50).

(3) The manufacturer, importer, retailer and distributor of tobacco products
are obliged to ensure that the unit packet of tobacco
other than cigarettes or tobacco intended for the rolling of cigarettes
was marked by a unique identifier manner set
implementing legislation.

(4) The manufacturer, importer, retailer and distributor of tobacco products
are obliged to ensure that the unit packet of tobacco
other than cigarettes or tobacco intended for the rolling of cigarettes were marked
safety element manner set
implementing legal regulation. The first sentence shall not apply if the unit
packaging marked with a tobacco stamp.

§ 12d

Labeling of tobacco products intended for smoking

(1) A manufacturer, importer, retailer and distributor of tobacco products
designated smoking are obliged to ensure that unit
packaging and outer packaging of tobacco products intended for smoking was
manner stipulated by the implementing legislation identified

A) name and surname or the name or business name and address
seat manufacturer, distributor or importer of tobacco products

B) name of the species, group or subgroup of tobacco products provided
implementing regulation, under which the tobacco product is placed on the market
; tobacco product that can not be described species, group or subgroup
due to the components used or technology used, the
labeled with the name derived from the basic ingredients used or technology

C) an indication of the net quantity, which means the amount in grams or kilograms
tobacco product without packaging or on the number of units contained in the package
,

D) the country of origin or establishment where the omission of that information would
mislead the consumer about the true origin or cause
tobacco product

E) batch or equivalent, which allows to determine the place and time
production

F) general warning

G) Information and Communication

H) combined health warnings.

(2) Combined health warning means a health warning
which is a combination of text and corresponding warning
photo or illustration, and it is connected to information on quitting smoking
, provided the implementing legislation.

(3) Combined health warnings are divided into three groups,
by the implementing legislation. During the three calendar years
for a period of one calendar year always uses one group.
In the course of three years, one group may not be used more than once.

(4) Individual combined health warnings that are available
to use in a given calendar year, must be at the individual brands of tobacco products
displayed in the same number in the extent to which it is possible
.

§ 12e

Labeling of tobacco products intended for smoking, other than cigarettes,

Tobacco intended for the rolling of cigarettes and tobacco destined to water pipes


Manufacturer, importer, retailer and distributor
tobacco products intended for smoking, other than cigarettes, tobacco
intended for the rolling of cigarettes or tobacco intended hookah
are obliged to ensure that the packaging of the product and unit the outer packaging has been
manner specified in the implementing legislation marked

A) data according to § 12d paragraph. 1 point. a) to d)

B) general warnings, including information on smoking cessation
set by the implementing legislation,

C) batch or equivalent, which allows to determine the place and time of production
and

D) health warnings.

§ 12f

Labeling of smokeless tobacco products

Manufacturer, importer, retailer and distributor
smokeless tobacco products are required to ensure that unit product packaging
and any outside packaging was the manner stipulated by the implementing legal regulation marked


A) data according to § 12d paragraph. 1 point. a) to d)

B) the health warnings and

C) batch or equivalent, which allows to determine the place and time
production.

§ 12 g

Putting new tobacco products

(1) Manufacturers and importers of tobacco products are obliged way in
extent and within the time limits set by the implementing legislation to notify the
electronic remote data transmission, the Czech Agriculture and Food Inspection
information on new tobacco products who has
be marketed.

(2) New tobacco products must conform to the requirements established by
Act and the implementing legislation. The fact that
provisions of this Act and the implementing legislation will be used for new tobacco products
depends on whether these products were covered
definition of smokeless tobacco product or defining a tobacco product designed
smoking.

(3) The manufacturer and importer of new tobacco products are required to notify the
electronic remote data transmission, the Czech Agriculture and Food Inspection
any new or updated information on
studies, research, and other information notified pursuant to paragraph
first Czech Agriculture and food inspection Authority may from manufacturers or importers
new tobacco products require the additional tests on
their costs or to provide additional information.

(4) Any information received pursuant to paragraphs 1 and 3 of the State Agricultural and Food Inspection
made available to the European Commission.

Electronic cigarette refills them

§ 12h

(1) A manufacturer, importer, retailer and distributor of electronic cigarettes or
refills them
are obliged to ensure that these products meet the requirements for the composition, appearance,
quality and characteristics specified in the implementing legal regulation.

(2) The manufacturer, importer, retailer and distributor of electronic cigarettes
or refills to them are required
manner stipulated by the implementing legislation to ensure
unit packaging or outer packaging of electronic cigarettes or
refills them putting

A) data according to § 12d paragraph. 1 point. a) to d)

B) a list of all ingredients contained in the product

C) the nicotine content in the product,

D) the amount of nicotine in a dose

E) batch number or equivalent information, which allows to determine the place and time
production

F) information on preserving the product out of reach of persons under 18 years of age and

G) the health warnings.

(3) The manufacturer, importer, retailer and distributor of electronic cigarettes or
refills them
are obliged to ensure that their individual packaging a leaflet containing

A) instructions for use and storage of the product,

B) information that the product is not recommended for young people and non-smokers
,

C) information on contraindications

D) warnings for specific risk groups,

E) information on potential adverse effects,

F) information about the addictiveness and toxicity

G) the contact details of the producer or importer and

H) information on the legal or natural person having contact
headquarters in the Member State of the European Union.

(4) Manufacturers and importers of electronic cigarettes or spare cartridges

Notify them electronically remote data transmission deadlines and
extent determined by the implementing legislation to the Ministry of Health


A) Information about electronic cigarette and refills her that
intends to market or imported, and

B) information about the market for electronic cigarettes and replacement cartridges
into them.

(5) If any substantial changes in the product presents a new notification pursuant to paragraph 3
. and).

(6) The manufacturer, importer and distributor of electronic cigarettes or
refills to them are required

A) establish and maintain a system for collecting information about all
suspected adverse effects of these products on human health,

B) take immediate corrective action necessary to comply
product with this Act or implementing regulation, or
for its withdrawal from the market if it is reasonable to assume that
electronic cigarette refills or to they possessed and that
or to be placed on the market are not safe or appropriate
quality or are otherwise inconsistent with this Act or the implementing regulation
and

C) in the case referred to in point b) immediately notify electronically
remote data transmission, the Ministry of Health with details
particular the risk to human health and safety and respect
corrective action taken and its outcome.

(7) The provisions of paragraph 3 letter. c), d) and g) shall not apply to
electronic cigarettes, which does not apply to the use of vapor containing nicotine
, and refills them, that do not contain nicotine
.

§ 12i

(1) The Ministry of Health will publish on its Internet site information set
implementing regulation provided
under § 12h paragraph. 3 point. a) and § 12h paragraph. 4 and made available upon request
European Commission or EU Member State information set
implementing regulation provided under § 12h paragraph. 3 point. b) a
paragraph 3. Information constituting trade secrets ^ 51)
publish. The manufacturer or importer of electronic cigarettes or spare
filling them give their submissions to the information that
trade secrets.

(2) The requirements of this Act shall not apply to electronic
cigarettes and refills them, subject to the requirement of registration under the Act
on drugs or requirements
law on medical devices.

(3) The Ministry of Health may require from the manufacturer or importer
electronic cigarettes or refills to them on the basis of calls
require additional information, especially regarding aspects of safety and quality
or adverse effects of electronic cigarettes or spare | || cartridges.

(4) Identification of the packaging and the outer packaging
electronic cigarette refills to them, as well as itself
electronic cigarette may not include the forbidden element or feature, especially
written, pictorial, graphic or shape, which lays down detailed
legislation.

(5) The provisions of paragraph 1 shall not apply to electronic cigarettes
does not apply to the use of vapor containing nicotine, and refills
to them that do not contain nicotine.

§ 12j

Herbal products for smoking

(1) Identification of the packaging and the outer packaging of herbal products
intended for smoking, and actual herbal product intended for smoking,
not include the forbidden element or feature, especially in writing,
image, graphic or shape, which lays down detailed
legal regulation.

(2) The manufacturer, importer, retailer and distributor of herbal
products intended for smoking are obliged to ensure that unit
packaging and outer packaging of the product was the way stipulated by legislation marked


A) data according to § 12d paragraph. 1 point. a) to d)

B) the health warnings and

C) batch number.

(3) The manufacturer and importer of herbal products for smoking
are required to submit to the Ministry of Health in an electronic format
remote data transmission, information on herbal products intended for smoking
according to its brand and type manner, extent and within the deadlines set
implementing regulation.

(4) The manufacturer and importer of herbal products for smoking are

Required electronic remote data transmission
inform the Ministry of Health in the event of a change in the composition
product that affects the information provided under paragraph 3. Information
required under this paragraph shall be provided in
deadline set by the implementing legislation.

(5) The Ministry of Health will ensure the publication of information
provided under paragraphs 3 and 4 on its website.
Information constituting trade secrets to disclose. Manufacturers and importers
herbal products for smoking shall in submitting information
information that are trade secrets.

50) § 114 of the Act no. 353/2003 Coll., On excise duties, as amended
.

51) § 504 of the Act no. 89/2012 Coll., Civil Code. ".

40th § 13 including the title reads:

" Disclosure

§ 13

(1) Manufacturers and importers of tobacco products are required in electronic form
remote data transmission, the Czech Agriculture and Food Inspection
submit information on tobacco products under its brand and type
manner, extent and within the time limits
laid down by the implementing legal regulation.

(2) If there is a change in the composition of a tobacco product in a manner that affects
information that has been provided under paragraph 1, the manufacturer shall
and importers of tobacco products these facts in electronic form
remote data transfer Czech agriculture and food inspection Authority.

(3) The Czech Agriculture and Food Inspection
disclose the information provided under paragraphs 1 and 2 on its website.
Information constituting trade secrets to disclose.
Manufacturers and importers of tobacco products shall indicate in their submissions information
which are trade secrets.

(4) Manufacturers and importers of tobacco products are required in electronic form
remote data transmission, the Czech Agriculture and Food Inspection
produce available internal and external studies relating to market research
preferences of different consumer groups, including
young people and smokers about the ingredients and emissions, as well as summaries of all surveys
market that perform in bringing new products to market.

(5) The Czech Agriculture and Food Inspection
make the information received pursuant to paragraphs 1, 2 and 4, with the exception of information constituting a trade secret
, the European Commission and other Member States of the European Union
.. "| ||
41st In § 13, the following new § 13a-13f, which, including the title added:

"§ 13a

(1) The manufacturer and importer of cigarettes or tobacco intended for the rolling of cigarettes containing
ingredient present in a priority list established
implementing regulation is required to ensure the implementation of the comprehensive study
for each additive.

(2) The manufacturer and importer of cigarettes or tobacco intended for the rolling of cigarettes containing an ingredient
specified in the priority list are required
provide a report on the outcome of the study referred to in paragraph 1
transmit it electronically by remote data transfer
State agricultural and food inspection Authority and the European Commission.

(3) At the request of the State Agricultural and Food Inspection Authority or the European Commission
manufacturer or importer referred to in paragraph 1 shall submit
applicants electronically through remote data transmission
additional information on the ingredients listed in a priority list
which are included in the report.

(4) Small and medium-sized enterprises, which are defined in Commission Recommendation
2003/361 / EC, are exempted from the obligations under paragraphs 1-3, when
report on the ingredient listed in a priority list drawn up
another manufacturer or importer of tobacco or tobacco-related products
tobacco products.

§ 13b

(1) If a manufacturer of tobacco product or a product-related
tobacco products is established in a Member State of the European Union, has primarily
obligation to provide the information requested manufacturer.

(2) If a manufacturer of tobacco product or a product-related
tobacco products established outside the Member State of the European Union and importer
tobacco or products associated with tobacco products is
established in a Member State of the European Union is obliged to provide the information initially
importers of tobacco products or
associated with tobacco products.


(3) If both manufacturers and importers of tobacco products or
associated with tobacco products established outside the Member State of the European Union
are obliged to provide the information required manufacturers and importers
tobacco or tobacco-related products tobacco products.

(4) Tobacco products and tobacco-related products
not be placed on the market unless it has complied with the notification obligation pursuant to § 12 g
paragraph. 1, § 12h paragraph. 3, § 12h paragraph. 4, § 12h paragraph. 5 point. c) §
12j paragraph. 3, § 12j paragraph. 4, § 13 para. 1, § 13 para. 2, § 13 para. 4, §
13a. 2 or § 13a. 3 .

Cross-border selling of tobacco, electronic cigarettes and
refills them remotely

§ 13c

(1) Establishment retailer operating cross-border sales
tobacco, electronic cigarettes or spare cartridges
them remotely located in a Member State of the European Union

A) in the case of a natural person, if located its place of business
in that Member State of the European Union, or

B) in the case of a legal person, if the retailer has its registered office, central administration or
place of business, including a branch, agency or other establishment
in that Member State of the European Union.

(2) Before commencing the marketing of tobacco products on the market through
cross-border distance sales to consumers located in another
EU Member State is a retailer established in the Czech Republic
obliged to register with the manner and to the extent
stipulated by the implementing legislation at the State agricultural and food inspection
au competent authority of the Member State of the European Union, in
which are actual or potential consumers.

(3) Before commencing the marketing of tobacco products on the market through
cross-border distance selling actual or potential
consumers in the Czech Republic is a retailer established in
another EU Member State or in a third country is obliged | || register with the manner and to the extent determined by the implementing legal regulation
by the Czech agriculture and food inspection Authority.

(4) Before putting electronic cigarettes or spare
filling them from the market through cross-border distance sales
consumers located in another Member State of the European Union
retailer established in the Czech Republic is obliged to register
manner and to the extent determined by the implementing regulation
health Ministry and the competent authority of the Member State
European Union, where there are actual or potential consumers
.

(5) Before putting electronic cigarettes or spare
filling them from the market through cross-border distance sales
actual or potential consumers in the Czech Republic is a retail seller
established in another Member State of the European Union or
in a third country is obliged to register with the manner and to the extent determined
implementing regulation by the Ministry of health.

(6) Retail sales may start the marketing of tobacco products
electronic cigarettes or refills them from the market through
cross-border distance sales from the receipt of confirmation
authorization from the competent authorities in accordance with paragraphs 2 to 5th

(7) The provisions of paragraph 4 shall not apply to electronic cigarettes
does not apply to the use of vapor containing nicotine, and refills
to them that do not contain nicotine.

§ 13d

(1) The Czech Agriculture and Food Inspection published on its website a list
registered retailers
according to § 13c paragraph. 2 and 3

(2) The Ministry of Health will publish on its Web site a list of registered
retailers under § 13c
paragraph. 4 and 5.

§ 13e

Marketing of tobacco products and products associated with tobacco products on the market


(1) If a tobacco product or a product-related
tobacco products marketed in the Czech Republic, according to state data
§ 12d to 12f, § 12h paragraph. 1 and 2, § 12 g paragraph. 1 and 3 and § 12j paragraph. 2
Czech language.

(2) In the case of tobacco and tobacco related products
products offered for sale by means of distance communication must be

Before the purchase is made available to the final consumer, all information
under § 12d paragraph. 1 point. a) to d) and f) to h), § 12e point. a) and b), §
point 12f. a) and b), § 12h paragraph. 1 point. a) to d), f) and g), § 12h paragraph.
2 and § 12j paragraph. 2 point. a) and b).

§ 13f

Traceability tobacco

(1) The manufacturer, importer and distributor of tobacco products are required to record
acquire all of the packaging in its possession, as well
all movements within their possession and the final output unit
packaging of their holdings. This obligation can be met by marking a record
whole package, such as cardboard, boxes, cartons or pallets, if it remains
enable tracking and tracing all of the packaging.

(2) The manufacturer, importer and distributor of tobacco products are required to keep
complete and accurate records of all use of tobacco products by the first paragraph


(3) Manufacturers and importers of tobacco products are obliged

A) conclude an agreement on data retention to an independent third party that
will manage the facility for storing all relevant data;
contract may be concluded after prior approval by the European Commission,

B) ensure that data storage devices physically
was on the territory of a Member State of the European Union, and

C) provide information that constitutes trade secrets or commercially sensitive information
.

(4) Manufacturer tobacco products shall

A) provide importers and distributors of tobacco products
necessary equipment that allows to record the purchase, sale, storage and transportation
tobacco or other handling and is capable
read and transmit data recorded electronically form into the device
pursuant to paragraph 3. a) and b), and

B) provide an independent external expert who monitors the activities
third parties and which endorses the European Commission.

(5) independent third party referred to in paragraph 3. a) must
European Commission, the State Agricultural and Food Inspection, Customs Administration of the Czech Republic and
external expert to allow full access to the device
retention. Czech Agriculture and Food Inspection Authority may
a duly substantiated request to provide manufacturers or importers
tobacco products and products associated with tobacco products
access to such retained data; trade secrets and commercially sensitive information
pursuant to paragraph 3. c) shall not be provided.

(6) external experts to the Ministry and the European Commission
annual report, which assessed in breach of accessibility in accordance with paragraph
fifth

(7) The manufacturer, importer and distributor of tobacco products are obliged
keep the data intact. ".

42nd in § 14 para. 1 at the end of the text of letter a) the words" and it
regional health departments, Ministry of defense and Ministry of Interior. "

43rd in § 14 paragraph 2 deleted.

existing paragraph 3 shall be renumbered 2. || |
44th In § 15 after paragraph 3 a new paragraph 4, including
footnote. 52 reads:

"(4) the Ministry provides a system of administrative assistance and cooperation ^ 52 )
and coordinate the activities of the participating administrative authorities, supervisory bodies and other interested organizations
.

52) Art. 50 Regulation of the European Parliament and Council Regulation (EC) no. 178/2002.

Title IV of the European Parliament and Council Regulation (EC) no. 882/2004. ".

Former paragraphs 4-13 shall be renumbered 5 to 14

45th in § 15 paragraph. 5, the words "paragraph 3" the words "and the system
administrative assistance and cooperation in accordance with paragraph 4" and "directly applicable regulation
EU-15)" is replaced by "direct || | applicable regulations of the EU-52). "

46th in § 15 paragraph 10 reads:

" (10) The General customs Directorate provides on-demand
Ministry and the competent supervisory authority by § 16 para. 1-5 data on shipments
placed under the customs regime of free circulation or the export customs regime,
which are necessary for the performance of control activities and administrative offices
supervisors, without a breach of confidentiality
according to the tax Procedure Code,

A) identification of the importer or consignee, which is the name
or names and surname, place of residence or place of business,
business name, or the name and address of the addressee


B) a description, including the trade name and type of product as classified in the Combined Nomenclature
,

C) the country of departure and country of origin of the product

D) the quantity expressed in volume, weight or number of units. ".

47th in § 15 para. 11 point.), D) and e) the words" free circulation "are replaced
the words "free circulation".

48th In § 15 paragraph 12 is deleted.

Former paragraphs 13 and 14 are renumbered 12 and 13

49th V § 15a, paragraph 3 shall be added:

"(3) If the customs authorities of the Czech Republic in the exercise of their
activity that violated the obligation provided for in § 13F. 1, communicate | || this fact immediately State agricultural and food inspection
.. "

50th Under § 15a is inserted § 15b, added:

" § 15b

(1) The Czech Agriculture and Food Inspection Authority received information according to § 12 g
paragraph. 1 and 3, § 13 para. 1, 2 and 4 and § 13a. 2 and 3
promptly provide the Ministry and the Ministry health.

(2) The Ministry shall notify the European Commission maximum emission levels that
provides for other cigarette emissions, emissions other than those tar, nicotine and carbon monoxide
a maximum level of emissions of tobacco products other than cigarettes
.

(3) The Ministry shall notify the Commission a list of approved laboratories
to measure emissions of tar, nicotine and carbon monoxide from cigarettes.
Lab may not be directly or indirectly owned or controlled by the tobacco industry
.

(4) The Ministry shall notify the European Commission of the measurement methods that are used for other
cigarette emissions, emissions other than those tar, nicotine and carbon monoxide
and emissions of tobacco products other than cigarettes.

(5) The Ministry of Health is taking measures which prohibit a
category of tobacco product or a product of tobacco products
reasons related to the specific situation in the Czech Republic;
Measures, together with the reasons for its introduction notify the European Commission;
measures take effect after approval by the European Commission or the lapse
period of 6 months from the date of its delivery to the European Commission. ".

51st in § 16 paragraph 1 and 2, including footnotes. 53 to 55 are added:

"(1) the Regional hygiene station exert control
compliance obligations food business operator and the manufacturer, importer, distributor and
retailer related products
tobacco products provided by law and under this law

A) for the restaurant business, this check is not performed
pursuant to paragraph 2. a) or paragraph 3 letter. a)

B) to determine the cause of damage or danger to health and prevent the spread of infectious diseases
or other damage to health from food and

C) the production, distribution and marketing of electronic cigarettes, replacement cartridges
into them, and herbal products for smoking on the market.

(2) The Ministry of Defence checking compliance with the obligations
food business operator prescribed by this Act and on the basis of this Act


A) for the operation of food service in the armed forces, the Ministry of Defence and
within its competence established organizational
ingredients and state-funded organizations and used by them
objects ^ 53), the regional military headquarters ^ 54), in a military zone
offices and military zones ^ 55)

B) to determine the cause of damage or danger to health and the prevention
spread of infectious diseases or other health damage from food
Armed Forces, the Ministry of Defence and its scope established
organizational components of the state and organizations and they
used objects in the regional military headquarters in the military zone
offices and military zones, and

C) for food production, packaging, cutting, or other type of division
food and for placing food on the market in the armed forces, the Ministry of Defence and
within its competence established organizational
ingredients of the state and organizations and used by them
objects, the regional military headquarters in the military zone authorities and
military zones.

53) Act no. 219/1999 Coll., On the Armed Forces of the Czech Republic,
amended.

54) Act no. 585/2004 Coll., On conscription and its provision
(Conscription Act), as amended.


55) § 30 of Act no. 222/1999 Coll., On the defense of the Czech Republic
amended. ".

Footnote. 36 is deleted.

52nd In § 16, after paragraph 2 new paragraphs 3-6, which
including footnotes Nos. 56 and 57, added:

"(3) the Ministry of the Interior exercises control compliance with the obligations
food business operator prescribed by this Act and on the basis of this Act


A) for the operation of food service in security corps ^ 56)
with the exception of the Czech Prison Service, the Interior Ministry and
organizational components of the state and organizations established in
its scope, including the material used buildings and facilities established by the Ministry of Interior
according to another legal regulation 57)

B) to determine the cause of damage or danger to health and the prevention
spread of infectious diseases or other health damage from food
security forces, with the exception of the Prison Service of the Czech Republic,
Interior Ministry and government components and
contributory organizations established in its scope, including the material used
buildings and facilities established by the Ministry of Interior under another legal provision
and

C) for food production, packaging, cutting, or other type of division
food and for placing food on the market in the security forces
with the exception of the Czech Prison Service, the Interior Ministry and government components
and contributory organizations established in
its scope, including the material used structures and equipment
established by the Ministry of Interior under other legislation.

(4) The State Veterinary Administration carries out inspection of compliance with obligations
food business operators stipulated by this law and on the basis of this Act


A) for production, storage, transportation, import and export of food of animal origin
and packaging, cutting, or other type of division
foods of animal origin, which takes place in facilities authorized for such activity pursuant to §
22 veterinary Act, if this check is not performed
pursuant to paragraph 2. c) or to paragraph 3. c)

B) for the marketing of food of animal origin on the market in marketplaces and bazaars
for placing food of animal origin on the market in sales
sections and outlets other than self-service, which modifies
meat, milk , fish, poultry or eggs, placing game on the market and the arrival
food of animal origin from the Member States of the European Union
food stores when the destinations and this check is not performed
pursuant to paragraph 2 . c) or to paragraph 3. c)

C) for the implementation of the classification of a carcass under § 4a and
directly applicable European Union regulations governing the classification of animals for slaughter and


D) for the marketing of unprocessed bodies or parts of animals, milk
colostrum, egg or bee products on the market in the operation
catering services, this check is not performed in accordance with paragraph 2
point. a) or paragraph 3 letter. and).

(5) The Czech Agriculture and Food Inspection Authority exercises control
compliance with the obligations food business operator and manufacturer
importer, distributor and retailer of tobacco products
prescribed by this Act and under this Act

A) for food production, packaging, cutting, or other type of division
food and for placing food on the market, this check is not performed
pursuant to paragraph 2. c) para 3. c) or paragraph 4
point. a) or b)

B) the production, distribution and marketing of tobacco products on the market

C) for entry and food imports from third countries, if this is not
surveillance conducted pursuant to paragraph 4, and entry and importation of tobacco products from third countries
and

D) for the restaurant business, this check is not performed
pursuant to paragraph 2. a) or paragraph 3 letter. and).

(6) Sampling, preparing and testing the samples for the detection
consistent food and tobacco legislation and compliance
conditions of their production and marketing of legislation providing
supervisory authorities and the way to the extent specified
directly applicable EU regulation or the implementing regulation.


56) Act no. 361/2003 Coll., On the service of members of security forces
, as amended.

57) For example Act no. 325/1999 Coll., On asylum, as amended
regulations. ".

Former paragraphs 3-13 as paragraphs 7 to 17

53rd in § 16 par. 7, the first sentence following the sentence "sample for additional
expert opinion under the first sentence shall not be withdrawn and the controlled person does not pass
if that is not possible because of the very small amount
available substrate or in the case of products subject to very quickly
destruction. ".

54th in § 16 para. 14, third sentence, the words" special legislation ^ 15 l) '
replaced "Regulations on Tariff reimbursement ^ 58)."

Footnote. 58 reads:

58) Decree no. 132/2015 Coll., on tariff reimbursement for analysis || | carried laboratories of the Czech agriculture and food inspection
for control purposes. ".

Footnote. 15 liters is repealed.

55th Under § 16a is inserted § 16b is inserted:

"§ 16b

(1) The supervisory authorities according to § 14 are obliged to immediately

a) notify the national focal point of incidence foods that are
reported to the system of administrative assistance and cooperation and which require the adoption of measures
in another Member State of the European Union, and

b) send the national contact information of the action taken or
measures based on notifications received and additional knowledge.
| || (2) the producer or importer is obliged to pay the costs incurred
assessment in the context of checking whether

a) tobacco product has a distinctive flavor,

b) are used forbidden ingredients or flavors, or

c) tobacco product contains ingredients which amounts to a significant and measurable increase,
toxic or addictive effect of a tobacco product or amplifies
properties carcinogenic, mutagenic or toxic for reproduction
.

(3) the costs of the assessment under paragraph 2
decide supervisory authority. This compensation is the income of the state budget and
chooses her supervisory authority that imposed it.

(4) The Czech Agriculture and Food Inspection Authority or the European Commission
may require that the report pursuant to § 13a.
2 was the subject of a peer review, an independent scientific body, particularly in terms of
exhaustive, methodology and the conclusions of the report.
Czech Agriculture and Food Inspection Authority decides on the costs for made
comparative evaluation.

(5) The manufacturer or importer shall pay the costs for conducting
comparative evaluation report in accordance with paragraph 4. ".

56th § 17 reads:

" § 17 || |
(1) The food business operator commits an administrative offense
that

A) in contravention of § 3 para. 1 point. a) fails to comply with sensory, physical, chemical or microbiological
requirements on food quality,

B) contrary to § 3 para. 1 point. b) fails or technological
hygiene requirements, mode or conditions of transport, storage or
food handling

C) contrary to § 3 para. 1 point. d) fails to comply with the requirements for admissible
content of substances of toxicological concern in food

D) contrary to § 3 para. 1 point. e) does not provide mandatory information about
food, laid down in legislation, in the Czech language

E) contrary to § 3 para. 1 point. f) fails to comply with the compositional requirements
supplements, labeling or usage

F) uses packaging or packaging materials in contravention of § 3 para. 1 point.
G)

G) in contravention of § 3 para. 1 point. h) fails to provide the required number of employees or
appropriate technical equipment,

H) comply with the notification obligation pursuant to § 3 para. 1 point. i)

I) in contravention of § 3 para. 1 point. j) failing to ensure compliance with the requirements
maximum permitted levels of radioactive contamination

J) keep food in conflict with § 3 para. 1 point. k)

K) in contravention of § 3 para. 1 point. l)
shorten the date of minimum durability or usability or failing to keep the original packaging or label
food or readable and understandable copy of the packaging or labels

L) in contravention of § 3 para. 1 point. m) launches
non-prepacked food intended for particular nutritional supplements or unpackaged,

M) in contravention of § 3 para. 1 point. n) fails to comply with deadlines or other requirements
for placing food on the market provided the implementing legislation,


N) in contravention of § 3 para. 1 point. a) does not retain the designation of the lot

O) fails to mandatory data in placing food on the market
communication by means of distance under § 3 para. 1 point. p)

P) exclude them from further marketing of foods under § 3 para. 1 point.
Q) Section 1

Q) exclude them from further marketing of foods under § 3 para. 1 point.
Q) Section 2

R) exclude them from further marketing of foods under § 3 para. 1 point.
Q) points 3-5,

S) in contravention of § 3 para. 1 point. r) does not ensure that all stages
placing food on the market was proof of the origin of goods or
without undue delay provides evidence of the origin of goods
supervisory authority, at its request,

T) launches novel foods other than the equivalent in conflict with §
3, paragraph. 1 point. s)

U) in a state of crisis does not ensure the food supply by
§ 3. 1 point. t)

V) loaded with foods that do not meet the highest
permissible radioactive contamination, contrary to § 3 para. 6

W) when irradiated foods progresses in conflict with § 4 para. 1, 2 or 3,

X) launches food exposure to ionizing radiation without specified
documentation pursuant to § 4 para. 8

Y) contrary to § 10 paragraph. 4 is used for food production
food with expired use by date or expired
minimum durability or

A) fails to comply with protective measures issued pursuant to § 15 para. 9 or under § 15b paragraph
.
Fifth
(2) The food business also commits an administrative offense
that

A) fails to comply with food safety requirements by
directly applicable EU regulations governing the requirements for food,

B) contrary to the directly applicable European Union regulations governing
requirements for food launches food or deceptively labeled
provided misleading information or offer it a misleading manner

C) other behavior than specified in subparagraph a), in point b) in paragraph 1
point. g) or from) in paragraph 4 or paragraph 5
fails to fulfill an obligation under the directly applicable EU regulations governing the requirements for food
^ 19) or an international treaty by which the Czech Republic is bound
and that is published in the Collection of international Treaties
or in the Official Gazette,

D) Launches wild mushrooms in conflict with § 3 para. 8

E) launches food contrary to § 9b

F) violates the ban on the marketing of foods according to § 10 paragraph. 1

G) launches food after this date conflicts with §
10 paragraph. 2

H) launches food use for other than its original use
contrary to § 10 paragraph. 3,

I) market foods that do not comply with the requirements of this Act or
directly applicable EU regulations governing
requirements for food, contrary to § 11 para. 3 or 4, or

J) in contravention of § 11 para. 2 does not provide charge-profit organization
foods that do not comply with the requirements established by this Act or
directly applicable EU regulation governing requirements
food, but safely.

(3) A food business operator who produces, packages,
slices or otherwise divides foods also commits an administrative offense
that

A) receives water to produce bottled spring water, bottled water, baby
or bottled natural mineral water in contravention of § 3 para. 2 point. a)
and

B) contrary to § 3 para. 2 point. b) uses other than heat-treated egg
contents.

(4) The operator of a food business, which imports foodstuffs from third countries
, also commits an administrative offense by importing food
conflict with § 3 para. 4 or § 4 para. 7 point. C).

(5) The operator of a food business, which exports food to
also commits an administrative offense by exporting food in conflict with § 3
paragraph. 5. '.

57th after § 17, the following new § 17a to 17f are inserted:

"§ 17a

(1) The food business operator who launches or
exports of fresh fruit, fresh vegetables and ware potatoes, further
committed an administrative offense, contrary to § 3a notification that states || | marketed or exported fresh fruit, vegetables or drinking
potatoes.

(2) A food business operator which manufactures or imports from

Third countries foodstuffs intended for particular nutritional uses, commits an administrative offense
that

A) notifies initial foodstuffs intended for particular nutritional use on the market
under § 3c paragraph. 1

B) fails to expert verification notified foods under § 3c paragraph. 2, or


C) fails to measure prohibiting or restricting the marketing
foodstuffs intended for particular nutritional issued under § 3c paragraph. 3rd

(3) A food business operator who manufactures or puts on the market
food, to which are added vitamins, minerals or other
substances with a nutritional or physiological effect listed in Parts B and C of the Annex
III Regulation of the European Parliament and Council Regulation (EC) no. 1925/2006
or supplements also commits an administrative offense by failing to meet
information duty under paragraph § 3d. 1st

(4) The food business operator which manufactures or places on the market
initial and follow-on formulas, cereal dish, food
for young children, food for special medical purposes or reimbursement
daily diet for regulation weight also commits an administrative offense
that fails to meet the disclosure duty under § paragraph 3d. 2nd

(5) The operator of a food business, which is the destination
recipient of food from another EU Member State or from a third country
defined by an implementing regulation, also commits an administrative offense by
that contrary to paragraph § 3d. 3 does not inform the competent authority
supervision.

(6) A food business operator who manufactures or puts on the market
food whose nutritional information is provided by means other than
procedures laid down in Article. 30-34 of the European Parliament and the Council
(EU ) no. 1169/2011, also commits an administrative offense if it fails
information duty under paragraph § 3d. 4th

§ 17b

(1) The operator of the slaughterhouse commits an administrative offense by

A) contrary to the directly applicable EU regulation on the common organization of the markets
^ 37) fails to ensure proper presentation
slaughter animals

B) fails to classify slaughter animals according to § 4a para. 1

C) fails to carry out classification classifier according to § 4a para. 4, or


D) not disclose the results of classification according to § 4a para. 6th

(2) A food business operator under whose name or business name the
packaged food is marketed or, if established
in the European Union, the importer into the European Union market, further
commits an administrative offense by not ensuring that the food packaging designated
to consumers or food service facility or on a label attached to the packaging
presence and accuracy of data under § 6

(3) A food business operator under whose name or business name
food is packaged without the presence of the consumer
for the purposes of direct sales by directly applicable
EU food labeling marketed or not
if established in the European Union, the importer into the European Union market, further
commits an administrative offense by not ensuring that the food packaging designated
to consumers or food service equipment commissioning and data accuracy
according to § 7.

(4) A food business operator who launches
unpackaged food, also commits an administrative offense by not providing the information in accordance with § 8


(5) A food business operator who produces, processes or
packaged food or the first seller established within the European Union,
further commits an administrative offense if it fails batch designation according to §
9th

(6) A food business operator who runs a catering service
, also commits an administrative offense by

A) shall not disclose information under § 9 paragraph. 1

B) contrary to, § 9a para. 3 fails to comply with the technological requirements for production
or food preparation, the requirements of the method of placing food on the market
conditions of storage and handling of food or labeling requirements for food
in the phase prior to offering consumers
stipulated by the implementing legislation, or

C) contrary to § 9 paragraph. 3 fails to comply with sensory, physical, chemical and microbiological
food safety requirements stipulated by the implementing legislation
.

§ 17c

(1) Manufactured tobacco commits an administrative offense by


A) contrary to § 12 para. 1 used in the manufacture of tobacco products other than crude
or technologically modified tobacco or illegal substances
or unacceptable quantities

B) contrary to § 12 para. 5 used for manufacturing tobacco products
ingredients causing a certain characteristic flavor or increasing
addictiveness, toxicity or carcinogenic, mutagenic or toxic for reproduction
properties

C) fails to provide importers and distributors of tobacco products
equipment necessary under § 13F. 4 point. a) or

D) failing to external expert pursuant to § 13F. 4 point. b).

(2) The manufacturer, importer, distributor or retailer of tobacco products
commits an administrative offense by

A) contrary to § 12 para. 2 placed on the marketing of tobacco products that
contain prohibited substances defined by the implementing legislation,

B) contrary to § 12 para. 3 will introduce a tobacco intended for oral use,

C) contrary to § 12 para. 4 will launch
cigarette with characteristic flavor or tobacco intended for the rolling of cigarettes
characteristic flavor

D) contrary to § 12 para. 6 will launch cigarettes or tobacco
intended for the rolling of cigarettes containing flavorings

E) contrary to § 12 para. 6 manufactures, distributes, imports or placed on the market
tobacco product containing tobacco or nicotine in the filters
papers or capsules

F) contrary to § 12b paragraph. 1 manufactures, distributes, imports or placed on the market
tobacco product that contains banned element or feature

G) contrary to § 12b paragraph. 2 will launch cigarettes or tobacco
intended for the rolling of cigarettes that do not meet the requirements for appearance, characteristics or
contents of the packaging,

H) contrary to § 12b paragraph. 3 will launch cigarettes that go beyond
maximum emission levels,

I) failing to label tobacco products unique identifier
according to § 12c para. 1

J) failing to label tobacco product security element according to §
12c para. 2

A) failing to label tobacco products intended for smoking according to §
12d paragraph. 1

L) failing to label tobacco products other than cigarettes
intended to smoking tobacco intended for the rolling of cigarettes or tobacco
designated hookah according to § 12e

M) fails labeling of smokeless tobacco products under § 12f or

N) comply with the notification obligation pursuant to § 12 g paragraph. 1 or 3.

(3) The manufacturer or importer of tobacco products shall commit an administrative offense by
that

A) comply with the notification obligation pursuant to § 13 para. 1 or 2

B) fails State Agricultural and Food Inspection studies according to §
13 paragraph. 4

C) conclude an agreement on data retention to an independent third party in accordance
§ 13F. 3 point. a)

D) fails to make data storage devices
situated in the territory of a Member State of the European Union under § 13F. 3 point. b) or

E) fails to information that constitutes trade secrets or commercially sensitive information
under § 13F. 3 point. C).

(4) The manufacturer, importer, distributor or retailer
electronic cigarettes or refills them commits an administrative offense
that

A) does not provide the required data on the unit package or
outer packaging of electronic cigarettes or refills them
under § 12h paragraph. 2, or

B) fails to individual packets of cigarettes, electronic or
refills them contained a flyer with the information requested pursuant to §
12h paragraph. 3rd

(5) The manufacturer or importer or distributor of electronic cigarettes
refills them commits an administrative offense by

A) comply with the notification obligation pursuant to § 12h paragraph. 4

B) not introduce or maintain a system for collecting information under §
12h paragraph. 6 point. a)

C) fails to take corrective action under § 12h paragraph. 6 point. b)

D) comply with the notification obligation pursuant to § 12h paragraph. 6 point. c) or

E) fails to comply with the additional disclosure duty under § 12i paragraph. 3rd

(6) The manufacturer, importer, distributor or retailer
herbal products for smoking commits an administrative offense by

A) indicate to market herbal products for smoking in conflict with § 12j
paragraph. 1, or

B) fails with herbal products intended for smoking in unit

Product packaging and outer packaging of putting data in accordance with § 12j paragraph. 2nd

§ 17d

(1) A manufacturer or importer of herbal products for smoking with
committed an administrative offense that comply with the notification obligation pursuant to §
12j paragraph. 3 or 4

(2) The manufacturer or importer of cigarettes or tobacco intended for the rolling of cigarettes containing an ingredient
specified in the priority list
commits an administrative offense by

A) fails to undertake a comprehensive study of each ingredient according to § 13a paragraph
. 1

B) does not report on the results of the study in accordance with § 13a. 2, or

C) does not submit the additional information under § 13a. 3rd

(3) The manufacturer, importer, distributor or retailer of tobacco
products or products associated with tobacco products
commits an administrative offense by

A) fails to comply with the requirements of § 12a Par. 1 point. a) or c)

B) fails to comply with the requirements set out in § 12a Par. 1 point. b)

C) places on the market of tobacco products, or products associated with tobacco products
contrary to § 13b paragraph. 4

D) fails to mandatory data in the Czech language pursuant to § 13e paragraph. 1, or

E) fails to provide the final consumer mandatory data according to § 13e paragraph. 2nd

(4) Retail sales of tobacco or tobacco-related products
tobacco commits an administrative offense by

A) fails to comply with the registration requirement under § 13c paragraph. 2, 3, 4, or 5, or

B) commence the marketing of tobacco products, electronic cigarettes or
refills them on the market in contravention of § 13c paragraph. 6th

(5) The manufacturer, importer or distributor of tobacco products
commits an administrative offense by

A) fails records under § 13F. 1

B) fails to keep records of all waste tobacco products under § 13f
paragraph. 2, or

C) does not keep data according to § 13F. 7th

(6) Third party commits an administrative offense if it does not allow full
access to data storage devices to the European Commission, State
agriculture and food inspection or external experts according to §
13F. 5th

§ 17e

The external expert commits an administrative offense if it fails
Ministry or the European Commission's annual report pursuant to § 13F. 6th

§ 17f

For an administrative offense shall be fined up

A) 1,000,000 CZK, for an administrative offense pursuant to § 17 para. 1 point. g)
h) x), § 17 par. 2 point. d) § 17 para. 4 or 5, § 17 paragraph. 1, §
17a paragraph. 2 point. a) or b), paragraph 17. 3, 4 or 5, § 17b paragraph. 1
point. d) § 17c paragraph. 2 point. n), § 17c paragraph. 3 point. a), b) or e), §
17c paragraph. 5 point. a), d) or e), § 17d paragraph. 1 or 2 or § 17e

B) 3,000,000 CZK, for an administrative offense pursuant to § 17 para. 1 point. f)
k), l), q), s), u) or a), § 17 para. 3, § 17 paragraph. 2 point. c) § 17b
paragraph. 1 point. a), b) or c), § 17c paragraph. 1 point. c) or d), § 17c
paragraph. 3 point. c) or d), § 17c paragraph. 5 point. b) or c), § 17d paragraph. 3
point. a), c) or d), § 17d paragraph. 4 point. b) § 17d paragraph. 5 or 6

C) 10 million CZK, for an administrative offense pursuant to § 17 para. 1 point. a)
b), d), e), j), m), n), o), r), v) or w), § 17 par. 2 point. c) g)
h), i) or j), § 17a paragraph. 6, § 17b paragraph. 2, 3, 4, 5 or 6 point. a)
or b), § 17c paragraph. 1 point. a) or b), § 17c paragraph. 2 point. a), b)
c), d), e), f), g), h), i), j), k), l) or m) § 17c paragraph. 4 or 6, §
17d paragraph. 3 point. b) or e)

D) 50,000,000 CZK, for an administrative offense pursuant to § 17 para. 1 point. c)
i), p), t) and y), § 17 par. 2 point. a), b), e) and f), § 17b paragraph.
6 point. c). ".

58th in § 17i paragraph 5 reads:

" (5) Administrative offenses dealt with in the first instance

A) Inspectorate of the State Agricultural and Food Inspection Authority, if it is a
administrative offenses under § 17, 17a, § 17b paragraph. 2-6, § 17c paragraph.
1 to 3, § 17d paragraph. 2-6 and § 17e

B) regional health authorities, in the case of administrative offenses pursuant to § 17 paragraph
. 1, § 17 para. 2, § 17 para. 3 point. b) § 17 para. 4 and 5, § 17a
paragraph. 2-6 and § 17b paragraph. 1-5,

C) regional health departments, in the case of administrative offenses pursuant to § 17 paragraph
. 1 point. a) to d), f) to v), x) and y), § 17. 2, § 17b paragraph. 6
§ 17c paragraph. 4-6 and § 17d paragraph. 1, 3 and 4,

D) Ministry of Defence, in the case of administrative offenses pursuant to § 17, § 17a
paragraph. 1-4, § 17a paragraph. 6 and § 17b paragraph. 2-6,

E) The Ministry of the Interior, in the case of administrative offenses pursuant to § 17, § 17a

Paragraph. 1-4, § 17a paragraph. 6 and § 17b paragraph. 2 to 6 ".

59th in § 17i paragraph. 6, the words" other than safe food "
replace the words" harmful food health ^ 59). "

Footnote. 59 reads:

" 59) Article. 14 paragraph. 2 point. a) Regulation of the European Parliament and Council Regulation (EC) No.
. 178/2002. ".

60th in § 18 par. 1 point.), The words" the labeling of foodstuffs and tobacco products
"is replaced by" the provision of food information and
tobacco products " .

61st in § 18 par. 1 letter c) reads:

"c) the amount and types of additives, conditions of use in the production of foodstuffs and
foods and food groups in which they may occur
substances ".

62nd in § 18 par. 1 letters j) and k) are added:

" j) one or more additional forms of expression or
inclusion of nutrition information applicable to the provision of food information to consumers
, in addition to the methods provided for in Article. 30 to 34
Regulation of the European Parliament and Council Regulation (EU) no. 1169/2011,

K) for tobacco products

First appearance requirements, features, content, composition and placing on the market
,

Second maximum emission levels for cigarettes,

Third requirements for laboratories approved for measuring the emissions of tobacco products
,

Fourth location and characteristics unique identifier, the scope of data contained therein
and the handling of data, including human trafficking,
processing and storage, and access to,

Fifth location and properties of the security element,

6th Prohibited elements and features according to § 12b paragraph. 1

7th additional compulsory for tobacco products for smoking according to §
12d paragraph. 1 point. i)

8th information on smoking cessation in accordance with § 12d paragraph. 2 and groups
combined health warnings under § 12d paragraph. 3,

9th scope, timing, method of informing a way of dealing with information
according to § 13 para. 1 and 4

10th priority list of ingredients, scope, elements, periods processing method
focus and method of presentation of the study in accordance with § 13a. 1, scope, timing and method of processing
report on the outcome of the study in accordance with § 13a. 2 || | scope, deadline and submission of the report pursuant to § 13e paragraph. 6

11th the scope of data required for registration under § 13c paragraph. 2-5 and
manner of its execution,

12th a list of authorized substances for the manufacture of tobacco products and their
permissible quantity

13th List of Prohibited Substances, which may not contain tobacco
marketed

14th the scope, terms and manner of reporting on new tobacco products,

15th additional requests for information about studies, research and other
information on new tobacco products that are manufacturers and importers of tobacco products
New obligated to notify pursuant to § 12 g paragraph. 3 ".

63rd In § 18 par. 1 letter m) reads:

"m), food and tobacco products and for the conditions of their production and marketing


First requirements for collection and preparation of the samples, requirements
their packaging, labeling, transportation and preservation, including requirements
record of sampling

Second professional qualifications of persons carrying out sampling, preparation and testing
control samples

Third requirements for testing of controls and requirements of the Protocol on
test. "

64th in § 18 par. 1 point. o) the words" paragraph § 3d. 4 "is replaced by" §
12 g paragraph. 1, § 12h paragraph. 3, § 12j paragraph. 3 and § 13 para. 1, 2 and 4 ".

65th In § 18, at the end of paragraph 1 is replaced by a comma and
letter u), which reads:

"u) the provision of information about the dishes, the technological requirements for their production
or training requirements for the method of placing food on the market, storage conditions and
handling of food, sensory, physical, chemical and microbiological
safety requirements and requirements
dishes of food labeling in the stage of its manufacture, preparation or placing on the market
before offering them to consumers. ".
| || 66th in § 19, paragraph 4, which reads:

"(4) the Ministry of health shall issue a decree for

A) electronic cigarette refills them

First requirements for their composition, appearance, quality and performance

Second labeling requirements, including the banned elements and features

Third methods, terms and scope of the reporting obligations

Fourth the scope of data required for registration and the manner of its execution,

B) herbal products for smoking


First labeling requirements, including the banned elements and features

Second Way deadlines and scope of reporting obligations. ". Article II





Transitional Provisions 1st Foods placed on the market or labeled before the effective date of this Act
which do not comply with the requirements laid down by law
no. 110/1997 Coll., as amended, effective from the date of entry into force of this Act
may be marketed until stocks are exhausted.

second provisions § 9b paragraph. 1 of Act no. 110/1997 Coll., as amended effective
effective date of this Act, shall be for a period of 3 years from the date
force of this Act shall not apply to a registered trade mark combined
" Guaranteed product Czech food chamber of the Czech Republic "no. 480,690th

3rd provisions of § 9b paragraph. 1 of Act no. 110/1997 Coll., as amended, effective
date of entry into force of this Act shall not apply to
trade marks ^ 60) containing the words "Czech food", which were registered before
effective date of this Act, and
marks containing the word "guild Czech standards" that were registered before the date of acquisition | || force of this Act.

Fourth Cigarette and tobacco intended for the rolling of cigarettes that do not
accordance with the requirements laid down by law no. 110/1997 Coll., As amended
effective from the date of entry into force of this Act, and have been produced or placed on
market and labeled before the effective date of this Act,
they may be offered for sale or sold within 3 months from the date of
entry into force of this Act.

Fifth Tobacco products except cigarettes and tobacco intended for the rolling of cigarettes
, and herbal products for smoking, which is not in
accordance with the requirements laid down by law no. 110/1997 Coll., As amended effective from
effective date of this Act, and were manufactured or
marketed and labeled before the effective date of this Act,
may be offered for sale and sold no later than 20 may 2017.

6th Electronic cigarette refills to them that do not
accordance with the requirements laid down by law no. 110/1997 Coll., As amended
effective from the date of entry into force of this Act, and were manufactured or marketed
and marked no later than November 19, 2016, may be
offered for sale and sold no later than 20 may 2017.

7th Retailers operating at the effective date of this Act
cross-border sales of tobacco, electronic cigarettes
or refills them at a distance not in cross-border sales
remotely proceed unless it receives authorization pursuant to § 13c paragraph. 6 | || later than 3 months after the effective date of this Act.

8th Administrative proceedings initiated pursuant to Act no. 110/1997 Coll., As amended
effective prior to the effective date of this Act, and the day of entry into force of this Act
final Unfinished be completed pursuant to Act No.
. 110/1997 Coll., As amended effective prior to the effective date of this Act
.

9th Administrative proceedings initiated pursuant to Act no. 110/1997 Coll., As amended
effective before January 1, 2017, with the food
undertaking that operates a catering service, and to 1 January 2017
final Unfinished be completed pursuant to Act no. 110/1997 Coll., as amended
effective prior to 1 January 2017.

10th Checking initiated by Act no. 110/1997 Coll., As amended, effective
before the effective date of this Act shall be completed in accordance with Law no.
110/1997 Coll., As amended effective prior to the effective date of this || | Law.

11th Check the food business operator who operates
catering service, initiated by Act no. 110/1997 Coll., As amended
effective before 1 January 2017 shall be completed pursuant to Act no. 110/1997 Coll
., as in force before 1 January 2017.

60) Act no. 441/2003 Coll., On Trademarks and amending Act.
6/2002 Coll., On Courts, Judges, Lay Judges and the State Administration of Courts and
amending certain other laws ( law on courts and judges), as amended
amended (trademarks Act), as amended
regulations.
PART TWO


Amendment to the Act on the State Agricultural and Food Inspection
Article III


Act no. 146/2002 Coll., On the State Agricultural and Food Inspection
amending certain related laws, as amended by Act no. 94/2004 Coll.
Act no. 316/2004 Coll. Act no. 321/2004 Coll., Act no. 444/2005 Coll.

Act no. 120/2008 Coll., Act no. 281/2009 Coll., Act no. 291/2009 Coll.
Act no. 407/2012 Coll., Act no. 308/2013 Coll. Act no. 138/2014 Coll.
And Act no. 250/2014 Coll., Is amended as follows:

First In § 1, paragraphs 6 and 7 are added:

"(6) As a body of first instance decisions in administrative proceedings Inspectorate
jurisdiction under their jurisdiction on an appeal against a decision
inspectorate central inspectorate shall decide.

(7) In proceedings on administrative offense detected during a check by an inspector
proceeded in accordance with § 4 para. 2, or consisting in failure
obligations imposed measure, which was released procedure under § 5, paragraph
. 3, as decided by the authority of first Instance Inspectorate whose
inspector proceeded in accordance with § 4 para. 2 or imposed unmet
duty. ".

Second At the end of the text of footnote no. 3, the words "
Law no. 40/1995 Coll., On regulation of advertising and amending and supplementing Law no.
468/1991 Coll., On radio and television broadcasting,
amended, Act no. 477/2001 Coll., on packaging and amending some laws
, as amended. "

Third At the end of the text of footnote no. 3a, the words "
Regulation of the European Parliament and Council Regulation (EC) no. 1935/2004 of 27
October 2004 on materials and articles intended for contact with food | || repealing Directives 80/590 / EEC and 89/109 / EEC, as amended, the Commission Regulation
(EU) no. 10/2011 of 14 January 2011 on materials and articles
plastic products for food contact
Regulation of the European Parliament and Council Regulation (EC) no. 853/2004 laying down specific
hygiene rules for food of animal origin ".

Fourth In § 2, letter d) be deleted.

Existing letter e) shall become point d).

Fifth In § 3 para. 1 point. b) the words "putting into circulation" is replaced
"distribution or marketing."

6th In § 3 para. 1 point. e) the words "put into circulation" is replaced
"distributed or marketed."

7th In § 3 para. 2 at the end of the text of letter e) the words "and
directly applicable EU regulation on microbiological criteria for foodstuffs
^ 41)."

Footnote. 41 reads:

"41) Commission Regulation (EC) no. 2073/2005, as amended.".

8th In § 3, at the end of paragraph 2 is replaced by a comma and letters
l) to n), which including footnote no. 42 added:

"L) monitors compliance with the obligations laid down on the advertising of foods
according to the law governing the regulation of advertising,

m) checks whether the information listed on the packaging or labels
intended for food, agricultural tobacco and products meet the requirements set
special legal regulations 3) or directly applicable EU regulation
^ 3)

n) controls the disposal of animal by-products in the range specified
directly applicable EU regulation on
ABP-42) within the limits of its jurisdiction under the Act regulating
food.

42) European Parliament and Council Regulation (EC) no. 1069/2009 of the
on 21 October 2009 on health rules for animal by-products
and derived products not intended for human consumption and
repealing Regulation (EC) no. 1774/2002 (by-products Regulation | || animal origin), as amended. ".

9th In § 3 para. 3 point. b) at the end of point 1, the word "or" is deleted.

10th In § 3 para. 3, at the end of subparagraph b) the word "or" and Section 3
added:

"Third samples taken from sites or equipment used in the manufacture and marketing
foodstuffs subject to control in laboratories
authorized by the directly applicable European Union on official controls
^ 31), which meet the conditions for the operation of laboratories set
in directly applicable EU regulations on official controls ^ 32)
if samples for microbiological testing of samples taken from sites or
devices can not take samples for a supplementary expert opinion ".

11th In § 3 para. 3 letters c) to e), added:

"C) issue a certificate at the request of the manufacturer that made him
agricultural product, foodstuff ^ 28), to control the production of which is inspected
appropriate or tobacco product meets the requirements stipulated by special legal
regulations ^ 3) or the applicable regulations of the European

Union-3a), or at the request of the inspected person that her activities for
whose control inspection is appropriate, meets the requirements set
special legal regulations 3) or the applicable regulations of the European
Union-3a); issuing certificates subject to an administrative fee and inspection
when issuing certificates based

First from its previous inspection findings,

Second a check carried out by an applicant for a certificate

Third the results of analyzes carried out in a laboratory that meets the conditions for the operation of laboratories
set the technical standard governing
general requirements for the competence of testing and calibration laboratories ^ 33)
whose inspection was carried out on the basis of the application for a certificate imposed
applicants for certificates; Inspection may identify applicants for certificates
kinds of analysis appropriate to verify the facts, whom the certificate related or

Fourth the results of analyzes carried out in a laboratory that meets the conditions for the operation of laboratories
set the technical standard governing
general requirements for the competence of testing and calibration laboratories ^ 33)
to inspect the requests submitted by the applicant for a certificate

D) at the request of issuing a certificate for a natural or legal person for
designation of origin, geographical indications and of traditional specialties to register
^ 10) ^ 10a) to change specifications or cancellation of registration
designations of origin and geographical indications and of traditional specialties
; issuing certificates subject to an administrative fee

E) at the request of issuing a certificate for a natural or legal person about that
fresh fruit, fresh vegetables and ware potatoes
meet the requirements of special legal regulations 3)
or directly applicable regulations of the European Union ^ 3a);
issuing certificates subject to an administrative fee. "

12th in § 3 para. 3 letter m) shall be deleted.

existing letters n) to ee) are renumbered m) up dd).

13th in § 3 para. 3 letter m) reads:

"m) if the issuance of the certificate requires laboratory analysis and this analysis
perform laboratory inspections decide inspections that the applicant
pay the costs of this analysis, amounting to the scale of compensation for analysis in a laboratory
inspection for control purposes; if the issuance of a certificate
requires laboratory analysis and perform this analysis
ensure the inspection, the inspection decides that the applicant shall pay the costs
this analysis; if the issuance of the certificate is required to make
checks referred to in subparagraph c) of paragraph 2 shall decide on inspections that the applicant
pay the costs of the checks provided by the implementing legislation
which provides a lump sum of costs incurred in connection
s control; replacement cost analysis and control of the revenue of the state budget and selects
it inspectorate, which imposed ".

14th in § 3 para. 6 first sentence, the words" tobacco products "are inserted
the words "or space or equipment used in the manufacture or marketing
foods on the market."

15th in § 4 para. 1 introductory part of the word "activities"
inserted the word "also" .

16th in § 4 para. 1 letter a) reads:

"a) to seal areas directly related to performance and subject to review
period and to the extent necessary for the inspection ".

17th Footnote. 16 is deleted, including references to the comment footnote
.

18th in § 4 para. 2 the words" permission paragraph 1 "are replaced
" authorized under this Act and the Audit Rules. "

19th, § 4, paragraph 3 reads:

" (3) inspectors in the performance of control activities
show evidence of inspection, which is also proof of their credentials to control
or written authorization for each inspection. Proof of Inspection issued
central director. Written authorization for each check issued by the Director of Inspectorate
.. "

20th, § 4 after paragraph 3 the following paragraph 4 is added:

" (4) Control sales remote control can be started buying,
preceding the presentation of credentials to control the controlled person or entity or
mandatory notification of commencement of the inspection
controlled person. ".

Former paragraph 4 shall be renumbered 5th

21st in § 4 para. 5 of the first sentence, the words "controlled person" shall be
words "directly related to performance and subject to review."


22nd In § 4 para. 5, second sentence, the words "controlled person" shall be deleted.

23rd In § 5 para. 1 letter a) reads:

"A) prohibits

first production of agricultural or food products or the placing on the market
^ 29), or the manufacture of tobacco products, their distribution or their
marketing if these agricultural products, food or
tobacco products do not meet the requirements of a special legal regulation
^ 3), directly applicable EU regulation-3a) or international treaties
^ 7)

second use packaging, devices and equipment that do not meet the requirements laid down
special legislation 3), 6 ^) ^ 9) ^ 17) or directly applicable regulation
EU-3), or to which is attached | || written statement by a special legal regulation 17) or directly applicable regulation
EU-3a)

third use of the premises for the production of agricultural or food products or
for their marketing ^ 29) or for the manufacture of tobacco products,
for their distribution or their placing on the market, unless they meet
conditions that allow them to maintain security ^ 6) ^ 18) ^ 36)

Fourth use of space for the production of agricultural or food products or
for marketing or for the manufacture of tobacco products, for
distribution or marketing when the controlled person
not allow the inspector to enter land, buildings
or other premises in accordance with the authorization by the Audit Rules,

Fifth use of packaging or labels, if the information they provide
are inconsistent with the requirements laid down by special legislation 3) or
directly applicable EU regulation ^ 3). "

24th Footnote fn. 17 reads:

"17) § 11 and 19 of Decree no. 38/2001 Coll., on hygienic requirements for
products intended for contact with foodstuffs and meals, as amended
regulations. ".

25th in § 5 para. 1, letter d) including footnote no. 43 reads:

" d) ensure

First marketed agricultural products or foodstuffs, or
distributed or marketed tobacco products labeled or offered a misleading manner
^ 8) or not meeting the requirements stipulated by a special legal regulation
^ 3) or directly applicable EU regulation ^ 3a)

Second agricultural products, food, tobacco products or other things
if so determined by special legislation ^ 43)

43) For example, § 115, paragraph. 3 of Law no. 353/2003 Coll., On Excise Taxes
, as amended, § 58 par. 3 of Law no. 307/2013
Coll. mandatory labeling of spirits, as amended. ".

26th in § 5 para. 1 point. e) the words" marketing of tobacco products into circulation
"is replaced by" distribution or marketing of tobacco products
market. "

27th in § 5, at the end of paragraph 1 is replaced by a comma and
letters j) and k), as follows:

" j) stores obligation under § 7c of the Act governing the regulation of advertising

A) imposes an obligation pursuant to § 23a of the Act governing the protection of consumers
.. "

28th in § 5, at the end of paragraph 2 the sentence" If the measures issued under the Protocol
on inspection or any other inspection
document containing the findings of the inspection by the Audit Rules ^ 44), sufficient to justify
only reference to the inspection report or other document control
.. "

Note fn. 44 reads:

"44) § 12 para. 1 point. h) of the Act no. 255/2012 Coll., on control
(Control Regulations). ".

29th in § 5 para. 6 of the first sentence, the word" inspector "shall be replaced
" Director of inspectorate "and the word" also "is deleted.

30th in § 5 para. 6 of the third sentence, the word" inspector "is replaced by
" director. "

31st V § 5 paragraph 1 reads:

"(1) An inspector shall issue consent to renewing the production of agricultural products
food or tobacco products, marketing of agricultural products or
food marketing or marketing of tobacco products or
their distribution or use of packaging, labels, equipment, instruments or
areas that were banned under § 5 para. 1 point. a) if the defective condition
removed; permission must be issued immediately, but no later
within 15 days from the date the person inspected showed
removal of defective condition. ".

32nd in § 5a. 2," marketing` tobacco products,

Whose placing on the market "is replaced by" distributing or placing on the market
tobacco products whose distribution or marketing. "

33rd in § 5a. 3," inspector "is replaced the word "director".

34th § 5b including footnote no. 45 reads:

"§ 5b

(1) The inspector shall ensure things under § 5 para. 1 point. d) of point 1 until
Inspectorate before a final decision on their forfeiture or
prevent, or until it is proved that there was no reason
their security.

(2) The inspector shall ensure things under § 5 para. 1 point. d) Point 2 until
before Inspectorate final decision on their forfeiture or
prevent or until they are handed over to the tax authorities, or to
time when it is proved that there was no reason for the detention.

(3) Controlled person or entity liable ^ 45) is required to secure things
under § 5 para. 1 point. d) inspector. In the event that
inspected person or entity liable refuses to release them, makes
inspector withdrawal. The issuance or withdrawal
Inspector shall prepare a written record.

(4) An inspector is required to secure things under § 5 para. 1 point. d) after
whole time securing stored in a manner that excludes any
handling.

(5) The cost of storage shall be borne by the controlled person. Expenses paid,
proves that there was no reason for the detention.

(6) In justified cases, the inspector to ensure the destruction of hazardous
agricultural products, foodstuffs and tobacco products, whose destruction
ordered under § 5 para. 1 point. b) at the expense of the inspected person
unless specific statutory
otherwise.

45) § 5 para. 2 of Act no. 255/2012 Coll. ".

35th in § 6, paragraphs 1 and 2 shall be added:

" (1) The Inspectorate shall decide a repeal of the measures under § 5 para. 1
point. d) if there was not any reason for the detention. The decision may be issued within 1
year since the imposition of measures pursuant to § 5 para. 1 point. d).

(2) The Inspectorate decides to destroy the things that have been seized pursuant to § 5, paragraph
. 1 point. d) point 1, after the decision on their forfeiture or confiscation
. Destruction officially carried out under the supervision of the three-member committee appointed by Director of Inspectorate
within the period specified in the decision.
The destruction of this committee draw up a protocol. Inspection decides that
controlled person that these things has marketed pay all expenses
their destruction. Reimbursement of costs incurred to destroy things is
income of the state budget and selects the inspector, who imposed it. ".

36th in § 6, paragraph 3 is deleted.

Former paragraphs 4 and 5 become paragraphs 3 and 4

37th in § 11 para. 1 point. b) the words "tobacco products"
inserted the words "or products of the vine."

38th in § 11 para. 1 letter c) and d) are added:

"c) fails to measure under § 5 para. 1 point. c), d), e), f), g), h)
i), j) or k)

D) breaches the obligation stipulated directly applicable regulation governing the European Union
requirements for agricultural products ^ 21) or secondary
products of animal origin, or. "

39th in § 11 at the end paragraph 1, the following point e), added:

"e) violates the seal affixed during an inspection pursuant to § 4 para. 1
point. h). ".

40th in § 11 para. 2 the words" or c) "is replaced by", c) or e). "

41st at the end of the text of § 14 the words "and the amount of the lump sum
costs incurred in connection with scrutiny referred to in § 3 par. 3 point. c) Section 2
. "



PART THREE Amendment of the Act on advertising regulation Article IV



Law no. 40/1995 ., on regulation of advertising and amending and supplementing Law no.
468/1991 Coll., on radio and television broadcasting,
amended, as amended by Act no. 258/2000 Coll., Act.
231/2001 Coll., Act no. 256/2001 Coll., Act no. 138/2002 Coll., Act no.
320/2002 Coll., Act no. 132/2003 Coll., Act No. . 217/2004 Coll., Act no.
326/2004 Coll., Act no. 480/2004 Coll., Act no. 384/2005 Coll., Act no. 444/2005 Coll
., Act no. 25/2006 Coll., Act no. 109/2007 Coll., Act no. 160/2007 Coll
., Act no. 36/2008 Coll., Act no. 296/2008 Coll., Act.
281/2009 Coll., Act no. 132/2010 Coll., Act no. 28/2011 Coll., Act no. 245/2011 Coll
., Act no. 375/2011 Coll., Act No. . 275/2012 Coll., Act no. 279/2013 Coll
., Act no. 303/2013 Coll., and Act no. 202/2015 Coll., is amended as follows
:


First Under § 3, the following new § 3a, including the heading reads:

"§ 3a



Electronic Cigarettes (1) prohibits the advertising which aim or direct or indirect effect
is the promotion of electronic cigarettes and refills them, sirens || | means of information society-10a) or in periodic press
^ 2) non-periodical publications, 3) on leaflets, posters or other printed
, with the exception of publications that are intended exclusively for professionals in the trade
electronic cigarettes and spare
fillings in them, and publications which are printed and published in
third countries, where those publications are not primarily intended for the internal market of the European Union
.

(2 ) prohibited any form of sponsorship of events, activities or
individuals whose aim or direct or indirect effect
promotion of electronic cigarettes and refills them when
object sponsorship concerns several EU Member States or
place in several Member States of the European Union or achieves
cross-border effect in another way. ".

Second In § 5d paragraph. 2, after the word "determined" the words "
law on foodstuffs and tobacco products ^ 41), especially when it comes to putting
information suggesting that the country of origin of foods is the Czech Republic".

Footnote. 41 reads:

"41) Act no. 110/1997 Coll., As amended.".

Third In § 7 at the end of the text of letter f) the words "if
way of spreading this ad unfair trade practices".

Fourth In § 8. 1 at the end of letter l), the word "or" is deleted.

Fifth In § 8 par. 1 letter m) reads:

"M) informs the call supervisory authority and within set time limits on data
person or processor sponsor ad or a person who in his
dissemination of advertising ordered, pursuant to § 7 paragraph. 4, or."

6th In § 8, at the end of paragraph 1 the letter n) is added:

"N) contrary to § 3a par. 1 spread advertising on electronic cigarettes or
to charge them.".

7th In § 8 par. 5 letter c) reads:

"C) 2,000,000 CZK, in the case of an offense under paragraph 1 point. B), c)
d), e), f), g), h), i), k ), l) and n), pursuant to paragraph 2. a), b) or c
) or pursuant to paragraph 3. a), b), c), d) and e). ".

8th In § 8a. 1 point. l) the words "paragraph. 2 or 3" are deleted.

9th In § 8a. 1 at the end of subparagraph a), the word "or" is deleted.

10th In § 8a. 1 letter p) reads:

"P) informs the call supervisory authority and within set time limits on data
person or processor sponsor ad or a person who in his
dissemination of advertising ordered, pursuant to § 7 paragraph. 4, or."

11th In § 8a at the end of paragraph 1 the following point q) is added:

"Q) contrary to § 3a par. 1 spread advertising on electronic cigarettes or
to refill them.".

12th In § 8a. 4 at the end of the text in subparagraph d) the words "or §
3a".

13th In § 8a. 5 point. b) the words "l) or m)" is replaced by "l)
m) or q)."
PART FOUR


The amendment to the Radio and Television Broadcasting
Article V


Act no. 231/2001 Coll., On radio and television
broadcasting and amending other laws, as amended by Act no. 274/2003 Coll.
Act no. 341/2004 Coll., Act no. 501/2004 Coll., Act no. 626/2004 Coll.
Act no. 82/2005 Coll., Act no. 127/2005 Coll., Act no. 348/2005 Coll.
Act no. 235/2006 Coll., Act no. 160/2007 Coll., Act no. 296/2007 Coll.
Act no. 304/2007 Coll., Act no. 124/2008 Coll., Act No. . 384/2008 Coll.
Act no. 41/2009 Coll., Act no. 196/2009 Coll., Act no. 227/2009 Coll.
Act no. 132/2010 Coll., Act no. 153/2010 Coll., Act no. 302/2011 Coll.
Act no. 420/2011 Coll., Act no. 458/2011 Coll., Act no. 142/2012 Coll.
Act no. 275/2012 Coll., Act no. 406/2012 Coll., Act no. 496/2012 Coll.
Act no. 181/2014 Coll., Act no. 250/2014 Coll. and Act no. 79/2015 Coll., is amended as follows
:

First In § 48 par. 1 point. g) and § 53 par. 2, "
or other tobacco products" is replaced by "other tobacco products
electronic cigarettes or refills to them."

Second In § 48 at the end of paragraph 1 is replaced by a comma and a letter
m), which including footnote no. 21 reads:

"M) commercial communications indicating that the country of origin of the food is
Czech Republic, if the requirements set out by the

Food and tobacco products ^ 21).

21) § 9b of the Act no. 110/1997 Coll., On foodstuffs and tobacco products and
amending and supplementing some related laws, as amended
regulations. ".

3 . In § 49 para. 1, letter c) reads:

"c) commercial communications for erotic services, erotic products
and human medicines or supplements to support sexual performance
been assigned to broadcast in the period from 06.00 am to 22.00 pm
; this obligation on the broadcaster does not apply if the end user
broadcasts available on the basis of a written contract
concluded with a person aged 18 years and it provided technical
measure which allows the person to restrict access to broadcasts
children and adolescents. "

4. In § 53a paragraph. 4, letter a) reads:

" a) cigarettes, other tobacco products, electronic cigarette replacement
filling them or product placement from persons whose principal
activity is the manufacture or sale of cigarettes, other tobacco products,
electronic cigarettes or refills them, or. "


PART FIVE
change law on audiovisual media services on demand Article VI



Act no. 132/2010 Coll., on audiovisual media services on demand
and amending some laws (Act
audiovisual media services on demand), as amended by Act no. 302/2011 Coll., and Act no. 142/2012 Coll
., is amended as follows:

first in § 8 . 2 point. b) and § 9 par. 2, "
or other tobacco products" is replaced by "other tobacco products
electronic cigarettes or refills to them."

Second In § 8, at the end of paragraph 2 is replaced by a comma and
letter d), which including footnote no. 14 reads:

"D) audiovisual commercial communications indicating that the country of origin
food is the Czech Republic, if the requirements laid down
law on foodstuffs and tobacco products ^ 14).

14) § 9b Act no. 110/1997 Coll., on foodstuffs and tobacco products and
amending and supplementing some related laws, as amended
regulations. ".

Third In § 10 paragraph. 4, letter a) reads:

"A) cigarettes, other tobacco products, electronic cigarettes or
refills them, or product placement from persons whose principal
activity is the manufacture or sale of cigarettes, other tobacco
products, electronic cigarettes or refills them, or ".
PART SIX



EFFICIENCY ARTICLE VII


(1) This Act shall take effect on the 90th day following its publication
, with the exception of

A) of Article I, para. 30, regarding, § 9a para. 1 point. c) and Article I, para. 31
which come into effect on 1 January 2017

B) of Article I, para. 36 in terms of § 11 para. 2, which comes into effect on
first January 2018,

C) of Article I, para. 39 in terms of § 12c para. 1 and 2, which takes effect
on 20 May 2019,

D) of Article I, para. 39 in terms of § 12c para. 3 and 4, which takes effect on 20 May
2024

(2) Article I, para. 39 in terms of § 12d paragraph. 1 point. e)
expiration expires on 19 May 2019.

(3) Article I, para. 38 in terms of § 12a Par. 2 cease to be valid at the end
19 May 2020

(4) Article I, para. 39, regarding § 12e point. c) and § 12f point.
C) expires expiry on 19 May 2024.


Hamáček vr Zeman


Sobotka

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