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Ordinance To The Law On The Manufacture, Presentation And Sale Of Tobacco Products

Original Language Title: Bekendtgørelse af lov om fremstilling, præsentation og salg af tobaksvarer

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Table of Contents

Chapter 1 Scope and definitions

Chapter 2 Thresholds

Chapter 3 Measurement methods

Chapter 4 Labelling

Chapter 5 Additional information

Chapter 6 Commodic

Chapter 7 Tobacco taken into orally

Chapter 8 Authorisation and penalty provisions

Chapter 9 The entry into force, etc.

Publication of the law on the manufacture, presentation and sale of tobacco products 1)

This shall be the subject of the law. 375 of 6. June 2002 on the production, presentation and sale of tobacco products with the changes resulting from Section 1 of Law No 1. 536 of 17. June 2008.

Chapter 1

Scope and definitions

§ 1. The law shall apply to tobacco products, which means goods intended for smoking, whether or not they are sucked or chewed if they are manufactured in part only in part, whether or not genetically modified.

§ 2. For the purposes of this Act,

1) "tar" : nicotine free anhydride condensate of unfiltered smoke,

2) "nicotine" : nicotine alkaloids,

3) ' additive ` shall mean any substance or all ingredient, except for tobacco or other natural or unprocessed tobacco plants used in the manufacture or preparation of tobacco products, and which resides in the final product, as amended ; or modified form, including paper, filter, ink and sticky.

Chapter 2

Thresholds

§ 3. The Minister for Health and Prevention must set limit values for maximum content of tar, nicotine and carbon monoxide in cigarettes manufactured or put into circulation on the Danish market, with a view to implementing Community acts on this matter.

Paragraph 2. The Ministry of Health and Prevention may set limit values for the maximum content of tar, nicotine and carbon monoxide in other tobacco products than cigarettes manufactured or put into circulation on the Danish market, in order to implement : Community acts on this matter.

Chapter 3

Measurement methods

§ 4. The Ministry of Health and Prevention shall lay down rules on measuring methods to measure the content of tar, nicotine and carbon monoxide in cigarettes, the checks and the definitions relating thereto for the purpose of carrying out Community acts on this matter.

§ 5. The undertaking referred to in section 4 shall be carried out or checked by test laboratories accredited by the DANAK, Danish Accreditation, or by an equivalent accreditation body.

Paragraph 2. DANAK or equivalent accreditation body shall supervise the accredited test laboratories in this country.

§ 6. The Minister for Health and Prevention may decide that tobacco manufacturers or importers shall perform any other sample in order to :

1) determine the quantity of other substances rendered by their tobacco products, broken down by brand and type, and

2) assess the health impact of these substances, including their addictive effects.

Paragraph 2. The Minister for Health and Prevention may decide that the tests referred to in paragraph 1 shall be as set out in paragraph 1. 1, shall be performed or checked by approved test laboratories, cf. § 5.

Paragraph 3. The Ministry of Health and Prevention may decide that the results of the tests carried out in accordance with paragraph 1 shall be taken. 1, shall be submitted to the Health and Health Minister at once a year or, where the products specifications have not been altered, at intervals of intervals.

Paragraph 4. The Minister for Health and Prevention shall ensure that the information obtained pursuant to paragraph 1 shall be made. 1, shall be published. However, this does not apply to information which may constitute a production secret.

Chapter 4

Labelling

§ 7. Cigarettes placed in the Danish market, on the one hand, on the one hand of the cigarette packet, on the one hand of the cigarette contents of tar, nicotine and carbon monoxide, measured in accordance with provisions laid down in Article 4, so that : at least 10%. the surface of the concerned shall be covered.

Paragraph 2. The Minister for Health and Prevention may lay down provisions for the implementation of Community acts that the rule set out in paragraph 1 shall be that the rule is applied. 1 also applies to

1) other tobacco products other than cigarettes and

2) other content substances other than tar, nicotine and carbon monoxide.

§ 8. All tobacco products must be provided with one of the following general warnings :

1) "Smoking can kill" or

2) "Smoking is extremely damaging to you and your surroundings."

Paragraph 2. The provision in paragraph 1 shall be However, 1 shall not apply to smoke-free tobacco to be provided with the following warning : ' This tobacco product may be harmful to health and to the addictive of addictions. `

Paragraph 3. The general warnings referred to in paragraph 1. One, both must be used, and it must be ensured that they are replaced and regularly printed.

Paragraph 4. The people in paragraph 3. 1 mentioned general warnings and the general warning referred to in paragraph 1 2 mentioned warning shall be printed on one of the most visible of the package's pages.

Paragraph 5. Where the tobacco products are covered by outer packaging used at the retail sale of the goods, they shall be required to do so in paragraph 1. 1 mentioned warnings and the one listed in paragraph 1. The same warning shall also be printed on this packaging, unless the packaging is transparent.

§ 9. The Ministry of Health and Prevention must establish that all tobacco products must be provided with a specific warning and lay down detailed rules for the application and design of these warnings, as well as how often they must : be replaced with a view to the implementation of Community acts on this matter.

Paragraph 2. The Minister for Health and Prevention may lay down provisions for further warnings, in the form of colourings or other illustrations for the implementation of Community acts on this matter.

§ 10. The general warning referred to in paragraph 8 (4). 1, and the warning referred to in Article 8 (3). 2 shall cover a minimum of 30%. by the surface on the page concerned.

Paragraph 2. The specific warning referred to in paragraph 9 (4). 1, cover not less than 40%. by the surface on the page concerned.

Paragraph 3. In packages intended for other products other than cigarettes where the most visible surface is greater than 75 cm ; 2 the warning referred to in paragraph 8 (3) shall be that of the warning. Paragraph 1, and in paragraph 9 (4). 1, cover not less than 22,5 cm ; 2 of the surface.

§ 11. The warnings and content information to be entered in accordance with section 7 (2). Paragraph 1, section 8, paragraph 8. Under Article 9 (1) and in accordance with the provisions laid down in Article 9 (2), 1, shall be indicated as follows :

1) Printed with black, bold writing in the font of Helvetica on a white background.

2) A font size shall be used to ensure that the highest possible proportion of the area reserved for the text in question is completed.

3) In lowercase, except for the first letter of text, and when it is required for grammar reasons.

4) The centre of the area in which the text in question is to be printed in parallel with the overedge of the package.

5) Wounded by a black border, which is at least 3 mm and not more than 4 mm wide and which in no way disrupt that warning or information.

6) In Danish.

Paragraph 2. The provision in paragraph 1 shall be 1, no. Five does not apply to smoke-free tobacco.

Paragraph 3. The Minister for Health and Prevention may lay down detailed rules for the provision in paragraph 1. 1, no. 5.

§ 12. It is forbidden to print the alert external on the paidole of the package, cf. Section 7 (2). Paragraph 1, section 8, paragraph 8. One and two, and section 9 (4). 1.

Paragraph 2. The texts referred to in paragraph 7 (4). Paragraph 1, section 8, paragraph 8. The provisions of Article 9 (1) and (2) are laid down in accordance with Article 9 (2). 1, must be printed in such a way that they cannot be removed or deleted.

Paragraph 3. The texts referred to in paragraph 7 (4). Paragraph 1, section 8, paragraph 8. The provisions of Article 9 (1) and (2) are laid down in accordance with Article 9 (2). 1, must not be concealed, covered or broken by other markings or images or opening the package.

Paragraph 4. In the case of other tobacco products other than cigarettes, the texts may be placed by means of self-sticker labels, provided that such labels cannot be removed.

§ 13. In relation to the sections referred to in section 8 (2). One and two, and section 9 (4). The warning from the 'European Parliament and the European Council' does not mean that one and two warnings could be reported outside the framework of warning.

§ 14. The Minister for Health and Prevention must provide for tobacco products to be labelled at each packet so that the place and time of manufacture can be determined, and to lay down detailed rules on the technical implementation of this ; labelling for the implementation of Community acts on this matter.

Chapter 5

Additional information

§ 15. Tobacco manufacturers and importers must, in the interests of health and prevention, submit a list of all the additives and their quantities, used in the manufacture of their tobacco products, broken down by trade mark and type.

Paragraph 2. The one in paragraph 1. the list shall be accompanied by a declaration as to why the additives in question are included in these tobacco products. It must provide information on the operation and category of the additive.

Paragraph 3. The one in paragraph 1. 1 the list shall contain all the toxicological information provided to the manufacturer or importer of these additives before and after the incineration, as appropriate.

Paragraph 4. The additives forming part of the tobacco in question shall be shown on the subject matter referred to in paragraph 1. 1 list in order of falling weight.

Paragraph 5. The information referred to in paragraph 1. The first time a year, the 31 of the first year, must be sent to the Health and Prevention Minister. December 2002.

§ 16. The Minister for Health and Prevention can determine which additives it is permitted to use in tobacco products for the purpose of implementing Community acts on this matter.

Paragraph 2. The minister for health and prevention can temporarily lay down rules prohibiting the use of additives which reinforce the addictive properties of tobacco products.

§ 17. The Ministry of Health and Prevention shall ensure that the information obtained pursuant to section 15, including a list of additives for each item, indicating the content of tar, nicotine and carbon monoxide, shall be published. However, this does not apply to specific product formulae which may constitute a production secret.

Chapter 6

Commodic

§ 18. The Minister for Health and Prevention must lay down detailed rules on the fact that certain texts, names, trademarks, images and characters or other characters suggesting that a particular tobacco answer are less harmful than others, must not be used on tobacco products ; packaging for the implementation of Community acts on this matter.

Paragraph 2. The people in paragraph 3. Paragraph 1 shall not preclude the fact that the contents of tobacco products are printed on the contents of the products referred to in the case of tobacco products, cf. § 7.

Chapter 7

Tobacco taken into orally

§ 19. Sale of powdered tobacco in the form of snuff wrapped in porous portions letters or similar to the intake in the mouthcave are not allowed.

Chapter 8

Authorisation and penalty provisions

20. The Minister for Health and Prevention can empower an institution under the Ministry of Health and Prevention to exercise its prerogatives by the law.

Paragraph 2. The Minister for Health and Prevention may lay down rules for access to decisions taken under the authority of paragraph 1. 1, including that decisions must not be possible for the enforcement of a higher administrative authority.

§ 21. With fine punishment, the one who

1) is breaching section 5 (5). Paragraph 7, paragraph 7. Paragraph 1, section 8, paragraph 8. 1-5, section 10, paragraph 10. 1-3, section 11, paragraph 11. 1, section 12, paragraph 1. 1-4, section 15, paragraph 15. 1-5, or Section 19, and

2) are breached in accordance with the provisions of section 3, the paragraphs 1 and 2, section 4, section 6 (4). One-three, paragraph 7, paragraph 7. 2, section 9 (4). One and two, section 11, paragraph 1. Paragraph 3, section 14, section 16 or Section 18 (2). 1.

Paragraph 2. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Chapter 9

The entry into force, etc.

§ 22. The law shall enter into force on the 30. September 2002.

Paragraph 2. (Transitional provisions in law no. 375 of 6. June 2002 is omitted)

Paragraph 3. (Excluded)

Paragraph 4. (Excluded)

Paragraph 5. At the same time, the law of the law 426 of the 13th. June 1990 on the labelling of tobacco products, the tar content of cigarettes and the prohibition of the sale of certain triptobacteria.

-23. The law does not apply to the Faroe Islands and Greenland.


Law No 536 of 17. June 2008 shall include the following entry into force :

§ 4

The law shall enter into force on 1. September 2008.

The Ministry of Health and Prevention, the 21st. October 2008 Jakob Axel Nielsen / Hanne Nicoline Makholm
Official notes

1) The law provides for the implementation of parts of Directive 2001 /37/EC of the European Parliament and of the Council of 5. June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the production, presentation and sale of tobacco products (EC Official Journal 2001). In 194 page 26).