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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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=121336

Overview (table of contents) Chapter 1 scope and definitions

Chapter 2 limit values

Chapter 3 measurement methods

Chapter 4 Labeling

Chapter 5 Additional information

Chapter 6 trade names

Chapter 7 oral tobacco

Chapter 8 the enabling and criminal provisions

Chapter 9 entry into force, etc., The full text of the Ordinance to the law on the manufacture, presentation and sale of tobacco products 1)

Hereby promulgated Act No. 375 of 6. June 2002 on the manufacture, presentation and sale of tobacco products with the changes imposed by § 1 of lov nr. 536 of 17. June 2008.

Chapter 1

Scope and definitions

§ 1. The law applies to tobacco products, which shall mean goods which are intended for the purposes of smoking, sniffing, sucking or chewing, if they are, even partly, made of tobacco, whether it is genetically modified.

§ 2. In this law, the term





1) ' tar ': nikotinfri anhydride condensate of unfiltered smoke,

2) ' nicotine ': nicotine alkaloids,

3) ' food additive ' means any substance or any constituent except for tobacco leaf and other natural or unprocessed tobacco plant parts used in the manufacture or preparation of a tobacco product and still present in the finished product, even if in altered form, including paper, filter, inks and adhesives.





Chapter 2

Limit values

§ 3. The Minister for health and prevention must lay down limit values for the maximum tar, nicotine and carbon monoxide yields of cigarettes manufactured or placed on the Danish market, with a view to implementing Community acts on this.

(2). The Minister for health and prevention can lay down limit values for the maximum tar, nicotine and carbon monoxide in tobacco products other than cigarettes, manufactured or placed on the Danish market, with a view to implementing Community acts on this.

Chapter 3

Methods of measurement

§ 4. The Minister of health shall lay down rules on measuring methods for measuring the tar, nicotine and carbon monoxide yields of cigarettes, on monitoring and on the definitions relating thereto with a view to the implementation of Community acts on this.

§ 5. The company referred to in section 4 must be carried out or verified by testing laboratories which are accredited by DANAK, Danish Accreditation, or of an equivalent accreditation body.

(2). (DANAK) or an equivalent accreditation body supervises the accredited testing laboratories in this country.

§ 6. The Minister for health and prevention can determine that tobacco manufacturers or importers shall carry out all the other tests in order to





1) determine the amount of other substances made by their tobacco products, broken down by brand and type, as well as

2) assess health effect of these substances, including their addictive effect.





(2). The Minister for health and prevention can determine that the samples referred to in paragraph 1 shall be carried out or verified by accredited testing laboratories, see. § 5.

(3). The Minister for health and prevention can determine that the results of tests carried out in accordance with paragraph 1 shall be submitted to the Minister for health and prevention once a year or, if the specifications are not changed, with longer intervals.

(4). The Minister of health shall ensure that the information obtained pursuant to paragraph 1 shall be made public. However, this does not apply to information which may constitute a trade secret.

Chapter 4

Labelling

§ 7. Cigarettes are put into circulation on the Danish market, on the one side of the cigarette packet be printed information about cigarettes tar, nicotine and carbon monoxide levels measured in accordance with the provisions laid down in pursuance of § 4, so that at least 10% of the corresponding surface is covered.

(2). The Minister for health and prevention can lay down provisions for the implementation of Community acts with a view, the rule in paragraph 1 also applies to





1) tobacco products other than cigarettes and

2) other ingredients than tar, nicotine and carbon monoxide.





§ 8. All tobacco packages shall bear one of the following general warnings:





1) ' smoking can kill ' or

2)» smoking seriously harms you and your surroundings '.





(2). The provision in paragraph 1 shall not apply to smokeless tobacco, which shall bear the following warning: "this tobacco product can damage your health and is addictive '.

(3). General warnings referred to in paragraph 1, must both be used, and it must be ensured that they are replaced and the regular appearance.

(4). Referred to in paragraph 1, the General warnings and the referred to in paragraph 2, the warning shall be printed on one of the most visible of the package's pages.

(5). If the tobacco products packages are covered by outer packaging used in the retail sale of the product, referred to in paragraph 1, the warnings and the warning referred to in paragraph 2 shall also be printed on the packaging, with less packaging is transparent.

§ 9. The Minister of health shall lay down rules to the effect that all tobacco packages should be provided with a specific warning, and lay down detailed rules for the placement and design of these warnings, as well as how often they need to be replaced, for the purposes of implementing the Community legislation on this.

(2). The Minister for health and prevention may provide for additional warnings in the form of colour photographs or other illustrations for the implementation of Community acts on this.

§ 10. The general warning referred to in section 8, paragraph 1, and the warning referred to in section 8, paragraph 2, shall cover not less than 30 per cent of the surface on that page.

(2). The specific warning referred to in § 9 (1) shall cover not less than 40 per cent of the surface on that page.

(3). On the packets intended for products other than cigarettes, the most visible surface is greater than 75 cm2, the warning referred to in section 8, paragraph 1, and article 9, paragraph 1, cover at least 22.5 cm2 of the surface.

§ 11. The text of warnings and yield indications required under section 7, paragraph 1, article 8, paragraphs 1 and 2, as well as in accordance with the provisions laid down pursuant to section 9, paragraph 1, shall be:





1) printed in black Helvetica bold type, on a white background.

2) which shall be used in a font size that ensures the greatest possible proportion of the area reserved for that text, will be filled in.

3) With small letters, except for the first letter, and where required by grammar usage;.

4) Centered on the area where the text to be printed, parallel to the top edge of the package.

5) surrounded by a black border that is not less than 3 mm and not more than 4 mm wide, and which in no way interferes with the respective warning or information.

6) In Danish.





(2). The provision in paragraph 1, no. 5, shall not apply to smokeless tobacco.

(3). The Minister for health and prevention may lay down detailed rules as regards the provision in paragraph 1, no. 5.

§ 12. It is forbidden to press the warning texts on the package's band, see. section 7, paragraph 1, article 8, paragraphs 1 and 2, as well as section 9, paragraph 1.

(2). The texts referred to in § 7 (1) of section 8, paragraphs 1 and 2, as well as in the provisions laid down pursuant to section 9, paragraph 1, shall be printed in such a way that they cannot be removed or deleted.

(3). The texts referred to in § 7 (1) of section 8, paragraphs 1 and 2, as well as in the provisions laid down pursuant to § 9 (1) must not be hidden, obscured or tampered by others or pictorial matter or by the opening of the package.

(4). By tobacco products other than cigarettes, the texts can be affixed by means of self-adhesive stickers, provided that such stickers are irremovable.

§ 13. In connection with those in section 8, paragraphs 1 and 2, and article 9, paragraphs 1 and 2, said warnings can it outside the frame with the warning, the warning comes from ' the European Parliament and the Council of the EU '.

§ 14. The Minister for health and prevention should establish provisions for tobacco products shall be marked on the individual packages, so as to place and time of manufacture can be established, as well as lay down detailed provisions concerning the technical implementation of this labelling with a view to the implementation of Community acts on this.

Chapter 5

For more information

§ 15. Tobacco manufacturers and importers to the Minister for health and prevention must submit a list of all the additives and quantities thereof, used in the manufacture of their tobacco products, broken down by brand name and type.

(2). The list referred to in paragraph 1 shall be accompanied by a statement of why the additives in question are included in these tobacco products. It must provide information about additives feature and category.

(3). The list referred to in paragraph 1 shall contain all the toxicological information that the manufacturer or importer available to them on these additives, before and after combustion, whichever is applicable.


(4). The additives included in the particular tobacco product, to be entered on the list referred to in paragraph 1 in descending order of weight.

(5). The information referred to in paragraphs 1 to 4, must be submitted to the Minister for health and prevention once a year, for the first time on 31 May. December 2002.

§ 16. The Minister for health and prevention can determine which food additives permitted in tobacco products for the purposes of implementing the Community legislation on this.

(2). The Minister for health and prevention can temporarily lay down rules prohibiting the use of additives, which reinforce tobacco goods addictive properties.

§ 17. The Minister of health shall ensure that the information obtained pursuant to § 15, including a list of additives for each item, with an indication of tar, nicotine and carbon monoxide yields, is made public. However, this does not apply to information about specific product formulas, which can constitute a trade secret.

Chapter 6

Sales descriptions

§ 18. The Minister of health shall lay down detailed rules on certain texts, names, trade marks, pictures and shapes or other signs suggesting that a particular tobacco product is less harmful than others, may not be used on tobacco product packaging, with a view to the implementation of Community acts on this.

(2). The rules referred to in paragraph 1 shall not prevent that on tobacco product packaging printed information about contents, see. § 7.

Chapter 7

Oral tobacco

§ 19. Sales of powdered tobacco in the form of snuff packed in porous portion letters or similar for concealment in the oral cavity is not allowed.

Chapter 8

Empowerment and criminal provisions

§ 20. The Minister of health may authorize an institution under the Ministry of health and prevention to exercise its powers in accordance with the law.

(2). The Minister for health and prevention may lay down rules on access to appeal against decisions taken pursuant to the authority in accordance with paragraph 1, including the fact that decisions should not be brought before the higher administrative authority.

§ 21. With fine punished anyone who





1) violate section 5, paragraph 1, article 7, paragraph 1, article 8, paragraphs 1 to 5, article 10, paragraphs 1 to 3, article 11, paragraph 1, article 12, paragraphs 1 to 4, article 15, paragraphs 1 to 5, or section 19, as well as

2) violates regulations laid down pursuant to article 3, paragraphs 1 and 2, section 4, article 6, paragraphs 1 to 3, article 7, paragraph 2, article 9, paragraphs 1 and 2, section 11, paragraph 3, article 14, section 16 or section 18, paragraph 1.





(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 9

Entry into force, etc.

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

(2). (Transitional provisions of Act No. 375 of 6 June 2002 is omitted)

(3). (Omitted)

(4). (Omitted)

(5). At the same time as the entry into force of the Act repealed Act No. 426 of 13. June 1990 concerning the labelling of tobacco products, on the tar content in cigarettes and banning the sale of certain snus two's va rer.

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




Act No. 536 of 17. June 2008 includes the following entry-into-force provision:



§ 4

The law shall enter into force on the 1. September 2008.
The Ministry of health and prevention, 21. October 2008 Jakob Axel Nielsen/Hanne nicoline Makholm Official notes 1) Act contains provisions implementing parts of the European Parliament and Council Directive 2001/37/EC of 5. June 2001 on the approximation of the laws of the Member States ' laws, regulations and administrative provisions on the manufacture, presentation and sale of tobacco products (Official Journal of the European Communities 2001 nr. L 194 page 26).