Legislation on tobacco products and related products (Tobacco Products Act-Tobacco Products Act)

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Tobacco growthG

Date of delivery: 04.04.2016

Full quote:

" Tobacco Products Act of 4 April 2016 (BGBl. I p. 569) "

Footnote

(+ + + Text proof: 20.5.2016 + + +) 
(+ + + For application cf.  § § 1 (1), 3 (1), 36, 47 (3), 47 (4) + + +) 

  

The G was decided as Article 1 of the G v. 4.4.2016 I 569 by the Bundestag with the consent of the Bundesrat. It's gem. Article 8 (1) of this Act entered into force on 20.5.2016. To the extent that the G is authorized to enact legal regulations, the G gem shall enter into force. Art. 8 (2) of the G v. 4.4.2016 I 569 on 9.4.2016 in force. Unofficial table of contents

Content Summary

Section 1General provisions

§ 1	Definitions; applicability of further provisions
§ 2	Other definitions
§ 3	Responsible persons

Section 2Tobacco Products

§ 4	Emission Values
§ 5	Ingredients
§ 6	Warning and packaging
§ 7	Traceability; detection and security feature
§ 8	Irradiation
§ 9	Plant protection products
§ 10	Awareness
§ 11	Tobacco products for oral use
§ 12	Novel tobacco products

Section 3Related Products

§ 13	Ingredients of electronic cigarettes and refill containers
§ 14	Nature of electronic cigarettes and refill containers
§ 15	Package leaflet, warning and packaging for electronic cigarettes and refill containers
§ 16	General obligations of the manufacturer, the importer and the distributor of electronic cigarettes and refill containers
§ 17	Herbal smoke products

Section 4Common rules for
Tobacco products and related products

§ 18	Prohibitions to protect against deception
§ 19	Prohibition of radio advertising, advertising in printed products and in services of the information society, prohibition of sponsorship
§ 20	Prohibition of advertising in audiovisual media services
Section 21	Prohibition of advertising with qualitative objectives
Section 22	Cross-border distance sales to consumers; data protection
Section 23	Appropriations

Section 5PRs

§ 24	General requirements for the placing on the market of consumer goods
Section 25	Transfer of substances to products
Section 26	Appropriations

Section 6Monitoring

§ 27	Competence and Cooperation
§ 28	Tasks of the market surveillance authorities
§ 29	Market surveillance measures
§ 30	Addressees of market surveillance measures
Section 31	Rights and powers, sampling
Section 32	Disclosure and co-action obligations
§ 33	Appropriations

Section 7Strait and Bußfines

Section 34	Criminal provisions
§ 35	Fines
§ 36	Recovery
Section 37	Appropriations

Section 8Final provisions

§ 38	Official collection of investigative procedures
§ 39	Approval of exceptions
§ 40	Products originating in other Member States of the European Union or of other States Parties to the Agreement on the European Economic Area
Section 41	Temporary movement bans
§ 42	Export
Section 43	Legal orders in urgent cases
Section 44	Legal Regulations on the approximation of Union law
§ 45	Transmission of appropriations
Section 46	Authorisation to adapt legal regulations
§ 47	Transitional arrangements

Section 1
General provisions

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§ 1 Definitions; applicability of further provisions

(1) The definitions of Article 2 of Directive 2014 /40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws of the Member States shall apply to the application of this Act and of the legal regulations adopted pursuant to this Act. Provisions laid down by law, regulation or administrative action in Member States concerning the manufacture, presentation and sale of tobacco products and related products and repealing Directive 2001 /37/EC (OJ L 197, 21.7.2001, p. OJ No L 127, 29.4.2014, p. 1). Article 2 (40) shall apply with the proviso that the provision of products shall include any supply of a product for distribution, consumption or use on the Community market in the course of a business activity. (2) Provisions on protection of human health or of consumer protection against deception under other laws and of the legal regulations adopted pursuant to these laws. Unofficial table of contents

§ 2 Other definitions

For the purposes of this Act and of the legal regulations adopted pursuant to this Act, the following shall be:

1.

Products: tobacco products and related products,

2.

related products: electronic cigarettes, refill containers and vegetable smoked products,

3.

Treatment: weighing, measuring, refilling, stamping, printing, packaging, cooling, storing, storing, promoting and any other activity which is not to be regarded as a production or placing on the market,

4.

Economic operators: producers, authorised agents, importers, distributors and any other actor within the supply and distribution chain of products;

5.

Advertising information: names, information, representations, representations, signs and symbols for the purposes of advertising,

6.

advertising: any kind of commercial communication with the aim or with the direct or indirect effect of promoting the sale of a product;

7.

Sponsorship: any public or private contribution to an event or activity or to any support of individuals with the aim or the direct or indirect effect of promoting the sale of a product;

8.

Information society services: services within the meaning of Article 1 (1) (b) of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical Rules and rules on information society services (OJ C 139, 30.4.2004, p. OJ L 241, 17.9.2015, p.1),

9.

Items of demand: packs, containers or other envelopes intended to come into contact with products;

10.

Customs authorities: the authorities responsible for the control of external borders.

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§ 3 Responsible persons

(1) In the course of their business activities, economic operators shall be equally obliged to ensure that only products which comply with the requirements of this Act and of the provisions adopted pursuant to this Act are placed on the market. Legal regulations are sufficient. To the extent that one or more economic operators are particularly obligated in the legislation referred to in the first sentence, these provisions shall apply in addition. (2) The advertising prohibitions of § § 19 to 21 shall be addressed to the manufacturer, the importer, the Dealers and any natural or legal person who operates advertising or sponsorship.

Section 2
Tobacco products

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§ 4 Emission values

(1) cigarettes may only be produced or marketed in such a way that the following emission values are not exceeded:

1.

Teer: 10 milligrams per cigarette,

2.

Nicotine: 1.0 milligram per cigarette,

3.

Carbon monoxide: 10 milligrams per cigarette.

(2) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry for Economic Affairs and Energy, to establish further maximum emissions limits with the approval of the Federal Council, subject to the approval of the Federal Council, to the extent that: whereas this is necessary for the protection of consumers against damage to health or to the implementation of European Union legislation; Unofficial table of contents

§ 5 Ingredients

(1) It shall be prohibited to place on the market:

1.

Cigarettes and taboos for self-turning, which

a)

have a characteristic aroma, or

b)

contain flavouring substances in their constituents or have other technical characteristics with which the smell or taste or the intensity of smoke can be altered;

2.

filter, paper and capsules for cigarettes and for tobacco for self-turning, containing tobacco or nicotine;

3.

tobacco products containing additives in quantities which can measurably increase the toxic or addictive effect or the carcinogenic, mutagenic or reproductive properties (CMR properties) in the case of consumption;

4.

Tobacco products which do not satisfy the requirements of a regulation adopted pursuant to paragraph 2, first sentence, point 3 or 4.

(2) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry for Economic Affairs and Energy, by means of a legal regulation with the consent of the Federal Council, insofar as this is for the protection of consumers. the consumer is required to be subject to health damage or to the implementation of legal acts of the European Union;

1.

determine the additives or combinations of additives which are considered to be the characteristic flavouring referred to in paragraph 1 (1) (a),

2.

to determine the self-rotation of cigarettes and tobacco which contain additives or combinations of additives which produce a characteristic flavouring as referred to in paragraph 1 (1) (a),

3.

prohibit or restrict the placing on the market of tobacco products with certain ingredients or with certain quantities of ingredients and to determine or fix the quantities of such ingredients,

4.

to fix maximum levels for the content of certain additives in tobacco products; and

5.

to regulate the procedure to be followed in the determination referred to in points 1 and 2, in particular by prescribting that:

a)

in the case of the manufacturer or importer, including the time limit, the following may be requested:

aa)

written opinions and other information, in particular on the marketing, production or composition of tobacco products, on the additives used, on their function and on the reasons for their use, and the effects of these additives, in particular with regard to the production of a characteristic flavouring,

bb)

information on measures taken, in particular on the withdrawal of products from the market;

b)

the Commission, other Member States or third parties may be involved or informed, and the third parties involved may be invited to submit their comments and to communicate certain information.

The Federal Office of Consumer Protection and Food Safety is responsible for the implementation of the regulations set out in the first sentence of the first sentence.

Footnote

(+ + + § 5 (1) (1) (1) (1)) a: For use, see Section 47 (4) + + +) Unofficial table of contents

§ 6 Warning Information and Packaging

(1) Tobacco products may be placed on the market only if the packs and outer packaging are accompanied by health warnings which have a legal regulation as referred to in paragraph 2 (1) for the product in question. (2) The Federal Ministry of Food and Agriculture is authorized to:

1.

in agreement with the Federal Ministry for Economic Affairs and Energy and the Federal Ministry of Health by means of a legal regulation with the consent of the Federal Council for the implementation of European Union legal acts Content, type and manner, scope and to regulate the labelling procedure with health warnings;

2.

, in agreement with the Federal Ministry of Finance and the Federal Ministry for Economic Affairs and Energy, by means of a regulation with the consent of the Federal Council for the implementation of legal acts of the European Union to require that tobacco products may be placed on the market only in certain units and in packages of a particular type or size.

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§ 7 Traceability; recognition and security feature

(1) Tobacco products may only be placed on the market if the packages are provided with the following characteristics:

1.

with an individual recognition characteristic and

2.

with a forgery-proof security feature.

(2) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry of Finance, by legal regulation with the consent of the Federal Council for the implementation of legal acts of the European Union, content, type and ways to regulate the scope and the method of marking with an individual identification feature and a forgery-proof security feature. It may, in particular,

1.

require that economic operators

a)

certain information, in particular the date, place and manner of manufacture, the nature, quantity, origin and nature of the tobacco products and the names and addresses of all purchasers in the distribution chain, and

b)

to transmit this information electronically to a data store in accordance with point 3;

2.

Manufacturers of tobacco products shall require the other economic operators, with the exception of the trader who supplies tobacco products directly to consumers, the technical equipment for the collection and electronic collection of tobacco products submission of the information referred to in point 1 (a);

3.

require manufacturers and importers of tobacco products to process and manage the information referred to in point 1 (a) by independent third parties in a data store located in the territory of the European Union, and to to conclude data storage contracts, and to adopt rules on

a)

the requirements and the procedure for the selection and authorisation of the independent third parties by the Commission,

b)

the compatibility of the processing and management of the information referred to in point 1 (a) with the requirements of data protection and data protection;

c)

the monitoring of the independent third parties by external auditors, their selection and remuneration by the manufacturer, as well as the reporting obligations of the auditors;

d)

access to the information referred to in point 1 (a) and to the duty of access by the Commission, the competent authorities, the competent authorities of the Member States of the European Union and the customs authorities to the physical location of the storage; it may also be provided that, in justified cases, access to this information may also be granted to manufacturers or importers;

4.

require the economic operators to keep and store written records of the distribution chain.

Footnote

(+ + + § 7: For application, see Section 47 (3) + + +) Unofficial table of contents

§ 8 irradiation

(1) It is prohibited to:

1.

to use as a manufacturer of tobacco products an unauthorised irradiation with ultraviolet or ionizing radiation,

2.

To place tobacco products on the market which have been irradiated contrary to the prohibition laid down in point 1 or contrary to the requirements of a regulation adopted pursuant to paragraph 2.

(2) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry of Education and Research and the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, by means of a legal regulation with Approval of the Federal Council,

1.

in so far as it is compatible with the protection of consumers against damage to health, irradiation with ultraviolet or ionizing radiation in general or for certain tobacco products or for certain uses; to allow and,

2.

in so far as this is necessary for the protection of consumers against damage to health, to prescribe certain technical procedures for authorised radiation.

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§ 9 Plant protection products

The Federal Ministry of Food and Agriculture is authorized by law with the consent of the Federal Council, in agreement with the Federal Ministry for Economic Affairs and Energy, with the consent of the Federal Council, insofar as this is for the protection of consumers. the consumer is required to be subject to health damage;

1.

to set maximum levels for plant protection products and their degradation and reaction products, which may not be exceeded in or on tobacco products when they are placed on the market,

2.

prohibit the placing on the market of tobacco products in respect of which certain plant protection products have been used or in the case of which the starting materials have been used.

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§ 10 Information

(1) The application of the irradiation permitted under Article 8 (2) (1) pursuant to the legal regulations shall be marked. The Federal Ministry of Food and Agriculture is authorized to regulate in these jurisdictions the nature of the information and to allow exceptions to the obligations of information to the extent that this is done with the protection of the (2) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry for Economic Affairs and Energy, to comply with the law with the consent of the Federal Ministry for Economic Affairs and Energy. of the Federal Council, insofar as this is necessary for the protection of consumers damage to health is required,

1.

to adopt rules on the identification of tobacco products containing substances as defined in paragraph 9 of this Article,

2.

to require tobacco products to be accompanied by certain information, in particular on the use of these substances.

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Section 11 Tobacco products for oral use

It is prohibited to place tobacco products on the market for oral use. Unofficial table of contents

§ 12 New tobacco products

(1) New tobacco products may only be placed on the market if they are approved. (2) The Federal Office for Consumer Protection and Food Safety is in agreement with the Federal Office for Economic Affairs and Food Safety (Bundesamt für Wirtschaft und Bundesamt für Wirtschaft und Bundesamt für Wirtschaft und). (3) The authorisation shall be refused only if the novel tobacco product, whether a smoking tobacco product or a smokeless tobacco product, meets the requirements of this product in force in respect of that product; or the legal regulations adopted pursuant to this Act are not fulfilled. (4) If the respective applicable requirements of this Act or of the legal regulations issued pursuant to this Act are no longer fulfilled, the authorisation shall be revoked. § 49 of the Administrative Procedure Law remains unaffected. (5) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry for Economic Affairs and Energy, by means of a legal regulation with the consent of the Federal Council to regulate the authorisation procedure, including the information to be provided by the applicant, in particular on:

1.

health effects, including addictive potential and risk-benefit analysis,

2.

Market research and the expected consumer perception.

Section 3
Related products

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§ 13 Ingredients of electronic cigarettes and refill containers

(1) Electronic cigarettes and refill containers may only be placed on the market if:

1.

comply with the requirements of a legal regulation adopted pursuant to paragraph 2 (1) to (3);

2.

in the manufacture of the liquid to be evaporated, only ingredients of high purity are used, except for technically unavoidable traces, no substances other than those pure ingredients may be present, and

3.

In the manufacture of the liquid to be evaporated, except for nicotine, only ingredients present in heated and unheated form do not present any risk to human health.

(2) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry for Economic Affairs and Energy, by means of a legal regulation with the consent of the Federal Council, insofar as this is for the protection of consumers. Consumers are required from health damage, for electronic cigarettes and refill containers

1.

prohibit or restrict the use of certain ingredients in general or for certain purposes and the use of certain procedures in the manufacture or treatment of such ingredients;

2.

to set the maximum levels for the content of certain ingredients;

3.

To adopt rules on the degree of purity of ingredients.

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Section 14 Nature of electronic cigarettes and refill containers

(1) Electronic cigarettes and refill containers may only be placed on the market in accordance with the provisions of sentence 2, if:

1.

Refill containers have a volume of not more than 10 millilitres,

2.

Electronic disposable cigarettes or disposable cartridges have a volume of no more than 2 millilitres.

The nicotine-containing liquid must have a nicotine content of not more than 20 milligrams per millilitre. (2) Electronic cigarettes may only be placed on the market if the nicotine dose is applied under normal conditions of use. (3) Electronic cigarettes and refill containers may only be placed on the market if they are child and tamper-proof as well as breakage and exit-proof and have a mechanism for a Replenisal replenisher. The Federal Ministry of Food and Agriculture is authorized by law with the consent of the Federal Council, in agreement with the Federal Ministry for Economic Affairs and Energy, with the consent of the Federal Council, insofar as this is for the protection of consumers. Consumer protection against damage to health or to the implementation of European Union legal acts is required for electronic cigarettes and refill containers

1.

to lay down technical requirements for the safety of children, manipulation, breakage and leakage,

2.

To specify requirements for replenials that can be run out.

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Section 15 package leaflet, warning and packaging for electronic cigarettes and refill containers

(1) Electronic cigarettes and refill containers may only be placed on the market

1.

a package leaflet containing instructions for use and information on health effects and contact details, and

2.

when the packs and outer packaging

a)

are provided with a health warning,

b)

the requirements of a legal regulation adopted in accordance with paragraph 2 (3) are sufficient for the purpose of:

aa)

presentation and design and

bb)

product-specific information and information.

(2) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry for Economic Affairs and Energy, by means of a legal regulation with the consent of the Federal Council, insofar as this is for the protection of consumers. the consumer or third party is required to be subject to health damage;

1.

To regulate the content and presentation of the package leaflet in detail,

2.

To regulate the content, the manner and the scope and the procedure of labelling with health warnings,

3.

For packaging and external packaging requirements to be regulated

a)

presentation and design and

b)

product-specific information and information,

4.

to ensure that information on the content of certain ingredients is to be made in the case of electronic cigarettes and refill containers.

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Section 16 General obligations of the manufacturer, the importer and the distributor of electronic cigarettes and refill containers

(1) The manufacturer, the importer and the distributor shall, in the course of their operations, make arrangements for appropriate measures to avoid risks associated with the electronic cigarette or the refill container. They may have placed them on the market. These measures must be proportionate to the product characteristics and extend to the withdrawal, appropriate and effective warnings and recall. (2) The manufacturer, the importer and the trader shall each have to do so in the course of their business activities.

1.

to carry out random checks on electronic cigarettes and refill containers placed on the market,

2.

to examine complaints about electronic cigarettes or refill containers placed on the market and, where necessary, to conduct a statement of complaints; and

3.

to inform the other economic operators of further measures.

Which samples are offered depends on the degree of risk associated with electronic cigarettes and refill containers and on the possibilities to avoid the risk. (3) The manufacturer, the importer and the trader each have immediately inform the market surveillance authority of their registered office if they know or if, on the basis of the information available to them or their experience, they need to know that an electronic cigarette or a refill containers that have placed them on the market, a risk to the Safety and health of persons. They shall communicate details to the market surveillance authority on:

1.

the risks to human health and safety, and

2.

the measures they have taken in order to avoid these risks.

The Market Surveillance Authority shall immediately inform the Federal Office of Consumer Protection and Food Safety of the facts, in particular in the case of recalls. Information in accordance with the first sentence may not be used for the criminal prosecution of the instructor or for proceedings under the law on administrative offences against the teaching staff. (4) The manufacturer, the importer and the trader without prejudice to the first sentence of paragraph 3, immediately inform the competent market surveillance authorities of the Member States of the European Union in which the electronic cigarette or the refill container is placed on the market; or . (5) The manufacturer, the importer and the distributor shall, on request, provide the market surveillance authorities with additional information and documentation, for example on aspects of safety and security, and Quality or possible adverse effects of electronic cigarettes or refill containers on health. Unofficial table of contents

Section 17 Vegetable smoking products

(1) Vegetable smoking products may only be placed on the market if the packages and outer packaging are accompanied by health warnings. (2) The Federal Ministry of Food and Agriculture is authorized to Agreement with the Federal Ministry for Economic Affairs and Energy by means of a regulation with the consent of the Federal Council for the implementation of European Union legal acts Content, type and manner, scope and procedure of marking with health-related warnings.

Section 4
Common rules for tobacco products and related products

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§ 18 prohibitions on protection against deception

(1) It is prohibited to:

1.

to place on the market appropriate products or products which have been manufactured or treated contrary to the provisions of Article 25,

2.

to place products on the market without sufficient information, which shall:

a)

are made up,

b)

differ in terms of their nature from the view of the traffic, and as a result are not insignificantly reduced in their value or in their usefulness, or

c)

are suitable for raising the appearance of a better than the actual nature.

(2) It is prohibited to place tobacco products on the market itself using misleading advertising information on packs, outer packaging or on the tobacco product itself. In particular, there is a risk of misconduct,

1.

if, in particular, tobacco products are attributed to health or stimulating effects which are not available to them according to the scientific findings or which are not sufficiently scientifically secured,

2.

if the impression is given that a tobacco product is less harmful than other tobacco products or aims to reduce harmful components of the smoke,

3.

if the advertising information relates to taste, smell, flavouring substances or other additives or to the absence thereof,

4.

in the case of tobacco products, the appearance of a medicinal product, food or cosmetic product,

5.

in the case of deception, appropriate advertising information on the origin of the tobacco products, their quantity, their weight, the date of manufacture or packaging, their durability, and other, in particular natural or ecological Characteristics or circumstances that determine their assessment.

(3) It is prohibited to place tobacco products on the market;

1.

if the package, outer packaging or promotional information contains information on the content of nicotine, tar or carbon monoxide for the tobacco product, or

2.

if the packaging or the outer packaging gives the impression, consumers could gain an economic advantage.

(4) In the case of electronic cigarettes and refill containers, the prohibitions referred to in paragraphs 2 and 3 shall apply, with the exception of the information on flavouring substances and the nicotine content. (5) The prohibitions referred to in the second sentence of paragraph 2 shall apply to vegetable smoking products. 1 and 2, number 1, 2 and 4 respectively. It is also prohibited to place plant-based smoking products on the market in which packages or outer packaging have advertising information relating to the absence of additives or flavourings. Unofficial table of contents

Section 19 Prohibition of radio advertising, advertising in printed products and in services of the information society, prohibition of sponsorship

(1) It is prohibited to advertise tobacco products, electronic cigarettes or refill containers in radio. (2) It is prohibited to use for tobacco products, electronic cigarettes or refill containers in the press or in any other printed version. Promote publication. By way of derogation from the first sentence, a printed publication may be used to advertise:

1.

which is intended exclusively for persons engaged in the trade in tobacco products or electronic cigarettes or refill containers,

2.

which is printed and issued in a Member State which is not a Member State of the European Union, provided that this publication is not primarily intended for the market in the European Union.

(3) Paragraph 2 shall apply to advertising in services of the information society. (4) It is prohibited to sponsor radio programmes to promote the sale of tobacco products, electronic cigarettes or refill containers. (5) It is prohibited to prohibit an event or activity with the aim or the direct or indirect effect of sponsoring the sale of tobacco products, electronic cigarettes or refill containers, if:

1.

a number of Member States of the European Union are involved in the event or activity;

2.

the event or activity takes place in several Member States of the European Union, or

3.

the event or activity has any other cross-border effect.

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Section 20 Prohibition of advertising in audiovisual media services

It shall be prohibited to communicate audiovisual commercial communication within the meaning of Article 1 (1) (h) of Directive 2010 /13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain laws, regulations and administrative provisions Member States on the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 196, 27.7.2001, p. 1) for tobacco products, electronic cigarettes or refill containers, or for the benefit of undertakings whose main activity is the manufacture or sale of tobacco products. Unofficial table of contents

Section 21 Ban on advertising with qualitative objectives

(1) It shall be prohibited to use advertising information on the market in tobacco products or in advertising;

1.

which gives the impression that the enjoyment or intended use of tobacco products does not pose a health risk or is suitable for the functioning of the body, the performance or the well-being of the body. influence,

2.

which, in their own way, are particularly likely to encourage or encourage young people or adolescents to consume,

3.

that make the inhalation of tobacco smoke appear to be an imitating value,

4.

that give the impression that the ingredients are natural or natural.

(2) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry for Economic Affairs and Energy, by means of a legal regulation with the consent of the Federal Council, insofar as this is for the protection of consumers. Whereas it is necessary to lay down rules for the implementation of the prohibitions provided for in paragraph 1, in particular:

1.

the nature, extent or design of advertising by means of certain advertising materials, or in certain places or at certain times,

2.

prohibit or restrict the use of representations or statements made by members of certain categories of persons.

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Section 22 Cross-border distance sales to consumers; data protection

(1) Anyone who wants to operate cross-border distance selling of tobacco products, electronic cigarettes or refill containers to consumers in the European Union shall be required to:

1.

use an age review system which controls the sale of the minimum age required for the purchase of products in the Member State of the European Union in which the purchasing consumer has a minimum age prescribed in the Member State in which the goods are purchased, products are to be placed on the market; and

2.

shall be registered with the competent authority.

(2) The registration is carried out,

1.

if the place of business is domestiated,

a)

with the competent authority in the country, and

b)

to the competent authority of the Member State of the European Union in which the products are to be placed on the market or are to be placed on the market;

2.

if the place of business is located in another Member State of the European Union,

a)

with the competent authority in the country, and

b)

in the case of the competent authority of the Member State of the European Union where the place of business is located;

3.

if the place of business is outside the territory of the European Union, to the competent authority in the territory of the country.

(3) Where countries set up or commission a common body for the purpose of the registration referred to in paragraph 2 (1) (a), (2) (a) and (3), the latter shall be responsible. (4) The competent authority or body responsible for registration will issue a confirmation of registration. It shall also examine the existence of the age-review system referred to in paragraph 1 (1) and the existence of valid registrations by the competent authorities as referred to in points (1) (b) and 2 (2) (b) of paragraph 2. It shall announce in an appropriate manner the lists of all the sales agents registered at their registered cross-border distance referred to in paragraph 1. (5) The cross-border distance selling of tobacco products, electronic cigarettes, and In accordance with the Federal Data Protection Act and the other provisions on the protection of personal data, refill containers may only collect, process or use their personal data in accordance with the Federal Data Protection Act. Manufacturers of tobacco products, electronic cigarettes and refill containers, the companies belonging to the same group of companies or other third parties may not be provided with such data. Personal data of consumers may not be collected, processed or used for purposes other than those used for sale; this shall also apply where manufacturers of tobacco products, electronic cigarettes and (6) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry of Finance and the Federal Ministry of Finance and the Federal Ministry of Finance and Consumer Protection, to Federal Ministry for Economic Affairs and Energy with the approval of the Federal Council on the implementation of legal acts of the European Union

1.

the content, the manner and the procedure for registration,

2.

To transfer all or part of the responsibility for the registration referred to in paragraph 2 (1) (a), (2) (a) and (3) to the Federal Office for Consumer Protection and Food Safety.

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Section 23 Empowerment

(1) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry for Economic Affairs and Energy, by means of a legal regulation with the consent of the Federal Council,

1.

in so far as it is necessary for the protection of consumers or third parties from health damage, in the cases referred to in point (f) for the implementation of European Union acts,

a)

prohibit or restrict the use of certain methods of manufacture or treatment,

b)

specify the methods of investigation according to which the content of certain substances in products or their emissions must be determined,

c)

to ensure that the checks on the content of certain substances in products or in their emissions are carried out only by approved testing laboratories, and the requirements for such testing laboratories, in particular: with regard to aptitude tests, ongoing training and reliability and independence, and to regulate the procedure for authorisation,

d)

To lay down rules on the nature and efficiency of objects or means to reduce the content of certain substances in products or their emissions and the use of such objects or means to prescribe

e)

to prescribe the conditions under which information relating to the content of certain substances in products or their emissions may be used,

f)

to prescribe that manufacturers and importers

aa)

the competent authority shall provide certain information, in particular on the product characteristics, the marketing, the production or composition of products, on the ingredients used for this purpose, on their function and on the reasons for their addition, their status or their classification by European Union legislative acts, the effects of these ingredients and the assessments of their health assessment, including emissions,

bb)

Studies, in particular on the health effects of ingredients and emissions, on consumer characteristics and on market research, may be reviewed by an independent scientific body, or competent authority,

cc)

inform the competent authority of sales quantity data,

dd)

Make statements on the acceptance of the guarantee of conformity, quality and safety of electronic cigarettes and refill containers

and details of the procedure, in particular the transmission to a common electronic portal, the allocation of identification numbers for data intermediaries and the product, the storage and use of the information and access to the information, and to regulate the format of the communication and the publication of the information provided, taking into account the protection of operational and trade secrets;

2.

in so far as it is necessary to protect consumers from deception,

a)

packs and outer packaging in which products are placed on the market or on the products themselves, in particular on the date of manufacture or packaging, on the shelf life, on the origin or on the product the preparation must be affixed,

b)

that products which do not meet certain requirements for manufacture, composition or quality may not be placed on the market or are only subject to sufficient information, or only under certain names, other information or specific arrangements may be placed on the market.

(2) Products subject to the requirements of:

1.

Paragraph 1 (1) (a) or (d), or

2.

Paragraph 1 (1) (f)

, may not be placed on the market.

Section 5
Needs Items

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Section 24 General requirements for the placing on the market of consumer goods

Subject-matter may be placed on the market only if it is based on its material composition, in particular by means of toxicologically active substances or impurities, the safety and health of consumers and consumers not endanger in the case of intended or foreseeable use. Unofficial table of contents

Section 25 Transition of substances to products

(1) It shall be prohibited to use goods in such a way or to place them on the market for such purposes as to transfer substances to products from them. The Federal Ministry of Food and Agriculture is authorized to do so by means of a regulation of the law of the Federal Republic of Germany. The Federal Ministry of Food and Agriculture is authorized to use the Consent of the Bundesrat, to the extent that this is compatible with the protection of consumers from health damage, for certain substances to fix the shares whose transition is considered harmless and unavoidable within the meaning of paragraph 1 shall be considered. The Federal Ministry of Food and Agriculture can transfer the authorization to the Federal Office for Consumer Protection and Food Safety with the approval of the Federal Council. The Federal Office of Consumer Protection and Food Safety does not require the approval of the Federal Council for the adoption of such legal regulations. Unofficial table of contents

Section 26 Empowerment

(1) The Federal Ministry of Food and Agriculture is authorized, with the consent of the Federal Council, by means of a legal regulation, insofar as this is necessary, in order to avoid endangering the safety and health of persons,

1.

prohibit or restrict the use of certain substances, groups of substances and mixtures of substances in the manufacture or treatment of certain commodities;

2.

require that only certain substances may be used for the production of certain goods or parts of them;

3.

prohibit or restrict the use of certain procedures for the production of certain items of goods;

4.

to fix the maximum quantities of substances which may, on the basis of certain requirements, affect or transfer to consumers or which may be present in or on the production, treatment or placing on the market of certain items of supplies ,

5.

lay down purity requirements for certain substances used in the production of certain commodities;

6.

to require that

a)

the content of certain substances is to be identified in certain items of supply;

b)

in the case of certain items of goods, a limitation of the intended use must be identified;

as well as the way in which they are to be made known.

(2) Commodities which do not meet the requirements of a legal regulation adopted pursuant to points 1 to 3 or 5 of paragraph 1 shall not be placed on the market. (3) Legal orders referred to in paragraph 1 shall require the agreement of the Federal Ministry for Economic Affairs and Energy and the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety.

Section 6
Monitoring

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Section 27Jurisdiction and cooperation

(1) Subject to the provisions of sentence 2, market surveillance shall be the responsibility of the competent authorities in accordance with national law. Responsibilities for the implementation of this Act, which are assigned by other legislation, shall remain unaffected. In the Division of the Federal Ministry of Defence, the market surveillance shall be the responsibility of the Federal Ministry of Defence and the bodies designated by it. (2) The market surveillance authorities referred to in paragraph 1 shall work with the customs authorities in accordance with Chapter III, Section 3 of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 laying down the rules for accreditation and market surveillance relating to the marketing of products and repealing the Council Regulation (EEC) No 339/93 (OJ L 339, 31.12.1993, p. OJ L 218, 13.8.2008, p.30). Within the framework of this cooperation, the customs authorities may, on request, provide the market surveillance authorities with the information they have obtained in the release of products for free circulation and the information provided for the purposes of: Market surveillance authorities are required to fulfil their duties. The release of release for free circulation pursuant to the first sentence of Article 27 (3) of Regulation (EC) No 765/2008 shall be notified to the Market Surveillance Authority, which shall be responsible for the customs office. Unofficial table of contents

Section 28 Tasks of the market surveillance authorities

(1) Market surveillance authorities shall ensure effective market surveillance on the basis of a monitoring concept. In particular, the monitoring concept shall include:

1.

the collection and analysis of information on the identification of the points of gravity and the flow of goods,

2.

the establishment and implementation of market surveillance programmes on the basis of which the products are subject to review; the market surveillance programmes shall be regularly updated.

Market surveillance authorities shall review and evaluate the effectiveness of the monitoring concept on a regular basis, at least every four years. (2) The market surveillance authorities shall establish the market surveillance programmes referred to in the second sentence of paragraph 1, point 2 of the (3) The countries shall ensure that their market surveillance authorities are able to carry out their duties properly. For this purpose, they equip them with the necessary resources. They shall ensure efficient cooperation and the effective exchange of information between their market surveillance authorities and between their market surveillance authorities and those of the other Member States of the European Union. They ensure that the monitoring concept is developed and continued and that transnational actions are prepared to avoid serious risks. (4) Market surveillance authorities are responsible for the market surveillance authorities of others. Member States of the European Union in the extent necessary for the fulfilment of the tasks of the Member States. For this purpose, they shall provide the necessary information and documents, carry out appropriate studies or other appropriate measures and shall participate in investigations initiated in other Member States of the European Union. . Unofficial table of contents

Section 29 Market surveillance measures

(1) The market surveillance authorities shall, on the basis of appropriate samples, check, in an appropriate manner and in an appropriate manner, whether the products are subject to the requirements of this Act, the legal regulations adopted pursuant to this Act, and of the acts directly applicable to the European Community or of the European Union within the scope of this Act. To do so, they shall check the documents or, if appropriate, carry out physical checks and laboratory tests. The market surveillance authorities shall, in their control, take into account the applicable principles of risk assessment, received complaints and other information. (2) The market surveillance authorities shall take the necessary measures if they are to: (a) have reasonable grounds to suspect that a product does not comply with the requirements of this Act, of the legal regulations adopted pursuant to this Act and of the acts directly applicable to the European Community or the European Union in the The scope of this law is fulfilled. They shall in particular be entitled to:

1.

to arrange for measures to ensure that a product is placed on the market only if it complies with the requirements of this Act and of the legal regulations adopted pursuant to this Act,

2.

to arrange for a product to be examined or examined by the manufacturer and to inform the outcome of the examination,

3.

to temporarily prohibit the placing on the market of a product until the result of a sample taken or a test carried out by the market surveillance authorities or arranged in accordance with point 2 is available,

4.

to prohibit the placing on the market of a product,

5.

to order the withdrawal or recall of a product placed on the market;

6.

to ensure that a product is destroyed, destroyed, or otherwise unusable;

7.

to order the public to be warned of the risks associated with a product placed on the market; the market surveillance authority may itself warn the public if the person referred to in § 3 does not or does not , warns or does not take any other equally effective measure in good time or not in time.

The market surveillance authorities are also empowered to order measures to ensure that the advertising bans of § § 19 to 21 are complied with. (3) The market surveillance authority shall revoke or amend a measure in accordance with paragraph 2 as soon as the (4) The market surveillance authority orders the recall or the withdrawal of products or prohibits the provision on the market if the market is one of the typical hazards serious risk, in particular for safety and security, Health of persons. The decision as to whether a product poses a serious risk shall be taken on the basis of an appropriate risk assessment, taking into account the nature of the hazard and the likelihood of the occurrence of the hazardous event. The possibility of achieving a higher degree of safety or the availability of other products which pose a lower risk is not sufficient reason to assume that a product presents a serious risk. (5) The Commission decides to: The market surveillance authority to take a product from the market manufactured in another Member State of the European Union or another State Party to the Agreement on the European Economic Area shall suspend the product concerned Economic operator, in accordance with the provisions of Article 19 (3) of Regulation (EC) No 765/2008. (6) If the market surveillance authority is aware of or has reasonable grounds for concern that electronic cigarettes and refill containers pose a serious risk to health, despite the fact that they meet the requirements This Act and the legal regulations adopted pursuant to this Act may take the appropriate provisional measures. The market surveillance authority shall forthwith inform the Commission and the competent authorities of the other Member States of the European Union of the measures taken and shall communicate to them all the data on which they are based. Unofficial table of contents

Section 30 addressees of market surveillance measures

The measures taken by the market surveillance authority are directed against the provisions of § 3 pledges. Unofficial table of contents

Section 31 Rights and powers, sampling

(1) The market surveillance authorities and the persons appointed by them shall, in so far as is necessary for the performance of their supervisory tasks, be entitled to enter into business and business premises premises and premises, in or on which products are produced in the course of a business

1.

are produced,

2.

for the first time,

3.

for the purpose of placing on the market, or

4.

are issued.

They shall have the power to inspect, inspect or inspect these products. These inspection and audit powers shall also have the authority of the market surveillance authorities and their representatives if the products are made available in seaports for further transport. Has the control shown that the product meets the requirements of this Act, of the legal regulations adopted pursuant to this Act and of the acts directly applicable to the European Community or the European Union in the The market surveillance authorities shall collect the costs of surveys and tests referred to in sentences 2 and 3 by the persons who manufacture the product or for the purpose of placing the product on the market, (2) The market surveillance authorities and the competent authorities responsible for the Persons can take samples, request samples and request the documents and information required for their task performance. The samples, samples, documents and information shall be made available to them free of charge. (3) Part of the sample or, if the sample is not partially or without endangering the purpose of the examination, not in parts of the same condition, a second piece of the same type and from the same manufacturer as the sample taken as a sample shall be left behind. The manufacturer may dispense with the release of a sample. Samples left behind shall be officially closed or sealed. They shall be marked with the date of the sampling and the date of the day after which the closure or sealing shall be deemed to have been removed. (4) For samples taken in the framework of official supervision under this Act, the following shall apply: In principle, no compensation. In the individual case, compensation shall be made up to the level of the selling price if otherwise an undue hardship would occur. Unofficial table of contents

Section 32 Dulunding and co-action obligations

The measures referred to in § 3 shall be condoned in accordance with § 31 (1) to (3) and shall be supported by the market surveillance authorities and their representatives. The market surveillance authority referred to in § 3 shall, on request, issue the information necessary for the fulfilment of the duties of the market surveillance authority. The parties to the information may refuse to answer questions if they themselves or one of the members of the civil procedure referred to in Article 383 (1) (1) (1) to (3) of the Code of Civil Procedure, or one of the members of the civil procedure, Proceedings under the Law on Administrative Offences would be suspended. They shall be informed of their right to refuse to provide information. Unofficial table of contents

Section 33 Appropriations

The Federal Ministry of Food and Agriculture is authorized to promote a uniform implementation of supervision, by means of a regulation with the consent of the Federal Council,

1.

Rules to be adopted on:

a)

the personnel, equipment and other minimum technical equipment of testing laboratories;

b)

the conditions and the procedure for the admission of private experts authorised to investigate officially relocated samples;

2.

to adopt rules on methods of sampling and testing of products.

Section 7
Criminal and penal rules

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Section 34 Criminal law

(1) With a custodial sentence of up to one year or a fine shall be punished, who

1.

in accordance with Article 4 (1), also in connection with a legal regulation pursuant to § 4 (2), a cigarette is manufactured or placed on the market,

2.

in accordance with Article 5 (1) (1), in conjunction with a legal regulation pursuant to Article 5 (2) (1) (1) or (2), a cigarette or tobacco shall be placed on the market for self-rotation,

3.

, contrary to Article 5 (1) (2), placing a filter, paper or a capsule on the market,

4.

against

a)

Section 5 (1) (3) or (4) in conjunction with a legal regulation pursuant to Article 5 (2), first sentence, point 3 or 4,

b)

Section 8 (1) (2) in conjunction with a legal regulation pursuant to Section 8 (2) (2) or

c)

§ 11

is placing a tobacco product on the market,

5.

a legal regulation pursuant to § 9 or Article 26 (1) (4) or a enforceable order pursuant to such a decree-law, to the extent that the regulation refers to that penal code for a particular offence,

6.

, without authorisation pursuant to Article 12 (1), placing a new tobacco product on the market,

7.

against

a)

Section 13 (1) (1) in conjunction with a legal regulation pursuant to Article 13 (2),

b)

Section 13 (1) (2) or (3), or

c)

Article 14 (1), first sentence, paragraph 2 or 3, sentence 1 in conjunction with a legal regulation pursuant to § 14 (3) sentence 2

place an electronic cigarette or a refill container on the market,

8.

against

a)

Section 18 (1) (1) in conjunction with a legal regulation pursuant to § 25 (2) sentence 1,

b)

Section 18, paragraph 1, point 2, or

c)

Section 23 (2) (1) in conjunction with a legal regulation pursuant to Article 23 (1) (1) (a) or (d)

is placing a product on the market,

9.

in accordance with the first sentence of Article 18 (2), including in conjunction with Article 18 (4) or (5) sentence 1, a tobacco product, an electronic cigarette, a refill container or a plant smoking product,

10.

Contrary to Article 18 (3), even in conjunction with Article 18 (4), a tobacco product, an electronic cigarette or a refill container shall be placed on the market,

11.

, contrary to Article 18 (5), sentence 2, placing a plant smoking product on the market,

12.

, contrary to Article 22 (1) (1), an old-age verification system is not or is not used correctly,

13.

, without registration pursuant to Section 22 (1) (2), distance selling, or

14.

In accordance with Article 24 or Article 26 (2) in conjunction with a legal regulation pursuant to section 26 (1) (1) to (3) or (5), a subject matter shall be placed on the market.

(2) It shall also be punished who shall be contrary to an immediately applicable provision in European Union legislative acts which shall:

1.

in accordance with a bid or prohibition referred to in points 1 to 4 (a) or (7) of paragraph 1; or

2.

in accordance with a scheme to which the provisions referred to in paragraph 1 (5) authorize:

insofar as a legal regulation in accordance with Section 37 (1) refers to this penal provision for a specific event. Unofficial table of contents

Section 35 Penbual provisions

(1) The conduct of an offence referred to in § 34 is unlawful. (2) The offence is unlawful, who intentionally or negligently.

1.

a legal regulation in accordance with

a)

Section 5 (2), first sentence, point 5, § 6 (2) (2), § 10 (2) (1), Article 15 (2) (4), Article 23 (1) (1) (b), (c) or (c) or Article 26 (1) (6),

b)

Section 7 (2), second sentence, number 1, 2 or 3,

c)

Section 7 (2), second sentence, point 4 or § 10, paragraph 2, point 2

or a enforceable arrangement under such a decree, to the extent that the legal regulation refers to that fine for a particular case,

2.

against

a)

§ 6 (1) in conjunction with a legal regulation pursuant to Section 6 (2) (1) or

b)

Section 7 (1) in conjunction with a legal regulation pursuant to § 7 (2) sentence 1,

is placing a tobacco product on the market,

3.

Contrary to Article 10 (1) sentence 1 in conjunction with Article 10 (1), sentence 2, the application of radiation does not make it recognizable,

4.

an electronic cigarette or a refilling container shall be placed on the market in accordance with Article 15 (1) in conjunction with a legal regulation pursuant to Article 15 (2) (1), (2) or (3),

5.

Contrary to the first sentence of Article 16 (3), even in conjunction with the first sentence of Article 16 (4), the said authority shall not be informed, not fully or in due time, of the right not to be complete or not,

6.

Contrary to Article 17 (1), in conjunction with a legal regulation pursuant to Article 17 (2), a plant smoking product shall be placed on the market,

7.

Article 19 (1) or (2), first sentence, including in conjunction with paragraph 3, for a tobacco product, an electronic cigarette or a refill container,

8.

, contrary to § 19 (4) or (5), a radio programme or event or activity referred to there is sponsoring a radio programme,

9.

runs counter to § 20 of audiovisual commercial communications,

10.

Contrary to § 21, paragraph 1, also in conjunction with a decree law pursuant to § 21 (2), a promotional information referred to therein is used,

11.

In accordance with Article 23 (2) (2) in conjunction with a legal regulation pursuant to Article 23 (1) (1) (f), placing a product on the market,

12.

does not tolerate a measure referred to in paragraph 32, sentence 1, or does not support the market surveillance authority or a representative, or

13.

Contrary to § 32 sentence 2, an information is not provided, not correct, not complete or not given in time.

(3) A breach of the law shall be contrary to a provision in force directly in force in the European Union's legal acts, the content of which shall be

1.

of a scheme to which the provisions referred to in paragraph 2 (1)

a)

point (a),

b)

Point (b) or

c)

point (c)

shall authorize, or

2.

one in paragraph 2

a)

Number 2, 3 or 5, or

b)

Number 4 or 10

or a ban,

in so far as a legal regulation in accordance with Section 37 (2) refers to this fine for a specific event. (4) In the cases referred to in paragraph 2 (1) (b) and (3) (1) (b), the administrative offence may be in accordance with the provisions of point (1) (b) of this Article. Fines of up to EUR 50 000, in the cases referred to in paragraphs 1, 2 (1) (a), 2, 3, 5 to 9 and 3 (1) (a) and (2) (a), with a fine of up to three thousand euro, in the cases referred to in paragraph 2 Points 4 and 10 and point 2 (b) of paragraph 3, with a fine of up to ten thousand euros and in the other Cases with a fine of up to five thousand euros are punished. Unofficial table of contents

Section 36 confiscation

Objects to which a criminal offence pursuant to § 34 or an administrative offence pursuant to § 35 (1), (2) or (3) relates may be collected. Section 74a of the Criminal Code and Section 23 of the Law on Administrative Offences shall apply. Unofficial table of contents

Section 37 Empowerment

The Federal Ministry of Food and Agriculture is authorized, in so far as it is necessary for the implementation of the acts of the European Union, to designate, by means of a regulation with the consent of the Federal Council, the facts which:

1.

are punishable as a criminal offence in accordance with Article 34 (2), or

2.

may be punished as an administrative offence pursuant to Article 35 (3).

Section 8
Final provisions

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Section 38 Official collection of investigative procedures

The Federal Office for Consumer Protection and Food Safety publishes an official collection of methods for sampling and testing of products within the meaning of § 2 (1) and of demand objects. The procedures shall be established with the participation of experts in the fields of surveillance, science, consumer protection and the economy involved. The collection must be kept up-to-date. Unofficial table of contents

Section 39 Approval of exceptions

(1) The provisions of this Act and the legal regulations adopted pursuant to this Act may, on a case-by-case basis, allow for derogations in accordance with the provisions of paragraphs 2 and 3. Sentence 1 shall not apply to the prohibitions of § § 19 to 21. (2) Exceptions may only be permitted for the manufacture, treatment and placing on the market of products under official observation, provided that results are to be expected to be used for a change or To supplement the provisions of this Act or of the legal regulations adopted pursuant to this Act may be of importance. In doing so, it is appropriate to take due account of the interests of the individual and of all the factors which may influence the general competitive situation of the industry. By way of derogation from the first sentence, derogations from the provisions on sufficient knowledge may not be allowed. (3) Exceptions may only be allowed if the facts justify the assumption that one of the typical dangers of consumption (4) The Federal Office for Consumer Protection and Food Safety shall be responsible for the authorisation of exemptions under paragraph 2 in agreement with the Federal Office for the Protection of Human Health (Bundesamt für behalf of the Federal Office of the Environment). Economic and export control. (5) Admission of an exemption under paragraph 2 is on a temporary basis for a period of not more than three years. It may be extended on request three times by a maximum of three years, provided that the conditions for admission are still fulfilled. (6) The approval of an exception can be revoked at any time for important reasons. (7) The Federal Ministry of Food and Agriculture is authorized, by means of a regulation with the consent of the Federal Council, in the cases referred to in paragraph 2, to comply with the rules governing the procedure for the authorisation of Exceptions, in particular on the content, nature and scope of the evidence and other documents to be provided by the applicant, and on the publication of requests or granted exemptions. Unofficial table of contents

Section 40 Products from other Member States of the European Union or of other States Parties to the Agreement on the European Economic Area

(1) Products lawfully manufactured and lawfully marketed in another Member State of the European Union or another State Party to the Agreement on the European Economic Area, or which are lawfully marketed or marketed in another Member State of the European Union or another State Party to the Agreement on A third country shall be lawfully placed on the market in a Member State of the European Union or any other State Party to the Agreement on the European Economic Area, may be brought to the country and placed on the market , even if the provisions of this Regulation in force in the Federal Republic of Germany are (2) Paragraph 1 shall not apply to products which do not comply with the legislation adopted for the protection of health, unless the ability of the products to transport the products to be protected is not in conformity with the provisions of this Act. Products in the Federal Republic of Germany pursuant to paragraph 3 have been made known by the Federal Office of Consumer Protection and Food Safety in the Federal Gazette (Bundesanzeiger). (3) General orders referred to in paragraph 2 shall be published by the Federal Office of Consumer Protection and Food Safety in agreement with the Federal Office for Economic Affairs and Export Control, insofar as there are no compelling reasons for health protection. They shall be requested by the person who intends to spend the products in the territory of the country. In assessing the health risks of a product, the findings of international research must also be taken into account. The general availability shall be directed to all the importer of the products in question from Member States of the European Union or other Contracting States to the Agreement on the European Economic Area. (4) General provisions referred to in paragraph 2 shall be request from the person who intends to spend the products in Germany. The application shall be accompanied by a detailed description of the product and the available documents required for the decision. The application shall be made within a reasonable time limit. If a final decision on the application is not yet possible within 90 days, the applicant shall be informed of the reasons for the decision. Unofficial table of contents

Section 41 Temporary movement prohibitions

The competent authorities may, on a case-by-case basis, temporarily prohibit or restrict the import or other movement of products within the meaning of this Act to the territory of the Member State concerned if:

1.

Germany has been authorized by the Commission for this purpose and the Federal Ministry of Food and Agriculture has made this known in the Federal Gazette (Bundesanzeiger), or

2.

There are facts which suggest that the products are likely to pose a threat to human health.

Unofficial table of contents

Section 42 Export

(1) In the case of products intended for supply to other countries, the provisions of this Act and of the legal regulations adopted pursuant to this Act shall not apply. At the request of the competent authority, the person who produces products of the kind referred to in the first sentence which do not comply with the provisions of this Act or of the legal regulations adopted pursuant to this Act shall be responsible for establishing or working abroad in respect of the products referred to in (2) Where products are transferred to the territory of the country under this Act or of the legal regulations adopted pursuant to this Act, complain, they can be returned to the supplier for return from the country , the second sentence of paragraph 1 shall apply accordingly. This is without prejudice to any intergovernmental agreements which the legislative authorities have agreed to in the form of a federal law, as well as to acts of the European Union. (3) Products intended for delivery to foreign countries shall remain unaffected. which do not comply with the provisions of this Act and of the legal regulations adopted pursuant to this Act, must be kept separate from products intended for placing on the market in the Federal Republic of Germany and shall be marked (4) The Federal Ministry of Food and Agriculture shall be authorised to implement acts of the European Union by means of a regulation with the consent of the Bundesrat, the movement of products to other Member States of the European Union or other States Parties to the Agreement on the European Economic Area, or in third countries, to prohibit or restrict it. Unofficial table of contents

Section 43 Legal orders in urgent cases

(1) Legal orders under this Act may be adopted without the consent of the Bundesrat at the risk of delay or, if it is necessary to enter into force without delay, in order to implement European Union acts. (2) Federal Ministry of Food and Agriculture can also amend legal regulations without the consent of the Federal Council pursuant to § 8 (2) and § 9 if unforeseen health concerns an immediate amendment of this legal regulation (3) Legal orders referred to in paragraphs 1 and 2 shall not require the agreement of: the federal ministries that are to be held in each case. The legal regulations shall be repeals no later than six months after their entry into force. The term of validity can only be extended with the consent of the Federal Council. (4) Legal regulations in the cases of paragraphs 1 and 2 may be announced in the Federal Gazette by way of derogation from § 2 (1) of the law of the proclamation and notice of notice. Unofficial table of contents

Section 44 Legal regulations on the approximation of Union law

(1) Legal orders under this Act may also be adopted for the purpose of approximation of the laws, regulations and administrative provisions of the Member States of the European Union where this is necessary for the implementation of acts of the European Union which: (2) The Federal Ministry of Food and Agriculture may also have legal regulations under this Act, which are solely responsible for the implementation of binding technical provisions from legal acts of the European Union, without the consent of the Federal Council . Unofficial table of contents

Section 45 Transfer of appropriations

In the legal regulations under this law, the respective empowerment can be transferred in whole or in part to the state governments. To the extent that a legal regulation issued in accordance with the provisions of the first sentence empowers the national governments to issue legal regulations, the national governments are entitled to transfer the authorization, in whole or in part, to other authorities by means of a decree-law. Unofficial table of contents

Section 46 authorising the adaptation of legal regulations

The Federal Ministry of Food and Agriculture is authorized, by means of a legal regulation without the consent of the Bundesrat, to the legal regulations which have to be adjusted pursuant to the regulations of this Act, to the necessary extent to change. Unofficial table of contents

Section 47 Transitional arrangements

(1) Tobacco products and plant-based smoking products, which

1.

before 20 May 2016

a)

produced or

b)

have been put into free circulation and have been identified and

2.

comply with the rules in force until that date;

may still be placed on the market or remain on the market until 20 May 2017. (2) Electronic cigarettes or refill containers, which

1.

before 20 November 2016

a)

produced or

b)

have been put into free circulation and have been identified and

2.

comply with the rules in force until that date;

may be placed on the market or remain on the market until 20 May 2017. (3) § 7 shall apply to cigarettes and to tobacco for self-rotation from 20 May 2019 and for the rest of tobacco products from 20 May 2024. (4) § 5 (1) Point 1 (a) shall apply from 20 May 2020 for cigarettes and tobacco intended for self-rotation, the Union-wide sales of which account for 3% or more of a particular product category. (5) Paragraph 2 (2) applies to § 25 (2) of the Tobacco Control Act of 15 July 2009 (BGBl. I p. 1870), most recently by Article 12 of the Law of 3 December 2015 (BGBl. 2178) has been amended.