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Amendments To The Law "on The Marketing Of Tobacco Products, Restrict Advertising And Usage"

Original Language Title: Grozījumi likumā "Par tabakas izstrādājumu realizācijas, reklāmas un lietošanas ierobežošanu"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on the marketing of tobacco products, restrict advertising and use" make law "on sales of tobacco products, restrict advertising and usage" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1997, no. 3; 1999, no. 22; 2003, 2, 23; 2004, nr. 4. No; 2005, nr. 7, 14, 21 n.; 2007) follows: 1. Article 1 : express the following in paragraph 9: "9) space, specially designated for smoking-smoking in separate rooms that buildings in the technical inventory plan marked as constructive separated space and is equipped with a suction ventilation to the tobacco smoke is not pumped into other spaces. This room is the informative sign or symbol. It is delivered to the authorities, the merchant, any other legal persons or self-employed persons basic services; "; make paragraph 15 as follows: "15) space that separate separate smoking-a separate room that buildings in the technical inventory plan marked a constructive separation space for basic services and smoking and is fitted with the suction ventilation. This room takes no more than 50 percent of the total area of public spaces and is located away from the entrance. The room is the informative sign or symbol; ". 2. Put article 5 2, 3 and 4 as follows: "2) to produce, realize, and skip for free circulation (hereinafter import) cigarettes containing nicotine quantity exceeding 1 milligram per cigarette (this quantity is determined according to the standard EN ISO 10315:2003" cigarettes-determination of nicotine in smoke kondensāto-Gāzhromatogrāfisk method in "requirements for nicotine); 3) producing, marketing and import of tobacco cigarettes, which tar exceed 10 milligrams per cigarette (this quantity is determined according to the standard EN ISO 4387:2003 "cigarettes – methods of using a regular analytical smoking machine, to detect smoke particulate matter total mass before and after dehydration and denikotinēšan" requirements for tobacco tar); 4) to produce, realize, and import the cigarettes that smoke carbon monoxide 10 milligrams per cigarette (this quantity is determined according to the standard EN ISO 8454:2003 "cigarettes-the carbon monoxide content of cigarette smoke-NDIR method of gaseous phase" requirements for carbon monoxide); ". 3. Express 5.1 article as follows: "article 5.1. Conformity assessment of manufactured tobacco (1) indicated on cigarette packets in tobacco tar, nicotine and carbon monoxide in the correct quantities approved in accordance with the standard EN ISO 8243:2006 "cigarettes-sampling". (2) If, for a given batch of cigarettes not testing laboratories test report is issued, the operator that distributes cigarettes, as well as merchants who import tobacco products from countries which are not members of the European Union, at its own expense, examine the existing cigarettes nicotine, tobacco tar and carbon monoxide quantitative compliance with this law, article 5, paragraphs 3 and 4. This check is entitled to carry out the testing laboratories accredited by the national agency "Latvian National Accreditation Bureau" to the standard LVS EN ISO/IEC 17025:2005 "the competence of testing and calibration laboratories-General requirements" and the Ministry of economy published a notice in the newspaper "journal", or other European Union Member States notified laboratories in the field of tobacco products. (3) the Ministry of Economic Affairs sent the European Commission a list of testing laboratories, specifying the criteria used for approval and appropriate monitoring techniques, as well as inform the European Commission of amendments made in the list. " 4. To make article 6 by the following: "article 6. Tobacco products packaging design (1) The marketable in the packaging of tobacco products banned: 1) image of certain natural persons; 2) to represent the Latvian State or Latvian folklore symbols; 3) use animated images. (2) each in Latvia of marketable tobacco packaging unit must have at least one of the following general warnings 1) language: "smoking kills"; 2) "smoking seriously harms you and the people next to you." (3) each in Latvia of marketable tobacco packaging unit must have at least one of the following specific warnings in the language of the country: 1) "smokers die young"; 2) "smoking causes blockage of the arteries and leads to heart attack and stroke"; 3) "smoking causes fatal lung cancer"; 4) "smoking during pregnancy harms your baby"; 5) "protect children: don't make them breathe tobacco smoke!"; 6) "to quit smoking you can help your family doctor and pharmacist"; 7) "smoking causes a strong addiction, don't start!"; 8) "smoking cessation reduces the risk of fatal heart and lung diseases"; 9) "smoking can cause a slow and painful death"; 10) "asking for help to stop smoking! (Tel. 67037333) "; 11) "smoking may reduce blood circulation and cause impotence"; 12) "smoking accelerates skin aging"; 13) "smoking can damage sperm and reduce fertility"; 14) "tobacco smoke contains benzene, nitrosamines, formaldehyde and hydrogen cyanide." (4) at the same time with a special alert unit packet of tobacco complement with matching colorful photos or other illustrations (combined warning) Cabinet. (5) General warnings on tobacco product packaging units change regularly. Warning shall be printed on the most visible (the largest) of tobacco products surface of the unit packet, and on any outside packaging, with the exception of additional transparent wrappers, used in the retail sale of tobacco products. (6) in the third paragraph of this article, these special warnings on tobacco product packaging units change regularly. Warning shall be printed on the other most visible (the largest) of tobacco products surface of the unit packet, and on any outside packaging, with the exception of additional transparent wrappers, used in the retail sale of tobacco products. (7) Special alerts, which deployed to the second largest tobacco packaging unit surface, change the to time of year different alert options appear in equal quantities with five percent. (8) on each package of cigarettes marketed in Latvia, the unit must be: 1) indicated in the national language of nicotine, tobacco tar and carbon monoxide quantity milligrams per cigarette. This instruction places on one of the cigarette packing unit sides, and it takes at least 10 percent of the surface; 2) excise duty stamps affixed. If is a closed transparent shell, additional excise duty stamps must be affixed underneath the skin. (9) both before the General, and before the special alert must be "the Ministry of health warns". (10) the general warning (except "the Ministry of health warns") takes up at least 30 percent of the unit packet of tobacco on the outer surface. (11) special warning (except "the Ministry of health warns") takes up at least 40 percent of the unit packet of tobacco on the outer surface. (12) to the other tobacco (not cigarettes) packing unit notable (major) surfaces that are greater than 75 cm square, General and special warnings occupy at least 22.5 cm2 in area of each surface. (13) General and special warning text and instructions on nicotine, tobacco tar and carbon monoxide levels in accordance with article 1 of the eighth part must: 1) clear and legible; 2) located so that when you open the packing unit, it can not be damaged or removed. The warning must be printed or affixed to the transparent packaging and excise duty stamps, these should not be deleted, as well as not to hide or cover other written information or picture. Tobacco (not cigarettes) warning text can be printed on the label, if the label is not removable; 3) printed in black Helvetica bold type on a white background, and the letter size must be such that the inscription of the most busy technically part of the area for the text; 4) printed in lower-case type, except for the first letter of the message and where required by grammar usage; 5) centered on the area parallel to the top edge of the packet, except that the side edge is narrower than 16 millimetres (the instructions on nicotine, tobacco tar and carbon monoxide content of printed perpendicular to the top edge of the packet); 6) outlined with a black border not less than 3 millimetres and not more than 4 mm wide and does not affect the text of the warning or information. The border will not be seen as a warning for the area. (14) in order to ensure that tobacco product identification and traceability, the tobacco product shall be labelled with batch numbering or equivalent, on the unit packet to determine the place and time of manufacture. (15) prohibits the packaging of tobacco products to deploy texts, names, trade marks or other marks to indicate that a particular tobacco product is less harmful than other tobacco products (this requirement does not apply to tobacco products that are exported to countries that are not Member States of the European Union). " 5. Express 7.1 article as follows: "article 7.1. Additional information about tobacco products (1) tobacco products manufacturers and merchants who import tobacco products for sale in Latvia each year up to December 31, shall be submitted to the Inspectorate of health list of all ingredients used in the manufacture of tobacco products, as well as indicate the quantities of ingredients in each product under the brand name and type. Products included in the list of ingredients mentioned in descending order of their weight. The list specifies the functions and ingredients category, as well as accompanied by a declaration, which explains the reasons for the inclusion of the relevant components of tobacco products. Tobacco products manufacturers and merchants who imported tobacco products for sale in Latvia, submitted and available toxicological studies carried out on these data components (which may be burnt or unburnt form), including their effects on health and the ability to cause addiction. (2) the health inspection provides consumers access to information about tar, nicotine and carbon monoxide yields of cigarettes. (3) the health inspection ensures protection of the information relating to the specific product formula and is a trade secret. " 6. To express the text of article 8 as follows: "(1) the tobacco products advertising is only allowed in special editions designed for merchants who dealt with the marketing of tobacco products, as well as publications issued and printed in countries which are not members of the European Union, and is not intended for the market of the European Union. (2) the advertising of tobacco products to be included in the information about the dangers of tobacco use, and such information must occupy at least five percent of the advertising areas. " 7. in article 9: turn off the first part; turn off the second part of paragraph 3; make the third paragraph as follows: "(3) the business operators whose principal activity is the manufacture of a tobacco product or the trade, banned sponsorship of events or activities which are involved in a number of Member States of the European Union or taking place in several Member States of the European Union, or which have cross-border impact."; turn off the fourth. 8. in article 11: make the first part of paragraph 1 by the following: "1) education and upbringing institutions;" Add to the first paragraph of paragraph 2, after the words "rehabilitation institutions" with the words "in prisons"; Add to the first subparagraph of paragraph 5, after the words "the landing" with the words "in the corridors and other communal spaces"; turn off the first part of paragraph 7, the words "with the exception of certain premises specially designated smoking"; make the first part of paragraph 8 by the following: ' 8) public transport and taxis, except long distance trains and ships, which may be individual wagons or cabins for smokers; "; to supplement the first part with 10, 11 and 12 of the following paragraph: "10) children rest and playgrounds; 11) parks, bathing and they, with the exception of specially designated place for smoking; 12) coffee shops, restaurants and other catering places, except in the summer (outdoor) cafes, where smoking is allowed only in specially designated smoking. "; make the second paragraph as follows: "(2) Casino and gaming halls allow smoking only in premises specially designated smoking rooms or that separate separate smoking."; turn off the fourth. 9. Supplement article 13 with 9, 10, 11, 12 and 13 by the following: "9) children and Family Affairs Ministry; 10) the Ministry of the Interior; 11) regional development and local government ministries; 12) Latvia anti-smoking Coalition; 13 municipalities of Latvia). 10. Express article 14.1, the third and fourth subparagraph by the following: "(3) upon request of the State revenue service cigarette samples and tested by testing laboratories. Testing laboratory for testing results inform the State revenue service. Expenses related to the sampling of cigarettes and testing shall be borne by the manufacturer or merchant who imported tobacco products for sale in Latvia. (4) the economic operators, which are imported tobacco products from countries which are not members of the European Union, before the market's testing laboratory in the labelling of tobacco products in compliance with the requirements of the law. " 11. transitional provisions be supplemented with 16, 17, 18 and 19 of the following paragraph: "16. This law article 6, fourth paragraph shall enter into force on September 1, 2008. Until March 1, 2010 to allow tobacco products to be marketed without the replenishment of packaging with colorful photos or illustrations. 17. Amendments to this law, article 11, first paragraph, point 1 and 7 in relation to the prohibition of smoking in universities and public buildings, structures and premises (theater, concerts, sports halls, sports buildings and other constructions, mail and other institutions halls, discos, dance halls, etc.) shall enter into force on July 1, 2009. 18. Amendment of article 8 of this law and the amendments in respect of article 9, first paragraph, point 3 of the second paragraph, and the fourth part off, as well as the third part of this article, the new version shall enter into force on 1 April 2009. 19. Amendment of article 1 of this law and in point 15 9, article 11, first paragraph, paragraph 12 and amended article 11 second paragraph shall enter into force on 1 April 2010. "
The Parliament adopted the law of 3 April. In place of the President of the parliamentary President G. Lot in Riga in 2008 on April 22