Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445784f5331594c6d527659773d3d&fich=ppl119-X.doc&Inline=false
1 PROPOSAL of law No. 119/X explanatory statement tobacco consumption is, today, the main preventable cause of illness and death. According to the World Health Organization (who) currently die worldwide about of 5 million people, as a result of this consumption. If nothing is done, will die annually in 2030, worldwide, about 10 million people. Tobacco smoke contains more than 4 500 chemicals, toxic, mutagenic and carcinogenic. On the other hand, tobacco contains nicotine – with psycho-active properties substance-dependency generator. Irregular consumption started usually during adolescence or early adulthood, quickly evolves into regular consumption, difficult to abandon without support, given the powerful tobacco additive. It is estimated today that smoking is responsible for about 90% of lung cancer mortality, for about 30% of deaths for any type of cancer, by more than 90% of deaths from chronic obstructive pulmonary disease, for about 30% of mortality from coronary heart disease and for about 15% of the total mortality from cardiovascular diseases. In addition to the effects of tobacco use on the health of active smokers, today there is enough scientific evidence that people exposed to environmental tobacco smoke have a greater likelihood of contracting lung cancer, cardiovascular diseases, as well as several respiratory diseases of acute and chronic nature. Workplaces and other enclosed public spaces constitute an important source of involuntary exposure to environmental tobacco smoke, the main avoidable indoor air pollutant, considered today by the who and other international bodies as a human carcinogen in Group 1, for which there is no safe threshold for exposure. It should be noted that involuntary exposure to tobacco smoke in workplaces can take place repeatedly and continued during the whole working life, which aggravates the consequences of this exposure. May also be a factor of potentiation of other risk factors for occupational health and safety. Workers in 2 restaurants, bars and nightclubs are particularly exposed, and may present enough exposure levels higher than those of the general population. It is acknowledged, too, that smoking during pregnancy is harmful to the health of the fetus and that the children of smoking parents have respiratory problems and the middle ear more frequently, as well as a worsening of asthma attacks. In Portugal, tobacco consumption is a leading cause of preventable morbidity and mortality. It is estimated that in 2000 has been responsible for 85% of deaths from lung cancer by 26% of the total cancer deaths and 9% of the total of deaths from cardiovascular diseases observed in men. This consumption was still responsible for about 22% of the total deaths, by 18% of deaths from cardiovascular disease and by 65% of deaths from chronic obstructive pulmonary disease observed in men of 35 to 69 years, and 26% of lung cancer deaths and 17% of deaths from chronic obstructive pulmonary disease observed in women in the same age group. For this reason, the prevention and control of smoking is one of the areas of priority action of the Government, part of the broader goal of disease prevention and health promotion through the creation of conditions facilitating the adoption of healthy lifestyles and behaviors. Under the national health plan, are identified a number of measures to be implemented until 2010, with particular reference to the reduction of tobacco consumption among young people, for strengthening interventions in the field of smoking cessation, for the increase in prices of tobacco products and to the protection of non-smokers from exposure to environmental tobacco smoke. In our country, the General bases for smoking prevention were established by Act No. 22/82, of 17 August, regulated by Decree-Law No. 226/83 of 27 May, in order to protect non-smokers and to limit the use of tobacco, in order to contribute to the reduction of the risks or negative effects on people's health from smoking. The aforementioned Decree-Law No. 226/83 of 27 May, was subject to successive amendments, determined by the need for constant adaptation and improvement with regard to the new issues that the defense of health came putting, as well as the charges arising from the transposition of Community directives, which makes 3 its interpretation and application, importing gather in a single diploma, revised and updated , all existing regulatory legislation in this area. The prevention of smoking and on tobacco control has been, also, priority objectives in the policy of the European Union, and the Council recommendation of 2 December 2002 on the prevention of smoking and on initiatives to improve tobacco control, which proposes to Member States to adopt legislative and/or administrative measures, to strengthen the prevention of smoking in young people , to prohibit all forms of advertising, sponsorship or practices directly or indirectly to promote tobacco products, to protect the health of non-smokers at workplaces, in enclosed public places and public transport, as well as to promote and support smoking cessation. Directive 89/622 No./EEC of 13 November 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products, was transposed into the internal legal order by Decree-Law No. 200/91, of 29 may, and by ministerial order No. 821/91, of 12 August. Subsequently, by Directive No. 90/239/EEC of 17 May 1990, the rules were established on the maximum tar content in cigarettes, whose transposition into national law was also carried out by ministerial order No. 821/91, of 12 August. New legislative push was taken with the adoption of the Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, marketing and sale of tobacco products, transposed into national law by Decree-Law No. 25/2003 , 4 February. This Decree-Law came to fix the maximum levels of tar, nicotine and carbon monoxide yields of cigarettes, to health warnings and other indications appear on the unit packet of tobacco products. With the aim of ensuring the right of consumers to information about tobacco use and its impact on health, the manufacturers or importers of tobacco products have been given to present, annually, to the Directorate-General for health a list of all ingredients and their quantities used in the manufacture of these products, by brand and type, its toxicity and risks individual of dependence arising from the consumption These data regularly disclosed to consumers. 4 in that same spirit, we also laid down limitations on the use on tobacco product packaging of certain indications such as ' low-tar ', ' light ', ' ultra-light ', ' mild ', names, pictures and figurative or other symbols, which may mislead the consumer in error that such products are less harmful and lead to changes in consumption. At the same time, marking was introduced by lots of tobacco products so as to ensure the traceability of these products. The same Decree-Law also introduced other provisions, nationwide, motivated by reasons of health protection, so as not to facilitate tobacco consumption by young people, such as a ban on the sale of cigarettes in packs of fewer than 20 units. This decree-law was subsequently amended and corrected, in some ways, by Decree-Law No. 76/2005 of 4 April, which imposed a ban on the sale of tobacco to persons under 16 years, limited access to vending machines and prohibited the sale of tobacco in all places where smoking is forbidden. Whereas these machines constitute a vehicle for advertising and trivialization of social tobacco products, making them easily accessible to children and young people, it is necessary to restrict their use by allowing blockers to discrimination in the sale, by requiring, in addition, the machines are placed inside the establishment in the visual range of retailer. Take advantage to extend the prohibition of sale of tobacco products to minors of 18 years. With regard to the advertising and sponsorship of tobacco products, since 1982, by law No. 22/82 of 17 August, it is totally prohibited by any national or advertising channel based in Portugal, with the exception of commercial information limited the price, brand and origin displayed in shop windows of establishments that sell tobacco or consuming objects directly related to their use. At European Union level, television advertising is totally prohibited by Directive No. 89/552/EEC of 3 October 1989, as amended by Directive 97/36 number/CE, of the European Parliament and of the Council of 30 June 1997, including teleshopping for tobacco products, as well as the sponsorship of programs by tobacco companies. The Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States in the field of advertising and sponsorship of tobacco products 5, came to regulate the advertising of tobacco products in media other than television, i.e. in the press and other printed media , in broadcasting and in information society services; regulated also sponsored radio emissions or activities or events with cross-border effects, including the distribution of free or at a reduced price of tobacco products, with a view to the free movement of products. However, as referred to in the preamble of the directive, transposed by Decree-Law No. 14/2006, of 20 January, the same does not apply to indirect advertising and sponsorship of events or activities without cross-border effects, continuing the Member States, subject to the provisions of the Treaty, to be competent to regulate these issues, review the provisions in this area. So, expressly be prohibited to pass promotion or sponsorship promotion campaigns or smoking prevention for companies that market tobacco products, since the interests of these companies are irreconcilable with the purpose of protecting the health of citizens. Is also prohibited the distribution of free or promotional sales, or at reduced prices, of tobacco products. To create global conditions for the implementation of integrated strategies, not only national, but also transnational, effective control of this serious public health problem, who promoted the negotiation of a Framework Convention on tobacco control, which was adopted on 56.ª World Health Assembly, in May 2003, 21 by 192 Member States. This Convention, signed by Portugal, on 9 January 2004, and approved by Decree No. 25/2005, of 8 November 2005, which officially entered into force on 6 February 2006, in force since that date in the internal legal order, in accordance with paragraph 2 of article 8 of the Constitution of the Portuguese Republic. In accordance with article 5 of this Convention, Portugal is obliged to adopt and implement legislative and administrative measures, with a view to drawing up appropriate policies for the prevention and reduction of tobacco consumption, nicotine addiction and exposure to tobacco smoke, participating actively in the achievement of strategies not only national but also international cooperation. Taking into account the aforesaid, as well as the commitments made by Portugal, not only within the Convention Framework, but also as a State member of the European Union, the revision and updating of existing legislation on the prevention of smoking, with particular emphasis on the strengthening of the protection measures of 6 non-smokers from involuntary exposure to environmental tobacco smoke , and the strengthening of measures to ban smoking in the workplace, making them extended to nursing homes and other institutions for elderly people, to restore and beverage establishments, shopping centres, hotels, airports, at sea and in marshalling yards means of transport. Bearing in mind the high toxicity of tobacco products, is to review and strengthen the provisions relating to the control of access to these products, context-if the sale of tobacco products through vending machines that are not equipped with an immobilizer system which prevents access to persons under 18 years, demanding that the machines are placed inside the establishment in the visual range of retailer. Had, likewise, in view of the provisions of Directive No. 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products, widening a ban on advertising already in force in Portugal since 1982 , information society services and to all events or sponsorships with transboundary effects. Is encouraged to public information, as well as health education in middle school, promoting the introduction of this subject in the curricula of education in an integrated manner in promoting healthy lifestyles and education for citizenship, as well as in pre-and post-graduate training of teachers. It is also encouraged to pre and post graduate training of health professionals on the prevention and treatment of tobacco use and dependence, as well as creating support for smoking cessation health services integrated into the national health service, particularly in primary health care and hospital services. Shall cease the smoking prevention Council, reinforcing health services intervention and intersectoral participation and civil society. Reinforce the monitoring mechanisms provided for in this Bill, taking advantage also to update the amounts of the fines that are manifestly out of date compared to the current standard of living. The Government promoted the realization of two public hearings, which had a large participation on the part of the recipients of the degree, particularly for legal persons that will be affected by the smoking ban. 7 were heard the National Council of consumption and the prevention of smoking. Must be heard the Government organs of the autonomous regions, the National Association of Portuguese municipalities and the National Association of Parishes.
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General provisions Article 1 subject-matter this law implementing the provisions of the framework Convention of the World Health Organization on tobacco control, adopted by Decree No. 25/2005, of 8 November by establishing standards aimed at the prevention of smoking, in particular with regard to the protection of involuntary exposure to tobacco smoke, regulation of the composition of tobacco products, the regulation of the information to be provided about these products, packaging and labeling, to awareness-raising and health education, the prohibition of tobacco advertising, promotion and sponsorship , demand reduction measures related to addiction and cessation of consumption, for sale to minors and by automated means, in order to contribute to the reduction of the risks or negative effects that tobacco use causes for individuals ' health.
Article 2 Definitions for the purposes of this Act and other legislation on the prevention of smoking: (a)) ' complementary ' Warning, any of the warnings referred to in annex II to this law; 8 b) «general warning», the warning of the damage to health arising from the use of tobacco, to affix on the most visible surface of tobacco packages; c) «tar or condensate ', the smoke condensate raw anhydrous nicotine-free; d) «permanent» work areas, places where workers have to stay more than 20% of the daily working time; and) tobacco ' packaging ' means any form of unit packet and any outside packaging used in the retail sale of tobacco products, with the exception of additional transparent wrappers; f) ' ingredient ' shall mean any substance or component not the leaves and other natural or unprocessed tobacco plant, used in the manufacture or preparation of a tobacco product and present in the final product, even if in altered form, including paper, filter, inks and adhesives; g) ' workplace ' means any place where the worker is, and that is, directly or indirectly, subject to the control of the employer; h) ' place of tobacco sale ' means any place where they are offered for sale of tobacco products; I) «Nicotine» means Nicotinic alkaloids; l) "tobacco product" means any product intended to be smoked, sniffed, sucked or chewed inasmuch as they are, even partly, made of tobacco, genetically modified or not; m) "tobacco products for oral use» means products which are intended for oral use consisting wholly or partly of tobacco in the form of powder or fine particles or any combination of those forms, particularly those presented in individual portions or porous packages or under way that evokes a foodstuff, with the exception of the products for smoking or chewing; n) ' advertising ' means any form of communication made by entities of public or private nature, in connection with a trade, business, craft or profession, with the aim of directly or indirectly promoting a tobacco product or consumption; the) ' enclosure ', all the space limited by walls, walls or other surfaces and fitted with a cover; 9 p) ' information society service ' means a service provided at a distance, by electronic means, at the individual request of a recipient of services and against payment of a price, it being understood, accordingly, by:-' from a distance ' means a service provided without the parties are physically and simultaneously present;
-' By electronic means ' shall mean a service sent initially and received at the destination by means of electronic equipment for the processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means;
-«At the individual request of a recipient of services ' means a service provided for data transmission and at the individual request. q) ' advertising ' Support, the vehicle used for the transmission of advertising message. r) ' Tobacco ', the leaves, the leaves and ribbed part plants Nicotiana tabacum l. Nicotiana rustica l., and whether they are marketed in the form of cigar, cigar or cigars, whether pipe or stings to the manual making cigarettes, is in the shape of roll, bar, Blade, cube or plate or reduced to powder or grain; s) ' teleshopping for tobacco products ' means the direct offers broadcast to the public by cable news channels, with a view to the supply of cigarettes or other tobacco products, provided for remuneration; t) ' use of tobacco, smoking, inhaling, sucking or chewing a tobacco-based product, as well as smoking, chewing or inhaling the products referred to in paragraphs 8 and 9 of article 81 of Decree-Law No. 566/99, of December 22.
Chapter II limitations on tobacco 10 article 3 general principle this chapter aims to establish limitations on the consumption of tobacco in enclosed areas intended for collective use, so as to ensure protection from involuntary exposure to tobacco smoke.
Article 4 prohibition of smoking in certain places 1-no smoking: a) in spaces containing organs of sovereignty, services and public administration bodies and public authorities; (b)) in the workplace; c) In direct service to the public locations; d) in establishments where healthcare is provided, including hospitals, clinics, and health centers, physician offices, and other similar stations, laboratories, pharmacies and places where if you exempt non-prescription medicines; and) in homes and other institutions accommodating elderly or disabled or disability; f) in places intended for minors of 18 years, including kindergartens, nurseries and other childcare establishments, homes for children and youth, occupying leisure centres, holiday camps and colonies and other similar establishments; g) in educational establishments, irrespective of the age of the students and the degree of education, including, but not limited to, classrooms, study, teachers, libraries, gyms, halls and halls, bars, restaurants, canteens, dining areas and recreational spaces; h) vocational training centres; I) in museums, spectacular collections and rooms where secure cultural goods classified, in cultural centres, in the archives and in libraries, conference rooms, reading and exposure; 11 j) in the rooms and enclosures of shows and elsewhere aimed at the dissemination of the arts and show business, including antechambers, access and contiguous areas; l) In amusements and enclosures intended for the non-artistic performances; m) In closed areas of sports facilities; n) In enclosures of fairs and exhibitions; the) in clusters and hypermarkets and retail outlets; p) In hotels and other tourist resorts, where they are provided accommodation services; q) In catering establishments or drinks, including those that have dance rooms or spaces; r) canteens, cafeterias and bars us public and private entities intended exclusively for their staff; s) in the areas of service and fuel stations; t) at airports, railway stations, bus stations and in marshalling maritime and river; u) on the premises of the public, particularly for light rail in the station or intermediate, in all their hits and contiguous establishments or facilities; v) In covered car parks; w) in elevators, lifts and the like; x) In a phone booth; z) In enclosures of automatic lifting of money; AA) anywhere else, where by management, or any other applicable legislation, in particular in the field of prevention of occupational hazards, to ban smoking. 2-is still no smoking in vehicles used for public transport urban, suburban and intercity passenger transport, as well as in road transport, rail, air, sea and inland waterways, in express services, and a car, in taxis, ambulances, patient transport vehicles and ski lifts.
12 article 5 Exceptions 1-Without prejudice to the provisions of subparagraph (d)) of paragraph 1 of the preceding article may be created exclusively aimed at patients smoking areas in psychiatric hospitals, services, treatment and rehabilitation centers and inpatient units of drug addicts and alcoholics, provided that they meet the requirements of (a)) and (b)) of paragraph 5. 2-Notwithstanding the previous article can be created, in prisons, housing units, in cells or dormitories for inmates, provided that they meet the requirements of (a)) and (b)) of paragraph 5, and admitted smoking in outdoor areas. 3-in the places mentioned under (a)), b), c), (d)), and), h), (i)), j), l), m), n)), p), (q)), r) and t) of paragraph 1 of the preceding article, as well as in places mentioned in subparagraph (g)) of paragraph 1 of the preceding article forming part of the system of higher education, is admitted to smoking in outdoor areas. 4-in the places mentioned in subparagraph (a) s) of paragraph 1 of the preceding article is admitted smoking in outdoor areas, with the exception of areas where they perform the supply of vehicles. 5-in the places mentioned under (a)), b), and), j), l), n)), p) and t) of paragraph 1 of the preceding article, as well as in places mentioned in subparagraph (g)) of paragraph 1 of that article that integrate the system of higher education and in the places mentioned in paragraph h) of paragraph 1 of that article that are not frequented by children under 18 years , can be allowed to smoke in areas expressly designed for this purpose, as long as you obey the following requirements: a) are properly flagged, with display of couplets in visible places, in accordance with article 6; b) Are physically separate from the other facilities, or, in the case of are inside buildings, with separate ventilation device the ventilation or air conditioning system remaining air from their building, so that the smoke from spreading to adjoining areas, and ventilated directly to the outside, through effective air extraction system. 6 us places mentioned in paragraph q) of paragraph 1 of the preceding article intended for the public area equal to or greater than 100 m2, smoking areas can be created, up to a maximum of 13 1 30% of the total area, as long as you obey the requirements mentioned under (a)) and (b)) of the preceding paragraph, not cover intended solely to staff areas or areas where workers have to work continuously. 7-in the places mentioned in point p) of paragraph 1 of the preceding article, can be reserved floors, housing units or rooms for smokers, up to a maximum of 40% of the total, occupying contiguous areas or all of one or more floors, equipped with ventilation system separate from the rest of the building ventilation and vented directly to the outside through effective exhaust system in order to ensure that the smoke from spreading to adjacent areas intended for non-smokers. 8-Without prejudice to the provisions of paragraph 2 of the preceding article and the limitations contained in the regulations issued by transport undertakings or by port authorities, is allowed to smoke in areas discovered on the boats assigned to maritime or fluvial careers 9-setting smoking areas rests with the entities responsible for the establishments concerned and consulted the relevant security services , hygiene and health at work and the safety and health committees at work, or workers ' representatives.
Article 6-1 Signaling the ban or the conditioning of smoke inside the places referred to in articles 4 and 5 shall be marked by the respective competent authorities, upon posting of couplets with red background, in accordance with the model set out in annex I to this Act and which is an integral part, being the stroke, including the caption and the cross , white and with minimum dimensions of 160 mm x 55 mm. 2-where smoking areas are identified by badges display with blue background and other characteristics listed in the previous paragraph, in accordance with the model B in Annex i. 3-To referenced in the preceding paragraphs badges must be at the bottom of the model, a caption identifying the present law. 14 4-the label referred to in paragraph 1 shall also contain the amount of the maximum fine applicable to smokers who violate the smoking ban. 5-in the case referred to in paragraphs 6 and 7 of the previous article, the labels must be affixed in such a way as to be visible from the outside of the accommodation.
Article 7 Liability 1-compliance with the provisions of articles 4 to 6° shall be ensured by public or private entities that have the charge of the sites covered by this law. 2-whenever any infringements of the provisions of articles 4 to 6, the entities referred to in the preceding paragraph shall require smokers to refrain from smoking and, if these fail, call the administrative or police authorities, which should cultivate its auto news. 3-all users of the places referred to in paragraph 1 have the right to require compliance with the provisions of articles 4 to 6 and may make a complaint in writing, using for that purpose a detailed, in particular, the complaints book is available at the establishment concerned.
Chapter III composition and measurement of substances contained in cigarettes marketed article 8 maximum tar, nicotine and carbon monoxide yields of cigarettes cigarettes marketed or manufactured in the national territory may not have contents above:) 10 mg per cigarette for tar; b) 1 mg per cigarette for nicotine; c) 10 mg per cigarette for carbon monoxide.
15 article 9 measuring Methods 1-the levels of tar, nicotine and carbon monoxide yields of cigarettes shall be measured according to ISO standards 4387 for tar, 10315 for nicotine and ISO ISO 8454 for carbon monoxide. 2-the accuracy of the information concerning tar and nicotine appear on packs of cigarettes is verified according to ISO standard 8243. 3-the previous paragraphs must be carried out or verified by testing laboratories accredited by the Portuguese Institute of accreditation (IPAC), pursuant to paragraph 1 of article 6 of Decree-Law No. 125/2004, of 31 May, or by the competent authorities of the other Member States. 4-the list of laboratories is communicated by the IPAC to the Directorate-General of health, included the criteria used for accreditation. 5-the Directorate-General for health communicates to the Commission the list of laboratories, in accordance with paragraph 4, as well as the changes that occur. 6-cigarettes are subject to measurements by the manufacturer or importer of tobacco products, which is responsible for the respective charges. 7-where the Directorate-General of health determine, the manufacturers or importers of tobacco products must carry out tests to assess the levels of other substances produced by their tobacco products, by brand and type, the effects of these substances on health, taking into account in particular its danger of addiction. 8-the results of the tests carried out in accordance with this article shall be submitted by the manufacturer or importer of tobacco products to the Directorate-General of health, until 30 September each year. 9-the Directorate-General of health ensures the dissemination, by any appropriate means, of the data submitted in accordance with this article, in order to inform consumers, taking into account, where appropriate, the information constituting secret of manufacture, to be specified by the manufacturer or importer of tobacco products. 10-the Directorate-General of health informs the European Commission until 31 December of each year, all data and information arising from the measurements provided for in this article. 16 Article 10 Other product information 1-The manufacturers or importers of tobacco products shall submit to the Directorate-General for health, every year, until September 30, in computer-readable form, a list of all the ingredients and their quantities used in the manufacture of its tobacco products, by brand and type. 2-the list referred to in paragraph 1 must be accompanied by a statement setting out the reasons for the inclusion of such ingredients in tobacco products, together with an indication of its function and category, and toxicological information that the manufacturer or importer regarding these ingredients, with or without combustion, as is the case, citing in particular its effects on health in particular the risk of dependency, by descending order of weight of each ingredient included in the product. 3-The manufacturers or importers of tobacco products must specify the information to understand should not be disclosed, in accordance with the following paragraph, by being secret. 4-the list referred to in paragraph 1, together with an indication of the levels of tar, nicotine and carbon monoxide, is published by the Directorate-General for health consumers, with safeguarding of information about the product-specific formulas that are secret. 5-the Directorate-General for health communicates annually to the European Commission, until December 31, the data and information arising from the measurements provided for in this article.
Chapter IV labelling and packaging the cigarette article 11 1-Labelling The tar, nicotine and carbon monoxide yields of cigarettes measured in accordance with article 9 shall be printed on one side of the packs, 5:00 pm, Portuguese language in order to cover at least 10% of the corresponding area. 2-each unit packet of tobacco products must carry the following warnings: a) General warnings: ' smoking kills '; «Smoking seriously harms you and others around you»; b) A supplementary warning chosen from the list in annex II to this law and it is an integral part. 3-each of the General and complementary warnings should appear regularly, so its affixing should be toggled. 4-the general warning shall be printed on the most visible surface of the unit packet and additional warnings on the other side of these units, and these warnings appear, the unit packet and any outside packaging used in the retail sale of the product, excluding about transparent packaging. 5-The General instructions provided for in (a)) of paragraph 2 shall cover at least 30% of the external area of the corresponding surface of the unit of packaging of tobacco on which it is printed. 6-warning complement required in subparagraph (b)) of paragraph 2 shall cover not less than 40% of the external area of the corresponding surface of the unit packet of tobacco on which it is printed. 7-the surface of the warnings referred to in this article, in the case of units of packaging for products other than cigarettes whose most visible surface exceeds 75 cm2, should be at least 22.5 cm2 for each side. 8-the text of the General warnings, additional warnings and indications of contents should be: a) printed in Portuguese language and lowercase, with the exception of the first letter of the message and grammatical requirements; b) printed in black on a white background With body, so as to occupy the largest possible surface area reserved for the text in question; c) centred in the area in which the text should be printed, parallel to the top edge of the package; 18 d) surrounded by a black frame with 4 mm in width which in no way interferes with the text of the warning or information given; 9-in the case of tobacco products other than cigarettes, the warnings referred to in this article may be affixed by means of stickers, provided they are irremovable. 10-it is prohibited the printing of the texts specified in this article on the tax stamps of unit packets and in place likely to be damaged by the opening of these packages should be irremovably printed, indelible, not sneaky, hidden or separated by other signs or images. 11-in addition to the requirements laid down in the preceding paragraphs, it should also appear in each packing unit its lot number or equivalent, so as to make it possible to identify the location and the time of production.
Article 12 Packing packing units of cigarettes cannot be marketed containing less than 20 units.
Article 13 product Names may not be used on packages of tobacco products texts, names, trade marks and figurative symbols or other signs suggesting that a particular tobacco product is less harmful than others, with the exception of paragraph 1 of article 11 article 14 Tobacco intended for oral use is prohibited the marketing of tobacco intended for oral use.
Chapter V tobacco products sale 19 article 15 prohibition of sale of tobacco products-1 it is prohibited to sell tobacco products: a) in premises referred to in (a)), d), and), f), g), (h)) and r) of paragraph 1 of article 4 and in the premises referred to in point (a) of the same article); b) through vending machines, where these do not cumulatively the following criteria: (i)) Are provided with an electronic device or system which prevents access Blocker to minors of 18 years; II) are located inside the store, to be viewed by the person in charge of the establishment, and may not be placed in the respective areas of access, stairs or similar areas and into the corridors of shopping malls and hypermarkets. c) minors under the age of 18 years, to prove, when necessary, by any identification document with photo. d) by means of telemarketing. 2-the prohibition referred to in point (c)) of the preceding paragraph shall include a warning printed in easily legible characters, on contrasting background, and posted visibly in places of sale of tobacco products. 3-it is forbidden the marketing of promotional packaging or at reduced prices.
Chapter VI Publicity, promotion and sponsorship of tobacco and tobacco products article 16 advertising and promotion-1 Are prohibited all forms of advertising and promotion of tobacco and tobacco products, including the surreptitious advertising, disguised and subliminal, through national advertising media or with headquarters in Portugal, including information society services, except as provided in paragraphs 3 , 4 and 7. 20 2-tobacco advertising is prohibited, or their use in vending machines. 3-the provisions of paragraph 1 shall not apply to commercial information limited the price, brand and origin displayed exclusively inside the establishments that sell tobacco products, provided that this is not visible on the outside of the establishments, in particular in their shop Windows. 4-advertising in the press and other printed media is only permitted in publications intended exclusively for professionals in the tobacco trade or in publications printed and published in third countries, provided that are not intended for the Community market. 5-it is prohibited to free distribution or promotional sale of tobacco products or of any consumer goods aimed at, or have as their direct or indirect effect, the promotion of those tobacco products. 6-it is prohibited to giveaways, awards or competitions, although intended exclusively for smokers, on the part of undertakings directly or indirectly related to the manufacture, distribution or sale of tobacco products. 7-is only allowed the promotion of tobacco products when this is intended exclusively for professionals in the tobacco trade and is performed outside the scope of retail activity. 8-the introduction of coupons or other extraneous elements on the packaging and on packages of tobacco products, or between these and those, in addition to the product itself and tobacco labelling. 9-it is prohibited to sales promotion and release for consumption of miniature packs of brands already sold or the market.
Article 17 articles of consumption 1 advertising-advertising, no names or labels or emblems of a tobacco product in articles of consumption than the tobacco products themselves. 2-it is prohibited the manufacture and marketing of games, toys, video games, food or treats in the form of tobacco products, or tobacco brand logos. 21 Article 18 1 Sponsorship-is prohibited any form of public or private contribution, particularly on the part of companies whose activity is the manufacture, distribution or sale of tobacco products, intended for an event, an activity, an individual, an audiovisual work, a radio or television program, which is intended, or direct or indirect effect of promoting a tobacco product or consumption. 2-it is prohibited to the sponsorship of events or activities by tobacco companies involving or taking place in several Member States or have any other transboundary effects. 3-it is forbidden the distribution of free or promotional prices of tobacco products in the context of sponsorship referred to in the preceding paragraph, with the aim or direct or indirect effect of promoting such products.
Chapter VII Measures of prevention and control of smoking article 19 information campaigns, prevention or sales promotion campaigns are prohibited or other initiatives promoted or sponsored by manufacturers, distributors, subsidiaries, or the like, of tobacco products, aimed, directly or indirectly, the information and the prevention of smoking.
Article 20 Information and health education 1-the State, including the sectors of health, education, youth, sport, consumer protection, the environment, labour, economy and culture, as well as the autonomous regions and local authorities, should promote the citizens ' information, using, whenever possible, sign language and braille language 22 , and contribute to the creation of favourable conditions for the prevention and control of smoking. 2-The health services, regardless of their legal status, including health centers, hospitals, clinics, doctors ' offices and pharmacies, should promote and support the information and health education of citizens in respect of harm arising from the consumption of tobacco and the importance of smoking cessation, through campaigns, programs and initiatives to the general public or specific groups , in particular children and youth, pregnant women, parents, women of childbearing age, sick people, teachers and other workers. 3-the theme of the prevention and control of smoking must be addressed within the framework of education for citizenship, at the level of basic and secondary education and vocational training curricula, as well as pre and post graduate training of teachers of these levels of education. 4-the theme of prevention and the treatment of tobacco use and dependence should be part of the curricula of the training pre and post graduate health professionals, particularly doctors, doctors dentists, pharmacists and nurses, while privileged agents of education and health promotion.
Article 21 smoking cessation 1 queries-must be created specialized queries to support smokers who want to quit smoking, for staff and users, in all health centres integrated into the national health service and public hospital services, in particular in the services of Cardiology, Pulmonology, psychiatry, at the institutes and services of Oncology, obstetrics services , psychiatric hospitals and centers to Alcoholics and drug addicts. 2-where the size and services of the population answered don't justify the creation of a specialized query protocols should be established with other specialized queries to ensure adequate access of smokers who need this kind of support to stop smoking.
23 article 22 1-Technical Advisory Group is created, depending on the director-general of health, a technical advisory group, in order to provide technical assistance, as well as provide collaboration in the definition and implementation of programs and other initiatives in the field of prevention and control of smoking. 2-the technical advisory group, appointed by order of the director-general of health, consists of teams of representatives of Government and civil society, and, in this, in particular health care professional bodies, trade unions and employers ' associations, scientific societies, by personalities of recognized merit in the field of smoking prevention and to representatives of other non-governmental organizations.
Article 23 Obligation of cooperation the Directorate-General of health promotes compliance with the provisions of this law, with the collaboration of public authorities and bodies with responsibilities in this area.
Article 24 statistical study the Directorate-General of health, in conjunction with the National Observatory of health and with the technical advisory group, statistical and epidemiological monitoring ensures tobacco consumption in Portugal, as well as the impact resulting from the application of this law, in order to propose appropriate changes to allow the prevention and control of tobacco consumption.
Chapter VIII sanctions Regime 24 Article 25 administrative offences-offences Constitute offences 1 the provisions of articles 4 to 6, paragraph 2 of article 7 and articles 8 to 19, which are subject to the following penalties: a) € 50 to € 1 000, for the smoker to smoke in places referred to in (a)) the aa) of paragraph 1 and in paragraph 2 of article 4 or outside the areas or outdoor smoking areas provided for in paragraphs 1 to 8 of article 5; b) € 50 to € 1 000, for the owners of the private institutions, corporate entities, even if irregularly incorporated societies, or associations having no legal personality, as well as to the governing bodies or maximum leaders of agencies, institutions or Government services in violation of the provisions of paragraph 2 of article 7; c) € 2 500 € 10 000 to entities referred to in the preceding paragraph that violate the provisions of paragraphs 1 to 8 of article 5 and article 6 (d)) Of € 10 000 to € 30 000 for infringements of paragraphs 6, 7 and 8 of article 9 and paragraphs 1 and 2 of article 10, being the value reduced to € 1500 and 3000 € , respectively, if the offender is a natural person. e) € 30,000 to € 250 000, for the infringements of article 8, paragraph 3 of article 9 and articles 11, 12, 13, 14, 15, 16, 17, 18 and 19, being the value reduced to € 2000 and € 3 750, respectively, if the offender is a natural person. 2-the negligence is punishable, and the minimum and maximum limits of fines applicable reduced to half. 3-in the cases provided for in subparagraph (e)) of paragraph 1, the attempt is punishable, and the minimum and maximum limits of fines applicable reduced to half. 4-When the offence involves hidden or disguised advertising form, shall apply the penalty provided for in the General rules on advertising activity. 5-The administrative offences provided for in this law and in all her if not especially adjusted the provisions of Decree-Law No. 433/82 of 27 October, the amended by decree-laws No. 356/89 of 17 October, no. 244/95 of 14 September, and no. 323/2001 of 17 December, and by law No. 109/2001, of 24 December.
25 article 26 penalties in the case of administrative offences provided for in (c)), d) and e) of paragraph 1 of the preceding article, may still apply the penalties provided for in (a)) g) of paragraph 1 of article 21 of Decree-Law No. 433/82 of 27 October, as amended by decree-laws No. 356/89 , 17 October, and no. 244/95 of 14 September.
Article 27 Liability caring 1-for payment of fines to be convicted the agents of infringements of the provisions of paragraphs 6, 7 and 8 of article 9, paragraphs 1 and 2 of article 10, article 11 and article 13 are jointly and severally liable the manufacturer and the importer of tobacco products. 2-for payment of fines to be convicted the agents of infringements to the provisions of paragraph b) of paragraph 1 of article 15 and paragraph 2 of article 16 are jointly and severally liable the owner of the tobacco vending machine and the one who has the effective management of the space in which the equipment is installed. 3-the payment of the fines they are convicted the agents of infringements of the provisions of article 17 are jointly and severally liable the manufacturer or importer and owner of the locations where these products are made available, so onerous or free. 4-for the payment of fines to be convicted the agents of infringements to the provisions of paragraph d) of paragraph 1 of article 15, paragraphs 1, 6 and 8 of article 16 and paragraph 1 of article 19 are jointly and severally liable to the promoter of the sale or the campaign, the advertising agency and the advertising medium used proprietary entities. 5-for the payment of fines to be convicted the agents of infringements of the provisions of paragraphs 1 and 2 of article 18 are jointly and severally liable to the sponsoring entity and the entity sponsored. 26 6-proprietary entities of the advertising medium used, the merchant or the promoter of sale disclaim liability referred to in paragraph 4 If show not have had prior knowledge of the advertising message spread.
Article 28 supervision and procedure 1-without prejudice to the powers conferred by article 7 Administrative and police authorities, the provisions of this law it is for the Food and economic Safety Authority, with the exception of the provisions in subparagraph (d)) of paragraph 1 of article 15, paragraph 1 of article 16, paragraph 1 of article 18 and article 19 , that the Directorate-General for the consumer. 2-the statement of offense it is the Food and economic Safety Authority or the Directorate-General for the consumer, within their respective competence, and who should be sent the record raised by other entities. 3-the application of fines and penalties the Commission of imposition of fines economic and advertising, which gives knowledge to the Directorate-General for health. 4-the product of the fines is distributed as follows: 60% for the State); b) 30% to the entity that instructed the process; c) 10% to the imposition of fines on economic matters and publicity.
Chapter IX transitional and final provisions article 29 autonomous regions 1-the autonomous regions shall exercise the powers provided for in this law through the bodies defined by government agencies themselves. 27 2-the proceeds of fines imposed in the autonomous regions is my own recipe like this.
Article 30 Standard set shall be repealed: a) the law No. 22/82, of 17 August; b) Decree-Law No. 226/83 of 27 may; c) Decree-Law No. 393/88, of 8 November; d) Decree-Law No. 287/89, of 30 August; e) Decree-Law No. 253/90, of 4 August; f) article 18 and paragraph 2 of article 24 of Decree-Law No. 330/90 of 23 October; g) Decree-Law No. 200/91, of 29 may; h) Decree-Law No. 276/92, of 12 December; I) Decree-Law No. 283/98, of 17 September; j) Article 95 of the excise Code, approved by Decree-Law No. 566/99, of December 22; l) Decree-Law No. 25/2003, 4 February; m) Decree-Law No. 138/2003, of 28 June; n) Decree-Law No. 76/2005, of 4 April; the) Decree-Law No. 14/2006, of 20 January; p) paragraphs 2 to 5 of the Council of Ministers Resolution No. 35/84, of 11 June; q) the ministerial order No. 165/84 of 26 March; r) the ministerial order No. 432/91, of 24 may; s) the ministerial order No. 735/93, of 13 August; t) Order MS 19/88, of 25 January 1989; u) dispatch 8/ME/88, of 8 February 1989.
28 article 31 entry into force this law shall enter into force one year after the date of its publication.
Seen and approved by the Council of Ministers of 1 March 2007 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency 29 annex I ANNEX II list of 30 additional warnings a) smokers die prematurely. b) Smoking blocks your arteries and causes heart attacks and strokes. c) smoking causes lethal lung cancer. d) If you are pregnant: smoking harms your child's health. and) Protect children: don't make them breathe your smoke. f) your doctor or your pharmacist can help you stop smoking. g) smoking causes high dependency. Don't start smoking. h) quitting smoking reduces the risk of cardiovascular and pulmonary diseases. I) smoking can cause a slow and painful death. j) to help you stop smoking, consult your doctor or contact your pharmacist. l) Smoking may reduce the blood flow and causes impotence. m) smoking causes ageing of the skin. n) Smoke may harm sperm and reduces fertility. the) smoke contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
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