Law No. 349 Of 6 June 2002 To Prevent And Combat The Effects Of The Consumption Of Tobacco Products

Original Language Title:  LEGE nr. 349 din 6 iunie 2002 pentru prevenirea şi combaterea efectelor consumului produselor din tutun

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Law No. 349 of 6 June 2002 (* updated *) to prevent and combat the effects of the consumption of tobacco products (updated until March 17, 2016) ISSUER-PARLIAMENT------Parliament adopts this law.


Article 1 this law establishes some measures regarding the prevention and control of consumption of tobacco products, by banning smoking in full all closed public spaces, closed spaces in the workplace and in the play areas for children, by burning tobacco product packages, by conducting awareness raising campaigns and education of the population, informing consumers about tobacco products you are going to purchase them by indicating in the final products of the content of tar, nicotine and carbon monoxide, by some measures concerning the use of ingredients for tobacco products, with the objective of protecting the health of non-smokers and persons smoking the harmful effects of smoking, prevent the spread of smoking among minors and ensure an adequate level of quality of life of the population of Romania.
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Art. 1 was amended by section 1 of article. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.


Article 2 for the purposes of this law, by: a) tobacco products shall mean the products intended for smoking, prizatului, mestecatului, facilitation or manufactured tobacco totally partial, genetically modified or not;
  

— — — — — — — —-Lit. the article) 2 was amended by section 1 of article. 1 of ORDINANCE No. 13 of 30 January 2003, published in Official Gazette No. 64 of 2 February 2003.

b) tobacco for oral use ' means all products for oral, except those who smoke or Chews, made wholly or partly of tobacco, in powder form, fine particles, or any combination thereof, in particular those set out in accounting or porous sachets as well as those having any shape reminiscent of a foodstuff;
  

— — — — — — — — Lit. b) art. 2 was amended by paragraph 2 of article 9. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.

c) chewing tobacco means manufactured tobacco, cut or shredded, intended for consumption by Mastication;
  

d) snuff tobacco product means manufactured tobacco, crushed up to the stage of fine powder consumption through prizare;
  

e) smoking means inhaling voluntary smoke resulting from the combustion of tobacco content in cigarettes, cigars, cigarillos and pipe;
  

— — — — — — — —-Lit. s) art. 2 was amended by paragraph 2 of article 9. 1 of ORDINANCE No. 13 of 30 January 2003, published in Official Gazette No. 64 of 2 February 2003.

f) cigarettes means tobacco products containing manufactured tobacco, tobacco cut, wrapped in a roll of paper with longitudinal section, round or oval, containing manufactured tobacco, in an appropriate manner to be smoked directly;
  

g)-generic term for cigar cigarettes cigars;
  

h) cigars means tobacco products produced by tobacco stuffing coating (cut or shredded) in one or more sheets of manufactured tobacco;
  

I) cigarettes cigarillos cigars means small;
  

— — — — — — — — Lit. I) art. 2 was amended by section 3 of article 9. 1 of ORDINANCE No. 13 of 30 January 2003, published in Official Gazette No. 64 of 2 February 2003.
^ 1) electronic cigarette is interpreted to mean a product which can be used for vapor containing nicotine via a bridles or any component of this product, including a cartridge, a reservoir and the device without cartridge or reservoir;
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Lit. ^ 1) of art. 2 was introduced by section 2 of art. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.

j) tar means the raw anhydrous smoke condensate without nicotine;
  

— — — — — — — — Lit. j) of art. 2 was amended by paragraph 2 of article 9. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.

k) nicotine means Nicotinic alkaloids;
  

— — — — — — — — Lit. k) article. 2 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 58 of 30 august 2006, published in MONITORUL OFICIAL nr. 763 of 7 September 2006.
k ^ 1) starting substances means flavors, solvents, adhesives, umectanţi and thickeners, additives, sauces, dyes and preservatives, coloring agents;
— — — — — — — — Lit. k ^ 1) article. 2 was introduced by point 3 of article 1. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.

it) ingredient shall mean any substance or any constituent except for tobacco leaf and other natural or unprocessed parts of tobacco, used for the preparation or production of tobacco products and which can be found in the finished product, even if in other forms, including paper, ink and adhesives;
  

m) enclosed public space is any space accessible to the public or intended for use, regardless of the form of property right of access times, which has a roof, ceiling or ceiling, and which is marked by at least two walls, regardless of their nature or the temporary or permanent nature;
  

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Lit. m) art. 2 was amended by section 3 of article 9. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.

n) enclosed space at work means any space which has a roof, ceiling or ceiling, and which is marked by at least two walls, regardless of their nature or the temporary or permanent nature, in a place of work, as defined in the law on safety and health at work no. 319/2006, as amended.
  

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Lit. n) of art. 2 was amended by section 3 of article 9. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.
n ^ 1) means of transport ' shall mean any vehicle used for the transport of persons for hire or reward;
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Lit. n ^ 1) article. 2 was introduced by paragraph 4 of art. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.
n ^ 2) playground for children ' means any enclosed space or outdoor, intended for use by children;
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Lit. n ^ 2) of art. 2 was introduced by paragraph 4 of art. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.

a package means) the smallest unit of sale of a tobacco product;
  

— — — — — — — — Lit. Article a) 2 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 58 of 30 august 2006, published in MONITORUL OFICIAL nr. 763 of 7 September 2006.

p) outer packaging means the material or article used for packing several packages of tobacco products for the purpose of retail sale of tobacco product;
  

— — — — — — — — Lit. p) art. 2 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 58 of 30 august 2006, published in MONITORUL OFICIAL nr. 763 of 7 September 2006.

q) additional outer foil transparent means transparent material or article used for packaging one or more packages of tobacco products.
  

— — — — — — — — Lit. q) of art. 2 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 58 of 30 august 2006, published in MONITORUL OFICIAL nr. 763 of 7 September 2006.


Article 3 (1) prohibiting smoking in all enclosed public spaces, enclosed spaces to work, means of transport, play areas for children. From these provisions exception cells for prisoners in a maximum security prison.
  

— — — — — — — — —-. (1) of article 1. 3 was amended by section 5 of art. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.
(1 ^ 1) Completely non-smoking is prohibited in educational establishments, as well as for the protection and assistance of children, State and private.
— — — — — — — — —-. (1 ^ 1), art. 3 was amended by section 5 of art. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.
(1 ^ 2) In the spaces referred to in art. 2(a) n ^ 1) is prohibited including the use of electronic ţigaretei.
— — — — — — — — —-. (1 ^ 2) of art. 3 was introduced by paragraph 6 of article 19. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.

(2) smoking is allowed only in specially equipped rooms, exclusively in the transit zone of international airports, in compliance with the following conditions: a) to serve exclusively for smoking;
  

b) may not be crossing space or access in public spaces;
  

c) be equipped with a functional ventilation systems to ensure the Elimination of tobacco smoke, with negative pressure;
  

(d)) to be equipped with ashtrays and fire extinguishers and furnished in accordance with the legal provisions in force relating to the prevention and extinguishment of fires;
  

e) be marked with signs at conspicuous: "Smoking Room", "room for smoking.
  

— — — — — — — — —-. (2) of article 9. 3 has been amended point 7 of article. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.
(2 ^ 1) Repealed.
— — — — — — — — —-. (2 ^ 1), art. 3 has been repealed by section 8 of article. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.

(3) Repealed.
  

— — — — — — — — —-. (3) art. 3 has been repealed by section 8 of article. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.

(4) Repealed.
  

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Paragraphs 1 and 2. (4) article. 3 has been repealed by section 8 of article. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.
(4 ^ 1) Repealed.
— — — — — — — — —-. (4 ^ 1), art. 3 has been repealed by section 8 of article. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.
(4 ^ 2) Repealed.
— — — — — — — — —-. (4 ^ 2) of art. 3 it was repealed by section 1 of article in law No. 203 of 21 October 2008, published in MONITORUL OFICIAL nr. 729 of 28 October 2008.

(5) it is prohibited the sale of cigarettes individually, cigars and cigarillos.
  

— — — — — — — — —-. (5) article. 3 was amended by point 9 of article. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.
(5 ^ 1) Packets of cigarettes containing less than 20 pieces can be placed on the market until 31 December 2004).
— — — — — — —-. (5 ^ 1), art. 3 was introduced by item 12 of article. 1 of ORDINANCE No. 13 of 30 January 2003, published in Official Gazette No. 64 of 2 February 2003.
(5 ^ 2) It prohibits the marketing of cigarette packages that contain less than 20 pieces.
— — — — — — — —-. (5 ^ 2) of art. 3 was introduced by section 5 of art. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.

(6) it is prohibited the marketing of tobacco products through vending machines.
  

— — — — — — — —-. (6) article. 3 was amended by paragraph 4 of art. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.
(6 ^ 1) It prohibits the sale of tobacco products to young people under the age of 18 years.
— — — — — — — —-. (6 ^ 1), art. 3 was introduced by paragraph 6 of article 19. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.

(7) operation of sanitary authorisation of establishments that sell tobacco products shall be entered in a special clause prohibiting the sale of tobacco products to young people under 18 years of age.
  

(7 ^ 1) It prohibits the marketing of tobacco products in health units and the educational, public and private.
— — — — — — — — —-. (7 ^ 1), art. 3 was amended by paragraph 10 of article 10. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.

(8) it is prohibited to manufacture and importation, intended for the domestic market, as well as placing on the market of any pack of cigarettes which do not bear the engraved the tar, nicotine and carbon monoxide gases measured *).
  

— — — — — — — —-. (8) article. 3 has been modified by item 13 of article. 1 of ORDINANCE No. 13 of 30 January 2003, published in Official Gazette No. 64 of 2 February 2003.
(8 ^ 1) Repealed.
— — — — — — — —-. (8 ^ 1), art. 3 has been repealed by section 5 of art. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.

(9) it is prohibited to manufacture and importation, intended for the domestic market, as well as the marketing of any tobacco product that is not marked with the warnings provided for by the legislation in this field.
  

— — — — — — — —-. (9) article. 3 was amended by section 8 of article. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.

(10) it is prohibited to placing on the market of tobacco products for oral use).
  

— — — — — — — — — — Article 3 ^ 1 *) Tobacco, tobacco products, and ingredients used in the manufacture of tobacco products must meet at least minimum conditions laid down in the legal rules in force.
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Art. 3 ^ 1 was introduced by point 7 of article. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.


Article 3 ^ 2 *) (1) used in the Cigarettes marketed or manufactured will have a higher content of 10 mg/cigarette), for tar;
  

b) 1 mg/cigarette, for nicotine;
  

c) 10 mg/cigarette, for carbon monoxide.
  

(2) it is permitted the importation of cigarettes manufactured in the Member States of the European Union which complies with Community regulations concerning the maximum tar, nicotine and carbon monoxide.
  

(3) the measurement of the content of tar, nicotine and carbon monoxide yields of cigarettes shall be carried out in laboratories approved and monitored by the Ministry of public health or in accredited laboratories and monitored by the competent authorities of other Member States of the European Union.
  

— — — — — — — —-. (3) art. 3 ^ 2 has been modified by point 9 of article. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.

(4) the Ministry of public health will make public the list of laboratories which are approved and monitored by the Ministry of public health, specifying the criteria for approval and monitoring methods applied, and the list of laboratories approved and monitored by the competent authorities of other Member States of the European Union.
  

— — — — — — — —-. (4) article. 3 ^ 2 has been modified by point 9 of article. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.

(5) the determination of tar, nicotine and carbon monoxide yields of cigarettes shall be based on the following standards: ISO-4387 for tar, 10315 for nicotine-ISO, ISO-8454 for carbon monoxide. The accuracy of the tar and nicotine indications concerning the bundles shall be verified in accordance with ISO 8243.
  

(6) the Ministry of health may require manufacturers or importers carrying out any further tests to determine the concentration of other substances contained in tobacco products for each brand or type, in order to assess the effect of these substances on health, in particular their potential to cause addiction.
  

(6 ^ 1) Further testing required under paragraph 2. (6) will be carried out in laboratories approved or accredited in accordance with paragraph 1. (3). — — — — — — — —-. (6 ^ 1), art. 3 ^ 2 was introduced by paragraph 10 of article 10. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.

(7) the results of tests carried out in accordance with the provisions of paragraphs 1 and 2. (6) shall be forwarded annually to the Ministry of health.
  

(8) the Ministry of health may require the results of tests carried out in accordance with the provisions of paragraphs 1 and 2. (6) at an interval greater than that referred to in paragraph 1. (7) where the characteristics of tobacco products shall not be affected.
  

(9) the Ministry of health is notified whenever the characteristics of tobacco products is amended.
  

(10) the Ministry of health, Ministry of agriculture, forests, waters and environment and on Standardization Association from Romania — ASRO — will ensure the adoption of ISO standards as Romanian standards until the date of entry into force of this law.
  

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Art. 3 ^ 2 was introduced by point 7 of article. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.


Article 3 ^ 3 *) in the manufacture of tobacco products shall be used only for substances from the list approved by order of the Minister of health and Minister of agriculture, forests, waters and environment, issued up to 31 December 2004.
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Art. 3 ^ 3 was introduced by point 7 of article. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.


Article 3 ^ 4 *) (1) manufacturers and importers of tobacco products shall draw up a file of the product which contains the following: a) a list of all ingredients used in the manufacturing of tobacco products and the quantities thereof, by type and brand of the product. The list will be drawn up in descending order of quantity of each ingredient in the product;
  

b) statement on the reason for the use of ingredients listed in tobacco products, with notes on the category and their function;
  

c) toxicological data available to the manufacturer or importer relating to ingredients used, irrespective of their form of presentation, with special reference to their effect on health, noting any effect of inducing dependence.
  

d) content of tar, nicotine and carbon monoxide yields of cigarettes in the case.
  

— — — — — — — —-Lit. d) of paragraph 2. (1) of article 1. 3 ^ 4 was introduced in point 11 of article 1. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.

(2) the dossier drawn up in accordance with paragraph 1. (1) shall be submitted on an annual basis, no later than 1 September of the producer or importer, for notification to the competent authority designated by the Ministry of public health.
  

— — — — — — — —-. (2) of article 9. 3 ^ 4 has been changed from point 12 of article 4. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.

(3) information on the content of tar, nicotine and carbon monoxide, the result of additional tests carried out at the request of the Ministry of health, as well as the statement, toxicological data in the product, the list of ingredients used in the manufacturing process, with the exception of those which contain specific product formulas, indicated by the manufacturer as a secret manufacturing, are public information.
  

(4) the Ministry of health ensures that consumer information with regard to the data referred to in paragraph 1. (3), by any appropriate means. The list of ingredients for each product as well as the content of tar, nicotine and carbon monoxide will be made public by the Ministry of health.
  

(5) the rules for applying paragraph 1. (1) to (4) shall be adopted in accordance with the relevant Community rules, by order of the Minister of public health.
  

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Paragraphs 1 and 2. (5) article. 3 ^ 4 was introduced by the pct, article 13. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.
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Art. 3 ^ 4 was introduced by point 7 of article. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.


Article 4 (1) Advertising for tobacco products is permitted in accordance with the legislation in force.
  

(2) the use of a name or logo of a tobacco trade marks to promote other products marketing times is prohibited.
  

— — — — — — —-. (2) of article 9. 4 has been changed from point 14 of article. 1 of ORDINANCE No. 13 of 30 January 2003, published in Official Gazette No. 64 of 2 February 2003.


Article 5 persons in charge of administering institutions and establishments referred to in article spaces. 2(a) m), n), n) n ^ 1 and ^ 2) will develop and will enforce internal rules for the application of article 81(3). 3 paragraphs 1 and 2. (1) and (1 ^ 1), including through the provision of the infringement as serious misconduct and marking the premises mentioned signs that indicate «smoking» and international use, i.e. a ţigareta cross line with stroke.
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Art. 5 was amended by point 11 of article 1. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.


Article 6 *) (1) Each package that contains tobacco, at the time of placing on the market of the product, must present printed on one side of the package, in the Romanian language, the content of tar, nicotine and carbon monoxide gases measured in accordance with the legal provisions in force, so as to cover at least 10% of the corresponding surface of the packet.
  

— — — — — — — —-. (1) of article 1. 6th amended point 15 of article 2. 1 of ORDINANCE No. 13 of 30 January 2003, published in Official Gazette No. 64 of 2 February 2003.
(1 ^ 1) The name carbon monoxide will be printed in unabridged form, respectively, and no CO >. — — — — — — —-. (1 ^ 1), art. 6 was introduced by section 2 of art. in accordance with law No. 275 of 23 June 2003, published in Official Gazette No. 451 of 25 June 2003.
(1 ^ 2) Package of cigarettes is a rectangular parallelepiped, composed of 6 surfaces/girls: two large areas or surfaces, two lateral and two medium-sized or small areas.
— — — — — — —-. (1 ^ 2) of art. 6 was introduced by section 2 of art. in accordance with law No. 275 of 23 June 2003, published in Official Gazette No. 451 of 25 June 2003.

(2) every package containing tobacco products, except for tobacco for oral use and other tobacco smoking, burn, in the Romanian language, with a general warning, as well as one additional as follows: a) general warning is printed, so as to ensure regular appearance, using one of the two texts, as well as "Smoking kills", with variant: "smoking can kill" and "Smoking harms your health and those around you;
  

b) general warning shall be printed on the most visible surface of the packet and any outside packaging, with the exception of additional transparent outer sheet, used in the retail sale of the product;
  

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Lit. b) of paragraph 2. (2) of article 9. 6th amended by point 14 of article. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.

) the most visible surface of the package means one of the two large visible areas, chosen as a reference;
  

d) general warning covering at least 30% of the external area of the visible surface of the package on which it is printed;
  

e additional warning is printed), so as to ensure the emergence of one of the 14 texts set out in the list contained in the annex which forms an integral part of this law;
  

f) warning shall be printed on additional other visible surface great package and any outside packaging, with the exception of additional transparent outer sheet, used in the retail sale of the product;
  

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Lit. f) of paragraph 2. (2) of article 9. 6th amended by point 3 of article 1. From the EMERGENCY ORDINANCE nr. 58 of 30 august 2006, published in MONITORUL OFICIAL nr. 763 of 7 September 2006.

g) additional warning covering at least 40% of the external area of the surface on which the package is printed;
  

h) the combined warning shall consist in an additional warning text and a color photo or other artwork illustrating the health consequences of smoking and is printed as of July 1, 2008 on packets of cigarettes and their packaging and, accordingly, with effect from 1 January 2009 on the outer packaging and packages of tobacco products intended for smoking with the exception of cigars packaged piece. Technical regulations, as well as printing and graphics selection shall be determined by order of the Minister of public health, in accordance with the Community rules in force;
  

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Lit. h) of paragraph 1. (2) of article 9. 6th amended by point 14 of article. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.

I) for packages of tobacco products other than cigarettes, the most visible surface of which exceeds 75 cm², the warnings provided for in this law shall cover an area of at least 22.5 cmp on every surface.
  

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Lit. I) para. (2) of article 9. 6th amended by point 14 of article. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.
— — — — — — — — —-. (2) of article 9. 6 was amended by section 8 of article. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.
(2 ^ 1) Tobacco products that are not smoke burn in Romanian language with the following warning: "this tobacco product can damage your health and addictive.
— — — — — — — — —-. (2 ^ 1), art. 6th amended point 15 of article 2. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.
(2 ^ 2) The text of the warning referred to in paragraph 1. (2 ^ 1) shall be printed on the most visible surface of the packet and any outside packaging, with the exception of additional transparent outer sheet, used in the retail sale of tobacco product, and it covers at least 30% of the external area of the surface on which it is printed.
— — — — — — — — —-. (2 ^ 2) of art. 6 was amended by paragraph 16 of article. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.

(3) the text warnings, and the content of tar, nicotine and carbon monoxide is: — — — — — — — —-the introductory part of paragraph 1. (3) art. 6 was amended by paragraph 10 of article 10. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.

the black font) printed in bold, Helvetica, type on a white background; the font size will occupy the greatest possible proportion of area printed;
  

b) printed in lower case, except for the first letter of the message;
  

c) printed, parallel to the centered the top edge of the packet;
  

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Lit. c) of paragraph 2. (3) art. 6 was amended by section 5 of art. From the EMERGENCY ORDINANCE nr. 58 of 30 august 2006, published in MONITORUL OFICIAL nr. 763 of 7 September 2006.

d) framed by a black border with a minimum thickness of 3 mm and a maximum of 4 mm, which does not interfere in any way with text or graphic elements of warning times with the information provided, except in the case of tobacco products that do not smoke;
  

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Lit. d) of paragraph 2. (3) art. 6th amended by point 17 of article. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.
(3 ^ 1) The border referred to in paragraph 1. (3) (a). d) is positioned parallel to the edge of the self-centered, package or outer packaging, while outside him, above the health warnings will be printed centred the inscription: «Council directive CE 2001/37/CEE # 187; (the abbreviated form), text size, color and font type used at the discretion of the manufacturer. This border will not be included in the surface allocated to text you, surface which will be 10%, 30%, 40% of the external area of the visible surface of the package, depending on the type of warning.
— — — — — — — — —-. (3 ^ 1), art. 6 has been modified by CORRECTION No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 116 of 14 February 2008.
(3 ^ 2) Repealed.
— — — — — — —-. (3 ^ 2) of art. 6 pct was repealed by article 11. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.

(4) it is prohibited to print text warnings, as well as the contents of the tar, nicotine or carbon monoxide on the stamp.
  

— — — — — —-. (4) article. 6th amended point 12 of article 4. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.

(5) the text shall be printed so that they cannot be moved or deleted and not become unclear or be interrupted by other hidden texts or drawings fold in time of the opening of the packet.
  

— — — — — — —-. (5) article. 6th amended point 12 of article 4. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.
(5 ^ 1) In the case of tobacco products other than cigarettes, the warnings can be fixed using adhesives, so text warnings cannot be removed.
— — — — — — —-. (5 ^ 1), art. 6 was introduced by the pct, article 13. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.


(6) in order to ensure product identification and traceability, the tobacco products will be marked appropriately, by indicating the number of the batch or any equivalent on packages of tobacco products, making it possible to determine the place and date of its production.
  

— — — — — — — — — —-. (6) article. 6 was amended by section 6 of article. From the EMERGENCY ORDINANCE nr. 58 of 30 august 2006, published in MONITORUL OFICIAL nr. 763 of 7 September 2006.
(6 ^ 1) The manufacturer will mark the date of manufacture using an internal code identifying the consignment as enforcers to seek their own coding system manufacturer.
— — — — — — —-. (6 ^ 1) of article 6 was introduced by section 5 of art. in accordance with law No. 275 of 23 June 2003, published in Official Gazette No. 451 of 25 June 2003.

(7) it is prohibited to manufacture and importation, intended for the domestic market, as well as the marketing of any tobacco product that bears the engraved text, designation, insignia of the trade mark, designs, pictures, or any other sign suggesting that a tobacco product is less harmful than others.
  

— — — — — — —-. (7) article. 6th amended point 14 of article. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.
(7 ^ 1) Repealed.
— — — — — — —-. (7 ^ 1), art. 6 was repealed by point 15 of article 2. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.
— — — — — — — — — the sole article of Act No. 553 of 30 November 2004, published in Official Gazette No. 1,161 of 8 December 2004 amended article 1. III of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004, having regard to the following content: "Art. III.-this law will enter into force on 31 December 2004, with the exception of the provisions of art. 3 paragraphs 1 and 2. (9) of section 6 of article 4 and. 3 ^ 3 ^ 3-1 of section 7 of this Act and the provisions of article 7. 3 paragraphs 1 and 2. (5) (5 ^ 1), (8) and (10) and article 11. 6 of law No. 349/2002, as amended and supplemented, which shall enter into force on 31 December 2006. "


Article 7 (1) economic operators importing and producing for the domestic market, as well as those that sell tobacco products shall take the measures required to implement the provisions of art. 3 paragraphs 1 and 2. (5) (5 ^ 2), (6), (6 ^ 1, ^ 1, 7), (8), (9), (10) and article 11. 6.
  

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Alin. (1) of article 1. 7 was changed by the pct, article 19. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.
(1 ^ 1) Repealed.
— — — — — — —-. (1 ^ 1), art. 7 was repealed by paragraph 16 of article. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.
(1 ^ 2) Date of entry into force of the present law *), production, import and sale of tobacco products that do not meet the requirements of the present law shall be prohibited.
— — — — — — —-. (1 ^ 2) of art. 7 was changed by the pct, article 17. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.
(1 ^ 3) The stock of tobacco products already in Commerce at the time of entry into force of the law), which does not meet the conditions of this law, shall be disposed of within 12 months.
_ _ _ _ _ _ _ _ *) date of entry into force of texts is the date of entry into force of law No. 90/2004.
— — — — — — —-. (1 ^ 3) of art. 7 was introduced by the pct, article 18. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.

(2) the actions of the state sanitary inspection shall include mandatory and compliance with the provisions of this law.
  


Article 7 ^ 1 Any tobacco product imported from a Member State of the European Union is permissible in Romania where the product was lawfully manufactured or marketed in the Member State of origin and provides an equivalent level of protection.
— — — — — — — —- 7 ^ 1 was introduced by the pct, article 19. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.


Article 8 the Ministry of education and research, Ministry of health and family and the Ministry of youth and sport develop and implement national programmes of education, including through the media, concerning the prevention and control of consumption of tobacco products.


Article 8 ^ 1 Repealed.
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Art. 8 ^ 1 was repealed by section 3 of article in law No. 203 of 21 October 2008, published in MONITORUL OFICIAL nr. 729 of 28 October 2008.


Article 9 in order to disseminate promotional material on prevention and control of consumption of tobacco products, radio and television provide a space of at least 30 airtime minutes weekly, for the Ministry of national education and scientific research, Ministry of health, Ministry of youth and sport and the non-governmental organisations independent of the tobacco industry and that have as their objective the reduction of tobacco consumption under the conditions laid down in article 21. 44 para. (1) of law No. 95/2006 on healthcare reform, republished, with subsequent amendments and additions.
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Art. 9 has been modified by item 12 of article. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.


Article 9 ^ 1 violation this law shall entail liability of civil or penal contravention, as appropriate, in accordance with the law.
— — — — — — — —- 9 ^ 1 was introduced by the pct, article 20. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.


In article 10 the following acts constitute offences and shall be imposed as follows: a) failure by individuals. 3 paragraphs 1 and 2. (1) and (1 ^ 1) is sanctioned with contraventional fine from 100 to 500 lei lei;
  

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Lit. the article) 10 amended point 13 of article. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.

b) failure by legal persons. 3 paragraphs 1 and 2. (1), (1 ^ 1), (5), (5 ^ 2), (6), (6 ^ 1, 7 ^ 1) and art. "". (2) shall be imposed with the contraventional fine of 5,000 lei the first infringement, with the contraventional fine of 10,000 lei and with the sanction of suspension of additional activity up to remedy the situation that led to suspension of the activity of the second instance; committing a new offence in this Act shall be sanctioned with contraventional fine of 15,000 lei and with additional sanction of shutting down the unit.
  

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Lit. b) art. 10 amended by point 13 of article. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.

(c) failure to comply with the provisions of article 1.) 3 paragraphs 1 and 2. (8), (9), (10), art. 3 ^ 2 (2). (1), (3), (6 ^ 6), (7), (9), art. 3 ^ 3, of article 23. 3 ^ 4 para. (1) and (2) and of article 23. 6 shall be sanctioned with contraventional fine from 10,000 to 50,000 lei;
  

d) failure by manufacturers or importers of the Ministry of public health requests. 3 ^ 2 (2). (6) and (7) shall be sanctioned with contraventional fine from 10,000 to 50,000 lei.
  

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Art. 10 has been changed by pct article 21. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.


Article 10 ^ 1, Tobacco and tobacco products which result from committing the offences mentioned in article 1. 10 shall be forfeited, for the purpose of destruction, according to the legal provisions in force.
------- 10 ^ 1 was introduced by the pct, article 22. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.


Article 11 penalties provided for in article 10. 10 lit. c) and (d)) shall apply to legal persons.
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Art. 11 has been changed from point 14 of article. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.


Article 12 (1) failure to comply with the provisions of art. 3 paragraphs 1 and 2. (5 ^ 2), (6), (8), (9), (10), art. 3 ^ 2 (2). (1) of article 1. 3 ^ 3, of article 23. 3 ^ 4 para. (1) and (2) of article 3. "". (2) and of article 23. 6 shall be imposed with the withdrawal from the market of the product concerned, for the purpose of destruction, as required by law, by the competent bodies.
  

(2) Repealed.
  

— — — — — — — — —-. (2) of article 9. 12 was repealed by point 15 of article 2. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.
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Art. 12 has been modified by pct article 23. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.


Article 13 Repealed.
— — — — — — —- 13 was repealed by article item 23. 1 of law No. 90 of 5 April 2004, published in Official Gazette No. 342 of 20 April 2004.


Article 14 the provisions relating to establishment and sanctioning violations of this law shall be supplemented by the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented.
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Art. 14 was amended by paragraph 24 of article. 1 of ORDINANCE No. 5 of 30 January 2008, published in MONITORUL OFICIAL nr. 78 of 31 January 2008.


Article 14 ^ 1 Finding contraventions and penalties are carried out by persons authorized for this purpose by the Ministry of health and the national authority for consumer protection, with the exception of the provisions of article 7. 10 lit. a), b) and (c)), where finding contraventions and penalties are carried out by representatives of the local police or the Ministry of internal affairs.
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Art. 14 ^ 1 was amended by paragraph 16 of article. 1 of law No. 15 of 29 January 2016, published in MONITORUL OFICIAL nr. 72 of 1 February 2016.


Article 14 ^ 2


The Ministry of public health shall transmit to the European Commission, on an annual basis and whenever changes occur: a) data and information resulting from the application of article 81(3). 3 ^ 4 ^ 2 and 3;
  

approved laboratories list b) for measuring the content of tar, nicotine and carbon monoxide in tobacco products, and the criteria used for approval and monitoring methods applied.
  

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Art. 14 ^ 2 was introduced by point 7 of article. From the EMERGENCY ORDINANCE nr. 58 of 30 august 2006, published in MONITORUL OFICIAL nr. 763 of 7 September 2006.


Article 15 entry into force of this law within six months after the date of publication in the Official Gazette of Romania, part I, with the exception of the provisions of article 7. 3 paragraphs 1 and 2. (8) and (9) of article 23. 6, which entered into force on 31 December 2004.

This law transposes Directive of the European Parliament and of the Council of the European Union no. 2001/37/EC on the approximation of provisions laid down by law, regulation or administrative action in Member States concerning the manufacture, presentation and sale of tobacco products, published in the official journal of the European Communities No. L 194 of 18 July 2001, pag. 26-35.---------the mention regarding the transposition of Community rules was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 58 of 30 august 2006, published in MONITORUL OFICIAL nr. 763 of 7 September 2006.
This law was adopted by the Senate at its meeting on 16 May 2002, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.

p. Senate PRESIDENT ALEXANDRU ATHANASIU this law was adopted by the Chamber of deputies at its meeting on 21 May 2002, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.

PRESIDENT of the CHAMBER of DEPUTIES VALER DANNER Annex list of additional health warnings, according to art. 6 paragraph 1. (2) (a). d) 1. Smokers die younger.
2. Smoking blocks the circulation of blood in the arteries, causing heart attacks and strokes.
3. Smoking causes lung cancer, which is lethal.
4. Smoking during pregnancy harms your child.
5. Protect children: don't let them breathe your smoke!
6. The doctor or your pharmacist can help you stop smoking.
7. Smoking addiction, yes do not start to smoke!
8. Stopping smoking reduces the risk of fatal heart or lung diseases.
9. Smoking can cause a slow and painful death.
10. to give up smoking, consult your doctor/pharmacist.
— — — — — — — —-point 10 of the annex has been modified pct article 25. 1 of ORDINANCE No. 13 of 30 January 2003, published in Official Gazette No. 64 of 2 February 2003.
11. Smoking slows blood circulation and cause impotence.
12. Smoking causes ageing of the skin (skin).
13. Smoking can harm the quality of the sperm and decreases fertility.
14. Cigarette smoke contains benzene, nitrosamines, formaldehyde and cyanides.
-------point 14 of the annex has been amended point 26 of article. 1 of ORDINANCE No. 13 of 30 January 2003, published in Official Gazette No. 64 of 2 February 2003.
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