LEGE no. 349 349 of 6 June 2002 (* updated *) to prevent and combat the effects of tobacco products ((updated until March 17, 2016 *)
ISSUER
PARLIAMENT
---------- The Romanian Parliament adopts this law + Article 1 This law sets out some measures to prevent and combat the consumption of tobacco products, by completely banning smoking in all enclosed public spaces, in enclosed spaces at work and in playgrounds for children, by inscribing packages of tobacco products, by conducting information campaigns and educating the population, informing consumers about the tobacco products they are going to purchase, by indicating in the products final tar, nicotine and carbon monoxide content, by some measures concerning the use of ingredients for tobacco products, aimed at protecting the health of smokers and non-smokers from the harmful effects of smoking, preventing the spread of smoking among minors and ensuring an adequate level of quality of life in Romania. ---------- Article 1 has been amended by section 1. 1 1 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. + Article 2 For the purposes of this Law: a) tobacco products shall be understood as products intended for smoking, priming, sucking or chewing, wholly or partly manufactured from tobacco, genetically modified or not; ... --------- Lit. a) of art. 2 2 has been amended by section 4.2 1 1 of art. I of ORDINANCE no. 13 13 of 30 January 2003 , published in MONITORUL OFFICIAL no. 64 64 of 2 February 2003. b) oral tobacco means all products intended for oral use, except those that are smoked or chewed, manufactured in whole or in part of tobacco, in powder, fine particles or any other combination thereof, in particular those presented in portioned or porous sachets, as well as those having any form reminiscent of a foodstuff; ... -------- Lit. b) of art. 2 2 has been amended by section 4.2 2 2 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. c) chewing tobacco means manufactured tobacco, cut or shredded, intended for use by chewing; ... d) snuff tobacco means the product of manufactured tobacco, milled to the stage of fine powder, intended for consumption by prization; ... e) smoking is understood to be the voluntary inhalation of smoke resulting from the burning of tobacco contained in cigarettes, sheets, illos and pipes; ... --------- Lit. e) of art. 2 2 has been amended by section 4.2 2 2 of art. I of ORDINANCE no. 13 13 of 30 January 2003 , published in MONITORUL OFFICIAL no. 64 64 of 2 February 2003. f) cigarettes shall be understood as tobacco products containing manufactured tobacco, cut tobacco, wrapped in a longitudinal paper roll, with a round or oval section, containing manufactured tobacco, disposed of in an appropriate manner to be directly smoked; ... g) cigars-generic term for sheet cigarettes; ... h) cigars shall be understood as tobacco products obtained by filling the filling tobacco (cut or shredded) in one or more sheets of manufactured tobacco; ... i) the illos shall mean the cigarettes of small-sized sheets; ... -------- Lit. i) of art. 2 2 has been amended by section 4.2 3 3 of art. I of ORDINANCE no. 13 13 of 30 January 2003 , published in MONITORUL OFFICIAL no. 64 64 of 2 February 2003. i ^ 1) electronic cigarettes means a product which can be used for the consumption of nicotine containing vapour by means of a mouthpiece or any component of this product, including a cartridge, a tank and the device without a cartridge or reservoir; ---------- Lit. i ^ 1) of art. 2 2 was introduced by section 4.2. 2 2 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. j) tar is understood to be the crude anhydrous condensate of nicotine smoke; ... -------- Lit. j) art. 2 2 has been amended by section 4.2 2 2 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. k) nicotine is understood nicotinic alkaloids; ... -------- Lit. k) art. 2 2 has been amended by section 4.2 1 1 of art. I of EMERGENCY ORDINANCE no. 58 58 of 30 August 2006 , published in MONITORUL OFFICIAL no. 763 763 of 7 September 2006. k ^ 1) substances of departure shall be understood as flavours, solvents, wetters, adhesives and thickeners, additives, sauces, dyes and colouring agents, preservatives; -------- Lit. k ^ 1) of art. 2 2 was introduced by section 4.2. 3 3 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. l) ingredient means any substance or constituent, with the exception of tobacco leaves and other natural or unprocessed parts of tobacco, used in the preparation or production of tobacco products and found in the finished product, even if it appears in other forms including paper, filter, ink and adhesives; ... m) closed public space means any space accessible to the public or intended for collective use, regardless of the form of ownership or the right of access, which has a roof, ceiling or ceiling and which is delimited by at least two walls, irrespective of their nature or temporary or permanent nature; ... ---------- Lit. m) of art. 2 2 has been amended by section 4.2 3 3 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. n) enclosed space at work means any space that has a roof, ceiling or ceiling and which is delimited by at least two walls, regardless of their nature or temporary or permanent character, in a workplace, as defined in Law of Safety and Health at Work No. 319/2006 ,, as amended. ... ---------- Lit. n) of art. 2 2 has been amended by section 4.2 3 3 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. n ^ 1) means of public transport means any vehicle used for the transport for a charge of persons; ---------- Lit. n ^ 1) of art. 2 2 was introduced by section 4.2. 4 4 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. n ^ 2) children's playground is understood any enclosed space or outdoors, intended for use by children; ---------- Lit. n ^ 2) of art. 2 2 was introduced by section 4.2. 4 4 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. a) package means the smallest unit of sale of a tobacco product; ... -------- Lit. o) of art. 2 2 was introduced by section 4.2. 2 2 of art. I of EMERGENCY ORDINANCE no. 58 58 of 30 August 2006 , published in MONITORUL OFFICIAL no. 763 763 of 7 September 2006. p) outer packaging means the material or the object used for the packaging of several packages of tobacco products for the purpose of retail sale of the tobacco product; ... -------- Lit. p) of art. 2 2 was introduced by section 4.2. 2 2 of art. I of EMERGENCY ORDINANCE no. 58 58 of 30 August 2006 , published in MONITORUL OFFICIAL no. 763 763 of 7 September 2006. q) Additional transparent outer film means the material or the transparent object used in addition to the packaging of one or more packages of tobacco products. ... -------- Lit. q) of art. 2 2 was introduced by section 4.2. 2 2 of art. I of EMERGENCY ORDINANCE no. 58 58 of 30 August 2006 , published in MONITORUL OFFICIAL no. 763 763 of 7 September 2006. + Article 3 (1) Smoking is prohibited in all enclosed public spaces, enclosed spaces at work, public transport, playgrounds for children. From these provisions, the cells for inmates in maximum safety penitentiaries are exempted. ... ---------- Alin. ((1) of art. 3 3 has been amended by section 5 5 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. (1 ^ 1) It is completely prohibited to smoke in health facilities, educational establishments, as well as those intended for child, state and private protection and assistance. ---------- Alin. ((1 ^ 1) of art. 3 3 has been amended by section 5 5 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. (1 ^ 2) In the spaces provided in art. 2 lit. n ^ 1) is prohibited including the use of electronic cigarettes. ---------- Alin. ((1 ^ 2) of art. 3 3 has been introduced by section 6 6 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. ((2) Smoking is allowed only in specially arranged rooms, exclusively in the transit zone of international airports, in compliance with the following conditions: ... a) to serve exclusively to smoking; ... b) there is no room for passage or access to closed public spaces; ... c) be equipped with functional ventilation systems to ensure the elimination of tobacco smoke, with negative pressure; ... d) to be equipped with ashtrays and fire extinguishers and arranged in accordance with the legal provisions in force on fire prevention and extinction; ... e) be marked in visible place with signs: "Smoking room", "Place for smoking". ... ---------- Alin. ((2) of art. 3 3 has been amended by section 7 7 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. ((2 ^ 1) Abrogat. ---------- Alin. (2 ^ 1) of art. 3 3 has been repealed by section 6.6. 8 8 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. ((3) Abrogat. ... ---------- Alin. ((3) of art. 3 3 has been repealed by section 6.6. 8 8 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. ((4) Abrogat. ... ---------- Alin. ((4) of art. 3 3 has been repealed by section 6.6. 8 8 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. ((4 ^ 1) Abrogat. ---------- Alin. (4 ^ 1) of art. 3 3 has been repealed by section 6.6. 8 8 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. ((4 ^ 2) Abrogat. ---------- Alin. ((4 ^ 2) art. 3 3 has been repealed by section 6.6. 1 1 of the single article of LAW no. 203 203 of 21 October 2008 , published in MONITORUL OFFICIAL no. 729 729 of 28 October 2008. (5) The sale of cigarettes, sheets of sheets and illos shall be prohibited. ... ---------- Alin. ((5) of art. 3 3 has been amended by section 9 9 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. (5 ^ 1) Packages of cigarettes containing less than 20 pieces may be placed on the market until 31 December 2004 *). -------- Alin. (5 ^ 1) of art. 3 3 has been introduced by section 12 12 of art. I of ORDINANCE no. 13 13 of 30 January 2003 , published in MONITORUL OFFICIAL no. 64 64 of 2 February 2003. (5 ^ 2) The marketing of packets of cigarettes containing less than 20 pieces shall be prohibited. --------- Alin. (5 ^ 2) of art. 3 3 has been introduced by section 5 5 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. (6) The marketing of tobacco products by automatic means is prohibited. ... --------- Alin. ((6) of art. 3 3 has been amended by section 4 4 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. (6 ^ 1) The sale of tobacco products to young people under the age of 18 is prohibited. --------- Alin. (6 ^ 1) of art. 3 3 has been introduced by section 6 6 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. (7) A special clause prohibiting the sale of tobacco products to young people under 18 years is introduced in the health authorization for the operation of establishments selling tobacco products. ... (7 ^ 1) The marketing of tobacco products in health and educational establishments, state and private shall be prohibited. ---------- Alin. (7 ^ 1) of art. 3 3 has been amended by section 10 10 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. (8) The production and import destined for the internal market as well as the placing on the market of any packet of cigarettes not bearing the tar, nicotine and carbon monoxide content of the measured gases shall be prohibited. ... --------- Alin. ((8) of art. 3 3 has been amended by section 13 13 of art. I of ORDINANCE no. 13 13 of 30 January 2003 , published in MONITORUL OFFICIAL no. 64 64 of 2 February 2003. ((8 ^ 1) Abrogat. --------- Alin. (8 ^ 1) of art. 3 3 has been repealed by section 6.6. 5 5 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. (9) The production and import destined for the internal market, as well as the placing on the market of any tobacco product which is not marked with the warnings provided for in the relevant legislation, shall be prohibited. ... --------- Alin. ((9) of art. 3 3 has been amended by section 8 8 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. (10) It is forbidden to place any oral tobacco products on the market *). ... ---------- + Article 3 ^ 1 *) Tobacco, tobacco products, as well as ingredients used in the manufacture of tobacco products must meet at least the minimum level of the conditions laid down in the legal regulations in force. ---------- Art. 3 ^ 1 was introduced by item 1. 7 7 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. + Article 3 ^ 2 *) (. The cigarettes put into circulation marketed or manufactured shall not have a higher content of: ... a) 10 mg/cigarette, for tar; ... b) 1 mg/cigarette, for nicotine; ... c) 10 mg/cigarette, for carbon monoxide. ... (2) The import of cigarettes manufactured in the Member States of the European Union which comply with Community rules on the maximum content of tar, nicotine and carbon monoxide is permitted. ... (3) The measurement of tar, nicotine and carbon monoxide content of cigarettes is carried out in laboratories agreed and monitored by the Ministry of Public Health or in laboratories accredited and monitored by the competent authorities of other Member States of the European Union. ... --------- Alin. ((3) of art. 3 ^ 2 was amended by section 4.2. 9 9 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. (4) The Ministry of Public Health will make public the list of laboratories approved and monitored by the Ministry of Public Health, specifying the criteria used for the approval and the monitoring methods applied, as well as the list of accredited laboratories and monitored by the competent authorities of other Member States of the European Union. ... --------- Alin. ((4) of art. 3 ^ 2 was amended by section 4.2. 9 9 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. (5) The determination of the tar, nicotine and carbon monoxide content of cigarettes is based on the following standards: ISO 4387-for tar, ISO 10315-for nicotine, ISO 8454-for carbon monoxide. The accuracy of the tar and nicotine indications on the packages shall be verified in accordance with ISO 8243. ... (6) The Ministry of Health may require manufacturers or importers to carry out any additional tests to determine the concentration of other substances contained in tobacco products, for each brand or type, for the purposes of evaluation the effect of these substances on health, in particular their potential to cause addiction. ... (6 ^ 1) Additional tests requested according to par. (6) will be carried out in approved laboratories or accredited according to par. ((3). --------- Alin. (6 ^ 1) of art. 3 ^ 2 was introduced by section 4.2. 10 10 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. (7) The results of the tests carried out according to (6) will be transmitted annually to the Ministry of Health ... (8) The Ministry of Health may request the results of tests carried out according to ((6) at a range higher than that provided in par. ((7) where the characteristics of tobacco products do not change. ... (9) The Ministry of Health is notified every time the characteristics of tobacco products change. ... (10) The Ministry of Health, the Ministry of Agriculture, Forestry, Water and Environment and the Association for Standardization in Romania-ASRO-will ensure the adoption of ISO standards as Romanian standards until the date of entry into force of this Law. ... ---------- Article 3 ^ 2 has been introduced by item 7 7 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. + Article 3 ^ 3 *) Only substances of departure from the list approved by joint order of the Minister of Health and the Minister of Agriculture, Forestry, Water and Environment, issued until 31 December 2004, shall be used in the manufacture of tobacco products. ---------- Article 3 ^ 3 has been introduced by item 7 7 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. + Article 3 ^ 4 *) (. Manufacturers or importers of tobacco products shall draw up a dossier of the product containing the following: ... a) the list of all ingredients used in the manufacturing of tobacco products and their quantities, by type and brand of the product. The list will be drawn up in descending order of the quantity of each ingredient in the product; ... b) statement as to the reason for the use of ingredients listed in tobacco products, with indications referring to their category and function; ... c) toxicological data available to the manufacturer or importer concerning the ingredients used, regardless of their form of presentation, with special references to their effect on health, mentioning any effect of inducing addiction. ... d) the content of tar, nicotine and carbon monoxide, in the case of cigarettes. ... --------- Lit. d) a par. ((1) of art. 3 ^ 4 was introduced by section 4.2. 11 11 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. (2) The file prepared in accordance with the provisions of para. (1) shall be submitted annually, until September 1, by the manufacturer or importer, for notification, to the competent authority designated by the Ministry of Public Health. ... --------- Alin. ((2) of art. 3 ^ 4 was amended by section 4.2. 12 12 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 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 declaration, the toxicological data in the product file, the list of ingredients used in the manufacturing process, with the exception of those containing specific product formulas, indicated by the manufacturer as a manufacturing secret, are public information. ... (4) The Ministry of Health ensures the information of consumers on the data provided in par. ((3), by any appropriate means. The ingredients list of each product, as well as the tar, nicotine and carbon monoxide content will be made public by the Ministry of Health. ... (5) Rules for the application of para. (1)-(4) shall be established according to the relevant community regulations, by order of the Minister of Public Health. ... ---------- Alin. ((5) of art. 3 ^ 4 was introduced by section 4.2. 13 13 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. ---------- Art. 3 ^ 4 was introduced by section 4. 7 7 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. + Article 4 (. Advertising for tobacco products shall be permitted in accordance with the legislation in force. ... ((2) The use of an emblem or the name of a tobacco brand for the promotion or marketing of other products is prohibited. ... -------- Alin. ((2) of art. 4 4 has been amended by section 14 14 of art. I of ORDINANCE no. 13 13 of 30 January 2003 , published in MONITORUL OFFICIAL no. 64 64 of 2 February 2003. + Article 5 Persons responsible for the institutions and establishments managing the premises referred to in art. 2 lit. m), n), n ^ 1) and n ^ 2) will develop and implement internal regulations for the application of art. 3 3 para. ((1) and (1 ^ 1), including through the provision of violation as a serious disciplinary misconduct and the marking of the spaces mentioned with signs indicating the "forbidden smoking" and the use of the international symbol, namely the cigarette barred by a line transverse. ---------- Article 5 has been amended by section 6.6. 11 11 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. + Article 6 *) ((1) Each package containing cigarettes, at the time of placing on the market of the product, must be printed on one side of the package, in Romanian, the tar, nicotine and carbon monoxide content of the measured gases, in accordance with the legal provisions in force, so as to cover at least 10% of the corresponding area of the package. ... --------- Alin. ((1) of art. 6 6 has been amended by section 15 15 of art. I of ORDINANCE no. 13 13 of 30 January 2003 , published in MONITORUL OFFICIAL no. 64 64 of 2 February 2003. (1 ^ 1) The carbon monoxide name will be printed in unabridged form, respectively <
>, and not CO.
-------- Alin. ((1 ^ 1) of art. 6 6 has been introduced by section 2 2 of art. unique from LAW no. 275 275 of 23 June 2003 , published in MONITORUL OFFICIAL no. 451 451 of 25 June 2003. (1 ^ 2) The cigarette package is a rectangular parallelepiped, composed of 6 surfaces/faces: two large or main surfaces, two medium or lateral surfaces and two small areas. -------- Alin. ((1 ^ 2) of art. 6 6 has been introduced by section 2 2 of art. unique from LAW no. 275 275 of 23 June 2003 , published in MONITORUL OFFICIAL no. 451 451 of 25 June 2003. ((2) Each package containing tobacco products, with the exception of oral tobacco or other tobacco products not smoking, shall be marked, in Romanian, with a general warning, as well as with an additional one, as follows: ... a) the general warning is printed alternately, so as to ensure regular appearance, using one of the two texts, such as: "Smoking kill", with the option: "Smoking can kill" and " Smoking seriously harms your health and those around '; ... b) the general warning shall be printed on the most visible surface of the package and of any outer packaging, with the exception of the additional transparent outer foil used in the retail sale of the product; ... ------------ Lit. b) a par. ((2) of art. 6 6 has been amended by section 4.2 14 14 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. c) the most visible surface of the package is one of the two visible large areas chosen as a reference; ... d) the general warning covers at least 30% of the external area of the visible surface of the package on which it is printed; ... e) the additional warning shall be printed alternately so as to ensure the regular occurrence of one of the 14 texts set out in the list contained in the Annex which forms an integral part of this Law; ... f) the additional warning shall be printed on the other visible large area of the package and any outer packaging, except for the additional transparent outer foil used in the retail sale of the product; ... ----------- Lit. f) a par. ((2) of art. 6 6 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 58 58 of 30 August 2006 , published in MONITORUL OFFICIAL no. 763 763 of 7 September 2006. g) the additional warning shall cover at least 40% of the external area of the package on which it is printed; ... h) the combined warning consists in the text of an addendum and a colour photograph or other illustration illustrating the health consequences of smoking and shall be printed from 1 July 2008 on packets of cigarettes and on their outer packaging and, respectively, 1 January 2009 on packages and outer packaging of the other tobacco products intended for smoking, with the exception of cigar-packed cigars. The technical norms of printing, as well as the selection of the graphic elements are established by order of the Minister of Public Health, according to the Community regulations ... ----------- Lit. h) a par. ((2) of art. 6 6 has been amended by section 4.2 14 14 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. i) for packages with tobacco products, other than cigarettes, to which the most visible surface exceeds 75 cmp, the warnings provided for by this law cover an area of at least 22,5 cmp on each surface. ... ---------- Lit. i) a par. ((2) of art. 6 6 has been amended by section 4.2 14 14 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. ---------- Alin. ((2) of art. 6 6 has been amended by section 8 8 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. (2 ^ 1) Tobacco products that are not smoked are inscribed in Romanian with the following warning: " This tobacco product can harm your health and causes addiction. ---------- Alin. (2 ^ 1) of art. 6 6 has been amended by section 15 15 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. (2 ^ 2) The text of the warning provided in par. (2 ^ 1) shall be printed on the most visible surface of the package and any outer packaging, except for the additional transparent outer foil used in the retail sale of the tobacco product, and shall cover at least 30% of the external area of the the surface on which is printed. ---------- Alin. (2 ^ 2) of art. 6 6 has been amended by section 16 16 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. (3) The text of the warnings, as well as the tar, nicotine and carbon monoxide content is: ... --------- The introductory part of para. ((3) of art. 6 6 has been amended by section 4.2 10 10 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. a) printed with thickened black font, the Helvetica type, on white background; the font size will occupy the highest possible proportion of the printed area; ... b) printed with tiny, except for the first letter of the message; ... c) printed, parallel to the upper edge of the package; ... ----------- Lit. c) a par. ((3) of art. 6 6 has been amended by section 4.2 5 5 of art. I of EMERGENCY ORDINANCE no. 58 58 of 30 August 2006 , published in MONITORUL OFFICIAL no. 763 763 of 7 September 2006. d) framed by a black border with a thickness of 3 mm or more and not more than 4 mm, which does not interfere in any way with the text or graphic elements of the warning or with the information provided, except for tobacco products that are not smoked; ... ----------- Lit. d) a par. ((3) of art. 6 6 has been amended by section 4.2 17 17 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. (3 ^ 1) The box referred to in par. ((3) lit. d) is positioned centered, parallel to the edge of the package or outer packaging, and outside it, above health warnings, will be printed centered the inscription: " Council Directive 2001 /37/EEC #187; (abbreviated form), text size, colour and type of fonts used remaining at the discretion of the manufacturer. This box will not be included in the area allocated to the text it frames, the area that will be 10%, 30% and 40% of the external area of the visible surface of the package, depending on the type of warning. ---------- Alin. ((3 ^ 1) art. 6 6 has been amended by RECTIFICATION no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 116 116 of 14 February 2008. ((3 ^ 2) Abrogat. -------- Alin. (3 ^ 2) of art. 6 6 has been repealed by section 6.6. 11 11 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. (4) It is forbidden to print the text of the warnings, as well as the tar, nicotine or carbon monoxide content on the stamp. ... ------- Alin. ((4) of art. 6 6 has been amended by section 12 12 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. (5) The text shall be printed so that it cannot be moved or deleted and does not become unclear or hidden or interrupted by other texts or drawings or when the package is opened. ... -------- Alin. ((5) of art. 6 6 has been amended by section 12 12 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. ((5 ^ 1) In the case of tobacco products other than cigarettes, the texts of the warnings may be fixed by means of adhesives, so that the text of the warnings cannot be removed. -------- Alin. (5 ^ 1) of art. 6 6 has been introduced by section 13 13 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. (6) In order to ensure the identification and traceability of the product, tobacco products will be marked accordingly by indicating the number of the lot or equivalent on packages of tobacco products, making it possible to determine the place and the date of their production. ... ----------- Alin. ((6) of art. 6 6 has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 58 58 of 30 August 2006 , published in MONITORUL OFFICIAL no. 763 763 of 7 September 2006. (6 ^ 1) The manufacturer will mark the date of manufacture using an internal batch identification code, and the control bodies will require the manufacturer's own coding system. -------- Alin. (6 ^ 1) of art, 6 was introduced by item 5 5 of art. unique from LAW no. 275 275 of 23 June 2003 , published in MONITORUL OFFICIAL no. 451 451 of 25 June 2003. (7) The production and import destined for the internal market, as well as the placing on the market of any tobacco product bearing the inscription of any text, name, brand name, drawings, photographs or any other sign suggesting that a product of tobacco is less harmful than others. ... -------- Alin. ((7) of art. 6 6 has been amended by section 14 14 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. ((7 ^ 1) Abrogat. -------- Alin. (7 ^ 1) of art. 6 6 has been repealed by section 6.6. 15 15 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. --------- Article 1 LAW no. 553 553 of 30 November 2004 , published in MONITORUL OFFICIAL no. 1.161 of 8 December 2004 art. III of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 of 20 April 2004, with the following contents: "" Art. III. -This law shall enter into force on 31 December 2004, with the exception of the provisions of art. 3 3 para. ((9) in point 6 6 and art. 3 3 ^ 1 -3 ^ 3 from point 7 of this law, as well as the provisions of art. 3 3 para. ((5), (5 ^ 1), (8) and (10) and art. 6 6 of Law no. 349/2002 , as amended and supplemented, which shall enter into force on 31 December 2006. ' + Article 7 (1) Economic operators who produce and import for the internal market, as well as those who sell tobacco products, shall take the necessary measures to apply the provisions of 3 3 para. ((5), (5 ^ 2), (6), (6 ^ 1), (7 ^ 1), (8), (9), (10) and art. 6. ... ------------ Alin. ((1) of art. 7 7 has been amended by section 19 19 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. ((1 ^ 1) Abrogat. -------- Alin. ((1 ^ 1) of art. 7 7 has been repealed by section 6.6. 16 16 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. (1 ^ 2) On the date of entry into force of this Law *), the production, import and marketing of tobacco products that do not meet the conditions of this law are prohibited. -------- Alin. ((1 ^ 2) of art. 7 7 has been amended by section 17 17 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. (1 ^ 3) The stock of tobacco products already in the commercial circuit on the date of entry into force of the law *), which does not meet the conditions of this law, will be liquidated within 12 months. ________ * *) Date of entry into force of the texts is the date of entry into force of Law no. 90/2004 . -------- Alin. ((1 ^ 3) of art. 7 7 has been introduced by section 18 18 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. (2) The state health inspection actions will necessarily include the control of compliance with the provisions of this law. ... + Article 7 ^ 1 Any tobacco product imported from a Member State of the European Union shall be admitted to the territory of Romania if the product has been lawfully manufactured or marketed in the Member State of origin and provides an equivalent degree of protection. --------- Article 7 ^ 1 has been introduced by item 1. 19 19 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. + Article 8 The Ministry of Education and Research, the Ministry of Health and Family and the Ministry of Youth and Sports develop and implement national education programs, including through the media, on preventing and combating the consumption of products from tobacco. + Article 8 ^ 1 Repealed. ---------- Article 8 ^ 1 has been repealed by point (a). 3 3 of the single article of LAW no. 203 203 of 21 October 2008 , published in MONITORUL OFFICIAL no. 729 729 of 28 October 2008. + Article 9 In order to disseminate promotional materials to prevent and combat the consumption of tobacco products, radio and television stations provide an emission space of at least 30 minutes weekly, for the Ministry of Education National and Scientific Research, Ministry of Health, Ministry of Youth and Sports and non-governmental organizations independent of tobacco industry and aimed at activities reducing tobacco consumption, under the conditions art. 44 44 para. ((1) of Law no. 95/2006 on health reform, republished, with subsequent amendments and completions. ---------- Article 9 has been amended by section 6.6. 12 12 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. + Article 9 ^ 1 Failure to comply with the provisions of this law attracts civil or criminal contravention liability, as the case may be --------- Article 9 ^ 1 has been introduced by item 1. 20 20 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. + Article 10 The following acts constitute contraventions and are sanctioned as follows: a) non-compliance by individuals with the provisions of art. 3 3 para. (1) and (1 ^ 1) shall be sanctioned with contravention fine from 100 lei to 500 lei; ... ---------- Lit. a) of art. 10 10 has been amended. 13 13 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. b) non-compliance by legal persons with the provisions of art 3 3 para. ((1), (1 ^ 1), (5), (5 ^ 2), (6), (6 ^ 1), (7 ^ 1) and art. 4 4 para. (2) is sanctioned with a contravention fine of 5,000 lei at the first offense, with a contravention fine of 10,000 lei and with the complementary sanction of suspension of activity until the situation that led to the suspension of the activity misconduct; the commission of a new contravention to this law is sanctioned with a contravention fine of 15,000 lei and with the complementary sanction of closing the unit. ... ---------- Lit. b) of art. 10 10 has been amended by section 4.2 13 13 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. c) non-compliance with 3 3 para. ((8), (9), (10), of art. 3 ^ 2 para. ((1), (3), (6 ^ 1), (7), (9), of art. 3 ^ 3, of art. 3 ^ 4 para. ((1) and (2) and art. 6 is sanctioned with a contravention fine of 10,000 to 50,000 lei; ... d) non-compliance by manufacturers or importers of the requests of the Ministry of Public Health provided for in 3 ^ 2 para. (6) and (7) are sanctioned with a contravention fine of 10,000 to 50,000 lei. ... ------------ Article 10 has been amended by section 10. 21 21 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. + Article 10 ^ 1 Tobacco and tobacco products resulting from the commission of the contraventions provided in art. 10 is confiscated, in order to destroy, according to the legal provisions in force. ------- Article 10 ^ 1 has been introduced by item 1. 22 22 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. + Article 11 Sanctions provided for in art. 10 lit. c) and d) shall apply to legal persons. ---------- Article 11 has been amended by section 1. 14 14 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. + Article 12 (1) Failure to comply with art. 3 3 para. ((5 ^ 2), (6), (8), (9), (10), of art. 3 ^ 2 para. (1), of art. 3 ^ 3, of art. 3 ^ 4 para. ((1) and (2), of art. 4 4 para. ((2) and art. 6 is sanctioned with the withdrawal from the market of the product concerned, in order to destroy, according to the law, by the competent bodies. ... ((2) Abrogat. ... ---------- Alin. ((2) of art. 12 12 has been repealed by section 6.6. 15 15 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. ---------- Article 12 has been amended by section 4.2. 23 23 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. + Article 13 Repealed. -------- Article 13 has been repealed by point (a) 23 23 of art. I of LAW no. 90 90 of 5 April 2004 , published in MONITORUL OFFICIAL no. 342 342 of 20 April 2004. + Article 14 The provisions regarding the establishment and sanctioning of contraventions in this Law shall be supplemented by the Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ------------ Article 14 has been amended by section 4.2. 24 24 of art. I of ORDINANCE no. 5 5 of 30 January 2008 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2008. + Article 14 ^ 1 The finding of contraventions and the application of sanctions shall be made by persons empowered in this regard by the Ministry of Health and the National Authority for Consumer Protection, except for the provisions of art. 10 lit. a), b) and c), where the finding of contraventions and the application of sanctions are made by representatives of the local police or the Ministry of Internal Affairs. ---------- Article 14 ^ 1 has been amended by section 1. 16 16 of art. I of LAW no. 15 15 of 29 January 2016 published in MONITORUL OFFICIAL no. 72 72 of 1 February 2016. + Article 14 ^ 2 The Ministry of Public Health tells the European Commission, annually and whenever changes occur: a) the data and information resulting from the application of art. 3 3 ^ 2 and 3 ^ 4; ... b) the list of approved laboratories for the measurement of tar, nicotine and carbon monoxide content in tobacco products, as well as the criteria used for the approval and monitoring methods applied. ... ----------- Article 14 ^ 2 has been introduced by section 2. 7 7 of art. I of EMERGENCY ORDINANCE no. 58 58 of 30 August 2006 , published in MONITORUL OFFICIAL no. 763 763 of 7 September 2006. + Article 15 This law shall enter into force within 6 months from the date of publication in the Official Gazette of Romania, Part I, except for the provisions of art. 3 3 para. ((8) and (9) and art. 6, which shall enter into force on 31 December 2004. This law transposes Directive of the European Parliament and of the Council no. 2001 2001 /37/EC on the approximation of the laws, regulations or administrative provisions of the Member States relating to the production, presentation and sale of tobacco products, published in the Official Journal of the European Communities no. L 194 of 18 July 2001, p. 26-35. ----------- The entry for the transposition of the Community rules was introduced by point 8 8 of art. I of EMERGENCY ORDINANCE no. 58 58 of 30 August 2006 , published in MONITORUL OFFICIAL no. 763 763 of 7 September 2006. This law was adopted by the Senate at the meeting of May 16, 2002, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, ALEXANDRU ATHANASIU This law was adopted by the Chamber of Deputies at the meeting of May 21, 2002, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU + Annex LIST including additional health warnings, according to art. 6 6 para. ((2) lit. d) 1. Smokers die younger. 2. Smoking blocks blood circulation in the arteries, causes myocardial infarction and stroke. 3. Smoking causes lung cancer, which is lethal. 4. Smoking during pregnancy damages your child. 5. Protect children: do not let them breathe your smoke! 6. Your doctor or pharmacist can help you quit smoking. 7. Smoking is addictive, don't start smoking! 8. Stopping smoking lowers the risk of fatal heart or lung illnesses. 9. Smoking can cause a slow and painful death. 10. To stop smoking, see your doctor/pharmacist. --------- Section 10 of the Annex has been amended. 25 25 of art. I of ORDINANCE no. 13 13 of 30 January 2003 , published in MONITORUL OFFICIAL no. 64 64 of 2 February 2003. 11. Smoking slows blood circulation and causes impotence. 12. Smoking causes aging skin (skin). 13. Smoking can harm sperm quality and decrease fertility. 14. The cigarette smoke contains benzene, nitrosamines, formaldehyde and cyanides. ------- Section 14 of the Annex has been amended. 26 26 of art. I of ORDINANCE no. 13 13 of 30 January 2003 , published in MONITORUL OFFICIAL no. 64 64 of 2 February 2003. -------
