Introductory provision
section 1 due to the health risks and inconvenience associated
with the use of tobacco products and exposure to tobacco smoke is notified in this
legal provisions concerning the
-the restriction of smoking in certain premises and areas, as well as on
some outdoor areas,
-smoke-free working environment,
-warning labels and ingredients on the packages to the
tobacco products,
-the restriction of the right to trade in and import of
tobacco products,
-the marketing of tobacco products and the use of certain
trademarks in advertising of other goods or services
as well as the
-product verification, etc., of tobacco products. Act (2005:369).
The restriction of smoking in certain premises and areas, as well as on
some outdoor areas
2 § smoking is prohibited
1. in premises intended for childcare, school activities
or other activities for children and youth, as well as on school playgrounds
and outdoor areas for schools and
holiday home,
2. in premises intended for healthcare,
3. in rooms that are intended for common use in residential and
institutions with a particular service or care,
4. on transport in domestic public transport or in premises and
other areas intended for use by the travelling with
such transport,
5. in the restaurants and other dining areas, except when the
serving takes place outdoors,
6. in other premises than those referred to in 1-5 as a General
meeting or a public event as described in Chapter 2.
1-3 of the public order Act (1993:1617) organized and in facilities
intended to be used by the participating in the gathering or
the event, as well as
7. in other premises than those referred to in 1-6 If the public has
access to the premises. Act (2004:485).
3 repealed by Act (1994:98).
4 § in hotels and other establishments where temporary accommodation
Professional are licensed, a certain number of rooms or
like any smoking be prohibited. In the case of
sleeping accommodation and other facilities granted for temporary accommodation
on means of transportation in domestic public transport apply rather than paragraph 2 of 4.
Act (2004:485).
paragraph 5 of the provisions of paragraph 2 shall not apply in the case of housing and
other premises for accommodation which is not temporary. Team
(1994:98).
section 6 smoking is notwithstanding the provisions of paragraph 2 of the 2-4, 6 and 7 are allowed
in parts of the premises or other areas referred to there, if
These elements specifically set aside for smoking. The same applies to
premises referred to in paragraph 1 and 2 as is permitted only for
staff.
Notwithstanding section 2 of 5, smoking may be permitted in restaurants
and on the other dining areas in separate rooms specially
allocated for smoking. Rooms where smoking is permitted, may only be
a smaller portion of the serveringsställets surface. Rooms must be
located so that visitors do not have to pass through these.
Workers should only occasionally need to reside in
the rooms, while smoking is in progress. Serving or other similar
activities must not be operated in rooms where smoking is in progress. This
does not apply to activities that are directly related to the
the rooms ' feature. Food or beverages may not be brought into these
rooms.
Deviation from § 1-4, 6 and 7, and paragraph 4 may be made if there is
specific reasons for this due to space or area
nature or manner or circumstances of
otherwise. Act (2004:485).
6 a of the Government, or the Government authority determines,
may provide for the design and ventilation of
such rooms referred to in paragraph 6, second subparagraph. Act (2004:485).
section 7 of The who, as owner or otherwise disposes
over a local, a different space or an area that
covered by any of the provisions of paragraphs 2 and 4 shall be responsible for
provisions are met.
If someone smokes despite injunction where smoking is not allowed,
the latter may be rejected. Act (1994:98).
Smoke-free work environment
section 8 in cases other than those referred to in paragraphs 2 and 4, the employer is responsible
for a worker not against their will are exposed to
tobacco smoke in the workroom or similar space where
the employee is active. As workers counted here people
referred to in Chapter 1. paragraph 2 of the first subparagraph and paragraph 3 of the Working Environment Act
(1977:1160). Act (1994:98).
Warnings, etc.
§ 9 Pack of tobacco product which is intended to
trade or business be made available to consumers in the country
to the extent and in the manner in which the Government provides
bear
1. texts and illustrations that warns of the health risks
associated with the consumption of tobacco and for smoking cessation
(warnings),
2. Declaration that warns about harmful substances like tobacco product
contains or generates (ingredients),
3. in order to ensure the identification of the location and
time for tobacco product manufacturing.
The Government may entrust to a public authority to inform
regulations referred to in the first subparagraph. Law (2002:586).
9 a § Texts, names, trade marks and figurative or other
brands that give the impression that a particular tobacco product is less
harmful than others should not be used on packaging to
tobacco products. Act (2005:369).
section 10 of the manufacturer or importer shall be responsible for packaging
to tobacco product be marked with warnings and
Declaration of contents.
section 11 of a tobacco product shall not in the course of trade, provided
consumers in the country, if it lacks warning labels or
Declaration of contents or text or declaration is
manifest error.
Commerce, etc.
Age limit
section 12 tobacco products may not be sold or otherwise disclosed
in the course of trade to the under the age of 18 years. The who
leaving out tobacco products shall satisfy itself that the recipient has
having reached that age.
If there is particular reason to assume that a tobacco product is
intended to be handed over to someone who has not reached 18 years of age may
the product is not left out.
At each point of sale for tobacco products, there shall be a
clear and clearly visible sign with information about the prohibition of
to sell or supply such goods to those who do not have
at least 18 years of age. Act (2005:369).
12 a of the tobacco products sold to consumers shall
be provided in such a way that it is possible to check
age of the recipient. This also applies when the sale is made
by Auto, by mail order or similar. Act (2005:369).
Bit sale
12 b of the tobacco products sold to consumers shall not
be provided in the form of loose cigarettes or packs
If fewer than 19 cigarettes. Act (2005:369).
Registration and control
12 c § a trader may not provide tobacco products
for sales to consumers without prior notification
the sale to the municipality in which the sale is to take place.
The trader shall exercise special control (self-check) over
sale and assume that there is a
activities appropriate the self-inspection program.
To the notification under the first paragraph, the trader comply
the self-inspection program and other information necessary for the
the municipality's supervision. If the data is changed, it shall be notified to the
the local authority without delay. Law (2010:682).
12 d § a trader supplying tobacco products for
sales to consumers to give staff the information
and the necessary support staff to follow
This law and related regulations. Law (2010:682).
Introduction
paragraph 13 of the tobacco product shall be brought into the country by the
at least 18 years of age.
Marketing
Advertising and other marketing activities
section 14 of The traders who market tobacco products to
consumers may not use commercial ads in
1. periodicals or other comparable writings on
the freedom of the Press Act is applicable,
2. a sound radio or television program or tv broadcasts over
satellite as covered by the radio and Television Act (2010:696), or
3. other transfers or technical recordings on which
freedom of expression is applicable.
Even the marketing of tobacco products to consumers than
referred to in the first subparagraph shall be prohibited. However, this does
not
1. in printed tracts on which freedom of the Press Act is
applicable, or in the transmissions or technical recordings on
what freedom of expression is applicable,
2. marketing that only consist in providing
tobacco products for sale, or
3. commercial messages inside the outlets
not pushy, outreach, or calls for the use of
tobacco.
Commercial messages referred to in the second subparagraph 3 should be in the
extent to which it is possible to be placed so that they are not visible
from the outside of the point of sale. Law (2010:727).
Trademarks
14 a of a trader marketing either another product
than a tobacco product or a service to consumers must not
use the trademarks as wholly or partially used for the
a tobacco product or according to the applicable law relating to trade marks
is registered or established for such a product, if
marketing is done in commercial advertisements in
1. periodicals or in other comparable writings on
the freedom of the Press Act is applicable,
2. a sound radio or television program or tv broadcasts over
satellite as covered by the radio and Television Act (2010:696), or
3. other transfers or technical recordings on which
freedom of expression is applicable.
If a trader uses such trademarks as
referred to in the first paragraph when marketing to consumers on
any way other than that which is said, the trader shall comply with
the moderation that is conditioned by the fact that the sign can also be
associated with the tobacco product.
The provisions of the first and second subparagraphs shall not apply
1. in the case of trademarks which only limited
scope exists in respect of the marketing of tobacco products,
2. in the case of a product characteristic that emerges in a form
clearly differs from the appearance of tobacco product
characteristics, or
3. in other cases, if it is unfair. Law (2010:727).
Sponsorship
14 b of the Manufacturers, wholesalers and importers of
tobacco products are not allowed to sponsor an event or activity
to which the public has access or which is likely to get
cross-border effect, if the sponsorship is likely to have
to promote the sale of tobacco products.
Provisions on the prohibition of sponsorship of programs on radio and television
as well as on product placement in tv Broadcasting Act
(2010:696). Law (2010:727).
Sanctions under the marketing practices Act
section 15 a marketing measure contrary to 9 a § or
14-14 (b) § § shall for the purposes of 5, 23 and 26 of the
the Marketing Act (2008:486) is considered to be unfair towards the
consumers. A marketing action that is contrary to section 14 of the
the first subparagraph of paragraph 2 or 3 or 14 a of the first subparagraph 2 or 3
can cause market disturbance fee in accordance with the provisions of
29-36 of the marketing practices Act. Law (2008:495).
Product control, etc.
section 16 of the manufacturer or importer of tobacco products shall, in the
extent prescribed by the Government, to
The public health agency to provide information about the ingredients and
quantities of tobacco products and on their effects on
health. Team (2013:630).
section 17 the Government may, if there are specific health reasons,
provide for certain kinds of tobacco products may not be manufactured in the
or be introduced to Sweden for sale to consumers.
section 18 of the Government, or Government authority determines,
provide for emission limit values for harmful substances
tobacco product shall not contain or cause, and if the measurement
and monitoring of such limits. An article that does not
comply with the regulations may not be manufactured or sold in the
Sweden. Nor shall such be brought into Sweden
for sales to consumers. Law (2002:586).
18 a of an article that does not meet the requirements
issued under section 18 shall not be exported to a country
outside the European Union. Law (2010:1317).
18 b of the manufacturers, wholesalers and importers of
tobacco products to the public health agency to provide information about
the costs that they have had for advertising, marketing
and sponsorship of such products.
The Government may provide for uppgiftsskyldighetens
scope. Team (2013:630).
Supervision
section 19 of the central supervision of this law and connecting
regulations shall be exercised by
1. the working environment authority regarding
a) premises and other premises referred to in paragraph 2 and which is
permitted only for employees, and
b) premises and other areas to which section 8 applies,
2. The public health authority as regards
a) environment referred to in paragraph 2 which are not franchised solely
for staff,
b) premises referred to in paragraph 4,
c) warnings, etc. According to the 9, 10 and 11 sections,
d) trade, etc. According to 12-12 d sections,
e) product control, etc. in accordance with §§ 16-18, and
f) data on marketing costs according to section 18 (b),
as well as the
3. The Consumer Ombudsman with regard to marketing pursuant to
section 9 or 14-14 (b) sections.
At the Consumer Ombudsman oversight applied the provisions of
the Marketing Act (2008:486). Team (2013:630).
19 a of the immediate enforcement of this law and
connecting regulations practiced by
1. the working environment authority with regard to premises and other
areas for which the Agency has the central oversight,
2. the municipality with regard to
(a)) the environments and premises of the public health agency has
the central oversight,
(b)) the rules on warnings etc. in paragraphs 9 and 11 of the
outlets, and
c) provisions on marketing accommodation in 14 and 14 (a) sections when
terms of marketing actions on or adjacent to
outlets, and
3. the municipality and police authorities with regard to
the rules on trade, etc. According to 12-12 d sections.
The County Administrative Board is exercising within the County supervision referred to in the first subparagraph
2 and 3. The County Board shall
1. follow local authorities ' activities and assist municipalities with
information and advice, and
2. promote cooperation between different enforcement authorities and
between supervisors and others. Law (2014:757).
19 b of a municipality may charge a fee for their for their oversight of the
It engaged in notifiable trade with
tobacco products. Act (2005:369).
19 c § a municipality may conclude agreement with another municipality if that
supervisory tasks which the municipality has under this Act shall
be carried out in whole or in part by the other municipality. The municipality
may not transfer power to decide cases in accordance with the
20 or 20 a of. Law (2010:682).
section 20 of the public health authority may notify the injunctions and
ban needed to provisions of 9, 10, 11 and
16-18 sections or with the assistance of them announced regulations to
be followed.
The supervisory authority referred to in article 19 may, in its
supervisory activities notify the injunctions or prohibitions
needed to act, or a regulation which has been notified to the
with the aid of the law should be followed.
In the decision on the injunction or prohibition, supervisor
put out a penalty. The penalty must not be transformed. Team (2013:630).
20 a of in the event of serious or repeated infringements of the
the provisions of this law, the municipality may prohibit a
Traders providing tobacco products for sale
to consumers to continue the sale or, if the prohibition
may be considered to be an overly restrictive action, notify alert.
The prohibition referred to in the first subparagraph shall be communicated for a period of up to
six months.
Decision referred to in the first subparagraph shall be effective immediately, if not something
otherwise specified in the decision. Law (2010:682).
section 21 of a supervisory authority may decide that a tobacco product shall
be taken care of if it is offered for sale or obvious
is intended to be offered for sale in contravention of this law
or connecting regulations.
If a product has been taken care of, get the owner under
supervisory control take the corrections needed
for the product shall be sold. The goods must be returned if it is made
most likely it will not be sold in violation of this Act
or connecting regulations. In other cases, the goods
destroyed by the supervisory authority.
A decision as referred to in the first subparagraph shall be effective immediately, if not
otherwise specified in the decision. Law (2010:682).
section 22 of a supervisory authority has the right to request the
information, documents, samples and similar needed
for the supervision of the authority under this Act.
22 a of in order to provide a basis for a dialogue between the municipality
and that leaves out tobacco products if the obligation to
make sure that the recipient has reached the age at which
specified in section 12, the municipality may carry out the control purchase. In the case of a
such a purchase, the municipality only hire a person who has reached the age of
18 years of age.
A control purchases may be carried out without the trader
be informed in advance if the control purchase. The municipality shall, as soon as possible
After a completed control purchase, inform the trader about
control purchase. Law (2014:119).
22 b of information gained through the control purchase must not be
basis for the municipality to notify injunctions or prohibitions
under 20 and 20 (a) sections.
The Government or the authority that the Government may
provide for the implementation of the control purchase.
Law (2014:119).
section 23 in order to carry out its duties under this law, a
the supervisory authority has the right to get access to areas, premises
and other areas affected by this law or connecting
regulations and, where do surveys and take samples.
For selected samples will not be paid compensation.
The Government or the authority that the Government may
provide for the obligation to replace a
regulatory costs for sampling and survey
of samples. Law (2010:682).
23 a of the municipality and the police authorities shall notify each other
If the circumstances which are relevant for the purposes of supervision.
A municipality which has taken the decision in a case under this Act
to send a copy of it to the public health agency,
Police and the State Provincial Office concerned by
the decision. Law (2014:757).
23 b of the police authority shall, at the request of another
supervisory authority provide the assistance needed at
application of sections 21 and 23.
A request referred to in the first subparagraph may only be made if
1. the particular circumstances give reason to suspect that
the operation cannot be carried out without a police man's special
powers under section 10 of the law on police (1984:387)
used, or
2. There are serious reasons.
Law (2014:757).
section 24 of the one who has taken the position of any case under
This law shall not improperly disclose or otherwise
take advantage of what he or she thereby have been told about
professional secrets or business conditions.
In the public activities should apply the provisions of
public access to information and secrecy (2009:400).
Law (2009:455).
Appeal
paragraph 25 of the Decision that has been taken by a municipality under this Act may
be appealed to the administrative court.
Decisions taken by the public health agency has notified pursuant to section 20 of the
the first paragraph or section 21, or that the work environment authority
announced may be appealed to the administrative court.
Leave to appeal is required for an appeal to
the administrative court. Team (2013:630).
section 26 of the Decision on the regulations referred to in section 9 that an authority has
announced on the basis of an authorization may be appealed to the
the Government by manufacturers of tobacco products, and importers of
tobacco products intended for sale to consumers in the
the country. Law (2010:682).
Liability, etc.
section 27 of The who willfully violates section 11 and selling
tobacco products in violation of the ban which has been granted in accordance with section 20 (a)
sentenced for illegal tobacco sales to fine or imprisonment
a maximum of six months.
The same applies to those who intentionally or negligently violates
at paragraph 12 of the first or second subparagraph, or article 12 c
paragraph.
Is the deed to be sentenced to not call responsibility.
Law (2010:682).
27 a of whoever has transgressed a penalty payment mechanism or a
injunction should not incur liability under this Act for
the Act covered by the injunction or prohibition.
Law (2010:682).
section 28 of the Regulations on liability for illegal entry and unlawful
the export of tobacco products Act (2000:1225) of punishment for
smuggling. Law (2002:586).
Transitional provisions
1996:941
This law shall enter into force on 1 January 1997, but applied,
with regard to paragraph 25, not in cases where it
the first decision taken beforehand.
2005:369
1. This law shall enter into force, with respect to paragraph 12 (b) on the day
the Government, and on 1 July 2005.
2. Equipment for the outdoor advertising at points of sale as is
in use at its entry into force may continue to be used until the end of
2005.
2010:682
1. this law shall enter into force on 1 August 2010.
2. A notice of sale of tobacco products within the meaning of § 12 c
have been made before the entry into force have continued validity.
