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LAW OF THE REPUBLIC OF ARMENIA ON TOBACCO REALIZATION, CONSUMPTION AND USAGE LIMITATIONS

Adopted on December 24, 2004

The current law regulates the legal relations originated in the spheres of tobacco realization, consumption, production, usage and industry, aims to protect the present and future generations from the perilous impact of tobacco usage and tobacco smoke on the people’s health, as well as from the social, ecological and other consequences.

Article 1. The main concepts applied for the purposes of the Law
The main concepts used in the current law are as follows:
Typethe kit of elements presenting  the assortment of the current firm, which as a whole is used by the producer giving an opportunity to the consumer to distinguish  the tobacco produced by that producer from the others.
Tobacco - any product with twisted or roll-like structure, which contains tobacco stuff or any substitute of it (except for cigars and cigarillos)  and is foreseen  for usage in specific conditions.
Nicotinealkaloids of nicotine contained in the tobacco and smoke.
Rosin - not elaborated component originated in the result of tobacco burning.
Tobacco product any product fully or partly created from leaves considered as stuff for tobacco products anticipated for smoking,   chewing or nostril usage.
Tobacco industry – tobacco producers, wholesale distributors and importers.
Tobacco control – wide scope of strategies in the spheres of demand, supply and harm reduction directed to the improvement of the population’s health through reduction of tobacco usage and abolishment of tobacco products, as well as through reduction or abolition of the impact of tobacco smoke on the population.

Article 2. Anti-Tobacco Project

  • The Government of the Republic of Armenia develops and implements a State Tobacco Control Project directed to the   control of tobacco and tobacco products usage and propaganda of health surveillance and healthy lifestyle.
  • Local self-governing bodies can elaborate and implement projects based on the State Project.

Article 3.  Provision of accessibility of the information on tobacco industry

  • Each person should be aware of the harm caused by the tobacco usage and originated in the result of  the perilous impact of tobacco smoke on the health.
  • The people implementing  tobacco industry are obliged:
    • To assure the right of the population to receive free and accessible information in the relevant sphere.
    • To inform the people about the negative impact of  tobacco and tobacco smoke on the people’s health as well as about social, ecological and  other consequences of tobacco usage.

Article 4. The advertising of tobacco and tobacco industry
The relations concerning the advertising of tobacco and tobacco industry are regulated in accordance with the claims of the “Law on Advertising” of the Republic of Armenia.

Article 5. Safety requirements presented to the tobacco products

  • Tobacco products are exposed to mandatory certification in accordance with the schemes anticipated for that.
  • The procedures for measurement and expertise of containment of tobacco products and the emanated from them stuff, as well as the measurements regulating those ingredients and emanated stuff are defined by the Government of the Republic of Armenia.
  • Tobacco production, import, consumption, realization  is prohibited, if the quantity of nicotine and rosin contained in the tobacco smoke exceeds the allowed limits adopted by the Government of the Republic of Armenia.

Article 6. Tobacco standardization
The tobacco products having eligibility certificate and being certified in accordance with the list of national standards satisfy the claims of the current law.

Article 7. The limitations of tobacco products’ realization

  1. While organizing the realization of tobacco products it is necessary:
    • To avoid the sale of tobacco products through false, confusing characterization, wrong and unclear information about the perilous and harmful impact of tobacco smoke and emanated from tobacco stuff on the people’s health (including the description, trade label, emblem and other signs, less harmfulness of the tobacco product etc).
    • To prohibit suggestion of tobacco product as a method of other products’ sale promotion or as any other motivation form.
    • Not to mention the brand names and emblems of the tobacco products on the sport uniform and tools, toys, dolls, small models of bicycles, cars, visual, sound games, sweets or other things like those.
    • To prohibit free dissemination of all kinds of tobacco products and their samples for the purpose of propaganda.
    • To prohibit dissemination, sale and awarding as a prize of those goods (e.g. sleeveless shirts, hats, sport jackets, umbrellas, rucksacks, sun glasses, stationary etc, that are visible for the surrounding people while using them) having the brand names or emblems of any tobacco product on them.

This point does not limit the placement of the brand names and logos of the tobacco products on the things related with smoking, such as lighters and ashtrays.
The sponsorship of tobacco products during international events and the dissemination of them among the participants of those events are prohibited.

  • Any tobacco product includes precaution adopted by a state governing body authorized by the Government of the Republic of Armenia (henceforth: authorized body) about the negative impact of tobacco usage on the health of the people.

Article 8. Limitations of realization of tobacco products

  1. The sale of  tobacco products is prohibited:
    • To the people under 18
    • By the people under 18
    • In open boxes or by the piece
    • Without direct participation of the seller (realization through sale’s automate system, through electronic or mechanic equipments) except for the places defined by the Legislation of the Republic of Armenia where the entrance of under-aged people is prohibited.
    • In health, training, children’s, educational institutions, sport halls, complexes, sanatoriums etc.
    • Without the excise stamp defined by the Legislation of the Republic of Armenia.
    • If the quantity of tobacco products is mentioned on the box of tobacco product (accordingly by pieces or by grams).
    • If the quantity of poisoned ingredients (nicotine, rosin) in the tobacco is not mentioned on the tobacco box or exceeds the allowed limit.
    • If the precaution of the negative impact of tobacco usage confirmed by the authorized body is not placed on the box.
    • If the emblem is falsified or the production of the goods contradicts to the Legislation of the Republic of Armenia.
  1. In all places of tobacco sale next to the cashier’s office or in any place close to it  the following precautions are attached:
    • Tobacco is not sold to the people under 18.
    • Precautions of the authorized body about the negative impact of tobacco on the people’s health.
  1. All the people being occupied in the tobacco realization business are obliged not to sell tobacco and other tobacco products to those with an appearance of people under 18. If the customer presents identifying document (passport, driver’s certificate or certificate of military service), then the tobacco seller may carry out the tobacco sale.

Article  9. The packaging of tobacco products

  1. Each package of tobacco products includes the following information in the state language of the Republic of Armenia.
  • Information about the containment of nicotine, rosin, which must be written on the side walls of the box;
  • Precaution about the negative impact of tobacco usage on the health of the people. The text of the precaution about the negative impact of tobacco usage on the health of the people is confirmed by the authorized body.

The text of the precaution should occupy not less than 30 percent of the front and back walls of the consumer’s package (tobacco’s box) used in the wholesale and retail trade.

  1. The precaution  text must be:
    • Clear and readable
    • In dark letters on the opposite background
    • Typed in a way difficult to clean up
    • Typed in a  place impossible  to damage  while opening
  1. The precaution text must not be:
    • Typed on transparent paper or on the external packing paper of the box
    • Hidden or covered by other typed note or picture
    • Typed on the excise stamp of the consumer’s package (tobacco box).

Article 10.  Extermination of tobacco products
All the tobacco products that were produced or sold in contradiction with the current law or do not correspond to the requirements defined by the Legislation of the Republic of Armenia, are subject to arrest. All the arrested tobacco is exposed to extermination in accordance with the procedures defined by the Legislation of the Republic of Armenia:

Article 11. Limitations of tobacco usage

  • Smoking is prohibited in:
  • Educational institutions including: training institutions, schools, pre-school institutions etc.
  • Cultural institutions including: theatres, cinemas, sport halls, circuses, concert-halls, museums, libraries, halls, auditoriums, exhibitions, as well as in the places envisaged for relaxation and amusement of the people under 18.
  • Health institutions including: hospitals, policlinics, ambulatories, sanatoriums, and other health facilities.
  • All organizations, agencies and institutions except for those anticipated for smoking.
  • Those places where smoking is prohibited  in accordance with the fire safety rules.
  • Urban transport including buses, itinerary taxis, trains (except for cabins anticipated for smoking), as well as airports, bus and train stations etc.
  • The directors of agencies and organizations initiate appropriate measures to provide separate zones for smoking. They place precautions in visible places about the prohibition of smoking.
  • The directors of agencies and organizations are obliged to  initiate measures to create appropriate conditions for smoking in closed rooms during the working hours, (including the lunch and rest  breaks), in order the smokers do not disturb the non-smokers taking into account their preference. Such measures include but are not limited with:
  • Provision of specified separate zones for smoking during the breaks.
  • Permission  for smoking only in individual  closed  premises
  • In restaurants, cafés and other organizations of public food taking there may be separated places, rooms, zones for smoking.

Article 12. Responsibility in the case of violation of the law

  • In case of violation of the claims of the current law any physical or legal individual is exposed to responsibility in accordance with the procedures defined by the Law of Republic of Armenia.
  • The control over the claims of the current law is carried out by the authorized body in accordance with the procedures defined by the Government of the Republic of Armenia, except for the state governing authorities, in case of which the control is carried out by the management of the current organization.

Article 13. Transitional clauses

    • The requirement for the precaution occupying not less than 30 percent of the front and back walls of the consumer’s package (tobacco’s box) used in the wholesale and retailed trade defined by the Point 1, (b) of the Article 9 of the current law will become  effective  on February 1, 2008; and before that the precaution volume should be at least 4 percent.
    • The Point 2 of the Article 11 of the current law will become effective  within one year after the effectiveness of the current law.

Article 14. Effectiveness of the law
The current law comes into force from the 30th day after the official publication of the law.

President of the
Republic of Armenia                                                               R. Kocharyan