President Klaus Iohannis promulgated the Law by which the sale of electronic cigarettes to minors is prohibited. The normative act amends and completes Law no. 201/2016 and Law no. 349/2002.
The new legislation extends the ban on selling to under-18s and the ban on vending for:
– electronic cigarettes
– refill bottles for cigarettes
– electronic devices for heating tobacco.
Electronic cigarettes will no longer be SOLD to minors. Where smoking is FORBIDDEN
What the new law provides
The introduction on the market of pouches/sachets with nicotine for oral use that do not comply with the provisions of this law is prohibited. The level of nicotine contained in each pouch cannot exceed the value of 20 mg/pouch.
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It is forbidden for students in all educational units to smoke, as well as the use of all categories of products containing tobacco
– of electronic cigarettes
– of refill bottles for electronic cigarettes
– of electronic devices for heating tobacco and products intended for inhalation without burning from tobacco substitutes
– of (pouches) nicotine sachets for oral use and products intended for inhalation without burning from tobacco substitutes.
The vending of all categories of products containing tobacco is prohibited
– of electronic cigarettes, refill bottles for electronic cigarettes, electronic tobacco heating devices and products intended for smokeless inhalation of tobacco substitutes
– of (pouches) nicotine sachets for oral use and products intended for inhalation without burning from tobacco substitutes.
Where smoking is prohibited
Article 3, paragraph (1) of Law 349/2002 is amended and will have the following content:
“Smoking is prohibited in all closed public spaces, closed workplace spaces, public transport, children’s playgrounds.
Exceptions to these provisions are detention facilities where persons deprived of their liberty are accommodated”.
(previously, the exception was “cells for prisoners in maximum security penitentiaries”)
The amendment regarding the prohibition of smoking for students, in all educational units, is introduced in article 3, by para. (1.3).
The responsible persons from the institutions and units that administer the spaces mentioned in art. 2 lit. m), n), nl) and n2), ie
– closed public spaces (which have a roof/ceiling/ceiling and are delimited by at least 2 walls, regardless of their nature or temporary/permanent nature)
– closed spaces at work
– public transportation
– children’s playground (indoor or outdoor)
will develop and implement internal regulations for the application of art. 3 paragraph (1), (1.1) and (1.3) including by stipulating as a serious disciplinary offense the violation of the respective provisions and the marking of the mentioned spaces with indicators to indicate No Smoking and the use of the international symbol, i.e. the cigarette crossed by a transverse line.
At para. 1.1 “Smoking is completely prohibited in health and educational facilities, as well as in those intended for the protection and assistance of children, state and private”.
Sale to minors prohibited
The sale of all categories of products containing tobacco, electronic cigarettes, refill bottles for electronic cigarettes, electronic tobacco heating devices and smokeless inhalation products made of tobacco substitutes, nicotine sachets (pouches) is prohibited for oral use and products intended for inhalation without burning from tobacco substitutes for people who have not reached the age of 18.
In order to verify the age of people who buy these types of products, sellers may request the presentation of an identity document.
The sale through easybox/locker type devices of all categories of products containing tobacco is prohibited
– of electronic cigarettes, refill bottles for electronic cigarettes, electronic tobacco heating devices and products intended for smokeless inhalation of tobacco substitutes
– of nicotine containers for oral use and products intended for inhalation without burning from tobacco substitutes.
Sale by courier
These products that are sold through courier services must have the message printed on the package, as legibly as possible:
“Careful! This package contains tobacco products and/or products containing nicotine. Check the client’s age”.
In the sanitary permit for the operation of establishments selling tobacco products, electronic cigarettes, refill bottles for electronic cigarettes, electronic devices for heating tobacco and products intended for inhalation without burning from tobacco substitutes, (pouches) nicotine sachets for use orally and products intended for inhalation without burning from tobacco substitutes, a special clause prohibiting their sale to young people under 18 years of age is introduced.
Rules for schools
The Ministry of Education establishes, through the framework Regulation for the organization and operation of pre-university education units,
– the sanctions applicable to students for non-compliance with the provisions relating to the sale/possession and use of all categories of products containing tobacco
– of electronic cigarettes, refill bottles for electronic cigarettes
– of electronic devices for heating tobacco
in the premises of educational institutions.
FINES
The law introduces sanctions of up to 100,000 lei, depending on the gravity of the act.
Finding contraventions and applying sanctions are done by persons empowered in this sense by the Ministry of Health and the National Authority for Consumer Protection, representatives of the local police or the Ministry of Internal Affairs.
Individuals risk fines between 100 and 500 lei for non-compliance with the bans on smoking in enclosed spaces provided by law and on parcels sent by courier.
Legal entities risk fines for non-compliance with prohibitions on smoking or selling cigarettes (by the piece, through vending machines, in health or educational facilities) in the amount of:
– 5,000 lei for the first violation
– 10,000 lei and suspension of the activity for the second violation
– 15,000 lei and the closure of the unit, for the third violation
Fines can also be given to the owners of the premises where the machines are located.
For the sale of cigarettes through vending machines or to young people under 18 or through easybox/locker devices or by courier without a message for minors, legal entities risk a fine of
– 10,000 lei and with the complementary sanction of suspension of activity for a period of 30 days for the first offense
– 20,000 lei and the complementary sanction of closing the unit, for the second violation
For producers, non-compliance with provisions such as
– maximum emission levels of cigarettes introduced on the market or manufactured in Romania
– additives, flavors, ingredients
– presentation, product labelling, packaging and health warnings
the fines are between 75,000 lei and 100,000 lei, for all tobacco products, devices, bottles mentioned in the new law.
