Law of Ukraine
On Measures of Prevention and Reduction of Use of Tobacco Products and Their Harmful Influence on People’s Health
Date of entry into force:
October 25, 2005
The Law determines the main principles and directions of the state policy concerning the following:
- prevention of smoking of tobacco products;
- reducing the level of their consumption among the population;
- limiting access to them for children;
- protection of health of the population from the harm inflicted on their health as a result of diseases, disability and also death-rate caused by tobacco products smoking or other methods of their consumption.
The key tasks of the law include:
- reinforcement of state control over safety of tobacco products manufactured in Ukraine or imported into Ukraine;
- improvement of preventative, enlightenment measures aimed at prevention and reduction of tobacco products smoking or other methods of their consumption;
- facilitating treatment from tobacco products dependence of people willing to quit the harmful habit and propaganda of healthy way of life;
- ensuring protection of a person from harmful influence of tobacco smoke in working and public places;
The law sets prohibition on sale of tobacco products, objects connected with their use by individuals, who have not reached 18 years of age.
In public places, for individuals, who do not, smoke no less than 50% of the territory must be allocated in such a way that tobacco smoke does not spread to this territory.
The law lists authorities of the Cabinet of Ministers of Ukraine, central executive power body in the sphere of healthcare, Council of Ministers of the Autonomous Republic of Crimea and local executive power bodies, local self-government bodies as to prevention and reduction of consumption of tobacco products and their harmful influence on health of the population.
On the territory of Ukraine, production (except for production for export) and import for sale in Ukraine of the following tobacco products is prohibited:
- cigarettes, in which indicators of nicotine and tar content exceed 1.2 milligrams of nicotine and 12 milligrams of tar;
- the package does not contain medical warning of the consumers of tobacco products;
- with use on their package of terms, inscriptions, trademarks, images, symbolic or other signs, which can mislead or create wrong impression as to characteristics of tobacco products, their influence on health or directly or indirectly create an impression that a certain tobacco product is less harmful than other tobacco products.
Determining of content of nicotine, tar and other harmful substances in tobacco products and tobacco smoke is done by organizations (laboratories), which were granted the right for testing products for compliance with requirements of safety of human health and life. The mentioned organizations (laboratories) are included by a body on technical regulation and consumer policy into a corresponding list, which is made public.
Each package of tobacco products must contain the following:
- main medical warning for consumers of tobacco products;
- one additional medical warning on harm, which smoking of tobacco products inflicted of person’s health, information about nicotine and tar content, which contain in tobacco products and escape together with tobacco smoke during smoking.
The main and additional medical warnings for consumers of tobacco products must take no less than 30% of the space of external cover of each large side of the package of tobacco products.
It is prohibited to include tobacco products and objects connected with consumption of tobacco products into humanitarian aid. Advertising of tobacco products is done in accordance with the law on advertising. Central executive power body in the sphere of healthcare must annually publish the results of monitoring in mass media in accordance with the established procedure.
Control over compliance with nicotine and tar content determined by the law in tobacco products produced, sold on the territory of Ukraine, is performed by central executive power body in the sphere of healthcare.
Upon request of the central executive power body in the sphere of healthcare, a producer or importer of tobacco products must provide information on content of harmful for health substances, which are contained in tobacco products and escape together with tobacco smoke during smoking.
The norms of the law establish the liability of natural persons or legal entities for violation of legislation on measures as to prevention and reduction of consumption of tobacco products and their harmful influence on health of the population.
If by international agreement of Ukraine, the agreement for obligation of which is given by the Verkhovna Rada of Ukraine, other rules have been established than those stipulated by the legislation of Ukraine on measures as to prevention and reduction of consumption of tobacco products and their harmful influence on health of the population, then the rules of the international agreement shall be applied.