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Ministry of Justice

Republic of Tajikistan

 On January 8, 2017 No. 14

LAW OF THE REPUBLIC OF TAJIKISTAN

of January 2, 2018 No. 1484

About restriction of use of tobacco products

Accepted by the Resolution MH MOPT of October 25, 2017, No. 925

Approved by the Resolution MM MORT of December 21, 2017, No. 465

This Law determines organization-legal bases of restriction of use of tobacco products and governs the public relations connected with use, production, import, export and realization of tobacco products.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- tobacco – the plant of shrubby type containing nicotine and others unhealthy substances of the person which are processed for the purpose of receipt of raw materials for tobacco products manufacture;

- tobacco products – the products fully or partially made of tobacco leaves, intended for smoking, chewing, sucking, pledging under language or shuffings, including filtered cigarettes, non-filtered cigarettes, cigarettes, cigars, cigarillos, smoking tobacco, all types of not smoking tobacco, hookah, nasvay and also electronic cigarettes, electronic hookahs and all types of the electronic means providing nicotine;

- nicotine – the substance containing in tobacco (the alkaloid containing in plants of the sort "Nikotiana"), causing various diseases, including myocardial infarction, stroke and oncological diseases;

- consumption of tobacco products – tobacco smoking (inhalation of products of burning or heating of tobacco), chewing, shuffing, sucking or pledging under language of the tobacco products which are causing dependence of human body on nicotine, negatively influencing health of these persons, and also health of the persons who are not using tobacco products, and polluting the environment;

- pitch – the main component of tobacco smoke which is not containing nicotine and having cancerogenic properties;

- ingredient – the substance (except for tobacco leaf and other parts of tobacco) used in case of tobacco products manufacture, and which is present at finished tobacco product including in the changed form;

- consumer packaging – packaging of tobacco products, held for sale, including packs and blocks, or primary package of products sold to the final consumer;

- the technical regulation – the technical regulation developed in the course of technical regulation, establishing the technical requirements, obligatory for observance, connected with safety of products, processes of its development, production, operation, storage, transportation, realization, utilization of its waste, performance of works and rendering services regarding safety;

- hookah – the device which consists of the main parts connected among themselves: mines, flask and mouthpiece, used for tobacco smoking or consumption of various smoking mixes which are not containing tobacco leaf;

- electronic cigarette – type of the electronic means providing the nicotine similar to this cigarette (irrespective of the size and form) which can consist of the convex part similar to the cigarette filter, and couples similar on smoke;

- nasvay – the tabakosoderzhashchy mix mixed with alkali (lime or other substance) and also with other components, held for use by podlozheniye under language, between lips and gums.

Article 2. Legislation of the Republic of Tajikistan on restriction of use of tobacco products

The legislation of the Republic of Tajikistan on restriction of use of tobacco products is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Chapter 2. Regulation of activities for restriction of use of tobacco products

Article 3. Licensing of activities for production, import, export, wholesale and retail sale of tobacco products

Licensing of activities for production, import, export to wholesale and retail sale of tobacco products is performed according to the Law of the Republic of Tajikistan "About licensing of separate types of activity".

Article 4. Regulation of activities for production, import, export, wholesale and retail sale of tobacco products

1. Production, import, export, wholesale and retail sale of tobacco products in which the hazardous substance content exceeds the hygiene standards approved by authorized state body in the field of health care is forbidden. Indicators of hazardous substances as a part of tobacco products for filtered cigarettes and non-filtered cigarettes cannot exceed respectively 10 milligrams of pitch and 1,0 of milligram of nicotine on one cigarette. Indicators of hazardous substances as a part of other types of tobacco products shall not exceed the regulations established by the corresponding technical regulation, the standard, other regulatory legal acts.

2. Consumer packaging of tobacco products, including hookah and nasvy, made in the republic, imported from abroad, or intended for free trade based on the technical regulation, shall contain the main and additional warnings of harm of consumption of tobacco products.

3. Each consumer packaging of tobacco product shall contain the main precautionary information on harm of its use which shall conform to the following requirements:

- consist of the text and the facsimile;

- occupy the upper part of each party of consumer packaging, bigger on the area, from both of its parties and occupy at least 75 percent from total area of each party;

- the text in the lower part of the face is put in state language, on the lower part of reverse side – in other languages.

4. The additional prevention shall represent the text about content of ingredients, system poisons, cancerogenic substances which is applied on side part of consumer packaging of tobacco products in color, contrast in relation to primary color of consumer packaging, in the form of the text occupying at least 17 percent of surface of the square of lateral face of consumer packaging of tobacco product.

5. Sketches of facsimiles and texts of the main warnings of harm of use of tobacco products and the formulation of the text of additional warnings of harm of consumption of tobacco affirm authorized state body as health sector.

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