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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 6, 2019 No. 183

About approval of criteria by which the risk degree from implementation of economic activity in the field of the prevention and reduction of the use of tobacco products and their adverse effect on health of the population is estimated and frequency of implementation of planned actions of the state supervision (control) by Public service for safety issues of foodstuff and consumer protection is determined

(as amended on 24-03-2023)

According to part two of article 5 of the Law of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity" the Cabinet of Ministers of Ukraine decides:

Approve criteria by which the risk degree from implementation of economic activity in the field of the prevention and reduction of the use of tobacco products and their adverse effect on health of the population is estimated and frequency of implementation of planned actions of the state supervision (control) by Public service for safety issues of foodstuff and consumer protection which are applied is determined.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 6, 2019 No. 183

Criteria by which the risk degree from implementation of economic activity in the field of the prevention and reduction of the use of tobacco products and their adverse effect on health of the population is estimated and frequency of implementation of planned actions of the state supervision (control) by Public service for safety issues of foodstuff and consumer protection is determined

1. To criteria by which the risk degree from implementation of economic activity in the field of the prevention and reduction of the use of tobacco products and their adverse effect on health of the population is estimated and frequency of implementation of planned actions of the state supervision (control) is determined by Gosprodpotrebsluzhboy, belong:

observance by subjects of managing of regulations and rules during production and realization of tobacco products within the last three years preceding the last planning period;

type of activity, performed by the subject of managing.

2. Risks of approach of negative effects from implementation of economic activity in the field of the prevention and reduction of the use of tobacco products and their adverse effect on health of the population are determined in appendix 1.

3. The list of criteria by which the risk degree from implementation of economic activity in the field of the prevention and reduction of the use of tobacco products and their adverse effect on health of the population, their indicators, the number of points on each indicator is estimated the scale of points and frequency of holding planned actions of the state supervision (control) are determined in appendix 2.

4. Reference of the subject of managing to high, average or insignificant risk degree is performed taking into account score, added by all criteria determined in appendix 2, by the following scale:

from 41 to 100 points - to high risk;

from 21 to 40 points - to average risk degree;

from 0 to 20 points - to insignificant risk degree.

5. Planned actions of the state supervision (control) in the field of the prevention and reduction of the use of tobacco products and their adverse effect on health of the population are performed behind activities of subjects of managing with such frequency:

with high risk - is not more often than once in two years;

with average risk degree - is not more often than once in three years;

with insignificant risk degree - is not more often than once in five years.

6. If by results of planned and unplanned actions of the state supervision (control) (in the presence) within the last six years for subjects of managing which are carried to average risk degree and within the last ten years for subjects of managing which are carried to insignificant risk degree, at the subject of managing violations of requirements of the legislation on measures for the prevention and reduction of the use of tobacco products and their adverse effect on health of the population, the following planned event of the state supervision (control) concerning such subject of managing are not revealed it is held not earlier than through the period of time increased in time 1,5.

Appendix 1

to Criteria by which the risk degree from implementation of economic activity in the field of the prevention and reduction of the use of tobacco products and their adverse effect on health of the population is estimated and frequency of implementation of planned actions of the state supervision (control) by Public service for safety issues of foodstuff and consumer protection is determined

Risks of approach of negative effects from implementation of economic activity in the field of the prevention and reduction of the use of tobacco products and their adverse effect on health of the population

Tasks of the state supervision (control) (code)

Risk of negative effects from conducting business activity

Criteria by which the risk degree from conducting economic activity is estimated and frequency of planned actions of the state supervision (control) is determined

the event containing risk of negative effects

Negative effects

1. Life and health of the person (O 1)

1) placement of ashtrays or hookah or smoking, the use, use of tobacco products, electronic cigarettes, devices for consumption of tobacco products without their burning, hookahs in the places prohibited by the law and also lack of the graphical sign prohibiting smoking with the corresponding warning text

the harm done to health of the person as a result of active or passive smoking, the use of tobacco products, use of devices for consumption of tobacco products without their burning and electronic cigarettes

observance by subjects of managing of regulations and rules in case of production and realization of tobacco products within the last three years preceding the last planning period

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