LAW OF UKRAINE

of September 22, 2005 No. 2899-IV

About measures for the prevention and reduction of the use of tobacco products and their harmful effects on health of the population

This Law determines the basic principles and the directions of state policy by the prevention of smoking of tobacco products, decrease in level of their use among the population, to restriction of access to them of children, public health care from harm which is done to their health as a result of development of diseases, disability, and also death rates caused by smoking of tobacco products or in a different way their uses.

Article 1. Determination of terms

For the purposes of this Law the terms provided below are used in such value:

Smokeless tobacco product - tobacco product which does not provide combustion process, including chewing tobacco, snuff tobacco and tobacco for the oral use;

introduction into circulation of tobacco product - provision in the market of Ukraine of tobacco products, irrespective of the place of their production on paid or free basis;

emissions as a result of the use of tobacco products (further - emissions) - substances which are emitted in atmospheric air during the use of tobacco products or coproducts to destination, including in usage time of smokeless tobacco products;

dependence calling - pharmacological capability of substance to cause dependence, that is condition which influences capability of the person to control the behavior, as a rule, by creation of feeling of remuneration, relief of symptoms of abstinency or both specified feelings;

the public place - part (parts) of any building, construction which is available or open for the population freely or by the invitation, or for a fee, constantly, periodically or from time to time, including entrances of buildings and constructions, and also underground passages, stadiums, parkings;

additive - substance other, than tobacco which is entered into structure of tobacco product, single pack or any outside package of tobacco product;

electronic cigarette - the device which can be used for inhalation of aerosols (vapors) which are formed as a result of heating by components of such product of the liquids containing or not containing nicotine. Electronic cigarettes can be disposable or reusable;

chewing tobacco - the smokeless tobacco product intended only for the chewing purposes;

tobacco substitutes - means which on influence on health of the person answer tobacco, but do not contain tobacco;

filling container - the reservoir containing the nicotinocontaining liquid (or liquid without nicotine) which can be used for gas station of electronic cigarette;

outside package - any packaging in which tobacco products or coproducts are introduced into circulation, including single packs or set of single packs. The transparent wrapper is not considered outside package;

ingredient - tobacco, additive, and also any substance or the element which is present at finished tobacco product or coproduct including paper, the filter, ink, the capsule and glue;

the combined medical prevention of consumers of tobacco products - the medical prevention consisting of the text prevention and illustration according to this Law;

smoking of tobacco products - the actions leading to combustion of tobacco products therefore tobacco smoke which is emitted in atmospheric air and is inhaled by person who smokes is formed;

the maximum level of emissions - the maximum content or emission, including zero value, substances in tobacco product which is measured in milligrams;

the medical prevention of consumers of tobacco products - the warning of consumers of tobacco products of adverse influence of tobacco product on health of the person or other undesirable consequences of the use of tobacco products, including text preventions, the combined medical preventions, general preventions and information messages, stipulated by the legislation;

nicotine - nicotinic alkaloids or other chemical, including any salt or complex of the nicotine extracted from vegetable raw materials (tobacco) or synthetic method;

the latest tobacco product - tobacco product which does not belong to one of such categories as cigarettes, tobacco for roll-up, tobacco for tube, tobacco for hookah, cigar, cigarillo, chewing tobacco, snuff tobacco, tobacco for the oral use, and introduced into circulation after May 19, 2014;

snuff tobacco - smokeless tobacco product which use is performed by shuffing;

single pack - the smallest individual packaging of the tobacco product or coproduct introduced into circulation;

the objects connected with the use of tobacco products - cigarette cases, mouthpieces, tubes, the tissue paper, filters, obrezchik of cigars used for the use of tobacco products in addition to lighters and matches;

the room - any space which has roof and is limited to two or more walls or partitions, irrespective of material from which the roof, walls or partitions is created and irrespective of, the design permanent or temporary is;

devices for consumption of tobacco products without their combustion - devices which can be used for inhalation of aerosols (vapors) which are formed as a result of heating of products which contain in the structure tobacco (products of its conversion), without their combustion;

advertizing and sales promotion of devices for consumption of tobacco products without their combustion, electronic cigarettes, filling containers, the liquids used in electronic cigarettes - any kind of transfer of the commercial information, recommendation or action on purpose, result or probable result of which directly or indirectly is sales promotion of devices for consumption of tobacco products without their combustion, electronic cigarettes, filling containers, the liquids used in electronic cigarettes or the tobacco use;

advertizing and sales promotion of tobacco - any kind of transfer of the commercial information, recommendation or action on purpose, result or probable result of which directly or indirectly is sales promotion of tobacco products and the use of tobacco;

the liquids used in electronic cigarettes - liquid mixes of the chemicals which are containing or not containing nicotine which are used for creation of aerosols (vapors) in electronic cigarettes and contain, in particular, in cartridges, filling containers and other reservoirs;

workplace - the space which is taken away in the building or construction for stay of the worker during implementation of labor activity by it;

cigar - parcel of tobacco which is used through combustion process, ready for the use, containing:

external wrapper from natural tobacco;

the filter from the threshed mix and external wrapper of normal color of cigar from the recovered tobacco which completely covers product including, if necessary, the filter, but for the pointed cigars - not pointed end which specific weight, not including the filter or mouthpiece, makes at least 2,3 of gram and no more than 10 grams, and circle of, at least, one third of length constitutes at least 34 millimeters;

cigarette - the paper cylinder with tobacco which is used through the combustion process ready to the use which is not either cigar, or cigarillo;

cigarillo - type of small cigar weighing up to 3 grams;

vkuso-aromatic additive - additive to tobacco product which impacts it smell and/or relish;

pitch - crude waterless, nicotine free condensate of smoke;

the consumer of tobacco product - the physical person acting for the purpose of, not connected with trading activity, business activity, occupation or profession;

sponsorship of devices for consumption of tobacco products without their combustion, electronic cigarettes, filling containers, the liquids used in electronic cigarettes - any kind of contribution to any event, action or the individual, the purpose, result or probable result of which directly or indirectly is sales promotion of devices for consumption of tobacco products without their combustion, electronic cigarettes, filling containers and liquids used in electronic cigarettes or the tobacco use;

tobacco sponsorship - any kind of contribution to any event, action or the individual, the purpose, result or probable result of which directly or indirectly is sales promotion, the uses of tobacco products or consumption of tobacco;

toxicity - degree of adverse effect of substance on health of the person, including consequence which arise later, usually through repeated or its permanent use or influence;

grass product for smoking - product on the basis of vegetable raw materials, herbs or fruit which does not contain tobacco which can be used through combustion process;

tobacco - leaves and other natural processed or raw parts of plants of tobacco, including the expanded and recovered tobacco;

tobacco for hookah - tobacco product which can be used through hookah. For the purposes of this Law tobacco for hookah is considered tobacco product for smoking. If tobacco can be used both for hookah, and for roll-up, it is considered tobacco for roll-up;

tobacco for tube - tobacco which can be accepted to the combustion process intended only for use in tube;

tobacco for the oral use - all tobacco products for the oral use, except those which are intended for inhalation or chewing, made fully or partially of tobacco in the form of powder or particles or any combination of these forms, in particular, in portions of sachet or porous bags;

tobacco for roll-ups - tobacco which can be used by consumers or in the place of retail trade for production of cigarettes;

tobacco aerosol - emissions from heating or decay of tobacco products;

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