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FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 13, 2023 No. 203-FZ

About state regulation of production and turnover of tobacco products, tobacco products, nikotinsoderzhashchy products and raw materials for their production

Accepted by the State Duma on June 1, 2023

Approved by the Federation Council on June 7, 2023

Article 1. Scope of this Federal Law, the principles of state regulation of production and turnover of tobacco products, tobacco products, nikotinsoderzhashchy products and raw materials for their production

1. This Federal Law establishes the legal basis of production and turnover of tobacco products, tobacco products, nikotinsoderzhashchy products and raw materials for their production in the Russian Federation.

2. State regulation of production and turnover of tobacco products, tobacco products, nikotinsoderzhashchy products and raw materials for their production is performed for the purpose of protection of the rights and legitimate interests of citizens, economic interests of the Russian Federation, safety of the specified products, products and raw materials, and also for the purpose of control of compliance with law in the area of production and turnover of tobacco products regulated by this Federal Law, tobacco products, nikotinsoderzhashchy products and raw materials for their production.

3. State regulation of production and turnover of tobacco products, tobacco products, nikotinsoderzhashchy products and raw materials for their production is based on the principles of protection by the state of the rights and legitimate interests of participants of production and turnover of the specified products, products and raw materials, publicity in case of development, acceptance and application of measures of state regulation, justification and objectivity of application of measures of state regulation, exception of unjustifiable interference of the state or its bodies in economic activity of participants of production and turnover of the specified products, products and raw materials.

4. The legislation of the Russian Federation on state regulation of production and turnover of tobacco products, tobacco products, nikotinsoderzhashchy products and raw materials for their production consists of this Federal Law, the technical regulation of the Customs union "The technical regulation on tobacco products" (TR CU 035/2014), the Federal Law of December 27, 2002 No. 184-FZ "About technical regulation", the Federal Law of February 23, 2013 No. 15-FZ "About protection of public health from impact of environmental tobacco smoke, effects of consumption of tobacco or consumption of nikotinsoderzhashchy products", and also other regulatory legal acts of the Russian Federation adopted according to this Federal Law.

Article 2. The basic concepts used in this Federal Law

1. For the purposes of this Federal Law the following basic concepts are used:

1) raw materials - the tobacco which underwent postharvest and (or) other industrial treatment, used in case of production of tobacco products (including not smoking tobacco products), products with the heated tobacco or nicotinic raw materials;

2) the capital processing equipment - the equipment which is made (is intended) for tobacco products manufacture, tobacco products, raw materials, nikotinsoderzhashchy products and (or) nicotinic raw materials and which belongs to types of the capital processing equipment for their production according to part 1 of article 3 of this Federal Law;

3) raw materials production - industrial processing of tobacco for the purpose of its use for production of tobacco products (including not smoking tobacco products), products with the heated tobacco and nicotinic raw materials;

4) production of tobacco products, nikotinsoderzhashchy products - set of the engineering procedures and transactions directed to receipt of tobacco products and products with the heated tobacco from raw materials and also on receipt of nikotinsoderzhashchy products (except for products with the heated tobacco) from nicotinic raw materials;

5) products with the heated tobacco - the type of nikotinsoderzhashchy products consisting of raw materials with addition or without addition of other ingredients, intended for consumption with the device for heating of tobacco by inhalation of the tobacco vapor which is formed when heating tobacco without burning (including decays);

6) products with the heated tobacco - the product with the heated tobacco packed into interior package;

7) nicotinic raw materials - liquids and salts of nicotine with nicotine content more than 20 mg/ml;

8) turnover - delivery and purchase of tobacco products, nikotinsoderzhashchy products and raw materials for their production (including when importing to the Russian Federation and export from the Russian Federation), their transportation, storage, retail sale to which operation of this Federal Law extends;

9) federal body on control and supervision - federal executive body, the representative for control (supervision) in the field of production and turnover of tobacco products, tobacco products, nikotinsoderzhashchy products and raw materials for their production;

10) regulating authority - the federal executive body authorized on implementation of functions on development of state policy and normative legal regulation in the field of licensing, rendering the state services and implementation of the state control (supervision) in the area of production and turnover of tobacco products regulated by this Federal Law, tobacco products, nikotinsoderzhashchy products and raw materials for their production;

11) the producer of products and (or) raw materials - the legal entity or the individual entrepreneur performing according to this Federal Law production of tobacco products, and (or) raw materials, and (or) nikotinsoderzhashchy products, and (or) nicotinic raw materials;

12) information system of monitoring - the state information system of monitoring of turnover of goods, other regulatory legal acts of the Russian Federation which are subject to obligatory marking by means of identification according to requirements of the Federal Law of December 28, 2009 No. 381-FZ "About bases of state regulation of trading activity in the Russian Federation" and accepted according to it;

13) the device for tobacco heating - adaptation or the device, held for use with product with the heated tobacco and providing its direct or indirect heating without burning (including decays) for formation of tobacco vapor;

14) the licensee - the legal entity or the individual entrepreneur having the license for one of the types of activity specified regarding 1 article 8 of this Federal Law.

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