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of December 14, 2007 No. 278-XVI

About control over tobacco

(as amended on 20-07-2023)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Subject and purpose of the law

(1) This law regulates activities for control over tobacco.

(2) Control over tobacco represents the regulating mechanism founded by the state directed to reduction of the harm done to health by consumption of tobacco products and similar products and impact of tobacco smoke.

(3) the Purpose of this law is providing with the state necessary conditions for protection of health of the population against effects of consumption of tobacco products and similar products and impact of tobacco smoke.

Article 2. Basic concepts

In this law the basic concepts have the following value:

additive – the substance other than tobacco added to any tobacco product to its single packaging or any outside package;

aerosol of tobacco product or similar product – the substances emitted as a result of inclusion and by means of use of the device for heating of the not smoking tobacco product or similar product which is not assuming process of burning or decay, or any other new tobacco product which otherwise is included for use;

outside package – the any kind of packaging used for placement of tobacco products and similar products in the market and containing single packaging or group of single packagings. The transparent wrapper is not considered outside package;

fragrance – additive which impacts smell and/or relish;

characteristic aroma – obviously felt smell or taste other than smell or taste of tobacco determined by additive or combination of additives which include without being limited to it, the fruit, spices, herbs, alcohol, sweets, menthol or vanilla felt to or during consumption of tobacco product;

the warning of harm for health – the warning of adverse effect of product on the health of the person or other undesirable effects of its consumption including text preventions, the combined warnings of harm for health, general preventions and information messages according to this law;

the combined warning of harm for health – the warning of harm for health consisting of combination of the text prevention and the corresponding photo or other illustration;

electronic library of warnings of harm for health – the electronic file approved by the Government and developed and provided by the Ministry of Health containing the combined warnings of harm for health which shall be printed on single packaging and on any outside package of smoking tobacco products;

illegal tobacco product trade - the type of practice or behavior prohibited by the law which is related to production, sending, obtaining, ownership, distribution, sale or acquisition of tobacco products, including the practice or behavior aiming at assistance of such activities;

tobacco cultivation – set of engineering procedures of cultivation and landing of seedling of tobacco, care of tobacco plantations and cleaning of leaves;

tobacco waste – the additional (accompanying) product received in the course of conversion of tobacco and tobacco products manufacture: tops and stalks of tobacco plants, tobacco veins, scraps of tobacco leaves and tobacco dust;

devices and accessories to use, gas station or heating of tobacco products or similar products - set of the parts connected definitely which perform in system the established function allowing them to be brought to optimum temperature or to refuel tobacco product and other components or liquid for similar product for the purpose of their consumption;

the equipment for production and any its part (further - the equipment for production) - installations which are intended or adapted for use only for the purpose of tobacco products manufacture and are integral part of process of conversion/production;

the emitted substances – substances which are emitted when using tobacco product or similar product to destination, such as the substances containing in smoke or the substances emitted when using not smoking tobacco products;

tobacco fermentation – set of engineering procedures as a result of which in dry tobacco leaves there are biochemical and physical changes improving their quality, smoking properties and capability to long-term storage;

smoking – possession or manipulation of the lit or smoldering smoking tobacco product or similar product assuming process of burning or decay irrespective of, smoke actively is inhaled or exhausts. For the purposes of this law possession or manipulation of the device which is switched on for heating of the not smoking tobacco product or similar product which is not assuming process of burning or decay or any other new tobacco product which is not assuming process of burning or decay irrespective of, the aerosol actively is inhaled or exhausts is recognized smoking;

tobacco smoke – the smoke which is emitted from burning of cigarette, tobacco for hookah or other tobacco product naturally or in combination with the smoke exhaled by the smoker;

pitch - the raw dehydrated smoke condensate which is not containing nicotine;

the tobacco industry – set of the business entities making, importing, exporting, storing and/or selling tobacco and/or tobacco products;

ingredient – tobacco, additive, and also any the substance or element which are present at finished tobacco product or similar product including paper, the filter, ink, sleeves and glues;

supply chain - the system of types of activity including tobacco products manufacture and the equipment for production and also import or export of tobacco products and the equipment for production which if necessary can be expanded for inclusion of one or several types of activity:

a) tobacco cultivation, except for the small tabakovod, farmers and producers who are traditionally engaged in such activities;

b) transportation in commercial scales of tobacco products or production equipment;

c) wholesale trade, storage in warehouse or distribution of tobacco and tobacco products or the equipment for production and any its parts;

controlled delivery - method in case of which export, transportation on the territories or import to the territory of one state or several states of the illegal or causing suspicions loads from permission and under the supervision of competent authorities of the relevant states for the purpose of investigation of any crime and identification of persons involved in making of this crime is allowed;

the workplace – any closed or half-closed place used during service or work regardless of that, paid is activities or not. Workplaces include not only those places where activities, but also all adjacent or occasional seats which are usually used working during their activities including corridors, elevators, ladders, lobbies, adjacent rooms, buffets, toilets, recreation rooms, places of meal, office constructions, such as workshops and hangars, and also the vehicles used in the office purposes are directly performed;

the public service vehicle – any vehicle used for public transportation of people, as a rule, for a fee including taxi;

the deleted identification markings protected not unique (further - identification markings) - the unique identification digital codes or markings applied on each level of packaging of tobacco products and similar products (single packaging, outside package, cardboard box, the pallet) which are stored in the database and are scanned on all supply chain up to the first buyer;

nicotine - nicotine alkaloids;

single packaging – the minimum individual packaging of the tobacco product or similar product placed in the market;

placement in the market – action for provision of products to the consumer by means of sale or any other form of transfer;


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