LAW OF THE AZERBAIJAN REPUBLIC

of June 8, 2001 No. 138-IIQ

About tobacco and tobacco products

This Law governs the relations connected with production, purchase and sale, import, export, consumption of tobacco and tobacco products in the Azerbaijan Republic and establishes the legal basis of management of their quality.

Chapter 1. General provisions

Article 1. Basic concepts

1.0. The concepts used in this Law express the following values:

1.0.1. tobacco - the one-year technical plant used as the main raw materials in tobacco products manufacture after conversion of its leaves;

1.0.2. pipe tobacco - one-year technical plant which leaves are intended for smoking by means of tube;

1.0.3. fermentative tobacco - tobacco leaf, last natural and technological processes for tobacco products manufacture;

1.0.4. tobacco products - the products made of tobacco leaf and its components incorporating nicotine, active alkaloid, including cancerogenic substances and causing addiction to nicotine (cigarettes, cigarettes, cigars, cigarillos, pipe tobacco, etc.);

1.0.5. nicotine - the substance which is present at composition of tobacco and pipe tobacco relating to group of alkaloids;

1.0.6. tobacco pitches - semi-fluid, gaseous condensate of smoke;

1.0.7. ingredient - the flavoring substances added to tobacco, additives of tobacco and not tobacco content, and also not tobacco components used in tobacco products manufacture;

1.0.8. flavoring substance - not tobacco substances added to tobacco for giving to tobacco product of special taste and aroma;

1.0.9. not tobacco components - the cigarette papers used in tobacco products manufacture, ink, adhesives, filters, and also any other parts different from tobacco;

1.0.10. turnover - purchase (including import), sending (including export), storage, wholesale and retail sale of the tobacco which underwent industrial conversion, and also tobacco products.

Article 2. Legislation of the Azerbaijan Republic on tobacco and tobacco products

2.1. The legislation of the Azerbaijan Republic on tobacco and tobacco products consists of this Law and regulatory legal acts adopted in connection with this Law, and also other legislation of the Azerbaijan Republic.

2.2. If the rules about regulation of the relations connected with tobacco and tobacco products, and management of their quality, established by interstate agreements which the Azerbaijan Republic joined differ from the rules provided by this Law rules of international treaties are applied.

Article 3. The directions of state policy on tobacco and tobacco products

The main directions of state policy on tobacco and tobacco products consist in orientation of activities in the field of production of tobacco on cultivation of valuable and high-quality tobacco products, increase in export of tobacco and tobacco products, protection of the domestic market of tobacco products, replacement of the imported tobacco raw materials with local raw materials and strengthening of measures for protection of the population against harmful effects of tobacco products.

Article 4. State regulation of production and turnover of tobacco and tobacco products

4.0. State regulation of production and turnover of tobacco and tobacco products provides:

4.0.1. adoption of regulatory legal acts on regulation of quality, production and turnover of tobacco and tobacco products;

4.0.2. market research of tobacco and tobacco products, provision of forecasts, determination on the basis of the state program of the main directions and mechanisms of regulation of development of tobacco growing;

4.0.3. establishment of agrotechnical and technical regulations on cultivation and conversion of valuable and high-quality tobacco products;

4.0.4. stimulation of activities of producers of tobacco and ensuring their social protection;

4.0.5. establishment of rules of issue of special permission (license) for business activity of production and turnover of tobacco products;

4.0.6. establish the tariff quotas on the imported tobacco products taking into account internal production;

4.0.7. establishment of rates of the excise taxes and rules of their application concerning tobacco products;

4.0.8. implementation of the state control of quality and turnover of tobacco and tobacco products;

4.0.9. preparation and ensuring execution of the programs of health directed to restriction of consumption of tobacco products;

4.0.10. implementation of other tasks established by the legislation.

Chapter II. Economic bases of the organization of tobacco growing

Article 5. Tobacco production

5.1. In the Azerbaijan Republic for commodity production of tobacco the seeds of the zoned tobacco grades meeting the requirements of state standards shall be used.

5.2. Production of original, superelite and elite seeds of tobacco is performed under control of the author of grade or the patentee in pilot farms of research and educational institutions, production of reproductive seeds of tobacco - in the state and specialized private subjects of seed farming who are engaged in this type of activity. Authors of grades according to the legislation can be engaged in production of superelite and elite seeds of tobacco in individual procedure.

5.3. Producers of seeds of tobacco in the procedure established by the legislation bear responsibility for purity of their high-quality structure, high-quality and sowing quality, adaptation to climatic conditions and phytosanitary condition.

5.4. Cultivation, collection, the layout, drying and primary conversion of tobacco are performed according to regulating documents and technological regulations.

Article 6. Tobacco conversion

6.1. Natural and industrial conversion of tobacco is performed by the companies for conversion of tobacco according to specifications.

6.2. The tobacco which underwent natural and industrial conversion is packed up, marked and will be certified according to standard rates.

Article 7. The state program on production of valuable and high-quality tobacco

7.1. The state program on production of valuable and high-quality tobacco pursues the purpose development of tobacco growing in the Azerbaijan Republic, replacement in optimum ratio of traditionally grown up botanical grades of tobacco with the flavored grades, and provides quality assurances of the made products:

7.1.1. the organization of seeds of tobacco grades, import to the country and productions on the basis of the established requirement;

7.1.2. training of producers of tobacco and specialists of the companies for tobacco conversion to technologies of cultivation and conversion of new grades;

7.1.3. measures for tobacco growing equipment by the modern equipment and processing equipment;

7.1.4. establishment of financial sources of the questions provided by the program, and also measures for investment attraction in this industry.

7.2. Preparation and implementation of the state program on production of valuable and high-quality tobacco are provided with relevant organ of the executive authority.

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