Article 110. Prevention and restriction of consumption of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, and alcohol Code on the Health of the People and the Healthcare System of the Republic of Kazakhstan

Home / RLA / Article 110. Prevention and restriction of consumption of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, and alcohol Code on the Health of the People and the Healthcare System of the Republic of Kazakhstan

Article 110. Prevention and restriction of consumption of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, and alcohol Code on the Health of the People and the Healthcare System of the Republic of Kazakhstan

1. Prevention and restriction of consumption of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, as well as alcohol, are aimed at protecting public health from the consequences of their consumption and preventing addiction, including caused by new types of nicotine delivery vehicles and tobacco consumption, heating systems tobacco, electronic consumption systems, hookah, the introduction of an age limit for persons who have the right to purchase tobacco products, shaping public attitudes towards tobacco and alcohol consumption as high-risk factors for life and health, and taking coordinated actions to prevent the spread of alcohol and tobacco consumption in accordance with international obligations.

2. It is prohibited to sell tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems:

1) persons under the age of twenty-one;

2) persons under the age of eighteen;

3) from open packs of tobacco products or piece-by-piece sale of tobacco products;

4) without the direct participation of the seller by means of vending machines, other electronic or mechanical devices;

5) in buildings and territories of healthcare, education, physical education, sports and technical facilities, stadiums;

6) without the relevant documents confirming the quality of the products;

7) without a means of identification applied to a pack of tobacco products;

8) if a pack of tobacco products contains less than twenty cigarettes;

9) without information about at least three harmful compounds, such as systemic poisons, carcinogenic and mutagenic substances, placed on a pack of tobacco products, tobacco product packaging, applied to a pack of tobacco products.;

10) without tobacco products applied to the pack, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, warnings about the dangers of tobacco products and nicotine consumption;

11) without affixed to a pack of tobacco products, consumer packaging, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, inscriptions prohibiting the sale to persons under the age of twenty-one and persons under the age of eighteen;

12) which contain information that directly or indirectly misleads the consumer, including words such as "low-tar", "light", "very light", "soft", "extra", "ultra" or other phrases, including in foreign languages, any terms, descriptions, signs, symbols, or other designations that create a false impression that certain products and/or methods of consumption are less harmful than other products and/or methods of consumption, as well as evoke associations with food products (food additives), including fruits and berries, confectionery products;

13) as part of sets with other products;

14) from self-service shelves;

15) in the premises of trade organizations that sell children's products;

16) with the display and open demonstration of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems. Information about tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, is brought to the attention of customers during retail trade by placing a list of products sold, the text of which is made in letters of the same size in black on a white background measuring no more than 40x30 centimeters per place of sale and which is compiled in alphabetical order, indicating the price of the tobacco products sold without using any graphic images and drawings. Demonstration of tobacco products to the buyer in a retail facility, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, can be carried out upon request after familiarization with the list of tobacco products sold.;

17) in the territories and premises (except for duty-free trade) of railway stations, bus stations, airports, seaports, river ports, subway stations intended for the provision of passenger transportation services, in premises intended for the provision of housing and hotel services, temporary accommodation and (or) temporary accommodation, household services.

3. In places where tobacco products are sold, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, the following inscription should be placed in a prominent place: "It is prohibited to sell tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, systems for heating tobacco, electronic consumption systems and liquids for them, for persons under the age of twenty-one", as well as a warning about the dangers of smoking, approved by the authorized body.

4. Persons selling tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, in case of doubt, the buyer must reach the age of twenty-one:

1) require the presentation of an identity document;

2) refuse to sell tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, if an identity document has not been presented.

5. The consumption of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, and tobacco heating systems is prohibited.:

1) in the premises and on the territory of educational organizations, as well as in organizations for recreation of minors;

2) in the premises of healthcare organizations;

3) in public catering establishments;

4) in cultural facilities, museums, libraries and lecture halls, cinemas, theaters, circuses, concert, viewing and exhibition halls, sports organizations and sports and recreation organizations, sports arenas and other facilities intended for mass recreation;

5) in nightclubs, discos;

6) in local and long-distance trains, on air, sea and river transport vessels, as well as in the salons of urban, suburban and intercity public transport, in the subway, in public transport carrying out regular and irregular automobile transportation of passengers and luggage, taxis;

7) in buildings of airports, railway, automobile and water stations, at closed public transport stops;

8) in government agencies and organizations;

9) in premises that are workplaces and work areas;

10) in the entrances of houses;

11) in the premises and on the territory of gas stations;

12) on playgrounds;

13) in underground passages;

14) in a motor vehicle while minors are in them.

6. The norms provided for in subparagraphs 3) and 7) of paragraph 5 of this article shall not apply in cases where special equipped places have been allocated for the consumption of tobacco products, including products with heated tobacco, and tobacco heating systems.

7. Places designated specifically for the consumption of tobacco products, including products with heated tobacco, tobacco heating systems, must be equipped in accordance with the requirements established by the state body in the field of sanitary and epidemiological welfare of the population.

8. It is prohibited to import, manufacture, sell and distribute smoking tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems exceeding the maximum permissible levels of nicotine and resinous substances determined by the state body in the field of sanitary and epidemiological welfare of the population, as well as tobacco products, for which there are no established sanitary and epidemiological requirements.

9. Import, production, storage, shipment, transportation for the purpose of sale, distribution, sale and distribution of non-smoking tobacco products are prohibited.

10. The production, sale and distribution of goods imitating tobacco products is prohibited.

11. In places, including at the entrance, where the consumption of tobacco products is prohibited, including products with heated tobacco, tobacco heating systems, signs should be placed prohibiting their consumption indicating the amount of the fine.

12. A pack of smoking tobacco products and a package of smoking tobacco products must contain a warning about the dangers of tobacco consumption in accordance with the requirements approved by the Technical Regulations on Tobacco Products of the Eurasian Economic Union.

Consumer packaging of tobacco products, including products with heated tobacco, hookah tobacco, and hookah mixture, must contain a warning about the dangers of tobacco and nicotine consumption, which must meet the following requirements:

1) occupy at least sixty-five percent of each larger side of a pack of tobacco products, tobacco packaging, including products with heated tobacco, hookah tobacco, hookah mixture;

2) It should not be printed on transparent wrapping film or any other external wrapping material.;

3) be executed in the form of color drawings (pictographs, graphics) or photographic images that include text.

The text of the warning about the dangers of tobacco consumption must comply with the requirements of the Law of the Republic of Kazakhstan "On Languages in the Republic of Kazakhstan".

Sketches of warnings about the dangers of tobacco and nicotine consumption are approved by the authorized body.

The manufacturer and importer must ensure that sketches of warnings are applied to consumer packaging of tobacco products in accordance with the sketches within a period not exceeding twelve months from the date of their approval.

Sketches of warnings are applied to an equal number of consumer packages of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture.

13. The manufacturer and importer of tobacco products, including products with heated tobacco, are required to submit reports on the results of laboratory tests on the maximum permissible nicotine content in all brands of tobacco and tobacco products, including products with heated tobacco, annually by February 1 of the year following the reporting period, in accordance with the procedure approved by the authorized body.

14. The study of the content of nicotine and other harmful compounds, carcinogenic and mutagenic substances in tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, is carried out by the manufacturer, importer of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, at their own expense in laboratories accredited in accordance with the legislation of the Republic of Kazakhstan.

15. Retail sales are prohibited:

1) alcoholic beverages for persons under the age of twenty-one;

2) alcoholic beverages, except for sale in restaurants, bars and cafes:

from 23 to 8 o'clock the next day;

with a volume fraction of ethyl alcohol in excess of thirty percent from 21 to 12 o 'clock the next day;

3) in other cases stipulated by the laws of the Republic of Kazakhstan.

16. Sponsorship and advertising of tobacco, tobacco products, alcohol products, and products imitating alcoholic beverages are prohibited.

Individuals and legal entities engaged in the import, production, sale and distribution of tobacco may provide charitable assistance in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

17. It is prohibited to consume alcoholic beverages, tobacco and tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, systems for heating tobacco by minors.

Parents and other legal representatives of minors are administratively responsible for the use of alcoholic beverages by minors in accordance with the laws of the Republic of Kazakhstan.

18. When selling alcoholic beverages, persons engaged in the sale of alcoholic beverages, in case of doubt, are obliged to reach the age of twenty-one by the buyer.:

1) require the presentation of an identity document;

2) to refuse to sell alcoholic beverages if an identity document has not been presented.

President

Republic of Kazakhstan

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