It's official: Millions of Romanians will no longer be able to buy a popular product. The law has been promulgated by Iohannis
President Klaus Iohannis signed on March 27 the Decree regarding the promulgation of the Law for amending and supplementing certain normative acts in the field of tobacco products, which prohibits the sale of electronic cigarettes to minors.
The bill was adopted on February 27, with a majority of votes, by the plenary of the Chamber of Deputies, the decision-making body, and several amendments that were initially rejected were also accepted.
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The purpose of the bill is to amend and supplement Law no. 201/2016 as well as Law no. 349/2002. In order to reduce children and young people's exposure to tobacco products, the proposed normative act extends the prohibition of vending machines as well as the prohibition of sales to individuals under the age of 18 for electronic cigarettes, cigarette refill bottles and electronic devices for tobacco heating.
At the same time, it is established within the responsibility of educational institutions to introduce coercive measures applied to students for not complying with the provisions regarding the sale/possession and use of all categories of tobacco products, electronic cigarettes and electronic devices for tobacco heating on their premises. Moreover, the incorporation of the definitions for electronic cigarettes and refill bottles for electronic cigarettes, as outlined in European legislation, is guaranteed.
Several amendments that were initially rejected have been adopted by the deputies.
One of the amendments defines the electronic device for tobacco heating and products intended for inhalation without burning from tobacco substitutes, electronic cigarettes, refill bottles, nicotine pouches for oral use, as well as products intended for inhalation without burning from tobacco substitutes.
According to another amendment, the introduction to the market of oral nicotine pouches that do not comply with the provisions of this law is prohibited. The nicotine level contained in each pouch cannot exceed the value of 20 mg/pouch.
According to another adopted amendment, smoking is prohibited for students in all educational units, as well as the use of all categories of tobacco products, electronic cigarettes, refill bottles for electronic cigarettes, electronic devices for tobacco heating, oral nicotine pouches and products intended for inhalation without burning from tobacco substitutes.
Additionally, the sale through vending machines of all categories of tobacco products, electronic cigarettes, refill bottles for electronic cigarettes, electronic devices for tobacco heating, products intended for inhalation without burning from tobacco substitutes, nicotine pouches for oral use and products intended for inhalation without burning from tobacco substitutes is prohibited, as stipulated by another adopted amendment, according to Agerpres.
The sale of all categories of tobacco products, electronic cigarettes, refill bottles for electronic cigarettes, electronic devices for tobacco heating, products intended for inhalation without burning from tobacco substitutes, nicotine pouches for oral use and products intended for inhalation without burning from tobacco substitutes is prohibited to individuals under the age of 18. In order to verify the age of individuals purchasing these types of products, sellers may request to show an identification document, according to another amendment adopted.
The sale through easybox/locker-type devices of all categories of tobacco products, electronic cigarettes, refill bottles for electronic cigarettes, electronic devices for tobacco heating, products intended for inhalation without burning from tobacco substitutes, oral nicotine pouches and products intended for inhalation without burning from tobacco substitutes is prohibited. These products sold through courier services must have the following message printed on the package, as legibly as possible: "Attention! This package contains tobacco products and/or products containing nicotine. Customer's age must be verified".
Another amendment introduces a special clause in the sanitary operating permit of units that sell tobacco products, electronic cigarettes, refill bottles for electronic cigarettes, electronic devices for tobacco heating, products intended for inhalation without burning from tobacco substitutes, nicotine pouches for oral use and products intended for inhalation without burning from tobacco substitutes. This clause prohibits the sale of tobacco products, electronic cigarettes, refill bottles for electronic cigarettes, electronic devices for tobacco heating, products intended for inhalation without burning from tobacco substitutes, nicotine pouches for oral use and products intended for inhalation without burning from tobacco substitutes to individuals under the age of 18.
The bill introduces sanctions of up to 100,000 lei, depending on the severity of the offense.
The identification of offenses and the imposition of sanctions are conducted by individuals authorized for this purpose by the Romanian Ministry of Health and the National Authority for Consumer Protection, as well as by representatives of local police or the Ministry of Internal Affairs.
The Ministry of Education determines, through the Framework Regulation for the organization and functioning of pre-university education units, the penalties applicable to students for violating the provisions regarding the sale/possession and use of all categories of tobacco products, electronic cigarettes, refill bottles for electronic cigarettes and electronic devices for tobacco heating within educational institutions.
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