Act No. 305 / 2009 Coll.
Act amending Act No. 379 / 2005 Coll., on measures to protect against damage caused by tobacco products, alcohol and other addictive substances and amending related laws, as amended
Valid
Law
Effective from 01.07.2010
Text versions:
01.07.2010
04.09.2009
305
THE LAW
of 24 July 2009
amending Act No. 379 / 2005 Coll., on measures to protect against damage caused by tobacco products, alcohol and other addictive substances and amending related laws, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 379 / 2005 Coll., on measures to protect against damage caused by tobacco products, alcohol and other addictive substances and on amending related laws, as amended by Act No. 225 / 2006 Coll. and Act No. 274 / 2008 Coll., is amended as follows:
1. footnote 1 is deleted, including the footnote references.
2. Paragraph 2, including footnotes 3 to 6, reads:
For the purposes of this Act:
(a) a sales establishment intended for the sale of goods and services by approval decision pursuant to special legislation3);
(b) by an operator, a natural or legal person meeting the conditions laid down in specific legislation3), 4), 5);
(c) wholesale sales premises of department stores, shopping centres and wholesale outlets with specialised departments or counters;
(d) specialised department of large-scale shops and not separated by building, apparently and visibly marked premises for offering alcoholic beverages;
(e) a specialised shop with a narrow assortment of goods of the same or similar nature,
(f) a mixed shop with a wide range of food and consumer goods and a shop with a sale of goods with the predominance of food in which additional goods are sold,
(g) mass caterers of establishments providing catering services under specific legislation4), 6),
(h) tobacco product a product intended for smoking, snorting, sucking or chewing, provided that it is made wholly or partly from tobacco, including genetically modified tobacco;
(i) tobacco products for smoking, snorting, sucking or chewing tobacco, with the exception of products fulfilling the function of an artistic object;
(j) an electronic cigarette product imitating the function of a tobacco product or a tobacco product intended to inhale nicotine fumes, including accessories for such products;
(k) alcoholic beverages, wine and beer; alcoholic beverages shall also mean beverages which are not listed in the first sentence if they contain more than 0,5% by volume of alcohol,
(l) harmful use of the use of tobacco products, alcohol or other addictive substances, resulting in damage to the user's physical or mental health;
(m) damage caused by tobacco products, alcohol and other addictive substances, which include damage to health, in particular serious chronic diseases, accidents, poisoning and damage caused by traffic accidents, foetal damage in pregnancy, premature deaths, social problems, in particular loss of employment and family problems, including economic damage related to the use of such substances, fires and crime,
(n) drug policy involving primary prevention, secondary prevention and tertiary prevention, a set of legal, organisational and other measures taken and implemented at the level of government, administrative and local authorities in order to reduce the availability of tobacco products, alcohol and other addictive substances, and to prevent their use, the risks and damage resulting from their use, and to mitigate the damage suffered;
o) an indicative examination of the breath test, the collection of saliva or skin or mucous membranes,
(p) by expert medical examination, a targeted clinical examination by the physician and, according to his / her practice, carrying out a breath test or sampling of biological material;
(q) the collection of biological material, in particular the sampling of venous blood, urine, saliva, hair or skin or mucous membranes;
(r) the detention service shall provide for the examination, treatment and subsequent residence of persons under the influence of alcohol and other addictive substances at the detention centre;
(s) smoking facilities of mass caterers operating on the basis of innkeeper activity (5), the operator of which has decided that smoking is permitted in premises accessible to customers and has carried out the appropriate labelling in accordance with this Act;
(t) non-smoking establishments of mass caterers operating on the basis of innkeeper activity (5), whose operator has decided that smoking is prohibited in premises accessible to customers and has carried out the appropriate marking in accordance with this Act;
(u) facilities with reserved areas of mass caterers operating on the basis of innkeeper activity (5), in which some of its premises accessible to customers are reserved for smokers and other premises reserved for non-smokers and whose operator has decided in which areas accessible to customers smoking is prohibited and in which areas accessible to customers smoking is permitted and has carried out the appropriate marking in accordance with this law.
3) Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
4) Government Decree No. 361 / 2007 Coll., laying down conditions for health protection at work.
5) Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
6) Article 23 of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Acts, as amended by Act No. 274 / 2003 Coll. '
3. In the first sentence of Paragraph 3, the words "tobacco supplies and electronic cigarettes' shall be inserted after the words" Tobacco products'.
4.
The sale of tobacco products, tobacco products and electronic cigarettes by means of vending machines for which sales to persons under 18 years of age cannot be excluded shall be prohibited. Shipments and any other forms of sale of the products listed in the first sentence in which the age of the buyer cannot be verified shall be prohibited. ';
5.
(1) The sale and manufacture of food products or toys imitating the shape and appearance of tobacco products or tobacco products shall be prohibited.
(2) The importation of food products or toys imitating the shape and appearance of tobacco products or tobacco supplies is prohibited. "
6. In Article 6 (1), the words ", tobacco supplies and electronic cigarettes' shall be inserted after the words" tobacco products'.
7. In Article 6 (2), the words ", tobacco needs and electronic cigarettes' shall be inserted after the words" tobacco products'.
8. In Article 7 (1), the words ", tobacco needs and electronic cigarettes' shall be inserted after the words" at the point of sale of tobacco products'.
9. In Paragraph 7 (2), the words ", tobacco supplies and electronic cigarettes' shall be inserted after the words" tobacco products'.
10. in 8 (1) (a):
"(a) in public places:
1. free access to enclosed premises;
2. Free public access to the internal premises of the buildings of the national and local authorities;
3. Free public access to the internal premises of the facilities established by the State or the local authorities;
4. Free public access to the internal premises of financial institutions;
5. means of public road, rail and urban public transport;
6. public access to public transport-related internal premises of buildings;
7. covered platforms, shelters and waiting rooms of public road, railway and urban public transport,
with the exception of smoking rooms reserved for construction and in the presence of persons permanently ventilated to premises outside the building, '.
11. in Article 8 (1) (c):
'(c) inside the premises of non-smoking establishments and within the premises reserved for non-smokers in the premises with restricted premises,';
12. in § 8 (1) (e):
"(e) within the premises of health care facilities of all types, except closed psychiatric wards or other addictions treatment facilities, in which smoking is permitted only in premises separated by construction, for smoking reserved for smoking and for the residence of persons permanently ventilated outside the building,"
13. in Paragraph 8 (2):
"(2) In the internal premises of buildings used by the public authorities, the authorities of the local authorities, the facilities established by the State or the local authorities of the public service and the financial institutions, including their joint catering facilities, shall ensure that persons in those buildings are protected against the damage caused by smoking. Paragraph 1 shall be without prejudice to this. ';
14. in Paragraph 8 (3):
"(3) In the case of entry into a joint catering facility operated on the basis of an innkeeper's activity (5), its operator shall be required to indicate visibly in order to ensure that persons are informed before entering the establishment,
(a) non-smoking establishments; shall bear the graphic mark "Smoking prohibited '(figure 1 of the Annex),
(b) smoking establishments; be marked with the graphic mark "Smoking permitted '(figure 2 of the Annex); or
(c) facilities with reserved spaces; they must bear the graphic mark "Building-separation spaces for smokers and non-smokers' (Figure 3 of the Annex) and, at the same time, the spaces where smoking is prohibited, the graphic mark" Smoking prohibited '(Figure 1 of the Annex) and the spaces where smoking is permitted must bear the graphic mark "Smoking allowed' (Figure 2 of the Annex).
The design of the graphic marks is adapted in the Annex to this Act. The size of the graphic marks "Smoking prohibited" and "Smoking permitted" shall be at least 12 cm x 16 cm. The size of the graphic mark "Building-separated spaces for smokers and non-smokers" shall be at least 16 cm x 24 cm. '
15. Paragraph 8 (4) reads:
"(4) Smoking and smoking-restricted facilities in which smoking is permitted must have adequate ventilation in accordance with the requirements laid down in specific legislation4). The premises with reserved spaces shall have the premises in which smoking is permitted separated by construction from those in which smoking is prohibited. ';
16. in Paragraph 9 (1):
"(1) The places where smoking is prohibited shall be indicated by the operator by the clearly visible graphic mark" Smoking prohibited. "The smoking sites reserved for them are required by the operator to mark the clearly visible graphic mark" Smoking permitted. "The design of the graphic marks is adapted in the Annex to this Act. The size of the graphic marks shall be at least 12 cm x 16 cm. '
17. the following Section 9a is inserted after Section 9:
A municipality within its own competence may temporarily or permanently prohibit smoking in open children's playgrounds, open sports grounds, or in the indoor premises of buildings intended for the organisation of sports, cultural and social events, or in sports, cultural and social events where such places or events are designated or reserved for persons under 18 years of age. '
18.Paragraph 11 (1) reads as follows:
"(1) The sale and manufacture of toys imitating the shape and appearance of alcoholic beverages shall be prohibited. ';
19. In Article 11, the following paragraph 2 is inserted after paragraph 1:
"(2) The importation of toys imitating the shape and appearance of alcoholic beverages shall be prohibited. ';
Paragraph 2 shall become paragraph 3.
20. in Article 12 (1) (e), the word 'environment' shall be replaced by 'means';
21. Paragraph 12 (2) reads:
"(2) The sale of alcoholic beverages by means of vending machines for which sales to persons under 18 years of age cannot be excluded shall be prohibited. Shipments and any other forms of sales in which the age of the buyer cannot be verified shall be prohibited. ';
22. in Paragraph 17 (1):
"(1) An anti-alcoholic and antitoxic detention centre (hereinafter referred to as" detention centre ") is a medical establishment which establishes a self-governing unit which may, under its own responsibility, provide the care provided in that establishment also by contract, in order to ensure that a detention service is provided throughout its territory."
23. in Article 22 (1) (f):
"(f) provide detention services in its territory as required; to that end, establish or establish detention centres, unless it is possible to provide the service by detention centres operated by other legal persons or natural persons; ';
24. in § 22 (1) (g):
"(g) coordinate the establishment, establishment and operation of detention centres established or established by municipalities under their separate responsibility or by natural or legal persons;"
25. in Article 22 (2) (e):
"(e) it is entitled to establish, establish or participate in the financing of detention centres."
26. Paragraph 24, including footnotes 20 and 21, reads as follows:
(1) The monitoring of compliance with the obligations laid down by this Law, with the exception of those under Sections 5 and 11 (1) and (2), shall be carried out by:
(a) the Municipality of Delegation;
(b) municipal police,
(c) Police of the Czech Republic,
(d) in the case of catering services, the public health authority.
(2) The monitoring of compliance with the obligations under Articles 5 (1) and 11 (1) is carried out by the Czech Trade Inspectorate.
(3) The verification of compliance with the obligations under Articles 5 (2) and 11 (2) shall be carried out by the customs office.
(4) Penalties for administrative offences are imposed by the authorities referred to in paragraph 1 (a) and (d) and paragraphs 2 and 3.
(5) When carrying out checks and imposing penalties, the inspection authorities shall comply with specific legislations20).
(6) A natural or legal person as an operator commits an administrative offence by:
(a) does not carry out compulsory marking under this law;
(b) allow smoking in a place where smoking is prohibited by this law or by a general decree of the municipality;
(c) sell the tobacco product, tobacco use, electronic cigarette or alcoholic beverage outside the places provided for by this Act for sale;
(d) sell a tobacco product, tobacco need, electronic cigarette or alcoholic beverage by means of a vending machine which cannot be excluded from selling to a person under 18 years of age or by any other form for which the age of the buyer cannot be verified;
(e) sell, produce or import a food product or toy imitating the shape and appearance of a tobacco product or a tobacco product or a toy imitating the shape and appearance of an alcoholic drink;
(f) does not ensure the sale of tobacco products, tobacco products or alcoholic beverages or the provision of alcoholic beverages by the person referred to in Articles 7 (2) and 11 (3);
(g) sell a tobacco product, tobacco use, electronic cigarette or alcoholic drink for an event intended for persons under the age of 18 or give an alcoholic drink for an event intended for persons under the age of 18;
(h) sell tobacco to a person under the age of 18;
(i) sell a tobacco product, electronic cigarette or alcoholic beverage to a person under the age of 18 or give an alcoholic beverage to a person under the age of 18.
(7) A medical facility providing substitution treatment shall commit an administrative offence by not reporting patients to the National Register of Users of medically indicated substitution substances, contrary to Paragraph 20 (2) (j).
(8) A fine shall be imposed for the administrative offence of:
(a) up to CZK 5,000 if it is an administrative offence referred to in paragraph 6 (a);
(b) between CZK 5,000 and CZK 10,000, if it is an administrative offence under paragraph 6 (b) and paragraph 7,
(c) 10 000 CZK to 50 000 CZK, if it is an administrative offence under paragraph 6 (c) to (h),
(d) 50 000 CZK to 500 000 CZK, if it is an administrative offence according to paragraph 6 (i).
(9) In addition, for the administrative offence referred to in points (c) to (i) of paragraph 6 and paragraph 7, an operator may be ordered to ban activities for up to 2 years.
(10) In determining the penalty, account shall be taken of the duration of the infringement, the circumstances in which the infringement took place and the consequences thereof.
(11) The infringement procedure may be initiated within 1 year of the date on which the inspection authorities became aware of the infringement, but no later than 3 years after the infringement occurred.
(12) A fine may not be imposed if a fine has been imposed under other legislation for the same conduct.
(13) Administrative delicacies proceedings shall be governed by the administrative rules.
(14) The authority which imposed the fine is collecting it. The fine is the revenue of the state budget, with the exception of the fine imposed by the municipality, which is the income of the municipal budget. The collection and enforcement of fines imposed shall be carried out in accordance with special legislation21).
(15) If several proceedings on the same administrative offence are in parallel, the proceedings shall continue and be completed by the authority which initiated the proceedings first.
20) For example, Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended, Act No. 64 / 1986 Coll., on the Czech Trade Inspection, as amended, Act No. 185 / 2004 Coll., on the Customs Administration of the Czech Republic, as amended.
21) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. '
Article 27 (26) shall be deleted;
28. the following Annex is added:
"Attachment to Act No. 379 / 2005 Coll.
Graphic marks
A. Graphic mark "Smoking forbidden" character of the custom graphic mark (Figure 1) has a rectangular shape with a width / height ratio of 3: 4, a white background, a black border and a circle with red edge, a red oblique stripe and a black burning cigarette on a white background and black printed letters "BEEPING."
Figure 1
B. The graphic mark "Smoking allowed" character of the warning graphic mark (Figure 2) has a rectangular shape with a width / height ratio of 3: 4, a white background, a black edge and a triangle with a black edge and a black cigarette burning on the yellow background and the black letters "BEEPING AUTHORIZED" and "BEEPING DIFFICULLY SCHOOL YOU I PEOPLE IN YOUR ROOM." The words "NOISE AUTHORISED" are given twice the size of the font as "NOISE SERIOUSLY TRAINING YOU AND PEOPLE IN YOUR ROOM."
Figure 2
C. Graphic mark "Building-separated spaces for smokers and non-smokers" (Figure 3), has a rectangular shape with a width / height ratio of 4: 6, a white background, a black edge and the symbols "Smoking forbidden" with a red edge circle, a red oblique stripe and a black burning cigarette on a white background and a "Smoking allowed" with a triangle with a black edge and a black burning cigarette on a yellow background, and a red brick wall symbol between them. Under both symbols are the black printed letters "STATUS DEPARTMENTS FOR CHICKS AND NON-CHICKS."
Figure 3. '
This Act shall take effect on 1 July 2010.
z.
Klaus v. r.
Fischer v. r.
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Regulation Information
| Citation | Act No. 305 / 2009 Coll., amending Act No. 379 / 2005 Coll., on measures to protect against damage caused by tobacco products, alcohol and other addictive substances and amending related laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.09.2009 |
|---|---|
| Effective from | 01.07.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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