Decree No 344 / 2003 Coll.
Order laying down requirements for tobacco products
Valid
Order
Effective from 01.05.2004
Zobrazeno prvních 200 z celkem 614 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
344
DECLARATION
of 30 September 2003
laying down requirements for tobacco products
According to Article 18 (a), (d), (j), (k), (l) and (m) of Act No. 110 / 1997 Coll., on foodstuffs and tobacco products and amending and supplementing certain related laws, as amended by Act No. 306 / 2000 Coll. and Act No. 146 / 2002 Coll., (hereinafter "the Act '), in accordance with European Community law, 1) for tobacco products:
Basic concepts
For the purposes of this decree:
(a) tobacco product - a product intended for smoking, snorting, sucking or chewing if it is made wholly or partly from tobacco, including genetically modified tobacco;
(b) by a cigarette - a tobacco roll which:
1. may be smoked as such and which is not a cigar as referred to in (c) or a cigarillo as referred to in (d);
2. insert a simple non-industrial handling into a cigarette paper cavity; or
3. is wrapped in cigarette paper by simple non-industrial handling,
(c) cigar - tobacco roll which can be smoked as such and which
1. contains only natural tobacco;
2. has a cover sheet of natural tobacco,
3. Includes tobacco filling, a cover sheet in the normal colour of a cigar covering the whole product, including any filter but not covering the mouthpiece in the case of mouthpiece cigars, and a binding sheet, both of which are of reconstituted tobacco, the unit weight of which is at least 1,2 g without filter or mouthpiece and the cover sheet is wound in the shape of a spiral at a sharp angle of not less than 30 ° to the longitudinal axis of the tobacco roll; or
4. Includes tobacco filling, a cover sheet in the normal colour of a cigar made of reconstituted tobacco covering the whole tobacco product, including any filter but not covering the mouthpiece in the case of mouthpiece cigars, the unit weight of which is not less than 2,3 g without filter or mouthpiece, and the outer circumference of at least one third of the length of the tobacco roll shall be at least 34 mm,
(d) cigarillem - cigar weighing not more than 3 g,
(e) tobacco for smoking
1. tobacco cut or otherwise cut, twisted, crushed or pressed into blocks and suitable for smoking without further processing;
2. tobacco waste prepared for consumers, (2) which does not fall within points (b), (c) and (d) and which is suitable for smoking;
(f) other tobacco - a tobacco product not falling within point (e) is modified for consumers and intended for purposes other than smoking;
(g) cigarette, cigar, cigarette, tobacco for smoking or other tobacco - tobacco containing in whole or in part constituents other than tobacco, provided that they meet the other requirements of (b), (c), (d), (e) or (f);
(h) fine-cut cigarette tobacco - smoking tobacco containing more than 25% by weight of tobacco particles of less than 1 mm of the total weight of all tobacco particles;
(i) smoke and smoke tobacco - smoking tobacco containing more than 75% by weight of tobacco particles of more than 1 mm;
(j) snuff - powder or granulated tobacco prepared for snorting or nasal application of a plant of the species Nicotiana rustica,
(k) chewing tobacco - tobacco in rolls, rolls, strips, cubes or slices prepared for chewing,
(l) oral tobacco - a tobacco product intended for oral use other than those intended for smoking or chewing, manufactured in whole or in part from tobacco, powder or in the form of fine grain granules or in any combination of these forms, in particular in individual sachets or porous sachets or in a form resembling a food product, 3)
(m) reconstituted tobacco - tobacco foil produced by assembling finely fragmented tobacco, tobacco waste and tobacco powder,
(n) raw tobacco - naturally or artificially dried tobacco leaves of plants of the species Nicotiana tabacum and other parts thereof, intended for industrial processing,
(o) ingredient - any substance or component thereof, with the exception of a tobacco leaf and other natural or unprocessed parts of a tobacco plant, used in the manufacture or preparation of a tobacco product and still present in the final tobacco product in the modified form, including paper, filter, inks or adhesives,
(p) artificial packaging material - reconstituted tobacco, which replaces the cover tobacco or binding sheet for cigars and cigarillos,
(q) filter - part of cigarettes, cigars or cigarillos intended to reduce the content of harmful substances in the smoke that passes through the filter,
(r) mouthpiece - a component firmly linked to cigarettes, cigars or cigarillos which comes into direct contact with the mouth during smoking,
s) mouthpiece paper - paper which is wrapped around the filter and thus attached to the end of the cigarette bar,
(t) packaging paper - packaging containing the filter material,
(u) cigarette paper - special paper intended for industrial production and hand-wrapping of cigarettes,
(v) tar - crude, anhydrous and nicotine-free smoke condensate,
w) nicotine-nicotine alkaloids,
(x) carbon monoxide - a colourless gas with no odour and no odour resulting from the imperfect combustion of organic substances and contained in the gaseous phase of cigarette smoke.
Type of tobacco products and their breakdown into groups and sub-groups
[K § 18 (d) of the Act]
The types of tobacco products and their breakdown into groups and sub-groups are set out in Annex 1.
Method of labelling tobacco products
[K § 18 (a) of the Act]
Labelling of tobacco packaging
(1) In addition to the data provided for in the Act and in the Specific Legislation (4), additional labelling requirements for tobacco packaging are set out in paragraphs 2 to 8 and in Sections 4 and 5.
(2) The tobacco product is identified by the name of the species.
(3) Tobacco and tobacco for smoking shall be marked with the name of the group.
(4) In the case of cigarettes, information on the contents shall be provided on the packaging intended for the consumer
(a) tar, as follows: "Tar: x mg / cig."
(b) nicotine as follows: "Nicotine: y mg / cig.," and
(c) carbon monoxide, as follows: "Carbon monoxide: z mg / cig."
(5) The indication of the tar content and the indication of the carbon monoxide content should be given in whole numbers, the indication of the nicotine content should be given in one decimal place.
(6) For cigarettes, cigars and cigarillos, the number of packages should be indicated.
(7) For tobacco products other than tobacco products referred to in paragraph 6, the quantity in grams shall be indicated.
(8) The packaging of tobacco products intended for consumers shall not contain texts, names, trade marks and image or other statements indicating that a particular tobacco product is less harmful than any other tobacco product; This shall be without prejudice to the provisions of paragraph 4.
Warning on tobacco packaging intended for smoking
(1) For tobacco products intended for smoking, one general warning (paragraph 2) and one additional warning (paragraph 3) must appear on consumer packages.
(2) The general warning is:
(a) "Smoking may kill," or
(b) "Smoking is seriously harmful to you and to people around you";
the warnings referred to in point (a) or (b) shall be amended to ensure their regular occurrence.
(3) The additional warning is:
(a) "Smokers die prematurely,"
(b) "Smoking clogs arteries and causes a heart attack and stroke,"
(c) "Smoking causes fatal lung cancer,"
(d) "Smoking in pregnancy is harmful to the health of your child,"
(e) "Protect children: do not force them to inhale your smoke,"
(f) "Your doctor or pharmacist may help you to stop smoking,"
g) "Smoking is highly addictive, don't start with it,"
(h) "Stop smoking means reduce the risk of fatal heart and lung disease,"
(i) "Smoking can cause slow and painful death,"
(j) "Ask for assistance in smoking cessation: consult your doctor or pharmacist,"
(k) "Smoking may slow down blood circulation and cause infertility,"
(l) "Smoking causes skin aging,"
(m) "Smoking may damage sperm and reduce fertility"; or
(n) "Smoke contains benzene, nitrosamines, formaldehyde and hydrogen cyanide";
the warnings referred to in points (a) to (n) shall be amended to ensure their regular occurrence.
Warning on non-smoking tobacco packaging
For non-smoking tobacco products, the warning shall be provided on consumer packaging: "This tobacco product may harm your health and is addictive '.
(1) Any warning referred to in Sections 4 and 5 must be given by the following text: "The Ministry of Health warns:."
(2) The introductory wording referred to in paragraph 1 shall be omitted from the edge of the lining warnings referred to in paragraphs 4 and 5.
Technical requirements relating to the labelling of tobacco products
[K § 18 (j) of the Act]
(1) The general warning referred to in Article 4 (2) and the warning referred to in Article 5 shall be printed on the most visible side of the individual packaging and on any outer packaging (5) intended for consumers, except for other transparent packaging which allows the consumer to read the warning. The additional warning referred to in Section 4 (3) shall be printed on the second most visible side of the individual package.
(2) The general warning referred to in § 4 (2) and the warning referred to in § 5 must cover at least 30% of the outer surface of that side of the individual package of tobacco product on which it is printed.
(3) The additional warning referred to in Paragraph 4 (3) shall cover at least 40% of the outside surface of the individual packaging of the tobacco product on which it is printed.
(4) The particulars referred to in Article 3 (4) shall appear on the side of the packaging of cigarettes intended for consumers so that this information covers at least 10% of the area concerned.
(5) In the case of individually packed cigarettes, the particulars referred to in Article 3 (4) shall be indicated on the packaging intended for the consumer so that this information covers at least 10% of the total packaging area.
(6) In the case of individual packages intended for tobacco products other than cigarettes whose best visible surface exceeds 75 cm2, the warnings referred to in Section 4 shall cover an area of at least 22,5 cm2 on each side of each package of tobacco product on which they are printed.
(7) In the case of tobacco products, the packaging intended for the consumer shall bear an appropriate batch number or equivalent indication enabling the place and time of manufacture to be determined so that the tobacco product can be clearly identified and traced.
(1) The information referred to in § 3 (4) and the warnings referred to in § 4 and 5 must be:
(a) printed in black, in bold, of the "Helvetica" type on a white background; point font size shall be such that the inscription takes up as much of the area reserved for the required warning;
(b) indicated in small letters, with the exception of the first letter and where the language rules so require;
(c) placed at the centre on the surface on which they are to be printed and parallel to the upper edge of the packaging;
(d) in the case of tobacco products intended for smoking, lined with a black margin of 3 to 4 mm, which shall in no way interfere with the text of the warning or the particulars referred to in Article 3 (4).
(2) Data referred to in § 3 (4) and warnings referred to in § 4 and 5:
(a) must be printed indelibly and indelibly,
(b) may not be printed on a tobacco sticker, 6)
(c) they shall in no way be hidden, blurred or disturbed by any other written or visual communication or opening of the packaging.
(3) In the case of tobacco products other than cigarettes, warnings may be affixed to the packaging by means of labels, provided that such labels are unremovable.
Requirements for the quality and putting into circulation of tobacco products
[K § 18 (k), (l) and (m) of the Act]
(1) The tar content of cigarettes put into circulation must not exceed 10 mg per cigarette.
(2) The nicotine content of cigarettes put into circulation must not exceed 1 mg per cigarette.
(3) The carbon monoxide content of cigarettes put into circulation must not exceed 10 mg per cigarette.
(4) The content of tar, nicotine and carbon monoxide in cigarettes is determined and the accuracy of the data on the level of tar, nicotine and carbon monoxide on the packaging of cigarettes is assessed in accordance with specific legislation. 7)
The list of ingredients authorised to be used in the manufacture of tobacco products is set out in Annex 2.
The list of ingredients prohibited from use in the manufacture of tobacco products is set out in Annex 3.
Tobacco products must be stored and transported when put into circulation in dry, clean and well-ventilated areas, free of pests and separately from substances with distinctive odours and odours.
Transitional, cancelling and closing provisions
Transitional provisions
(1) Cigarettes which do not comply with the requirements of this Decree may be offered for sale and sold for sale until 1 May 2005 at the latest if the tar content is not more than 12 mg per cigarette.
(2) Cigarettes intended for export which do not comply with the requirements set out in paragraphs 1 to 3 of Article 9 may be manufactured until 1 January 2007 at the latest.
(3) Tobacco products, other than cigarettes, labelled in accordance with existing legislation may be put into circulation until 1 May 2006 at the latest.
Repeal
Decree No. 325 / 1997 Coll., implementing § 18 (a), (d), (j), (k), (l) and (m) of Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, for tobacco products, is hereby repealed.
Efficacy
This Decree shall take effect on 1 May 2004.
Minister:
Ing. Palas v. r.
Příloha č. 1
Annex No 1 to Decree No 344 / 2003 Coll.
SPECIES OF TOBACCO PRODUCTS AND THEIR MEMBERS ON GROUPS AND GROUPS
Table
| Druh | Skupina | Podskupina |
|---|---|---|
| tabák | dýmkový a lulkový tabákový odpad | |
| tabák šňupavý tabák žvýkací tabák orální tabák ostatní |
Příloha č. 2
Annex No 2 to Decree No 344 / 2003 Coll.
LIST OF CONTRACTS TO BE USED FOR THE PRODUCTION OF TOBACCO PRODUCTS
1. Ingredients authorised in the manufacture of tobacco products
(a) Flavouring and flavourings of natural origin or naturally identical.
(b) Artificial sweeteners and starch substances authorised for use in the manufacture of foodstuffs under specific legislation. 8)
(c) These other substances
cellulose acetate, cellulose acetate propionate, cellulose fibre and α-alkanoyl canoates,
agar (Gelidium spp.) (E 406);
2-phenyl-1,1-dimethylethyl acetate,
2-phenyl-1,1-dimethylethyl butyrate,
isomethyl-α-ionone,
sodium alginate (E 401), sodium bicarbonate (E 500), sodium hydrogen sulphate, sodium carbonate (E 500), sodium citrate (E 331) and sodium phosphate (E 339),
allyl-α-ionone,
Arabic rubber (Acacia senegal) (E 414),
benzoin,
Ethyl 2-naphthyl ether;
methyl (2-naphthyl) ketone,
butyl undec-10-enoate,
citronelyl isobutyrate,
food sugars, including caramel (E 150), invert sugar, galactose, lactose, mannose and maltose,
tea and tea products,
dextrine (E 1400);
Diethyl sebacate;
2-methyl-5,7-dihydrothieno [3,4-d] pyrimidine,
ethylmaltol (E 637);
ethyl (3-methyl-3-phenylglycidate),
ethylvanillin,
2- (3-phenylpropyl) tetrahydrofuran,
swelled (gelatinised) starch, acid hydrolysed starch (E 1401), including dextrins, oxidised (E 1404) and phosphorous starches (E 1412, E 1413, E 1414),
Geranylphenylacetate,
Guar clover (Cyamopsis tetragonoloba) (E 412);
ammonium hydrogen phosphate,
hydroxycitronelal,
potassium chloride or sodium chloride (E 508);
infusory earth (quartz),
1-phenyl-4-methylpentan-2-ol,
cocoa and cocoa products,
Liquid paraffin BP (E 905);
spices,
boric acid and its sodium or potassium salts (E 284);
silicon acid (E 551);
Pent-4-enoic acid,
substances which are natural components of raw tobacco,
methyl (2-naphthyl) ether
methyl oct-2-ynoate,
1-phenyl-4-methylpentan-2-one,
3- (4-isopropylphenyl) -2-methylpropanal,
4-phenyl-2-methylbutanal,
methyl-α-ionone,
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No 344 / 2003 Coll., laying down requirements for tobacco products |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.10.2003 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0