Act of the Czech National Council No. 37 / 1989 Coll.
Act of the Czech National Council on Protection against Alcoholism and Other Toxicomanities
Valid
Effective from 01.07.1989
37
THE LAW
Czech National Council
of 28 March 1989
on protection against alcoholism and other toxic substances
The Czech National Council decided on this law:
BASIC PROVISIONS
(1) Alcoholism and other toxicomania, including smoking, are negative phenomena causing significant social damage, in particular harm to the health of citizens. All institutions and organisations, as well as citizens who sell goods or provide other services, (1) are obliged to protect citizens and society against the harmful effects of alcoholism and other toxicomanities, including smoking, to eliminate their causes and consequences and thereby create more favourable conditions for the further development of socialist society.
(2) Alcoholic drinks under this law are spirits, spirits, wine, beer and other beverages containing more than 0,75% by volume of alcohol.
(3) Other addictive substances than alcohol under this law are narcotic substances, (2) psychotropic substances (3) and other chemicals whose use may cause dependence on them, harm health and lead to toxicity other than alcoholism. Unless specifically provided otherwise in this Act, nicotine is not considered to be another substance for the purposes of this Act.
(4) Smoking is a special type of toxicomania that is harmful to the health of both smokers and non-smokers directly exposed to the effects of smoking.
(5) A person who is dependent on alcohol or other addictive substances under this law is a person who is unable to abstain permanently from excessive or otherwise harmful consumption of alcoholic beverages or other addictive substances, thereby causing a serious health disorder or seriously disrupting social relations.
INSTALLATIONS FOR PROTECTION FROM ALCOHOLISM AND OTHER TOXICOMANIEMI AND OBLIGATIONS OF ORGANISATIONS AND CITIZENS
Method of protection
Protection against alcoholism and other toxicomanities, including smoking, is carried out in particular by education, restrictive measures, treatment at an alcohol detention centre, medical preventive care, social care, imposition of fines under this law and penalties under other legislation.
Education
Education to protect against alcoholism and other toxic substances, including smoking, shall take place in particular:
(a) by clarifying the harmful effects of excessive or otherwise harmful consumption of alcoholic beverages, the use of other addictive substances and smoking;
(b) education and youth in schools and school establishments aimed at the harmful use of alcoholic beverages, other addictive substances and smoking;
(c) by explaining the principles of a healthy way of life and leading to a healthy use of leisure time for children, young people and adults;
(d) promotion of the consumption of soft drinks.
Restrictive measures
(1) It shall be prohibited to:
(a) sell or serve alcoholic beverages, or otherwise allow them to be consumed
1. persons under the age of 18,
2. in medical establishments,
3. people obviously affected by alcoholic beverages or other addictive substances,
4. persons driving motor or road non-motor vehicles and other persons referred to in Article 6 (1) for immediate consumption;
5. for sports enterprises,
6. in the case of cultural enterprises and dance entertainment intended for young people,
7. in public gatherings, cultural enterprises and dance events, except beer and wine;
8. in means intended exclusively for the national public transport of persons and in the premises related to such transport intended for passengers, including in restaurants, buffets and dining, sleeper and couchette carriages, with the exception of beer not exceeding 10 degrees,
9. in canteens, canteens and canteens and other stores in the premises of organisations except for low-grade beer;
(b) to produce domestic alcohol, spirits and other addictive substances or to modify their constituents for toxic purposes;
(c) to sell other addictive substances and products containing them outside the outlets authorised to do so, or otherwise enabling their harmful use;
(d) enter the premises and means of national public transport by persons who are clearly affected by alcoholic beverages or other addictive substances if they threaten or may threaten the safety or continuity of traffic or public policy or cause public harm;
(e) to sell tobacco to persons under the age of 18;
(f) smoke
1. in means of rail passenger transport other than reserved wagons and other national public passenger transport and in enclosed spaces related to such carriage intended for passengers,
2. at work, if smoking is likely to give rise to an immediate threat to life, health or property;
3. at meetings, meetings and meetings held in closed spaces,
4. working rooms where non-smokers are exposed to the effects of smoking;
5. in health establishments, schools, cultural and closed sports facilities, except smoking rooms reserved;
6. on the premises of mass caterers, except those reserved for smokers; where there is no separate smoking room, smoking is prohibited at the time for serving breakfast, lunch and dinner.
(2) The prohibition on the consumption of alcoholic beverages and the abuse of other narcotic drugs by workers at the workplace and at working hours and outside such workplaces is laid down in a specific regulation.4)
(3) Municipality within its own competence may, by a generally binding decree, restrict or prohibit:
(a) on certain days or hours or at certain places, the sale and supply of alcoholic beverages or tobacco products in public catering establishments, food stores or other publicly available places;
(c) the sale of other addictive substances or products is contained in stores authorised to do so by persons under the age of 18.
(1) Anyone selling or serving alcoholic beverages, other addictive substances and products containing or containing tobacco products subject to the prohibitions contained in § 4 (1) (a) (1) (e) and § 4 (3) (c) shall be obliged to refuse their submission or sale to a person who is doubtful that he fulfils the age requirement unless he proves it by official document.
(2) Legal representatives of minors and persons under the custody of minors are obliged to ensure compliance with the prohibitions on minors contained in Section 4.
(1) A person who carries out an activity in which he or she could endanger the life or health of people or harm property must not take alcoholic beverages or use other addictive substances in the course of that activity or before it is carried out if he or she is still under their influence during that activity.
(2) The person referred to in paragraph 1 shall undergo an examination at the request to determine whether he is affected by alcohol or other substance. The alcohol test shall be carried out by breath test and, if the result is positive, by medical examination, in particular by blood collection and testing. Testing for addictive substances shall be carried out by medical examination in particular by the collection and examination of urine, saliva and blood, as appropriate.
(3) If blood is to be collected for the examination, the person referred to in paragraph 1 shall be required to tolerate the removal of blood from his or her doctor or medical professional unless it is associated with a danger to his or her health.
(4) National Security Corps, the Czech Socialist Republic Correctional Education Corps, the Department of Armed Protection of Railways, the Department of Armed Airport Protection, the authorities of the Federal Ministry of National Defence and the competent authorities of the state administration or medical practitioner shall be entitled to the examination.
(5) An examination at the invitation referred to in paragraph 2 shall be made subject to a person other than that referred to in paragraph 1, where there is reason to believe that he has caused harm to himself or other health in connection with the ingestion of an alcoholic beverage or the use of another addictive substance.
(6) The obligation for workers to be subjected to an examination carried out by an organisation for which the worker is in an employment relationship or similar relationship, or by a competent authority, in order to determine whether the workers are under the influence of alcohol or other means of narcotic drugs, shall be laid down in specific provisions. 5)
Tasks of organisations
(1) Organisations shall:
(a) to take measures to protect against alcoholism and other toxic substances, including smoking, and to control their compliance;
(b) to address proposals, comments and recommendations by the authorities governing protection against alcoholism and other toxic substances, including smoking;
(c) to check compliance with the prohibitions and restrictions contained in Section 4.
(2) If not for spirit drinks, spirits, wine or beer, the production organisations are required to indicate significantly on the packaging of their products which are intended for consumption and contain more than 0,75% by volume of alcohol, information on the quantity of alcohol in the product. The packaging of tobacco products must draw attention to the harmful effects of smoking.
(3) Organisations and citizens who sell goods or provide other services, (1) to whom the prohibitions and restrictions contained in Article 4 (1) (a) (1) to (6), points (e) and (f) and (3) (a) and (c) apply, are required to draw the public's attention to them with a significant indication.
Treatment at an alcohol trap station
(1) A person who, by ingesting an alcoholic drink, has put himself into a state of public indignation or a state in which he is directly endangering himself, his family or other persons, public order or property shall be required to undergo a medical examination and, according to his conclusion, treatment at an alcohol detention centre for the period necessary to disappear from alcoholic intoxication. This person is also required to undergo a medical examination of blood collection (§ 6 (3)), to participate in education to protect against alcoholism and to pay for transport, testing and treatment costs at an alcohol detention centre.
(2) The members of the corps and the authorities referred to in Article 6 (4) and the attending physician shall be entitled to request the medical examination provided for in paragraph 1.
(3) The alcohol capture station is a regional facility on the health sector, which, as appropriate, establishes and manages the region under separate responsibility.
(4) The treatment of the person referred to in paragraph 1 shall be notified to the appropriate medical establishment by the alcohol detention centre and, if it is a person under the age of 18, to its legal representative and, where appropriate, to another person responsible for bringing him up.
(5) The transport of persons referred to in paragraph 1 to an alcoholic detention centre shall be provided by the regional authorities through the medical emergency service or transport medical services, and by medical emergency services provided that they are not provided by non-state bodies, by means of an establishment where the region is the founder, if necessary from a medical point of view, in other cases through the services of the Police of the Czech Republic, which, if necessary, cooperate in ensuring the need for treatment of these persons.
(6) The Ministry of Health and Social Affairs of the Czech Socialist Republic provides for the details of the establishment, administration and operation of, the method of testing and treatment in, the mode of transport referred to in paragraph 5, the reimbursement of the costs referred to in paragraph 1 and the notification requirement under paragraph 4.
Treatment preventive care
(1) Persons dependent on alcohol or other addictive substances, including those dependent on nicotine, shall be provided with medical preventive care in health care establishments if required by their health status.
(2) Persons dependent on alcohol or other addictive substances who voluntarily do not undergo or refuse or make the care provided difficult shall be obliged to undergo outpatient care; if such care would not be effective or prove ineffective or if those persons refuse to submit voluntarily to constitutional care, they shall be obliged to submit to constitutional care. The obligation to undergo institutional care can only be repeatedly imposed if, not for a permanent condition, treatment is unaffected.
(3) The obligation to undergo outpatient care shall be decided by the court on the initiative of persons close to or in the health care establishment where the patient is being treated.
(5) The health care establishment shall record alcohol or other addictive substances; notify the person concerned of the registration.
(6) The Ministry of Health and Social Affairs of the Czech Socialist Republic shall amend the decree to provide outpatient and constitutional care in accordance with paragraphs 1 to 5.
Social services
Persons dependent on alcohol or other addictive substances whose treatment in a healthcare facility has been discontinued and are socially unadjusted, or whose condition requires social care, shall be provided with social care under specific rules. 10)
Payment of wages or remuneration for work to another person
(1) Where a person dependent on alcohol or other addictive substances does not provide adequate nutrition for children or other persons for whom he has a maintenance obligation, the local national committee shall decide to whom the salary or other remuneration for the work or part thereof is to be paid; the local national committee shall also decide to amend or repeal such measure. Payment of sickness and pension benefits shall be subject to special rules. 11)
(2) The recipient of the wage or other remuneration for work or part thereof, sickness insurance or pension benefits as determined in accordance with paragraph 1 shall be obliged to use them only to meet the living needs of an alcoholic or other addictive substance, children and other persons for whom an alcohol or other addictive substance is required; their use shall be controlled by the local national committee which has decided in accordance with paragraph 1.
Save fines
(1) A legal person who has infringed the prohibition, restriction or obligation referred to in § 4 (1) (a), (c), (e), (f) and (g), § 4 (3) and § 7 (1) (c), paragraph 2 (3) shall be fined by the Municipal Office up to a maximum of CZK 50 000.
(2) Natural persons selling goods or providing other services, (1) who have infringed the prohibition, restriction or obligation referred to in § 4 (1) (a), (c), (e) and (f) No 6, § 4 (3) and § 7 (3), shall impose a fine of up to 5 000 CZK.
(3) The fine may be imposed within one year of the date on which the prohibition, restriction or obligation has been infringed.
(4) The imposition of a fine in accordance with paragraphs 1 and 2 shall not affect the responsibility of the organisation or its staff, as the case may be, and of the citizens selling goods or providing other services1) resulting from special provisions.
(5) The fine is the income of the municipality that imposed it.
ORGANISATION AND MANAGEMENT OF PROTECTION FROM ALCOHOLISM AND OTHER TOXIKOMANIEMI
Ministry of Health and Social Affairs of the Czech Socialist Republic
(1) Protection against alcoholism and other toxic substances including smoking is managed and coordinated by the Ministry of Health and Social Affairs of the Czech Socialist Republic. In particular:
(a) monitor and report on how the authorities and organisations perform the tasks arising from the provisions of this Act, the regulations issued for its implementation and other generally binding legislation on the protection against alcoholism and other toxic substances, including smoking, as well as the measures of the Government of the Czech Socialist Republic on this section;
(b) submit to the Government of the Czech Socialist Republic proactive proposals for the concept of developing, implementing and controlling protection against alcoholism and other toxic substances, including smoking, and comment on proposals for measures on these issues.
(2) The Ministry of Health and Social Affairs of the Czech Socialist Republic establishes as its active and advisory body in matters of protection against alcoholism and other toxicomanities, including smoking of the Association for Protection against alcoholism and other toxicomanities. Its main mission is to monitor and evaluate the protection against alcoholism and other toxicomanities, including smoking, and to provide suggestions to increase its effectiveness.
The Regional Authority shall manage and coordinate protection against alcoholism and other toxicomanities and carry out tasks in the field of state drug policy in its administrative district.
Central government bodies
In the performance of its tasks on the area of protection against alcoholism and other toxicomanities, including smoking in particular, central government authorities
(a) they shall check the compliance of the authorities and organisations which fall within their competence with the obligations under this law and with the provisions laid down for its implementation and shall derive from their non-compliance the consequences;
(b) regulate the remuneration of workers of organisations in such a way that material interests do not promote the sale of alcoholic beverages and tobacco products.
Region and municipalities
(1) Protection against alcoholism and other toxic substances, including smoking, is managed in its territorial districts by the regions and municipalities under separate jurisdiction. In doing so, it shall in particular carry out the following tasks:
(a) ensure universal public awareness of the protection against alcoholism and other toxic substances, including smoking, and effectively promote such protection and organise the widespread participation of citizens in its implementation;
(b) create conditions for the development of citizens' education for moderation and restraint in the consumption of alcoholic beverages, against abuse of other addictive substances and against smoking;
(c) monitor and evaluate the causes of phenomena that threaten the objectives of protection against alcoholism and other toxic substances, including smoking;
(d) take measures to ensure that alcoholism and other toxicomania do not interfere with family relations or healthy youth development;
(e) establish alcohol detention centres and facilities for the provision of preventive and social care to alcohol users or other addictive substances, ensure and monitor their operation and take other measures necessary to provide such care.
(f) assess the effectiveness of the imposition of fines under this law and take measures to apply sanctions consistently under other generally binding legislation;
(g) monitor and control compliance with the provisions of this law, the provisions issued for its implementation and other provisions relating to the protection against alcoholism and other toxic substances, including smoking, and take measures to address the deficiencies identified.
(2) Counties and municipalities under separate jurisdiction may establish anti-smoking advice for the health establishments they manage. The Ministry of Health and Social Affairs of the Czech Socialist Republic provides for the establishment, administration and operation of anti-smoking councils by decree.
(3) In order to coordinate and ensure their tasks in the protection against alcoholism and other toxicomanities, including smoking, the regions may establish committees or committees to protect against alcoholism and other toxicomanities.
Common and final provisions
General rules on administrative management13) do not apply to proceedings under this Act, except for Sections 9 (2), 9 (4), 9 (6) and 9 (7), 11 (1) and 12 (1) and 12 (2), provided that this law does not provide for derogations.
The powers laid down by the municipal or regional authority under this Act shall be exercised by the delegation of powers.
Repeal
It shall be repealed:
1. Sections 1 to 15 and Sections 17 and 18 of Act No. 120 / 1962 Coll., on Combating Alcoholism,
2. Paragraph 10 (4) of the ČNR Act No. 2 / 1969 Coll., on the establishment of ministries and other central government bodies of the Czech Socialist Republic, as amended by the ČNR Act No. 60 / 1988 Coll.
Efficacy
This Act shall take effect on 1 July 1989.
Kemp v. r.
Pitra v. r.
1) Decree of the Government of the Czech Socialist Republic No. 1 / 1988 Coll., on the sale of goods and the provision of other services by citizens on the basis of permission of the National Committee.
2) Annex No. 3 of the Government of the Czech Republic Decree No. 192 / 1988 Coll., on poisons and certain other harmful health substances.
3) Annex No. 4 of the Government of the Czech Republic Decree No. 192 / 1988 Coll.
4) Paragraph 135 (2) (b) of the Labour Code. § 34 of Decree of the Government of the Czechoslovak Socialist Republic No. 223 / 1988 Coll., implementing the Labour Code.
5) Paragraph 135 (2) (g) of the Labour Code.
6) Articles 37 (1) and 16 (2) of Act No. 40 / 1974 Coll., on the National Security Corps.
7) Section 116 of the Civil Code.
8) § 77 of Act No. 20 / 1966 Coll., on the care of the health of the people.
9) Paragraph 77 (3) of Act No. 20 / 1966 Coll.
10) Act No. 100 / 1988 Coll., on Social Security. Decree No. 149 / 1988 Coll., implementing the Social Security Act. Act No. 114 / 1988 Coll., on the Jurisdiction of the Bodies of the Czech Socialist Republic in Social Security. Decree of the Ministry of Health and Social Affairs of the Czech Republic No. 152 / 1988 Coll., implementing the Act on Social Security and the Act of the Czech National Council on the Jurisdiction of Bodies of the Czech Socialist Republic in Social Security.
11) Article 45 (3) of Act No. 54 / 1956 Coll., on the sickness insurance of employees. § 93 of Act No. 103 / 1964 Coll., on sickness insurance of cooperative peasants. Section 102 of Act No. 100 / 1988 Coll. Act No. 117 / 1966 Coll., on certain consequences of neglect of childcare, as amended.
12) Paragraph 65 (1) of Act No. 69 / 1967 Coll., on National Committees, as amended (full version No. 140 / 1988 Coll.).
13) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act of the Czech National Council No. 37 / 1989 Coll., on Protection against Alcoholism and Other Toxicomanias |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.04.1989 |
|---|---|
| Effective from | 01.07.1989 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0