Act No. 379 / 2005 Coll.
Law on measures to protect against damage caused by tobacco products, alcohol and other addictive substances and on the amendment of related laws
Valid
Law
Effective from 01.01.2006
Zobrazeno prvních 200 z celkem 338 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
379
THE LAW
of 19 August 2005
on measures to protect against damage caused by tobacco products, alcohol and other addictive substances and amending related laws
Parliament has decided on this law of the Czech Republic:
PROTECTED FROM INCLUDED TOBACCO PRODUCTS, ALCOHOLES AND OTHER INDUSTRIAL PRODUCTS
GENERAL PROVISIONS
That law provides
(a) measures aimed at protecting against health damage caused by tobacco products, alcohol and other addictions2);
(b) measures restricting the availability of tobacco products and alcohol;
(c) the responsibilities of the administrative and local authorities in the development and implementation of protection programmes against damage caused by the use of tobacco products, alcohol and other addictive substances.
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.
LIMITATION OF ACCESS TO TOBACCO PRODUCTS AND PROHIBITION OF SUGAR
Tobacco products, tobacco products and electronic cigarettes may only be sold in shops under special legislation (3), at a dedicated location, at stands for sale of daily and periodical printing, at joint catering facilities operated on the basis of innkeeper activity (5) or in accommodation facilities, with the exception of accommodation facilities for children and youth accommodation (7). Further restrictions and prohibitions on the sale of tobacco products and tobacco needs8).
Prohibitions and restrictions on the sale of tobacco products and obligations of persons selling tobacco products
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.
(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 shall be prohibited.
(1) The sale of tobacco products, tobacco supplies and electronic cigarettes to persons under the age of 18 shall be prohibited.
(2) The sale of tobacco products, tobacco products and electronic cigarettes at cultural, social and sporting events intended for persons under the age of 18 is prohibited.
(1) The operator shall place at the point of sale of tobacco products, tobacco products and electronic cigarettes for the buyer a clearly visible text prohibiting the sale of tobacco products to persons under the age of 18; the text must be obtained in the Czech language in black letters on a white background, with a font size of not less than 5 cm.
(2) A person selling tobacco products, tobacco products and electronic cigarettes must be over 18 years of age unless he is a student constantly preparing for a future occupation in the fields of hotels and tourism, a cook-waiter and a salesman.
No smoking
(1) Smoking is prohibited
(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,
(b) in the external and internal premises of all types of schools and school facilities (7), as well as in the internal premises where the childcare service is provided in the children's group;
(c) within the premises of non-smoking establishments and within the premises reserved for non-smokers in facilities with restricted premises;
(d) in closed entertainment areas such as cinemas, theatres, exhibition and concert halls, in sports halls and in areas where working meetings are organised, except for special, building-separated smoking areas reserved for the provision of adequate ventilation in accordance with the requirements laid down in specific legislation4);
(e) within the premises of health care facilities of all types, except closed psychiatric departments or other addictions treatment facilities, in which smoking is permitted only on premises separated by construction, for smoking reserved for smoking and for the residence of persons permanently ventilated to premises outside the building;
(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.
(3) In the case of entry into a mass caterer operated on the basis of innkeeper activity (5), its operator is required to indicate visibly, in order to ensure that persons are informed before entering the establishment, whether:
(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.
(4) Smoking and restricted smoking facilities must have adequate ventilation in accordance with the requirements laid down in specific legislation4). The premises with reserved spaces shall have spaces in which smoking is permitted, separated by construction from those in which smoking is prohibited.
(1) Where smoking is prohibited, their operator is required to mark 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.
(2) If a person does not comply with the smoking ban at the places referred to in § 8 (1) and (2), even after the invitation of the operator not to continue or leave the premises, the operator is entitled to ask the municipal police or the police of the Czech Republic for action to comply with the ban.
A municipality of a separate jurisdiction 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.
LIMITATION OF ALCOHOLIC BUSINESS APPROACH
Conditions for the sale and supply of alcoholic beverages
(1) Alcoholic drinks may only be sold:
(a) specialised liquor stores;
(b) in specialised departments of large-scale stores for the sale of alcoholic beverages, food stores and mixed stores; or
(c) joint catering facilities operated on the basis of innkeeper activities, accommodation facilities and cultural facilities, with the exception of facilities intended for persons under the age of 18.
(2) Paragraph 1 shall not apply to the occasional sale of distributed alcoholic beverages at festivities, traditional events, annual markets and similar events.
Sales and import restrictions
(1) The sale and production of toys imitating the shape and appearance of alcoholic beverages is prohibited.
(2) Imports of toys imitating the shape and appearance of alcoholic beverages shall be prohibited.
(3) The person selling or serving alcohol must be over 18 years of age unless he is a student constantly preparing for a future occupation in the fields of hotel and tourism, a cook-waiter and a salesman.
Prohibition on the sale or supply of alcoholic beverages and obligations of persons selling alcoholic beverages
(1) It is prohibited to sell or serve alcoholic beverages
(a) persons under the age of 18;
(b) at all events for persons under the age of 18;
(c) persons obviously affected by alcoholic beverages or other addictive substances,
(d) health care establishments;
(e) means exclusively intended for the national public transport of persons, except railway food wagons, aircraft decks and designated areas of public transport vessels;
(f) sports events, with the exception of tap beer with an extract of the original youth up to 10% by weight;
(g) in all types of schools and schools (7).
(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.
(3) Further restrictions and prohibitions on the sale of spirit drinks are laid down in specific legislation8).
In the case of cultural, social or sporting events open to the public with a reasonable risk of an increase in problems and negative social phenomena caused by acts of natural persons under the influence of alcohol, a generally binding decree may restrict or prohibit the sale, administration and consumption of alcoholic beverages in certain days or hours or places.
The operator is obliged to place at the point of sale of alcoholic beverages for the buyer a clearly visible text of the prohibition on sale to persons under 18 years of age. The text must be taken in the Czech language in black letters on a white background with a font size of not less than 5 cm.
MEASURES FOR PRELIMINATION AND PEACE OF SCHEDULE BY TOBACCO PRODUCTS, ALCOHOLES AND OTHER INDIVIDUAL PRODUCTS
Entry ban for persons who are manifestly under the influence of alcohol or other addictive substances
Persons who are manifestly under the influence of alcohol or other addictive substances (2) and are in a state in which they are directly endangering themselves or others, public policy or property shall be prohibited from entering the
(a) any public space where they could cause harm to themselves or to other persons or cause public harm;
(b) any means of public transport;
(c) public premises of public transport-related buildings;
(d) shelters for public road and rail transport and urban public transport,
(e) the space where sport events take place; the organizer of the sporting event is obliged to ensure that such persons are prevented from entering,
(f) all premises where the childcare service is provided in the child group.
Examination of the presence of alcohol or other addictive substances
(1) A person who carries out an activity in which he or she could endanger the life or health of his or her or other persons, or harm property, must not consume alcoholic beverages or use other addictive substances in the exercise of that activity or before it is carried out.
(2) An indicative examination and expert medical examination of the alcohol content must be submitted to a person who can reasonably be considered to be carrying out the activities referred to in paragraph 1 under the influence of alcohol, and to a person who is suspected to have caused other health harm in connection with the consumption of alcoholic beverages. If an indicative examination of the alcoholic strength in the breath test is carried out by an alcohol analyser in the breath meeting the conditions laid down in the specific legislation9a), a professional medical examination shall not be carried out. Where a person rejects this method of indicative examination, a medical professional examination shall be carried out.
(3) An indicative examination and expert medical examination of the content of a substance other than alcohol must be submitted to a person who can reasonably be considered to be carrying out the activities referred to in paragraph 1 under the influence of another substance and to a person who is suspected to have caused other health harm in relation to the use of another substance.
(4) A member of the Police of the Czech Republic, a member of the Military Police, a member of the Prison Service of the Czech Republic, a member of the Czech Republic, an employer, his attending physician, an officer of the municipal police or a person responsible for the control of persons carrying out an activity in which the life or health of their own or other persons could be compromised or damaged by property shall be entitled to request the person referred to in paragraphs 1 to 3.
(5) An indicative examination is carried out by the Police Department of the Czech Republic, the Military Police Service, the Prison Service of the Czech Republic, a person responsible for the control of persons carrying out an activity in which they could endanger the life or health of their own or other persons or damage property, employer, attending doctor or municipal police. The medical professional examination shall be carried out by the health service provider who is competent and competent to do so. Where a person refuses the examinations referred to in paragraphs 1 to 3 in accordance with paragraphs 2 and 3, he shall be regarded as being under the influence of alcohol or other addictive substances.
(6) The health service provider shall provide the bodies referred to in paragraph 4 with the necessary assistance by carrying out the collection of biological material, professionally and operationally competent.
(7) The health service provider shall communicate the results of the examinations to the bodies referred to in paragraph 4 upon request. This does not apply if the patient is tested for alcohol or other addictive substances in the body only in connection with the provided health care for differential diagnosis.
(8) The examination of biological material and transport to a medical establishment for the purpose of carrying out a medical examination shall be borne by the person under investigation where evidence of alcohol or other addictive substances other than alcohol is found. Where the presence of alcohol or other addictive substances is not demonstrated, the costs referred to in the first sentence shall be borne by the person who, in accordance with paragraph 4, has called for the examination, except in cases of differential diagnosis covered by public health insurance under special legislation10).
(9) The person who has requested the examination referred to in paragraph 4 shall be responsible for the transport of persons to the healthcare establishment.
Treatment at an alcohol and toxic detention centre
(1) An anti-alcoholic and anti-toxic detention centre (hereinafter referred to as the "detention centre") is a health establishment which establishes a self-governing unit within its own jurisdiction which can also provide the provision of health services by contract within that establishment, in such a way that a detention service is provided throughout its territory.
(2) If the health service provider finds that the treated person is not at risk for life by failure of essential functions but does not control his behaviour under the influence of alcohol or other addictive substances, thereby immediately endangering himself or other persons, public policy or property, or is in a state of public degradation, that person shall be required to undergo treatment and stay at the detention centre for as long as necessary to remove acute intoxication.
(3) The person who invited the examination referred to in Article 16 (4) shall be responsible for the transport of persons to the detention centre.
(4) The transport, examination, treatment and subsequent stay at the detention centre shall be reimbursed where evidence of alcohol or other addictive substances is found, by the person treated. Where the presence of alcohol or other addictive substances is not demonstrated, the costs shall be borne by the person who, pursuant to Article 16 (4), has called for the examination, except in cases of differential diagnosis covered by public health insurance under special legislation.
(5) Treatment of a person admitted to the detention centre shall be notified by the detention centre to its registered health service provider in the field of general medical practice. If a person is under 18 years old, this shall also be notified to his legal representative or to another person responsible for raising him. At the time of admission of a person under 18 years of age, this fact shall also be notified to the Social Protection Authority. If he is a person with limited legal capacity or deprived of legal capacity, that fact shall be notified to the guardian designated by the Court (11).
Preventive measures
Implementation of preventive measures shall be coordinated by the government, financially and organisationally
(a) the Government;
(b) the Ministry of Health, in relation to primary, secondary and tertiary prevention measures;
(c) Ministry of Education, Youth and Sports, where primary prevention measures are implemented under minimum preventive programmes and educational care for persons under 18 and users of tobacco products, alcohol and other addictive substances under 18;
d) Ministry of the Interior, if it is a measure of primary, secondary and tertiary prevention for members of the Police of the Czech Republic and pupils of police schools,
e) Ministry of Defence, if it is a measure of primary, secondary and tertiary prevention for members of the Czech Army,
(f) Ministry of Labour and Social Affairs, if it is a primary, secondary and tertiary prevention measure for social welfare;
(g) the Ministry of Justice, if it is a measure of primary, secondary and tertiary prevention for persons in custody and the execution of prison sentences.
Short intervention
Health workers 12) are obliged to carry out a short intervention involving early diagnosis of harmful use in the pursuit of their profession of tobacco products, alcohol or other addictive substances.
Types of professional care provided to or dependent on tobacco products, alcohol or other addictive substances
(1) Persons harming tobacco products, alcohol or other addictive substances and those dependent on them shall be provided with professional care aimed at mitigating health damage caused by tobacco products, alcohol and other addictive substances. Such professional care shall be provided by the health service provider (13), social services facilities and, where appropriate, other facilities set up for this purpose.
(2) The types of professional care for persons dependent on tobacco products, alcohol or other addictive substances are:
(a) acute bed care, which is diagnostic and medical care provided to patients who have put alcohol or other addictive substances into a condition in which they are immediately at risk for health or, where appropriate, threaten themselves or their surroundings;
(b) detoxification by the provider of outpatient and bedside care,
(c) field programmes, which are social services and health education programmes for problem users of other addicts and dependants;
(d) contact and advisory services;
(e) outpatient treatment of dependence on tobacco products, alcohol and other addictive substances;
(f) stationary programmes providing non-bulk daily treatment to problem users and alcohol-dependent and other addictive substances, the condition of which requires regular care without the need to exclude them from their environment;
(g) short-term and medium-term provision of bed care, which is the treatment of problem users and alcohol-dependent and other addictive substances in bed-care health care facilities in the normal range of 5 to 14 weeks;
(h) residential care in the therapeutic communities, which is a treatment and resocialisation programme in hospital and non-healthcare institutions in the normal range of 6 to 15 months;
(i) follow-up programmes provided by health service providers and other facilities; contain a set of services that follow the end of the primary treatment and help create conditions to maintain abstinence,
(j) substitution treatment, which is the short-term or long-term treatment of addiction to addictive substances consisting of the administration or prescription of substances replacing the original substance, is carried out in medical outpatient services under the guidance of a doctor; health service providers providing substitution treatment are required to report patients to the National Register of Treatment of Drug Users established by the Health Services Act.
(3) The technical, organisational and personnel conditions for the provision of the types of professional care referred to in paragraph 2 (a), (b), (e), (f), (g), (h), (i) and (j) shall be laid down by the Ministry of Health by decree and shall check compliance with them.
ORGANISATION AND IMPLEMENTATION OF THE AGRICULTURE POLICY
State authorities
(1) The implementation of drug policy is ensured and coordinated by the government through ministries and other central government bodies, as is apparent from their competence under the specific legislation15). Comprehensive preventive measures in the field of drug policy are implemented in particular:
(a) the Ministry of Health, where measures are taken to prevent primary, secondary and tertiary health damage caused by the use of tobacco products, alcohol and other addictive substances;
(b) Ministry of Labour and Social Affairs in the field of social services, including measures to prevent social damage caused by the use of tobacco products, alcohol and other addictive substances,
(c) Ministry of Education, Youth and Sports in the field of primary prevention in schools and schools, in the treatment of children and adolescents under 18 and users of addictive substances under 18.
(2) In order to coordinate drug policy, the Government may set up a special advisory body and, where appropriate, entrust it with the direct execution of certain activities.
(3) The authorities referred to in paragraphs 1 and 2 shall participate in the financing of drug policy programmes and shall control the efficient use of funds from the state budget. In doing so, it follows the National Strategy for Drugs Policy, approved by the Government. The national drug policy strategy shall be presented by an authorised member of the government.
Territorial self-governing units
(1) Region under separate scope
(a) coordinate and participate in the implementation of drug policy on its territory, to this end cooperating with public authorities, municipal authorities and drug policy service providers;
(b) in cooperation with the state authorities and the authorities of the municipalities, develop the regional strategy for drug policy;
(c) participate in and monitor the effective use of drug policy programmes;
(d) establish the role of regional drug coordinator in order to coordinate drug policy on its territory;
(e) establish its initiative or advisory body in the field of drug policy in accordance with specific legislation16;
(f) provide detention services in its territory as required; to that end, establish or establish detention centres if they cannot provide the service by detention centres operated by other legal persons or natural persons;
(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;
(h) it shall concentrate and evaluate annually the situation concerning damage caused by tobacco products, alcohol and other addictive substances in its territory.
(2) Municipality under separate scope
(a) participate in the implementation of drug policy in its territory, to this end cooperating with state authorities, regional authorities and drug policy service providers;
(b) where necessary and in cooperation with the authorities of the region, process and adopt a local drug policy plan approved by the municipality's representative;
(c) participate, where necessary, in the financing of drug policy programmes and check the effective use of such funds;
(d) establish, where necessary, the role of local drug coordinator and, where appropriate, special initiative or advisory body in order to coordinate drug policy on its territory;
(e) it is entitled to establish, establish or participate in the financing of detention centres.
(3) Municipality may conclude a contract for the joint pursuit of certain activities under paragraph 218.
(4) The municipality of delegated jurisdiction shall monitor compliance with the provisions of this law and other provisions relating to the protection against damage caused by tobacco products, alcohol and other addictive substances, shall take measures to address the deficiencies identified and shall draw upon the consequences, in particular penalties.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | 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 |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.10.2005 |
|---|---|
| Effective from | 01.01.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0