What is Act No. 65 / 2017 Coll.?

Act No. 65 / 2017 Coll., on the protection of health against harmful effects of addictive substances — Law on the protection of health against harmful effects of addictive substances.

When it became Act No. 65 / 2017 Coll. effectiveness?

Act No. 65 / 2017 Coll. became effective 31.05.2017.

Is Act No. 65 / 2017 Coll. still valid?

Yes, Act No. 65 / 2017 Coll. is still valid and effective.

Act No. 65 / 2017 Coll. - Law on the protection of health against...

65

THE LAW

of 19 January 2017

on the protection of health against harmful effects of addicts

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

HEALTH PROTECTION BEFORE THE SCHEDULE OF THE SUPPLIES

HLAVA I

GENERAL PROVISIONS

§ 1

Subject matter

The Act provides for measures to protect against the harm caused by the use of addictive substances and the competence of administrative authorities and local authorities in the adoption and implementation of measures under this Act.

§ 2

Definition of terms

For the purposes of this Act:

(a) an addictive substance alcohol, tobacco, nicotine, narcotic and psychotropic substances, psychomodulatory substances, classified psychoactive substances and other substances with psychoactive effects, the use of which may or may contribute to the development and development of mental and behavioural disorders;

(b) a tobacco product which may be used and contains, even in part, tobacco, whether genetically modified or not;

(c) a smoking aid intended or usually used for smoking, inhaling, snorting, sucking or chewing tobacco or smoking herbal products intended for smoking, with the exception of matches, lighters, ashtrays and appliances which are mainly intended for the function of an artistic object or for decoration;

(d) an herbal product intended for smoking, a product the basis of which is plants, herbs or fruit and which does not contain any tobacco, may be used by inhalation by mouth or nose, and its use involves progressive incineration;

(e) by electronic cigarette, a product which may be used for the use of fumes containing nicotine or other fumes by means of mouthpiece, or any part of it, including spare filler, container, tank or container; electronic cigarettes may be disposable, refillable by means of a spare refill or tank or re-usable by means of disposable containers;

(f) an alcoholic beverage containing more than 0,5% by volume of ethanol,

(g) a sales establishment designated under the construction law for the sale of goods or services;

(h) by a stand, the space enclosed by a fixed or portable structure, counter or table where goods are sold or services are provided;

(i) catering services for food business premises (1), in which a food service is operated involving the provision of food intended for direct consumption in that establishment;

(j) the internal space of the interior of the building pursuant to Paragraph 2 (3) of the Building Act, with the exception of temporary structures;

(k) cross-border distance selling to the consumer by means of distance communication, where the consumer is in a Member State of the European Union or in a Contracting State of the Agreement on the European Economic Area and the seat, central administration or place of business of the operator is in another Member State of the European Union or a Contracting State of the Agreement on the European Economic Area or in a third country;

(l) imports of goods into the tax territory of the European Union under the Excise Tax Act, where such goods are not placed under a suspensive procedure on entry into the tax territory of the European Union, and the release of goods under a suspensive procedure;

(m) an indicative examination of the breath test or of the saliva or skin or mucous membranes, including their collection, to determine the alcoholic strength or other addictive substance in the body; Guidance examination also means a urine examination by a member or civil servant of the Czech Prison Service ("Prison Service ') or an official of the Probation and Mediation Service,

(n) expert medical examination of targeted clinical examination by a physician, including the collection of biological material;

(o) taking biological material by sampling of venous blood, urine, saliva, hair or skin or mucous membranes, with the exception of taking biological material for indicative testing;

(p) a platform for premises intended for the taking and leaving of persons by means of public road and rail transport; If the definition of a platform space is not obvious or if such space is not otherwise defined by the visible marking, a public space of 5 m width and 30 m length before and 5 m shall be considered as a stop sign in the direction of travel of the means of transport for the purposes of this Act,

(q) a nicotine tobacco-free tobacco-free product containing nicotine for oral use which is not modified directly by the European Union Regulation (1),

(r) goods related to psychomodulatory substances of equipment intended for the use or use of psychomodulators and other goods and products associated with the use or use of psychomodulators;

(s) a nicotine-containing product containing nicotine or its compounds which is not a medicinal product under the Drug Act.

HLAVA II

LIMITATION OF ACCESSION OF TOBACCO PRODUCTS, CHICKS, HERBAL PRODUCTS INTENDED FOR COUPLING, ELECTRONIC CIGARTES, NICOTIN SACKS WITHOUT CONTAINING TOBACCO AND NICOTIN-CONTAINING PRODUCTS

§ 3

Prohibition on the sale of tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes, nicotine-free tobacco bags and nicotine-containing products

(1) It shall be prohibited to sell tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes, nicotine tobacco-free bags and products containing nicotine outside the store specialising in the sale of such goods, a store which is a food business, a shop with a predominant range of daily and other periodical printing, an establishment of catering services, accommodation facilities, a food-snack stand which has a fixed construction and fulfils the conditions for the operation of the food business for the purpose of the operation of catering services in accordance with the Law on the Protection of Public Health (hereinafter referred to as the "food-service stand '), a fixed construction stand with a predominant range of daily and other periodical printing, stalls specialising for the sale of such goods placed within buildings intended for trade and the transport by air transport.

(2) Notwithstanding the provisions of paragraph 1, it is prohibited to sell tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes, tobacco-free nicotine bags and products containing nicotine

(a) in a medical establishment and in areas related to its operation;

(b) school and school establishments;

(c) in a childcare facility (social) (2), in an establishment where a trade is carried out which is the subject of care for children under 3 years of age, in the area where the childcare service is provided in a child group, or in an establishment where out-of-school education and education is carried out, not included in the register of schools and educational establishments;

(d) for an event intended for persons under the age of 18;

(e) in a means of transport intended for public public transport of persons, with the exception of air transport,

(f) in a store with a predominant assortment of goods intended for persons under the age of 18.

(3) It shall be prohibited to sell tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes, tobacco-free nicotine bags and nicotine-containing products by means of a vending machine, unless it is possible to exclude the sale of such products to a person under the age of 18; to this end, the seller selling through the vending machine must ensure that the age of the buyer is verified by the person designated for that purpose.

(4) It shall be prohibited to sell or serve, as well as to leave or leave free of charge as a form of consideration, tobacco products, herbal products intended for smoking, electronic cigarettes, tobacco-free nicotine bags and products containing nicotine to a person under 18 years of age. It shall be prohibited to sell or serve, as well as to leave or leave free of charge as a form of consideration, smoking aids and aids for the application or use of electronic cigarettes, nicotine tobacco-free bags and nicotine-containing products to a person under the age of 18.

(5) When selling or in connection with the sale of tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes, replacement charges for electronic cigarettes or nicotine tobacco-free bags in the stores referred to in paragraph 1, it shall be prohibited to offer or offer to the consumer any economic benefits, including through vouchers, discounts, the provision of any goods or services free of charge or at a price below the normal price. The prohibition provided for in this paragraph shall also apply to the provision of economic benefits to the consumer for the recommendation of tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes, replacement charges for electronic cigarettes or nicotine tobacco-free bags to another consumer.

§ 4

Products imitating tobacco products and smoking aids

(1) The sale and manufacture of food products and toys imitating the shape and appearance of tobacco products or smoking aids is prohibited.

(2) The import of food products and toys imitating the shape and appearance of tobacco products or smoking aids shall be prohibited.

§ 5

Certain conditions for the sale of tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes, nicotine-free tobacco bags and nicotine-containing products

(1) The seller of tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes, nicotine-free bags or products containing nicotine is required to ensure that the goods offered for sale are placed in a dedicated place separate from the other goods offered.

(2) The seller shall place, at the point of sale of tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes, nicotine-free tobacco bags and nicotine-containing products for consumers, a clearly visible text prohibiting the sale of such goods to persons under the age of 18. The text of the prohibition on sale shall be drawn up in the Czech language in black ink on a white background with a letter size of at least 2 cm.

(3) The person selling tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes, tobacco-free nicotine bags or nicotine-containing products must be over 18 years of age, not by the person for whom such sale is part of the continuous preparation for a future profession in education, focusing on gastronomy, hotel and tourism, trade, food industry or food chemistry.

Sales of tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes, nicotine-free tobacco bags and nicotine-containing products by means of distance communication

§ 6

(1) Tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes, tobacco-free nicotine bags and nicotine-containing products may be sold by means of distance communication provided that their sale to persons under the age of 18 is excluded; to this end, the retailer of such products shall be equipped with a computer system by means of remote communication, which shall electronically clearly verify the age of the consumer (the age verification system). At the time of sale, the seller is obliged to verify that the purchaser of the consumer is not less than 18 years old.

(2) The seller of tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes, nicotine-free tobacco bags and nicotine-containing products by means of means of distance communication is obliged to inform the consumer of the prohibition on the sale of products to persons under the age of 18 years, in a manner appropriate to the means of distance communication.

(3) The seller of tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes, nicotine-free tobacco bags and nicotine-containing products by means of means of distance communication is required to indicate at the point of sale of such products his name, address of the premises and person identification number.

(4) Seller of tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes, nicotine-free tobacco bags and nicotine-containing products by means of means of distance communication shall be required to notify in writing the information (3) of the age verification system and its operation to the Ministry of Health, if applicable

(a) the cross-border sale of tobacco products and electronic cigarettes which may be used for the use of nicotine-containing fumes within 5 days of receipt of the registration certificate under the Food and Tobacco Products Act;

(b) the sale on the territory of the Czech Republic of tobacco products, electronic cigarettes, nicotine-free bags and nicotine-containing products within 15 days before the date of the sale;

(c) the sale of smoking aids and herbal products intended for smoking, within 15 days of the date on which such sale began; or

(d) the change of such data within 30 days of the date on which the change took place.

(5) The notifications referred to in paragraph 4 must contain the following information, in addition to the formalities laid down in the administrative rules:

(a) the identity number of the seller;

(b) the address of the website used for sale by means of remote communication;

(c) a description of the age verification system and its functioning;

(d) the list of Member States of the European Union and the Contracting States of the Agreement on the European Economic Area where potential consumers are located, if they are for cross-border sales pursuant to Article 7.

(6) The data notified under paragraph 5 shall be provided by the Ministry of Health on request to the competent authorities responsible for checking or supervising compliance with the sales obligations referred to in paragraph 1.

(7) The seller of tobacco products, smoking aids, herbal products intended for smoking, electronic cigarettes, nicotine-free tobacco bags and nicotine-containing products by means of distance communication shall not use the consumer's personal data obtained in connection with such sale for purposes other than the purchase in question or to transmit such data to another person4).

§ 7

(1) A seller whose registered office, central administration or place of business is in the territory of the Czech Republic and who operates cross-border sales of tobacco products, electronic cigarettes which may be used for the use of fumes containing nicotine, nicotine-free tobacco and nicotine-containing products by means of distance communication shall not sell such products to consumers in another Member State of the European Union or in the Contracting State of the Agreement on the European Economic Area where such sale is prohibited (5).

(2) The seller referred to in paragraph 1 shall, at the time of the cross-border sale of tobacco products, electronic cigarettes which may be used for the use of fumes containing nicotine, nicotine-free bags containing tobacco and nicotine-containing products by means of distance communication at the time of sale, verify that the purchaser of the consumer complies with the minimum age requirement laid down under the national law of the Member State of the European Union or the contracting State of the Agreement on the European Economic Area where the consumer is located (3).

(3) A seller whose registered office, central administration or place of business is in another Member State of the European Union, in a Contracting State of the Agreement on the European Economic Area or in a third country, in cross-border sales of tobacco products, herbal products intended for smoking, electronic cigarettes, nicotine-free tobacco bags and nicotine-containing products by means of distance communication to a consumer located in the Czech Republic shall comply with the conditions laid down in paragraphs 1 to 5 and 7 mutatis mutandis.

No smoking and no use of electronic cigarettes

§ 8

(1) Smoking is prohibited

(a) in a freely accessible public internal space, with the exception of a smoking-restricted building space;

(b) in the transit area of an international airport, with the exception of a smoking-restricted building space;

(c) on the platform, in the shelter and waiting area of public transport,

(d) in public transport means of transport;

(e) in a medical establishment and in premises related to its operation, except for a smoking-restricted space in a closed psychiatric ward or in another addiction treatment facility;

(f) school and school establishments;

(g) in a childcare facility (2), in an establishment where a trade is carried out in respect of children under 3 years of age, in the area where the childcare service is provided in a children's group, or in an establishment where out-of-school education and education are carried out, not included in the register of schools and school establishments;

(h) in the area of children's playground and sports grounds intended primarily for persons under the age of 18;

(i) inside all types of sports grounds;

j) in an indoor entertainment area such as cinema, theatre, exhibition and concert hall and sports hall, and in another indoor space during the organisation of cultural and dance events,

(k) within the internal area of the catering service establishment, except for the use of water pipes;

(l) in the zoo area, except for the external areas reserved by the smoking zoo operator.

(2) The use of electronic cigarettes at the places referred to in paragraph 1 (a) to (j) shall be prohibited, with the exception of premises not covered by a smoking ban.

§ 9

(1) Where the owner of the space referred to in § 8 (1) (a), (c) and (h), the operator of an international airport, the operator of a public transport means of transport, the provider of health services, school or educational facilities, the operator of the establishment, establishment or provider of services in the establishment, establishment or area referred to in § 8 (1), the sports site operator, the operator of the entertainment area, the organiser of the establishment, the operator of the food service or the operator of the zoo where smoking and the use of an electronic cigarette are prohibited, the infringement of this prohibition, the person who does not comply with the smoking ban or the ban on the use of the electronic cigarette is obliged to continue or to leave the premises in such action. This person is obliged to obey the calls.

(2) The space, with the exception of the space referred to in Section 8 (1) (c), or the means of transport where smoking is prohibited, is required by the person referred to in paragraph 1 to mark at the entrance the clearly visible graphic mark "Smoking prohibited." The graphic form of the mark is listed in the Annex to this Act.

(3) The space, with the exception of the space referred to in Section 8 (1) (c), or the means of transport where the use of electronic cigarettes is prohibited, shall be indicated at the entrance by the person referred to in paragraph 1 by a clearly visible text informing that the use of electronic cigarettes is prohibited in that space. This text must be taken in the Czech language in black printing letters on a white background of at least 1 cm.

§ 10

Building-separated smoking area

Where the owner of the space referred to in § 8 (1) (a), the international airport operator or the health service provider establishes a built-in smoking area, he shall:

(a) ensure that this space is a space-sealed part of the building, defined by the floor, ceiling or construction of the roof and fixed walls with lockable building fillings, such as windows and doors which do not serve as a passage into internal spaces where smoking is prohibited by this law, and which can be ventilated by appropriate and sufficient means in the presence of persons smoking in non-building spaces and in which the closure of building fillings can be ensured in the presence of such persons so as to avoid the penetration of smoke into internal spaces where smoking is prohibited by this law;

(b) mark this space at the entrance by the clearly visible graphic mark "Smoking permitted"; the graphic form of the mark is listed in the Annex to this Act,

(c) indicate this space at entry by clearly visible text of the prohibition of entry for persons under the age of 18; the text of the prohibition on the entry of such persons must be drawn up in the Czech language in black ink on a white background with a letter size of not less than 5 cm,

(d) ensure that no person under the age of 18 stays in this area; to that end, he shall be entitled to invite a person under 18 to leave the premises; that person is obliged to comply with the calls,

(e) ensure that the staff member does not stay in this area while he is smoking.

HLAVA III

LIMITATION OF ALCOHOLIC BUSINESS APPROACH

§ 11

Prohibition and restrictions on the sale and supply of alcoholic beverages

(1) It shall be prohibited to sell alcoholic beverages outside a grocery store which is a food business, an establishment of catering services, an establishment of the wine producer, accommodation, a refreshment stand, a stand specialising in the sale of such goods placed within a building intended for trade and a public transport vehicle for long distance rail, air, water and long distance bus transport.

(2) Notwithstanding the provisions of paragraph 1, it is prohibited to sell or serve alcoholic beverages:

(a) in a medical establishment and in areas related to its operation;

(b) at school and school establishments, not for sale or serving in the premises of the school and the school establishment used in the continuous preparation for future professions in the fields of education, focusing on gastronomy, hotels, agriculture, food industry or food chemistry;

(c) in a childcare facility (social) (2), in an establishment where a trade is carried out which is the subject of care for children under 3 years of age, in the area where the childcare service is provided in a child group, or in an establishment where out-of-school education and education is carried out, not included in the register of schools and educational establishments;

(d) for an event intended for persons under the age of 18;

(e) at the stand, except for the refreshment and occasional sale stand provided for in Section 14;

(f) in a means of transport intended for public public transport of persons, with the exception of a means of public transport by rail, air, water and long-distance bus transport, as well as in a means of transport for public public transport of persons used for travelling, tourism, nostalgic, historical and promotional journeys and custom journeys,

(g) a publicly available sporting event, with the exception of an alcoholic drink containing not more than 4,3% by volume ethanol and wine.

(3) The prohibition on the sale or supply of alcoholic beverages does not apply in the space referred to in paragraph 2 (a). (b) for as long as there is no teaching or educational activity and for which the school or educational establishment operator has provided this space for purposes other than those specified.

(4) It is prohibited to sell alcoholic beverages through a vending machine.

(5) It shall be prohibited to sell or serve an alcoholic beverage to a person under the age of 18.

(6) It shall be prohibited to sell or serve an alcoholic beverage to a person who can reasonably be expected to consume an alcoholic beverage afterwards and subsequently carry out an activity in which, due to the previous ingestion of an alcoholic beverage, he could endanger the health of people or damage property.

(7) It shall be prohibited to sell an alcoholic beverage to a person clearly affected by alcohol or any other substance.

§ 12

Toys imitating the packaging of alcoholic beverages

(1) The sale and production of toys imitating the shape and appearance of the packaging of alcoholic beverages is prohibited.

(2) The importation of toys imitating the shape and appearance of the packaging of alcoholic beverages shall be prohibited.

§ 13

Certain conditions for the sale or administration of alcoholic beverages

(1) An alcoholic beverage seller shall place at the point of sale a clearly visible text for the consumer of the prohibition on the sale of alcoholic beverages to persons under the age of 18. The text of the prohibition on sale shall be drawn up in the Czech language in black ink on a white background with a letter size of at least 2 cm.

(2) The person selling or serving alcoholic beverages must be over 18 years of age, not for the person for whom such sale or administration is part of the ongoing preparation for a future profession in the fields of education, focusing on gastronomy, hotels and tourism, trade, food industry or food chemistry.

§ 14

Occasionally selling alcoholic beverages

(1) Alcoholic drinks, with the exception of spirit drinks under the directly applicable European Union provision for the definition and description of spirit drinks (hereinafter referred to as "spirit drinks"), may be sold for wine tasting, the tasting of partially fermented grape must, the agricultural and traditional market, the public-accessible festivities, traditional, cultural, dance and similar events; an open sports event can be sold in the context of occasional sales of alcoholic beverages containing not more than 4,3% volume ethanol and wine.

(2) Spirituous beverages can only be sold in the course of occasional sales at the tasting of spirits, the annual, farm and traditional market, public-accessible festivities, traditional, cultural, dance and similar events.

§ 15

Sale of alcoholic beverages by means of distance communication

(1) Alcoholic drinks may be sold by means of distance communication provided that their sale to persons under the age of 18 is excluded.

(2) An alcoholic beverage seller by means of means of distance communication shall inform the consumer, prior to the sale of alcoholic beverages, of the prohibition of sale to persons under the age of 18, in a clearly visible text in a manner appropriate to the means of distance communication.

(3) An alcoholic beverage seller by means of distance communication shall state his name, address and person identification number at the point of offer to sell alcoholic beverages.

(4) An alcoholic beverage seller shall not use, by means of distance communication, the personal data of the consumer obtained in connection with such sale for purposes other than the purchase in question or to transmit such data to another person.

§ 16

Obligation of the liquor seller

If the seller who sells alcoholic beverages at the outlet, the food service establishment, the establishment of the wine maker, the accommodation facility or the means of transport finds that a person under 18 years of age who is clearly under the influence of alcohol is present in the premises, he shall be obliged to call that person to leave the premises. This person is obliged to obey the calls.

HLAVA IV

Restrictions on the availability of psychomodulators

§ 16a

Prohibition of the sale of psychomodulatory substances

(1) It shall be prohibited to:

(a) to sell psychomodulatory substances and goods related to psychomodulatory substances outside the store specialised in the sale of psychomodulatory substances;

(b) entry into a store specialised in the sale of psychomodulatory substances and goods related to psychomodulatory substances to persons under the age of 18;

(c) to sell or administer psychomodulatory substances to a person under the age of 18;

(d) to sell psychomodulatory substances through a vending machine.

(2) It is also prohibited to sell psychomodulatory substances

(a) in a food business 6a);

(b) in a medical establishment and in areas related to its operation;

(c) school and school establishments;

(d) in an institution of social legal protection for children, in an establishment where a trade is carried out which is the subject of care for children under 3 years of age, in an area where a child care service is provided in a child group, or in an establishment where there is an out-of-school education and training, not included in the register of schools and educational establishments;

(e) for an event intended for persons under the age of 18;

(f) in the airport transit area.

§ 16b

Some conditions for the sale of psychomodulatory substances

(1) If the seller offers multiple types of psychomodulatory substances, their offer shall be appropriately separated.

(2) The seller is obliged to place a clearly visible information message on the points of sale of psychomodulatory substances for consumers banning the sale of these goods to persons under the age of 18. The text of the prohibition on sale shall be taken in black printing letters on a white background of at least 2 cm. The text of the prohibition on sale is given in the following wording: "The sale of psychomodulators to persons under 18 years of age is prohibited."

(3) When entering a store in accordance with § 16a (1) (b), the seller is obliged to place a manifestly visible communication on the prohibition of entry for persons under the age of 18. The text of the prohibition of entry shall be taken in black printing letters on a white background of at least 2 cm. The text of the entry ban shall be as follows: "Entry for persons under 18 years of age shall be prohibited. '.

(4) The person selling psychomodulatory substances and the person transmitting psychomodulatory substances when sold by means of distance communication must be over 18 years of age.

§ 16c

Sales of psychomodulators by means of distance communication

(1) When selling psychomodulatory substances by means of distance communication, psychomodulatory substances can only be sold by means of a distance communication device which is specialised exclusively for the sale of psychomodulatory substances and goods related to psychomodulatory substances.

(2) Only a legal or enterprising natural person authorised to do so under the Habitats Act (6b) may sell psychomodulatory substances by means of a distance communication device, while being entitled to operate and operate a shop in which it sells psychomodulatory substances under the Habitats Act (6c).

(3) Psychomodulatory substances may be sold by means of distance communication if their sale to persons under 18 is excluded; to this end, the seller of these products must use a qualified system under the Electronic Identification Act (6d) by means of remote communication. The seller is obliged to ensure that at the time of the sale of the goods it is verified that the purchaser of the consumer is not less than 18 years old. In order to fulfil the obligation under the second sentence, the qualified administrator shall make available to the psychomodulator vendors data on the age of the buyer 6e by means of distance communication.

(4) The seller of psychomodulatory substances by means of distance communication is obliged to arrange the transfer of goods to the buyer's own hands. In the event that the seller of psychomodulatory substances, by means of distance communication, sends goods to the buyer via the commercial natural person or legal person providing delivery of the psychomodulatory substance purchased by means of distance communication, he shall be obliged to deliver the goods through the person who ensures the transfer of the goods to the buyer's own hands.

(5) For the purposes of this Act, the transfer of goods to the buyer's own hands shall mean the transfer of goods to the buyer in which:

(a) the goods may not be transferred to a person other than the purchaser, except for the recipient who is over 18 years old and has an identification number for the order;

(b) in the physical presence of the buyer or the transferee referred to in (a), his or her identity is verified and, subsequently, the buyer or transferee referred to in (a), upon receipt of the goods by his or her own signature, confirms in writing his or her receipt;

(c) the supply of goods without the presence of a natural person acting as a person ensuring the delivery of a psychomodulatory substance, in particular by means of vending machines, is prohibited.

(6) The seller of psychomodulatory substances by means of distance communication shall keep a record of the transfer of goods containing the following:

(a) the place, date and exact time at which the goods were delivered;

(b) the name of the buyer or recipient referred to in paragraph 5 (a) and the number of his or her personal document;

(c) the handwritten signature of the buyer or the transferee, as referred to in paragraph 5 (a), confirming receipt of the goods;

(d) the name of the natural person who has verified the identity of the purchaser or the transferee referred to in paragraph 5 (a) and who has forwarded the goods to him or her and his signature confirming that this has happened.

(7) Where the goods are transmitted by the person responsible for the delivery of the psychomodulatory substance referred to in the second sentence of paragraph 4, the transmission of the goods referred to in paragraph 6 shall be recorded by the person responsible for the delivery of the psychomodulatory substance which is required to transmit the registered data to the seller immediately after the transfer of the goods.

(8) In order to prove the identity of the buyer or the recipient referred to in paragraph 5 (a) and (b), only:

(a) a valid identity card or travel document, if it is a citizen of the Czech Republic;

(b) a valid identity card, travel document or residence document, if it is a citizen of another Member State of the European Union or a citizen of Schengen countries;

(c) a valid personal document which allows for residence in the Czech Republic or a travel document, if it is a citizen of a third country.

(9) If the seller of psychomodulatory substances offers multiple types of psychomodulatory substances by means of remote communication, their supply must be separated from each other.

(10) The seller of psychomodulatory substances by means of distance communication is obliged to inform the consumer of the ban on the sale of products to persons under 18 years of age by means of a visible text in a manner appropriate to the means of distance communication.

(11) The seller of psychomodulatory substances by means of distance communication shall indicate his name, address and identification number at the point of sale of the products.

(12) The seller of psychomodulatory substances shall not use the consumer's personal data obtained in connection with such sale for purposes other than the purchase in question or transmit it to another person.

(13) Cross-border sale of psychomodulatory substances by means of remote communication is prohibited.

HLAVA V

OTHER MEASURES TO LIMIT THE USE OF THE NAMES

§ 17

General binding municipal decree

Citation	Act No. 65 / 2017 Coll., on the protection of health against harmful effects of addictive substances
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	03.03.2017
Effective from	31.05.2017
Effective until	-
Status	Valid

Act No. 65 / 2017 Coll.

Law on the protection of health against harmful effects of addictive substances

Contents