Article 1

      This Act is specifically enacted in order to
prevent and control the hazards of tobacco and to protect
the health of the people.

       Any matters not regulated by this Act shall be
governed by other laws and regulations.
 

Article 2

    The terms used in this Act are defined as follows:

  (1)Tobacco Products are products which are made of or 
     processed from raw tobacco including cigarettes,
     cigars, cut tobacco, snuff, chewing tobacco and
     other tobacco products.

  (2) Smoking means smoking or chewing tobacco products
     or the act of carrying lit tobacco products.

  (3) Tobacco Product Containers are boxes, cans and
     other containers used to carry tobacco products.

Article 3

       The Competent Authority as used in this Act is, at
the central government level, the Department of Health of
the Executive Yuan; at the provincial (or special
municipality) level, the Provincial (Municipal) Health
Department; and at the county (city) level, the county
(city) government.
 
     Matters provided in this Act which concern or are
related to the jurisdiction of relevant organizations
shall be handled by the Competent Authority at the
central government level in conjunction with the relevant
organizations.

  Article 4

    The competent authority at each level shall set up a
specific unit or appoint a specific individual to be
fully responsible for the execution of matters concerning
the prevention and control of tobacco hazards.



                       CHAPTER 2

               Management of Tobacco Products


 Article 5

     Tobacco products shall not be sold through automatic
vending machines, nor by mail orders, electronic shopping
or any other channels through which the age of the
purchaser cannot be identified.


 Article 6

     Tobacco products not authorized by the authority in
charge of enterprises concerned at the central government
level shall not be imported, manufactured or sold.


 Article 7

  Tobacco product containers shall carry health warnings
in Chinese in obvious places on their largest exterior
sides.

  The above-mentioned health warnings and their methods
of display shall be prescribed by the Competent Authority
at the central government level.


 Article 8

  The amount of nicotine and tar contained in the tobacco
products shall be indicated on their tobacco product
containers in Chinese.

  The nicotine and tar in the above paragraph shall not
exceed the maximum amount. Their maximum amount and
testing methods shall be prescribed by the Competent
Authority at the central government level in consultation
with the relevant organizations.


Article 9

     The following methods shall not be used for the
promotion or advertisement of tobacco products:

 (1)Advertising through radio, television, film, video,   
    newspaper, billboard, poster, leaflet, notice,        
    announcement, sample, sign, display, or in any
    written or illustrated form or article;
 (2)using discount as a form of promotion;
 (3)using other articles as gift or prize for selling
     tobacco products; excluding, however, gift the price
     of which is under one quarter of the price of the
     tobacco products;
 (4)using tobacco products as gifts or prizes for selling 
     other products;
 (5)selling tobacco products wrapped together with other  
     products;
 (6)distributing tobacco products individually, unpacked
     or packed;
 (7)sponsoring or organizing sports, art or other events
     under the brand name of the tobacco products;
 (8)organizing or sponsoring taste tests, concerts and    
     lectures under the brand name of the tobacco
     products;
 (9)other methods determined and announced by the
     Competent Authority at the central government level
     to be unlawful.
  
     Manufacturers, importers or retailers of tobacco
products, when using magazines for the promotion and
advertisement of tobacco products, the number of articles
placed on magazines by them shall not exceed one hundred
and twenty items per year; and that these articles shall
not be placed on magazines the primary readers of them
being juveniles under eighteen years of age.

     Manufacturers, importers or retailers of tobacco
products may sponsor or organize various activities under
the name of the company.  However, no tasting, selling or
sales promotion of tobacco products may be conducted at
the site of the activity.


 Article 10

     Displaying tobacco products, placing posters or
demonstrating or explaining the tobacco products with
words or illustration in places where tobacco products
are sold are not regarded as the promotion or
advertisement mentioned in the above Article.



                           CHAPTER 3
       Prohibition of Tobacco Use by Children and Minors


 Article 11

     Persons under eighteen years of age shall not smoke

     Parents or guardians shall forbid such behaviour of
persons under eighteen years of age.

 Article 12

     Managers of dealers of tobacco products shall not
supply tobacco products to persons under eighteen years
of age.



                            CHAPTER 4
              Places Where Tobacco Use is Restricted


 Article 13

     Smoking is prohibited in the following places:

 (1)Libraries, classrooms and laboratories;
 (2)performance halls, auditoriums, exhibition rooms and
    conference halls (rooms);
 (3)indoor gymnasiums and swimming pools;
 (4)civil aircraft, passenger buses, cable cars, taxis, 
     ferry boats, elevators, closed trains, stations and
     carriages of rapid transit systems, and other closed
     public transportation means;
 (5)day care centers, kindergartens;
 (6)medical care institutions, nursing care institutions, 
     other medical institutions and welfare institutions
     for the disabled;
 (7)the business areas of banks, post offices and
    telecommunications offices;
 (8)place for the manufacturing, storage or sale of
     flammable and explosive items; and
 (9)other places designated and publicly announced by the
    Competent Authority at the central government level.
     The places set forth in the above paragraph shall
     carry distinct notices prohibiting tobacco use.
   

 Article 14

     Smoking in the following places is permitted only in
the designated smoking areas (rooms):

 (1)schools, social education halls, memorial halls,      
     libraries, museums, art galleries, culture centers;
 (2)opera houses, movie theatres and other places of      
     performance;
 (3)tourist hotels, department stores, super-markets,
     shopping centers and restaurants with a floor area
     of more than 200 square meters;
 (4)not closed trains and steamships;
 (5)ticket offices and passenger waiting lobbies of train 
     stations, ports and airports;
 (6)government offices and government enterprises;
 (7)social welfare institutions; and
 (8)other places designated and publicly announced by the
    Competent Authority at the central government level.

     The above-mentioned smoking areas (rooms) shall be
 distinctly segregated and marked.

 Article 15

     Persons in charge of government organizations and
public and private enterprises, and persons in charge of
or employees of the places where smoking is prohibited
shall dissuade from smoking persons who smoke in the
non-smoking places. Any person on the scene may also so
dissuade them.


 Article 16

      The competent authorities at the special
municipality level and the county(city) level shall
periodically send officials to inspect the facilities and
management of the non-smoking and smoking areas (rooms)
specified in Item 2 of Article 13 and Item 2 of Article
14.



                          CHAPTER 5
             Education and Publicity on Tobacco Hazards


  Article 17

     All organizations and schools shall actively conduct
education and publicity on the hazards of tobacco,


  Article 18

     Medical care institutions, mental health counselling
institutions and public interests groups may provide
counselling services on smoke cessation.

       The competent authorities shall formulate
incentives measures for the above-mentioned institutions
that provide counselling services.


  Article 19

     The image of smoking shall not be specifically
emphasized in television programs, drama performances,
audio-visual singing and professional sports events.

    
                        CHAPTER 6
                        Penalties


  Article 20

     Persons in violation of Article 5 shall be penalized
by a fine of not less than ten thousand New Taiwan
dollars and not more than thirty thousand New Taiwan
dollars. The fine may continue by day till the offending
behaviour terminates.


  Article 21

     Persons in violation of paragraph 1 of Article 7 ,
paragraph 1 of Article 8 , or the methods specified in
paragraph 2 of Article 7 shall be penalized by a fine of
not less than one hundred thousand New Taiwan dollars and
not more than three hundred thousand New Taiwan dollars.
The manufacturers, importers or retailers shall be
notified to recall the products and make corrections
within a prescribed period of time.  Those who fail to
comply within the prescribed period of time shall be
ordered to suspended the manufacturing or importation for
six months to one year. The tobacco products in violation
of regulations shall be confiscated and burned.


 Article 22

     Persons in violation of any Item of Article 9 shall
be penalized by a fine of not less than one hundred
thousand New Taiwan dollars and not more than three
hundred thousand New Taiwan dollars.  Violators who have
been penalized for three times shall be ordered to
suspend their manufacturing, importation or sale for six
months to one year.

     Advertising industries and mass communication
industries which produce advertisements for tobacco
products or accept them for broadcasting, dissemination,
or printing in violation of Item 1 of Article 9 shall be
penalized by a fine of not less than fifty thousand New
Taiwan dollars and not more than one hundred and fifty
thousand New Taiwan dollars, and the fine may be imposed
for each violation.


 Article 23

     Persons in violation of Item 1 of Article 11 shall
receive education on smoking cessation.

     Programs of the above-mentioned smoking cessation
education shall be prescribed by the Competent Authority
at the central government level.


 Article 24

     Persons in violation of Article 12 shall be
penalized by a fine of not less than three thousand New
Taiwan dollars and not more than fifteen thousand New
Taiwan dollars.

 Article 25

     Persons who smoke in areas where smoking is
restricted in violation of Item 1 of Article 13 or Item 1
of Article 14 and refuse to cooperate after dissuasion
following Article 15 shall be penalized by a fine of not
less than one thousand New Taiwan dollars and not more
than three thousand New Taiwan dollars.


 Article 26

       Management which fail to place notices prohibiting
tobacco use, or to distinctly segregate and mark smoking
and non-smoking areas in violation of Item 2 of Article
13 or Item 2 of Article 14 shall be penalized by a fine
of not less than ten thousand New Taiwan dollars and not
more than thirty thousand New Taiwan dollars. They shall
be notified for correction within a prescribed period of
time. If no correction is made in time, they shall be
penalized consecutively for each day.


 Article 27

      Where one is notified to pay a fine imposed in
accordance with this Act within a prescribed time and
fails to do so, the case shall be transferred to the
court for compulsory execution.


 Article 28

     The order to suspend the manufacturing, importation,
and sales decided by the competent authorities shall be
transferred for execution to the government agencies in
charge of the enterprises concerned.



                           CHAPTER 7
                    Supplementary Provisions


 Article 29

     The enforcement regulations of this Act shall be
prescribed by the Competent Authority at the central
government level in consultation with the relevant
organizations.

 Article 30

     This Act shall be effective six months after the
date of promulgation.

 Let Me Tell You That Every Puff of Yours
 Is not to Your Well- Being

 prepared by the Department of Health, the Executive Yuan