LAW OF MONGOLIA ON THE STRUGGLE AGAINST THE DANGERS OF TOBACCO Effective 1 March 1994 Article 1. Aim of the Law The objectives of this law are to prevent the dangers of tobacco use affecting the population, to determine the responsibilities of economic entities, organisations, families and citizens in the struggle against the dangers of tobacco, to specify requirements on the manufacture and sale of tobacco, and to regulate the implementation of this law. Article 2. Legislation and International Treaty and Agreement on the Struggle Against the Dangers of Tobacco 1. Legislation against the dangers of tobacco includes the Constitution of Mongolia, this law and other legislative acts issued in accordance with them. 2. In the case of any discrepancies of this law with any international treaties or agreements of Mongolia, articles of the international treaty or agreement will be applied. (?) Article 3. Scope of enforcement of Legislation on the Struggle Against the Dangers of Tobacco The whole population of Mongolia, including foreigners and stateless persons who are permanently or temporarily living in the territory of Mongolia, are obliged to follow the legislation on the struggle against the dangers of tobacco. Article 4. Common Responsibility for Prevention from the Dangers of Tobacco and the Struggle Against Them. 1. Economic entities, organisations and every citizen are responsible for the implementation of measures for preventing the dangers of tobacco, for supporting the health of nonsmokers, and for supporting smokers to quit their smoking habit. 2. Every family is responsible for creating a climate for children to be free from enticements to smoke. 3. Lactating and pregnant women are responsible for avoiding smoking. Article 5. Requirements of Sale and Manufacture of Tobacco 1. The following items regarding the sale and manufacture of tobacco in the territory of Mongolia are prohibited: 1) the sale of tobacco products with a higher amount of tar and nicotine than the accepted ones; the sale of tobacco products without health warnings; and the importing of any such kind of tobacco products for the purpose of retail sale. 2) the sale of tobacco products to persons under 16 years of age. 3) the sale of single or loose cigarettes. 2. Tobacco cultivation and manufacture are only allowed with the permission of the Government of Mongolia. 3. The accepted maximum amounts of tar and nicotine and the health warnings will be established by the government central authority for health matters. Article 6. Ban on Tobacco Advertising and Promotion It is prohibited to advertise and promote tobacco products in the following ways: 1) direct advertising and promotion in/on the print media, posters, cinema, television, radio, billboards, advertisements and free designs 2) advertising and promotion that encourage children to start smoking 3) giving of tobacco names to economic entities and organisations 4) sponsoring any activities by organisations dealing with tobacco manufacture and sale 5) using images, trademarks, and names of tobacco products for other goods 6) all indirect advertising Article 7. Smoke-free areas 1. Smoking is prohibited in the following organisations and public transport vehicles except in designated smoking areas: 1) Public transport buses, trolley-buses, trains, aeroplanes and ships 2) Public transport stations and terminals 3) Shopping and business areas, cultural and places of entertainment 4) Offices of all levels of governmental and administrative units of cities, towns and villages 5) Offices and places of production and services of the economic entities and organisations 6) Schools of all levels and child care establishments 7) Premises of health, physical culture, and sports 2. The Administration of the economic entities and organisations must display signs for designated smoking and smoke-free areas. 3. The regulations of the implementation of provisions 1 and 2 of present article in places of production, services and offices will be included in the internal labour regulations of each economic entity and organisation. Article 8. Authority for Controlling the Implementation of Legislations on the Struggle Against the Dangers of Tobacco 1. Government control of the implementation of the legislation on the struggle against the dangers of tobacco will be carried out by the Government, authorised organisations and persons according to their authority. 2. Heads of the economic entities and organisations and their branches and units are responsible in their areas of authority to control the implementation of the legislation on the struggle against the dangers of tobacco. 3. Consumer Interest Protection agencies and other non- governmental organisations can exercise community control of the implementation of the legislation on the struggle against the dangers of tobacco. Article 9. Claim Any person, economic entity or organisation that considers that (?)their rights and lawful interests have been violated due to the infringement of the legislation on the struggle against the threats of tobacco, can claim to the court, authorised organisation and officers. Article 10. Penalties and Remedies for Violation of Legislations 1. The following administrative measures will apply to any person who violates any provision of legislation on the struggle against the dangers of tobacco, if found to be of a non-criminal nature: 1) Those who violate paragraph 1 of Provision 1 and provision 2 of the Article 5 shall be fined 20,000-25,000 tugriks and their income and manufactured tobacco products will be confiscated. 2) Those who violate the article 6 of this law shall be fined 10,000-25,000 tugriks and banned the advertising. 3) Those who violate paragraphs 2 and 3 of Provision 1 of Article 3 shall be fined 1,000-10,000 tugriks and their tobacco products will be confiscated. 4) Those who violate the article 7 shall be fined 500- 5,000 tugriks. 2. The administrative measures indicated in Provision 1 of the present article can be applied by the authorised persons such as Governors of somons, regions, ?bags and chorons, policemen and government inspectors. 3. Disciplinary measures can be applied by the administrations of the economic entities and organisations to any person who violates Provision 3 of Article 7 according to the legislation on Labour. Article 11. Enactment 1. This law shall become effective on March 1, 1994. 2. Paragraph 1 of Provision 1 of Article 5 shall become effective from January 1, 1995. ------------------------------------------------------------ DECREE NO 33 OF 9 FEBRUARY 1994 CONCERNING THE IMPLEMENTATION OF THE LAW OF MONGOLIA ON THE STRUGGLE AGAINST THE Dangers OF TOBACCO The Government of Mongolia decrees: 1. To entrust the Ministry of Health (P. Nymadawa) to implement the following actions prior to March 1, 1994: a) To establish the accepted maximum contents of tar and nicotine in tobacco products, and health warnings to be displayed on the packages of tobacco products imported into Mongolia or manufactured on its territory; and b) To develop the signs for designated smoking and smoke free areas; recommendations for banning direct or indirect types of advertisement and promotion, and for the implementation of the law in economic entities, organisations, production and service places by incorporating amendments to their internal labour regulations. 2. To entrust the Ministry of Infrastructure Development of Mongolia (R. Sandalkhan) to organise measures to ban smoking in all transport vehicles without individual air conditioning or ventilation for passengers, and also in trains, airplanes and ships with travel lasting more than 4 hours; to separate the seats in transport vehicles with designated ventilation for smokers and non-smokers and to mark smoking or non-smoking on tickets; to control implementation of the law, together with Governors of aimaks and cities. 3. To entrust the State Customs General Department (G. Seseer) to implement the following measures: a) To ban the entry of the following items over the state borders: publications, posters, film-strips and decorations for tobacco and smoking promotion and also goods with any picture, name or trademark of tobacco. b) Beginning from January 1, 1995 to ban the entry over the state borders of tobacco products with a tar and nicotine content higher than that accepted in the territory of Mongolia, and tobacco products intended for sale that do not carry health warnings. c) To legislate the quantity of tobacco products allowed for each person to bring over the state borders. 4. To entrust the Ministry of Health (P. Nymadawa), the Ministry of Trade and Industry (Ts Tsogt), the Ministry of Nature and Environment (Z. Batjargal) and the General Police Department (B. Purev) to implement changes in their legislative regulations according to the provisions of the law before March 1, 1994. 5. To entrust the Ministry of Trade and Industry (Ts Tsogt) and the Ministry of Health (P. Nymadawa) to organise measures for rendering professional assistance to the economic entities and persons to make the mandatory agreement with their suppliers to import tobacco products with the accepted levels of tar and nicotine contents into this country. 6. To entrust the Ministry of Science and Education (N. Ulziikhutag) and the Ministry of Health (P. Nymadawa) to implement measures to include subjects on education about the dangers of tobacco and prevention from them into secondary school curriculums, and to supply the schools with educational materials. 7. To recommend to the Department of Radio-broadcasting and Television and to the editorial boards of 'News of Government', other newspapers and the public media that they include in their programmes broad propaganda materials concerning the Law on the struggle against the dangers of tobacco and other relating legislations and education on smoking cessation, etc., on the occasion of the annual World No Tobacco Day on 31 May 1994 under the slogan "The media against tobacco". 8. To entrust the Ministry of Health (P. Nymadawa) and the Ministry of Finance (D. Dawasambu) to set up a laboratory in 1994 with the capacity for determining the tar and nicotine content in tobacco products. 9. To entrust the aimaks and capital Governors and Chairmen of the People's Khural Executive Administrations of Darkhan, Erdenet and Choir cities to implement measures against the dangers of tobacco according to the law from March 1, 1994 and to follow up these measures in their respective territories. ------------------------------------------------------------ ORDER OF MINISTRY OF HEALTH No A/15 OF 17 FEBRUARY 1994 ON THE INTENSIFICATION OF THE MEASURES OF THE STRUGGLE AGAINST THE Dangers OF TOBACCO In order to implement the Law of Mongolia on the Struggle against the Dangers of Tobacco, the Government of Mongolia ORDERS: 1. The implementation of "The accepted maximum contents of tar and nicotine of tobacco products to be imported or to be manufactured in Mongolia, and health warnings in Mongolian languages" as defined in Annex 1, and "The recommendations on the implementation of this law in the economic entities and organisations" as defined in Annex 2. 2. To entrust the State Inspectorate of Hygiene and Epidemiology: a) to bring changes and amendments in the inspectorate before March 1, 1994 according to the paragraph 1, provision 8 and provision 10 of the Law; and b) to establish the laboratory capacity within 1994 for the determination of tar and nicotine in tobacco products. 3. To entrust the Department of Manpower and Medical Research Policy, the Public Health Department, the State Inspectorate of Hygiene and Epidemiology, the Oncological Centre and Health Education Centre to conduct detailed research work covering all aimaks, cities and some somons on the spread of smoking among the population, its specificity and adverse effects on health (according to the recommendations of International Union Against Cancer and WHO) during the second half of 1994. 4. To entrust the Public Health Department and Health Education Centre: a) to include special subjects on the dangers and prevention of tobacco in the curricula of secondary schools, in cooperation with the Ministry of Science and Education, and to provide education materials before September 1, 1994. b) to conduct systematic propaganda work and education on the prevention of tobacco dangers, smoking cessation, creating a non-smoking environment, and preventing lactating and pregnant mothers from using tobacco products. 5. To entrust the Deputy Minister of Health and Health Education Centre to organise the Second National Conference on Tobacco Control in May 1995. 6. To entrust all chairmen of Public Policy Departments of aimak and cities Governments to bring changes in the internal labour regulations of all organisations in their respective territories and to develop a programme within the 3rd quarter of 1994 on the struggle against tobacco up to the year 2000. 7. To entrust the Public Health Department of the Ministry of Health to assess annually the results of the implementation of this order and submit a report to the Council of Ministers. 8. To cancel my previous order A/64 of 1993 on "Anti-tobacco activities" concerning the approval of this order. Minister of Health P. Nymadawa ------------------------------------------------------------ Annex 1 ACCEPTED MAXIMUM CONTENTS OF TAR AND NICOTINE IN TOBACCO PRODUCTS TO BE IMPORTED OR MANUFACTURED IN MONGOLIA AND HEALTH WARNINGS 1. Accepted maximum contents of tar and nicotine ? is this first sentence correct? The nicotine content of tobacco imported or grown in Mongolia is 0.5-8%. In future the nicotine and tar content must not exceed the following levels, which must be printed on the package and container: Per cigarette Type Nicotine (mg) Tar (mg) Cigarette 1.4 15 Pipe tobacco 1.6 20 2. Health warning One of the following health warnings must be printed in Mongolian language on the package and container: - smoking causes cancer - smoking causes heart disease - smoking damages your lungs - smokers die younger - smoking reduces your fitness - smoking harms non-smokers The area of the health warning must occupy 25% of both broad surfaces. The warning must be printed in black letters on a white background and surrounded by black line. 3. Warning on the site of tobacco sale The following warnings must be displayed for the public at every unit which sells tobacco: Some harmful substances in cigarettes and their health hazard _______________________________________________________________ Level Tar (mg) Nicotine (mg) Health hazard _______________________________________________________________ High 25 and more 1.6 Extremely hazardous Average 15-24 1.4 Very hazardous Low 15 and less 1.3 Hazardous _______________________________________________________________ Annex 2 RECOMMENDATION ON THE IMPLEMENTATION OF THE LAW ON "THE STRUGGLE AGAINST THE DANGERS OF TOBACCO" IN ORGANISATIONS AND ECONOMIC ENTITIES 1. Smoke free and designated smoking areas Paragraph 2, provision 7 of the Law on "The struggle against the Dangers of Tobacco" must be implemented according to the following regulations: a) Signs forbidding smoking Specific signs forbidding smoking will be used in the territory of Mongolia. These signs present an image of Mongolian territory on the earth, a cigarette and ?mongolian tube surrounded by a red circle and a cross-line (The figure of the sign is attached). It is also permitted to use other signs printed by WHO and international health organisations. b) Installing signs forbidding smoking All economic entities and organisations must display the above-mentioned sign in places where smoking is forbidden through the law or through internal labour regulations. c) Designated smoking area All economic entities and organisations must provide a designated smoking room. An appropriate sign must be displayed at the door of that room. The smoking place must be located far from the working rooms, with sufficient ventilation and with an air stream ensuring that the smoke goes to the outside. Respecting the rights of non-smokers to maintain their health and to breathe fresh air, smokers can install such a kind of room themselves with their own financial means and also keep it clean. The use toilets and corridors as a smoke place is not recommended. If one building or unit has more than one toilet, then one of them could be used by smokers.(? does this mean they can smoke in there?) 2. Recommendations on the struggle against the dangers of tobacco in organisations and economic entities Each economic entity and organisation must pay attention to the following items: According to the provision 1, article 66 of the Law on Labour, each economic entity and organisation has to provide its staff with healthy labour and safety conditions. To this end, it is recommended to implement the Law on the Struggle against the Dangers of Tobacco as follows: - to propagate this law and to bring appropriate changes to their own internal labour regulation in pursuance with it; - to provide smokers with designated rooms or places; - to ban advertising of tobacco on the premises; - to install appropriate signs; - to prohibit giving, awarding or presenting tobacco products; ? - each organisation must appoint staff persons with specific responsibilities for avoiding smoking, advertising and for participating in the activities against tobacco. (or all staff persons should do this?) 3. Recommendations on the ban of direct and indirect advertising of tobacco Article 6 of the Law "On the Struggle against Dangers of Tobacco" prohibits direct or indirect advertising and promotion of tobacco. The following are included in direct advertising: - print media - posters - cinemas* - TV broadcasting* and clips - radio-broadcasting - advertisement and announcement - decoration - presents - free design and distribution of pamphlets on tobacco The following are included in indirect advertising: - brandnames and trademarks of tobacco products for other goods - printed tobacco images on the label - sponsorship by tobacco enterprises and companies of physical culture and sports events and entertainment Explanation * If there is a need to show smoking in a cinema or TV programme no trademark or name of the tobacco or cigarette must be shown too clearly.