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Entered into force 1 January 2001. Chapter 1 General Provisions § 1. Scope of application of Act The Tobacco Act provides the requirements for
tobacco products, the sales packaging, handling and consumption thereof, and
the supervision over compliance with this Act and liability for violation of
this Act, with the primary purpose of ensuring the protection of human health. § 2. Definitions For the purposes of this Act: 1) “tobacco product” means smoking tobacco, cigarettes,
Russian cigarettes, cigars and cigarillos, snuff, chewing tobacco and other
tobacco products as defined in the Tobacco Excise Duty Act (RT I 1994, 54, 901;
93, 1572; 1996, 87, 1543; 1997, 77, 1316; 1998, 110, 1810; 1999, 56, 589, 84,
763; 2000, 40, 253); 2) “smokeless tobacco product” means a tobacco product
which does not produce smoke when used for its intended purpose; 3) “sales packaging” means sales packaging as defined
in the Packaging Act (RT I 1995, 47, 739; 1997, 53, 836); 4) “handling” means the production, packaging,
possessing, storage, distribution, import and export, offer for sale and sale,
or delivery of tobacco products in any other manner to a consumer or another
handler; 5) “import” means the importation of tobacco products
into the Estonian customs territory under the customs procedure “import for
free circulation” provided for in the Customs Act (RT I 1998, 3, 54; 1999, 86,
782; 97, 859; 102, 907); 6) “export” means the exportation of tobacco products
from the Estonian customs territory under the customs procedure “export”
provided for in the Customs Act; 7) “country of location of producer” means a country
where a tobacco product is packaged into the sales packaging. Chapter 2 Handling of Tobacco Products § 3. Requirements for sales
packaging (1) If tobacco products are produced in Estonia or
imported into Estonia, except in the case specified in subsection 8 (4) of this
Act, the following shall be printed or attached to the sales packaging of the
tobacco products being handled: 1) a health warning; 2) information concerning the tobacco products
contained in the sales packaging (the name and quantity of the tobacco
products, menthol yield, if any, and in the case of cigarettes, lack of a
filter); 3) in the case of cigarettes, the nicotine and tar
yield; 4) the lot number or the date of production which
enables identification; 5) the name and country of location of the producer,
and in the case of tobacco products manufactured on the basis of a licence,
additionally the name and seat of the holder of the licence; 6) other labelling established by law. (2) The entries provided for in clauses (1) 1) – 5) of
this section shall be printed on the sales packaging of cigarettes and Russian
cigarettes. (3) A trade mark which is similar to the trade mark used
for foodstuffs and products for children shall not be used on the sales
packaging of tobacco products. The labelling and shape of a packaging shall not mislead the consumer
with regard to the contents of the packaging. (4) Tobacco products the sales packaging of which does
not conform to the compulsory requirements are subject to seizure. (5) The provisions of subsection (4) of this section do
not apply to natural persons who possess, store or distribute tobacco products
the sales packaging of which does not conform to the compulsory requirements
for their own use in less than significant quantities. A significant quantity is a
quantity which exceeds the quantity of tobacco products permitted to be
imported by natural persons pursuant to the procedure prescribed in the customs
rules. (6) If a natural person possesses, stores or distributes
tobacco products the sales packaging of which does not conform to the
compulsory requirements for his or her own use in significant quantities, his
or her activity is deemed to be the possessing, storage or distribution of
tobacco products the sales packaging of which does not conform to the
compulsory requirements, with the aim of distribution thereof. § 4. Health warning (1) The sales packaging of smoking tobacco products
shall carry the following health warning in Estonian: ”SUITSETAMINE
KAHJUSTAB TERVIST!” [“SMOKING DAMAGES HEALTH!”]. (2) The sales packaging of chewing tobacco products
shall carry the following health warning in Estonian: ”TUBAKA
PRUUKIMINE PÕHJUSTAB VÄHKTÕBE!” [“USE OF TOBACCO CAUSES CANCER!”]. (3) The text of a health warning shall: 1) cover at least 4 per cent of the front and back
surface of the sales packaging of cigarettes, and at least 1 per cent of the
total surface of the sales packaging of other tobacco products; 2) be displayed under transparent wrapping upon
existence thereof; 3) be clearly visible, legible and on a contrasting
background; 4) not be printed in a place where it may be damaged
when the package is opened. § 5. Tar and nicotine yield of
cigarettes (1) The tar yield of cigarettes is the yield of raw
anhydrous nicotine-free condensate of smoke which shall be expressed in
Estonian, in milligrams rounded to the nearest whole number, as follows: “tõrva ….. mg” [“tar ….. mg”]. (2) The nicotine yield of cigarettes is the yield of
nicotinic alkaloids which shall be expressed in Estonian, in milligrams rounded
to decimals, as follows: “nikotiini …..
mg” [nicotine ….. mg]. (3) The cigarettes handled, except in the case set out
in subsection 8 (4) of this Act, shall not yield more tar than 12 mg and more
nicotine than 1.2 mg per cigarette. (4) Information concerning the tar and nicotine yield of
cigarettes shall cover at least 4 per cent of the side surface of the sales
packaging of cigarettes. § 6. Verification of yield of
tobacco products The Minister of Social Affairs shall establish the
procedure for measuring tar and nicotine yield of the cigarettes handled and
the tariffs, except in the case set out in subsection 8 (4) of this Act. § 7. Activity licence for
handling tobacco products (1) The purpose of an activity licence for handling
tobacco products (hereinafter activity licence) is to regulate the market of
tobacco products and to ensure fair competition and receipt of taxes. (2) Only undertakings which are entered in the
commercial register and which hold activity licences are permitted to engage in
the production of, wholesale trade in, and import and export of tobacco
products. (3) The classes of activity licence are: 1) activity licence for production of tobacco products; 2) activity licence for wholesale trade in tobacco
products; 3) activity licence for import and export of tobacco
products. (4) The Minister of Economic Affairs shall issue, amend and
revoke activity licences. (5) The issue or amendment of an activity licence shall
be decided within thirty days after the submission of a corresponding
application. A person who submits an application shall be
informed of the decision. (6) An activity licence shall set out: 1) the registration number and date of issue of the
activity licence; 2) the period of validity of the activity licence; 3) the name and postal address of the undertaking which
receives the activity licence; 4) the registry code of the undertaking; 5) the activity permitted by the activity licence
pursuant to this Act; 6) the addresses of all production buildings and
warehouses; 7) a reference to the agency which issued the activity
licence and the seal of the agency; 8) the name and signature of the Minister of Economic
Affairs or a minister performing his or her duties. § 8. Scope of activity licences (1) An activity licence specified in clause 7 (3) 1) of
this Act additionally grants the right to engage in wholesale trade in and export
of the tobacco products produced on the basis of the licence. An activity licence specified in clause 7 (3) 3) of this Act additionally
grants the right to engage in wholesale trade in tobacco products imported on
the basis of the licence. (2) An undertaking which holds an activity licence may
operate only at the place of business entered on the activity licence. Operation outside the place
of business entered on an activity licence is deemed to be operation without an
activity licence. This does not apply to a wholesaler who offers for sale or sells
tobacco products to the retailer at the place of business of the latter, if the
tobacco products supplied for retail trade or sold by the wholesaler are stored
at the place of business entered on the activity licence held by the
wholesaler. (3) If an undertaking engages in one type of activity at
several places of business, one activity licence which sets out all the places
of business shall be issued to the undertaking. (4) Travellers who are at least 18 years of age may
import and export tobacco products without activity licences pursuant to the
procedure and in the quantities prescribed in the customs rules. § 9. Term of activity licences Activity licences shall be issued for up to three
years. § 10. Display of activity licences A valid activity licence or a copy thereof which is
certified by the Ministry of Economic Affairs shall be displayed at places of
wholesale trade in tobacco products in a visible place. § 11. Issue of activity licences In order to obtain an activity licence, the
following shall be submitted to the issuer thereof: 1) an application which sets out, among other things,
the address of each place of business, and the name, official title and details
of the person responsible for the given activity; 2) a copy of the commercial registry card; 3) a certificate issued by a local Tax Board Office
concerning the absence of tax arrears or its consent for the issue of the
activity licence if the undertaking owes taxes and pays the taxes by instalments,
and the undertaking meets the schedule for payment of tax arrears, and if the
undertaking does not operate but is registered in the state register of
taxpayers and withholding agents; 4) upon issue of an activity licence specified in
clause 7 (3) 1) of this Act, a certificate issued by a local office of the
Rescue Board concerning the conformity of premises used for the production or
storage of raw material or finished products to fire safety requirements; 5) upon issue of an activity licence specified in
clause 7 (3) 1) of this Act, copies of documents which certify the right to use
the premises and equipment used for production; 6) upon issue of an activity licence specified in
clauses 7 (3) 1) and 3) of this Act, a certificate issued by the Customs Board
concerning the absence of tax arrears; 7) upon issue of an activity licence specified in
clause 7 (3) 1) of this Act, the designs of the sales packaging of tobacco
products to be handled which are in accordance with the requirements of trade
mark law; 8) upon issue of activity licences specified in clauses
7 (3) 2) and 3) of this Act, copies of agreements, authorisation documents and
other documents which prove the origin of the tobacco products to be handled; 9) upon issue of an activity licence specified in
clause 7 (3) 1) of this Act, a certificate issued by the Health Protection
Inspectorate concerning the conformity of premises and equipment used for
production to health protection requirements; 10) a document certifying the payment of state fees. § 12. Refusal to issue activity
licence An activity licence shall not be issued: 1) to a person whose activity licence is revoked on the
basis of subsection 15 (2) or (3) of this Act, and it is prohibited to issue a
new activity licence of any class within one year after entry into force of the
decision to revoke the activity licence; 2) if the applicant for the activity licence does not
submit the documents specified in § 11 of this Act or if the applicant submits
inaccurate information. § 13. Duty to notify issuer of
activity licences of change in data The holder of an activity licence shall give the
issuer of the activity licence written notice of a change in the name, official
title or details of a person responsible for the activity permitted by the
activity licence within ten working days. § 14. Amendment of activity
licences (1) An activity licence is subject to amendment on the
basis of an application of the holder of the activity licence, upon any
amendments to the data entered on the activity licence. (2) Upon merger or division of a company which holds an
activity licence, the rights prescribed on the activity licence transfer to the
acquiring company, in the case of merger, and to the company which receives the
place of business of the company being divided, in the case of division. (3) In the cases specified in subsection (1) of this
section, the issuer of an activity licence shall issue a new activity licence
of the same class and with the same expiry date as the activity licence to be
amended, for which no fee shall be charged, and the issuer of the activity
licence has the right to demand submission of the relevant documents specified
in § 11 of this Act. (4) The amendment of an activity licence shall be
refused if the undertaking which applies for the amendment of an activity
licence does not submit to the issuer of the activity licence the documents
requested by the latter or submits inaccurate information. § 15. Revocation of activity
licences (1) The issuer of activity an licence shall revoke the
activity licence if so requested by the holder of the activity licence. (2) The issuer of activity licences may revoke an
activity licence if, in the area of activity permitted by the activity licence,
the holder of the activity licence or the employee thereof: 1) fails to comply with the requirements for tobacco
products or the sales packaging thereof established by this Act; 2) fails to comply with the provisions of subsection 8
(2) of this Act; 3) fails to comply with the provisions of § 13 of this
Act; 4) fails to comply with the provisions of subsection 17
(3) of this Act; 5) fails to comply with Acts regulating taxes; 6) submits inaccurate information to the issuer of
activity licences upon application for issue or amendment of the activity
licence. (3) In addition to the cases provided for in subsection
(2) of this section, an issuer of activity licences may revoke an activity
licence if tobacco products the sales packaging of which does not conform to
the requirements or tobacco products marked with counterfeit or falsified
revenue stamps are stored at a place of business, regardless of the ownership
or quantity of such tobacco products. (4) A decision concerning revocation of an activity
licence shall be made within five working days after receipt of the
corresponding application or after other circumstances which constitute the
grounds for the revocation of the activity licence become known. (5) The decision to revoke an activity licence enters
into force on the fifth day after the date on which the decision is made. (6) The holder of an activity licence, and the Tax
Board, the Consumer Protection Board, the Police Administration and the Customs
Board shall be given immediate written notice of the decision to revoke the
activity licence. (7) The revocation of an activity licence extends to all
places of business entered on the activity licence. Whether a violation which is
the basis for revocation of the activity licence is established and documented
in relation to the given place of business or not is not relevant. (8) Upon revocation of an activity licence, the state
fee paid for issue of the activity licence shall not be refunded. § 16. Retail trade in tobacco
products (1) The retail trade in tobacco products is permitted on
the basis of an operating licence (trade licence) which is issued by an
executive body of a local government to a place of retail trade which is
located at the specified seat and has a notation concerning permission of
retail trade in the tobacco products. (2) A valid trade licence specified in subsection (1) of
this section or a copy certified by the issuer thereof shall be displayed in a
visible place at the place of sale. (3) The selling price of tobacco products shall be
displayed in a visible place at the place of sale together with a sample of the
goods or shall be set out in the menu. § 17. Requirements for and
restrictions on handling of tobacco products (1) The sale of tobacco products is prohibited: 1) to natural persons less than 18 years of age
(hereinafter minors), whereas the seller is required to demand identification
from the buyer if there are doubts concerning the age of the buyer, and to
refuse to sell tobacco products if the buyer fails to present such
identification; 2) by minors; 3) if the tobacco products do not have the accompanying
documents which contain the lot number or date of production thereof and the
number of the declaration of goods; 4) from automatic vending machines; 5) in rooms and territories where health care
institutions, educational institutions and sports establishments and facilities
are located; 6) in the case of cigarettes, in amounts less than the
sales packaging which contains twenty cigarettes; 7) by the piece (except cigars), by weight or out of
open sales packaging. (2) It is prohibited to offer tobacco products to minors
in whatever manner. (3) In the case of import or export of tobacco products
or wholesale trade in tobacco products on the basis of an activity licence, the
tobacco products shall be paid for by way of a non-cash settlement from the
bank account of the buyer to the bank account of the seller. (4) The handling of smokeless tobacco products, except
chewing tobacco, is prohibited. (5) The premises and equipment used for the production
of tobacco products shall be in the sole use of the producer of the tobacco
products. (6) It is prohibited to import tobacco products if the
initial transparent wrapper of the producer is removed from the sales packaging
of the tobacco products or is spoiled. (7) Tobacco products may be accepted for sale only from
undertakings which hold valid activity licences. (8) A declaration of goods prepared concerning the
import or export of tobacco products shall, in addition to other requirements
provided for in legislation, set out the lot number or the date of production
of the tobacco products, and the name of the tobacco products. Chapter 3 Requirements for Smoking Areas § 18. Restrictions on smoking (1) Smoking is prohibited in: 1) health care institutions and their designated
territories; 2) educational institutions and children’s social
welfare institutions and their designated territories; 3) state and local government agencies; 4) cultural establishments and facilities; 5) sports establishments and facilities; 6) commercial, manufacturing and service enterprises,
except mass caterers and accommodation establishments; 7) tunnels, passenger waiting rooms and public
transport vehicles which carry passengers; 8) corridors and stairwells which are in common use in
apartment buildings; 9) rooms which are in common use of the tenants in a
dwelling at the request of the owner. (2) In the places specified in subsection (1) of this
section, the owner, possessor or employer shall separate a special marked room
or area for smoking where necessary and possible. (3) Minors shall not consume tobacco products. (4) Regulation of smoking in mass caterers and
accommodation establishments shall be based on the following requirements: 1) visible and clear information concerning where
smoking is permitted or prohibited shall be displayed to the public in
businesses with one room where services are provided to the public; 2) upon permitting smoking, some rooms shall be
separated and marked for smokers, and smoking in other rooms shall be
prohibited in businesses with two or more rooms where services are provided to
the public. § 19. Requirements for separate
smoking rooms and areas (1) Smoking rooms shall be negatively pressurised. The air outflow in a room
shall be at least 8.4 l/s per square metre. If a
room is not used, the air outflow may be reduced to 25 per cent of normal air
renewal. (2) The air outflow ventilation system of a smoking room
shall be separate and continuous or connected to other continuously operating
air outflow systems by a separate duct. (3) Smoking areas may be separated in indoor premises
which have ventilation systems. The ventilation system of an area shall ensure the flow of air from the
non-smoking area to the marked smoking area and therefrom directly to the
outside environment. Chapter 4 Supervision and Liability § 20. Authorities exercising
supervision The following exercise supervision over compliance
with the requirements of this Act: 1) police officers (except security police officers),
officials of the health care authority and the Labour Inspectorate, over
compliance with the restrictions on smoking and the requirements for smoking
rooms and areas; 2) officials of the consumer protection authority,
police officers (except security police officers), taxation officials and officials
authorised by local government councils, over market supervision; 3) customs officials, over compliance of sales
packaging to the requirements provided for in §§ 3-5 of this Act upon import of
tobacco products. § 21. Competence of officials exercising
supervision Officials exercising supervision have the right to: 1) monitor compliance with the requirements of this Act
without hindrances and without giving prior notice; 2) enter the territory, buildings, structures and
premises of handlers of tobacco products, and open the means of transport
thereof; 3) demand immediate presentation of documents
concerning the handling of tobacco products, verify the documents on site,
receive transcripts or extracts of the documents, and confiscate documents relevant
to the just adjudication of the matter on the basis of a report on seizure; 4) take samples of tobacco products for laboratory
analysis without charge; 5) seal the storage facilities of or means of
transporting tobacco products and to seize tobacco products in the event of a
violation of this Act; 6) conduct proceedings in criminal matters or matters
concerning administrative offences in connection with failure to comply with
this Act, pursuant to the procedure provided for in specific Acts; 7) make a proposal concerning revocation of the
document which grants the right to handle tobacco products. § 22. Liability of natural persons (1) Natural persons shall bear disciplinary, civil,
administrative or criminal liability for violation of the requirements of this
Act, pursuant to the procedure provided by law. (2) Criminal or administrative liability imposed on a
natural person for violation of the requirements of this Act does not preclude
the imposition of administrative liability on a relevant legal person. § 23. Liability of legal persons (1) A fine in the amount of 25 000 to 250 000 kroons
shall be imposed and tobacco products which are the direct object of an offence
shall be seized regardless of ownership or quantity thereof if a legal person
fails to comply with the requirements for handling tobacco products provided
for in this Act, except in the cases specified in subsection (2) of this
section. (2) If a legal person: 1) fails to comply with the restrictions established on
smoking or 2) fails to comply with the requirements established on
smoking rooms and areas or 3) permits a minor to trade in tobacco products or 4) sells tobacco products to minors, a fine of between 1 000 and 10 000 kroons shall be
imposed. § 24. Proceedings in matters
concerning administrative offences of legal persons (1) Officials specified in § 20 of this Act have the
right to prepare reports on administrative offence matters provided for in § 23
of this Act. (2) Administrative offence matters specified in
subsection 23 (1) of this Act shall be heard by administrative court judges,
and administrative offence matters specified in subsection 23 (2) shall be
heard by officials specified in clause 189 (2) 1), subsection 200 (2),
subsection 205 (3) or subsection 207 (2) of the Code of Administrative Offences
(RT 1992, 29, 396; RT I 1999, 41, 496; 45, correction notice; 58, 608; 60, 616;
87, 792; 92, 825; 95, 843; 2000, 10, 58; 25,141; 28,167; 29, 169; 40, 247; 49,
301 and 305; 51, 321; 54, 346, 348 and 351; 55, 361). (3) Proceedings in administrative offence matters of
legal persons, including the imposition and contestation of punishment and
enforcement of an administrative punishment entered into force, shall be
effected pursuant to the procedure prescribed in the Code of Administrative
Offences and the Code of Enforcement Procedure (RT I 1993, 49, 693; 1997,
43/44, 723; 1998, 41/42, 625; 51, 756; 61, 981; 103,1695; 1999, 18, 302; 27,
380; 95, 845; 2000, 28,167; 35, 222) unless otherwise provided for in this Act. (4) A fine which is imposed on a legal person on the
basis of a report prepared by an official authorised by a local government
council concerning an administrative offence of the legal person shall be paid
into the budget of the local government of the place where the administrative
offence is committed. § 25. Report concerning
administrative offence of legal person (1) The report concerning an administrative offence
shall indicate: 1) the time and place of preparation of the report; 2) the name and address of the agency in whose name the
report is prepared; 3) the given name, surname and official title of the
person who prepares the report; 4) the name and address of the administrative offender; 5) the given name, surname and position of the
representative of the administrative offender; 6) the date, place and description of the
administrative offence; 7) a reference to the provision of law which prescribes
liability for the administrative offence; 8) the explanation of the representative of the
administrative offender; 9) a notation concerning the fact that the
representative of the administrative offender has been informed of his or her
right to receive legal assistance; 10) other information necessary for the just
adjudication of the matter concerning the administrative offence. (2) The report concerning an administrative offence
shall be signed by the official who prepares the report and the representative
of the administrative offender. (3) If the representative of an administrative offender refuses to sign the report concerning the administrative offence, the person who prepares the report shall make a corresponding notation to the report. |
