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Resources on Tobacco Control
Hungarian Legislation on Tobacco Control
4/1980 Decree of the Minister of Internal Affairs is banning smoking in public places where it could provoke fire or explosion
Act nr. XI/1991 on the organisation of the National Public Health and Medical Officer Service (NPHMOS). The NPHMOS is responsible for monitoring and publishing data on the health of the population and changes in environmental, lifestyle-related and other factors influencing health
Regulations of the trade of tobacco products:
16/1968 Decree on producing, manufacturing, distribution trade and taxation of tobacco:
The production, manufacturing, distribution and sale, export of tobacco products is a state monopoly.
It can be put into circulation (distributed) only tobacco products manufactured in Hungary by designated companies or imported from abroad and distributed by licensed Hungarian distributors.
The distributors can be: top-quality shops of the manufaturers, tobacconists, greengrocers, supermarkets, restaurant owners.
36/1996 Decree of the Minister of Welfare, Education and Agriculture on the production, distribution, warning labelling and quality control of tobacco products.
1. Conditions for tobacco manufacturing
Contains statement on the elaboration of licenses for tobacco manufacturers, the criteria for raw tobacco to be manufactured, permitted aggregates and other constituents, etc.
2. Quality requirements
The tar content of the cigarettes mustn’t exceed
- 20 mg until 31/12/1998
- 18 mg until 31/12/1999
- 15 mg until 31/12/2000,
- and 12 mg until 31/12/2006.
(It means that Hungary must require derogation with regard to the 90/239/EEC directive (1990), which specified the upper limit of the tar content for cigarettes as follows:
- 15 mg from 31/12/1992
- and 12 mg from 31/12/1997.
In Greece, the limits are the followings:
- 20 mg until 31/12/1992
- 18 mg until 31/12/1998
- 15 mg until 31/12/2000
- and 12 mg until 31/12/2006)
3. Packing and warning labelling of tobacco products
Only the upper limit of the number of cigarettes is mentioned in this decree (max. 50 cigarettes).
The nicotine and tar content of the cigarettes must be published on the narrower side of the package und must cover 4% of the surface of this side.
The general warning ( Smoking seriously damages your and your environment’s health) must cover 4% of the front side and the rotating warning 4% of the back side of the package in a place where it cannot be removed or injured when the package is opened. There are 11 possiblities for rotating warnings:
- Tobacco causes cancer.
- Tobacco causes cardiovascular disease.
- Tobacco causes death.
- Tobacco causes deadly disease.
- The smoking of pregnant women damages the health of the baby.
- Prevent your children to breath your smoke.
- Tobacco dangers your fellow’s health.
- Quitting smoking decrease the possibility of serious health damages.
- Smokers will die earlier than non-smokers.
- Don’t smoke if you want to stay healthy.
- Smoking causes addiction.
4. Rules for distribution
Tobacco products can only be saled in original package.
5. Quality control for tobacco products
The quality of tobacco products must be controlled by the manufacturer.
The tar and nicotine content of the cigarettes must be determined according to the ISO 4387, ISO 3400 and ISO 8243 standards.
This decree entered into force in 21 december, 1996.
the Law on advertisement passed by the Hungarian Parliament on 24 July, 1997 and came in force on the 1st of September, 1997
SECTION: General Bans and Limitations in Advertising
4.§
-
- Prohibits the publication of an advertisement, if it is stimulating behaviours which is detrimental to the environment or the nature
5.§
- Prohibits the publication of an advertisement, which is targeting children or youth, and
- is detrimental to their physical, intellectual or moral development
12.§
- Prohibits the advertising of tobacco products or alcoholic beverages
- in publications which speaks primarily to children or youth,
- in the title-page of a publication,
- in theatres and cinemas before 8.00. p.m. or before and immediately after programmes for children or youth,
- on games or their packages,
- in educational or health institutions and within 200 metres distance of their entrance.
- Prohibits the publication the advertisement of a tobacco product or alcoholic beverage, if it
- is targeting children or the youth,
- shows children or youth,
- stimulate tobacco and alcohol abuse.
- Prohibits the publication of a tobacco advertisement, if it
- represents smoking as a healthy activity,
- shows persons who smoke,
- use the photos or declarations of well known stars of movies, music and other entartainments.
13.§
- On the bottom of the advertisement of a tobacco product in publications or billboards must be published the general warning "The smoking seriously damages your health and the health of persons in your environment" as well as informations on the nicotine and tar content of the tobacco product (21§ (2) the latter is obligatory from 31 December, 1998).
- The advertisement must contain the warning and the informations on nicotine and tar levels well legible, printed in horizontal direction, raised out from its background, on billboards in Hungarian language and in publications in the language of the publication.
- The warning will cover 10% of the surface of the advertisement. The coverage will be of 20%, if the warning is published in two or more languages.
15.§
- The control for keeping the rules and conduction of the proceedings in the cases of infringements are carrying out by the National Inspectorate for Consumer`s Protection.
the bill on
"The protection of the rights of non-smokers and on the prevention of health damages related to smoking"
will be debated by the Parliament in February, 1999
Main points:
1. basic regulations on the use of tobacco products
- smoking is prohibited - with the exception of designed areas (the bill describes the characteristics - e.g. requested air-freshing facilities - of these areas, smoking rooms, too) in
- indoor places of public institutions opened for the public
- public vehicles (e.g. trains)
- workplaces, the local policies guided by the employers regulations
- smoking is prohibited and areas for smoking cannot be designed in
- health care units, in places opened for patients
- educational institutions, in common places opened for students
- local public vehicles
- smoking is not restricted in
- institutions of entertainment and catering units, where warm and cool meals are not served
- smoking is prohibited for persons under 18 years old in public places and public transport facilities
2. restrictions on the distribution and sale of tobacco products
- the sale of tobacco products is prohibited in educational, social institutions, health care units and in tobacconists' within 200 metres of their neighbourhood
- version a.:
the sale of tobacco products is prohibited to youth under 14 years of age in retail sales and youth under 18 years of age in restaurants
- version b.:
is prohibited to sale tobacco products for youth under 18 years of age.
- tobacco products cannot be distributed as free samples.
- tobacco products can only be distributed if the warning labels are published on it and the warnings cover 10% of the front and back side of the package
- tobacco products must be hold separately from other products in retail sales
The fees involved by the infringement of these regulations must be paid for a separated account current of the mow and used for health promoting activities
Act CIII/1997 for excise taxes and taxation of harmful products
- prohibits the sale of single cigarettes
- prohibits the sale of tobacco products through vending machines
- regulates the steps of the tax harmonisation process with the EU standards on tobacco and alcohol taxation
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