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The original act (693/1976) and the latest amendment (487/1999)
Issued in Helsinki on 13 August 1976. CHAPTER 1 General provisions Section 1 This Act prescribes measures aimed, through the reduction of tobacco smoking (smoking), at preventing origination of the dangers and harms to health caused by smoking, or whose risk of origination smoking increases. There are separate provisions on the excise duty on tobacco and its assessment. CHAPTER 2 Scope of application Section 2 (23.10.1992/953) For the purposes of this Act,
3a) orally used tobacco refers to products manufactured entirely or partially from tobacco which are in the form of powder or some other form of the components of the substance, or a combination thereof, excluding products intended for smoking or chewing; (19.8.1994/765) Section 3 In addition to what is provided in this Act,
Section 4 (17.1.1991/106) This Act is not applicable to tobacco substitutes which are considered pharmaceuticals or toxicants. CHAPTER 3 Composition and quality control (23.10.1992/953) Section 5 The Council of State may issue regulations on those substances dangerous or harmful to health which tobacco products may not contain and which may not originate when tobacco products are smoked. The Council of State shall determine the maximum permissible amounts of dangerous and harmful substances other than those referred to in paragraph 1 contained in tobacco products or originating from the smoking thereof. The Council of State may order that what is provided in paragraphs 1 and 2 for tobacco products shall be observed, as appropriate, also concerning smoking accessories. Tobacco intended for oral use as referred to in section 2, subparagraph 3 a, shall not be commercially sold or otherwise assigned (19.8.1994/765). See Council of State Decision 1503/1992. Section 6 (23.10.1992/953) The manufacturer or importer of tobacco products or smoking accessories is responsible for assessing the content of substances dangerous or harmful to health referred to in section 5 contained in tobacco products intended for commercial sale or other assignment, and for controlling the quality of the said products and smoking accessories. The amounts of tar and nicotine produced during the smoking of a cigarette must have been assessed by a qualified laboratory before the product in question is released for retail sale. The manufacturer or importer of cigarettes shall annually notify the National Product Control Agency for Welfare and Health of the tar and nicotine content of commercially sold cigarettes. (9.4.1999/487) More detailed provisions concerning delivery of the notification referred to in paragraph 3 and the methods for assessing tar and nicotine content shall be laid down by the competent ministry. (9.4.1999/487) CHAPTER 4 Sales and advertising Section 7 (9.4.1999/487) The manufacturer or importer of a tobacco product shall, prior to the commercial sale or other assignment of such a product, furnish its retail package with a warning of the harms to health caused by tobacco, as well as of the amounts of tar and nicotine that arise when smoking a cigarette, in accordance with more specific provisions laid down by decree. The competent ministry may issue more detailed regulations concerning the warnings to be attached to retail packages referred to in paragraph 1. What is separately provided concerning labelling regarding excise duty shall apply to retail package markings. It may be laid down by decree that what is provided above in this section concerning tobacco products shall also be observed, as appropriate, with regard to the sale or other assignment of smoking accessories. The provisions of this section and of sections 5 and 6 shall not apply to tobacco products or smoking accessories which are exported, nor to the sale of tobacco products or smoking accessories on board a vessel or aircraft in international traffic or their sale in a tax-free shop on board such a vessel or at an airport. Section 8 Advertising, whether direct or indirect, of tobacco products is prohibited. The sales promotion of tobacco products through the advertising of other commodities by exploiting the established symbol of a tobacco product or an altered but identifiable version thereof, or which otherwise creates an impression of a particular tobacco product, is specifically considered to constitute indirect advertising of tobacco products. What is provided above concerning tobacco products shall also apply to tobacco, tobacco imitations and smoking accessories. What is provided above concerning advertising shall also apply to other sales promotion activity. (19.8.1994/765) What is provided in paragraph 1 shall not, however, apply to advertisements in foreign printed publications whose main purpose is not the advertising of tobacco, tobacco products or imitations, or smoking accessories. The provisions of paragraph 1 notwithstanding, an importer or a manufacturer of tobacco, tobacco products and imitations and smoking accessories may, in its marketing activity, provide parties engaged in the sale of the said products with information on price, composition, properties and manufacture and with other corresponding product information. More detailed provisions concerning the content of product information may be laid down by decree. (19.8.1994/765) Section 9 Associating tobacco, tobacco products or smoking accessories with the sale or assignment of other products or provision of services is prohibited.
Section 10 Tobacco products or smoking accessories may not be commercially sold or otherwise assigned to persons under the age of eighteen. A business entrepreneur selling tobacco products or smoking accessories shall at his or her own expense draw up and implement a plan for own control in order to prevent assignment of tobacco products and smoking accessories to persons under the age of eighteen. (9.4.1999/487) The competent ministry shall issue more detailed provisions on the drawing up, content and implementation of the own control plan. (9.4.1999/487) Section 10 a (9.4.1999/487) Orally used tobacco shall not be commercially imported, sold or otherwise assigned. Tobacco products shall not be sold at a customs auction. Section 11 Tobacco products may not be sold from automatic vending machines elsewhere than in restaurants which have been granted a licence to sell alcoholic beverages, or on other sales premises where such sales from a machine are under supervision. Section 11 a (9.4.1999/487) Ambient tobacco smoke is a carcinogen. In regard to protecting from it at work shall apply what is provided in the Occupational Safety and Health Act (299/1958) and in the statutes and regulations issued in virtue of it, unless otherwise prescribed in this Act. CHAPTER 5 Protecting the population from health harms caused by ambient tobacco smoke Section 12 (19.8.1994/765) Smoking is prohibited
Section 13 (19.8.1994/765) The proprietors of indoor premises or public means of transport referred to in section 12 and the organisers of public events may, however, allow smoking in a room intended for this purpose or in part of the facilities or space as long as no tobacco smoke can enter those indoor premises where smoking is prohibited. A separate room or other space for smoking shall not, however, be located in conjunction with indoor premises primarily used by persons under the age of eighteen. Contrary to what is provided in section 12, subparagraphs 2 and 5, smoking can be allowed in rooms for accommodation in hotels and corresponding establishments, as well as in restaurants and corresponding establishments whose serving area is not larger than 50 m2. On premises with a larger serving area, an area of maximum 50 per cent can be reserved for smokers. In that case it has to be seen to it, however, that tobacco smoke is not spread to the area where smoking is prohibited. The restaurant premises in the same hotel and the restaurant premises that are open at the same time are regarded as one and the same restaurant. By serving area is meant an area reserved for eating the food or drinking the drinks served there. (9.4.1999/487) Following negotiation with employees or their representative, employers are required to prohibit or restrict smoking so that employees are not involuntarily exposed to tobacco smoke on any work premises at the workplace where smoking is not prohibited under section 12, subparagraph 5. What is provided in section 12, subparagraph 5, and in paragraph 3 of this section on the prohibition and restriction of smoking on common and work premises at workplaces shall not apply to any work premises which are located in the home of the worker or the business entrepreneur or other professional, or to other work premises in the exclusive use of persons belonging to the same family and others living in the same household. The proprietors of indoor premises and organisers of public events referred to in section 12 above, or the proprietors of space intended for smoking referred to in paragraph 1 of this section shall put up signs indicating where smoking is prohibited and where smoking is allowed. More detailed provisions concerning such signs and their placement may be laid down by decree. Section 13a (19.8.1995/765) Any person who smokes in a means of public transport or on indoor or outdoor premises where this is prohibited under the provisions of section 12 or 13, and who does not discontinue such smoking despite being asked to do so, may be removed from the means of public transport or indoor or outdoor premises by the proprietor of the vehicle or a member of the transport personnel, the organiser of the public event or the proprietor of the indoor or outdoor premises in question or his representative, unless such removal can be considered unreasonable. CHAPTER 6 Direction and supervision Section 14 (9.4.1999/487) The general direction and guidance of compliance with this Act and the provisions and regulations issued under it is the responsibility of the competent ministry, while supervision is the responsibility of the National Product Control Agency for Welfare and Health. The National Product Control Agency for Welfare and Health shall guide the Provincial State Offices in managing the duties assigned to them under this Act. The National Product Control Agency for Welfare and Health shall supervise the compliance with the provisions of sections 5 - 9 concerning the composition and quality control of tobacco products, as well as their sale and advertising. The Provincial State Office shall within its territory guide municipalities in the enforcement of the provisions and regulations issued in virtue of this Act. Within their territory, local authorities shall supervise the compliance with this Act and the provisions and regulations issued under it. Within the territory of a municipality the duties under this Act shall be managed by an organ appointed by the municipality. The municipal council may decide that the organ can shift its powers to an office-holder. The Act on Planning and Government Grants for Social Welfare and Health Care (733/1992) shall be applied to the activities arranged by local authorities in virtue of this Act, unless otherwise provided elsewhere in the law. Unless otherwise provided in this Act, compliance with the provisions on prohibiting and restricting smoking at workplaces laid down in section 12, subparagraph 5, and in section 13, paragraph 3, shall be supervised by the occupational safety and health authorities in accordance with the relevant provisions of the Act on the Supervision of Occupational Safety and Health and Appeal Procedure in Matters concerning Occupational Safety and Health (131/73). The Customs shall supervise the compliance with the ban on import referred to in section 10 a, paragraph 1, of this Act. At public events, compliance with the provisions laid down in section 12, subparagraph 3, of this Act shall be supervised by the police. Section 15 For the purpose of issuing opinions and taking initiatives, an advisory committee may assist the Ministry of Social Affairs and Health with questions of principle with far-reaching implications related to the reduction of smoking. (3.8.1992/768) More detailed regulations on said advisory committee will be issued by the Council of State. Section 16 For the purpose of supervising the compliance with this Act and the provisions and regulations issued under it, a representative of an authority as referred to in section 14 shall have a right of access to the manufacturing, packaging, storage and sales facilities of the tobacco product or smoking accessory in question. For the purpose of inspection, the said authority and the customs authorities shall have a right of access to information on tobacco, tobacco imitations, tobacco products and smoking accessories free of charge by the manufacturer or importer. Section 17 (9.4.1999/487) On their own initiative or on the basis of notifications made, local authorities shall carry out inspections of facilities for storing and selling tobacco products, and supervise the sale of tobacco products and smoking accessories and related own control, advertising and other sales promotion of tobacco products and imitations and smoking accessories, and the compliance with prohibitions and restrictions on smoking within their territory. If activities contrary to provisions or regulations are observed in an inspection or otherwise, the local authority shall prohibit the activity contrary to provisions or regulations, and set a time limit within which such activity shall be terminated. If the irregularity has not been remedied within the set time limit or if the activities in violation of the provisions referred to in the prohibition have continued or been renewed after the said period, the local authority shall inform:
Section 18 (8.12.1994/1148) On the basis of advertising of tobacco products, tobacco imitations or smoking accessories or other sales promotion contrary to section 8 or 9, the National Product Control Agency for Welfare and Health may forbid the commissioner of the advertising or sales promotion, the party carrying out said activity, and anyone in their employ from continuing and renewing the procedures contrary to provisions. The National Product Control Agency for Welfare and Health may prohibit the manufacturer or importer of tobacco products or smoking accessories, or other business entrepreneur from engaging in the commercial sale or other assignment of a product if the product or its retail package is contrary to section 5 or section 7, paragraphs 1 and 2, or if the nicotine and tar contents of cigarettes have not been assayed according to section 6, paragraph 2, or if a notification on said contents according to section 6, paragraph 3, has not been made. The National Product Control Agency for Welfare and Health may require the manufacturer or importer referred to in paragraph 2 to withdraw a tobacco product or smoking accessory from the market within a time limit set by said Agency. Section 19 (8.12.1994/1148) If the procedure continued or renewed as referred to in section 18, paragraphs 1 and 2, is of such nature or significance that it needs to be urgently prevented, the National Product Control Agency for Welfare and Health may issue a temporary prohibition before final settlement of the matter. The temporary prohibition order takes force immediately and may be cancelled prior to the final settlement. Section 20 (9.4.1999/487) In deciding on the prohibition referred to in section 18, paragraphs 1 and 2, and section 19 the National Product Control Agency for Welfare and Health may require the party receiving the prohibition to carry out a rectification within a time limit and in a way set by said Agency, if this is considered necessary with regard to the evident harmfulness of the procedure contrary to provisions. The National Product Control Agency for Welfare and Health or a local authority may reinforce a prohibition or order issued under the provisions of this Act by a conditional fine or by the threat that any action not taken within the time limit laid down will be carried out at the defaulter’s expense. Unless otherwise provided in this Act, what is laid down in the Act on Conditionally Imposed Fines (1113/90) shall be applied to the conditional fines and threat of performance at the defaulter’s expense imposed under the provisions of this Act. Section 21 (8.12.1994/1148) A prohibitive decision or temporary prohibition order issued by the National Product Control Agency for Welfare and Health on the basis of advertising or other sales promotion contrary to section 8 or 9, or on the basis of a tobacco product retail package contrary to section 7, paragraph 1 or 2, or a conditional fine or conditional threat of performance at the defaulter’s expense imposed by said Agency to reinforce them may not be appealed. A decision on conditional fine or threat of performance at the defaulter’s expense issued by a local authority or an officeholder referred to in section 14, paragraph 4, in order to reinforce compliance with the instructions in a matter referred to in paragraph 1 may not be appealed. A party on whom a conditional fine or threat of performance at the defaulter’s expense has been imposed may, upon application, place the matter before the National Product Control Agency for Welfare and Health for processing within 14 days of receiving notice of the instructions. The party receiving a decision from the National Product Control Agency for Welfare and Health may place the matter further before the Market Court according to what is provided in paragraph 3. (9.4.1999/487) A party whom the National Product Control Agency for Welfare and Health has issued a prohibitive decision or a temporary prohibition order as referred to in paragraph 1 or imposed a conditional fine or threat of performance at the defaulter’s expense may, upon application, place the matter before the Market Court within 30 days of receiving notice of the decision or order. Upon the application of the party imposing the conditional fine or threat of performance at the defaulter’s expense, the Market Court shall decide whether to order a conditional fine to be paid or to enforce a threat of performance at the defaulter’s expense imposed by a local authority or the National Product Control Agency for Welfare and Health in the matter referred to in paragraph 1. Upon the application of the imposing party, the provincial court shall decide whether to order a conditional fine to be paid or enforce a threat of performance at the defaulter’s expense imposed by the National Product Control Agency for Welfare and Health in the case of a party violating sections 5 and 6, and those imposed by a local authority in the case of a party violating sections 10, 11 and 12 or section 13, paragraph 1. (9.4.1999/487) CHAPTER 7 Research, monitoring, and activities to reduce smoking Section 22 (3.8.1992/768) The Ministry of Social Affairs and Health shall be responsible for monitoring of and research on the effects of the measures laid down in this Act and of changes in the retail prices of tobacco products, and for directing and coordinating the research and development necessary in order to reduce the dangers and harms to health originating from smoking. Section 23 The competent ministry and the Provincial State Office under it shall:
Section 24 (9.4.1999/487) On the local level, local authorities shall be responsible for activities aimed at reducing smoking. Local authorities shall see to it that sufficient quantities of the materials referred to in section 23 are available to non-governmental organizations, educational institutions and others in need of such material within their territory. CHAPTER 8 Costs Section 25 (23.10.1992/953) The manufacturer or importer of tobacco products shall be responsible for the costs incurred in assaying the substances harmful to health contained in tobacco products and for those incurred in quality control. The manufacturer or importer of tobacco products shall also be responsible for the costs incurred in withdrawing a tobacco product from the market as referred to in section 19, paragraph 3. Section 26 Section 26 has been repealed by Act 23.10.1992/953. Section 27 Each year the national budget shall contain an appropriation corresponding to at least 0.45% of the estimated annual revenues from tobacco tax. (14.12.1984/910) The appropriation referred to in paragraph 1 shall be used for combating smoking, for health education, and for the research, monitoring and activities aimed at reducing smoking that support health education as referred to in chapter 7, according to a disposal plan ratified annually by the competent ministry. When preparing and implementing the disposal plan the expertise of the authorities and institutions of the relevant administrative sector and other expertise in the field can be made use of. (9.4.1999/487) CHAPTER 9 Access to information (21.5.1999/681) Section 28 (9.4.1999/487) For the supervision of compliance with this Act and the provisions and regulations issued in virtue of it the authority referred to in section 14 of this Act has the right:
Unless the samples, information, reports, documents and other material referred to in paragraph 1, subparagraphs 2 and 3, are submitted within a set time limit, the authority referred to in section 14 may demand them under penalty of a fine. A conditional fine shall be ordered to be paid by a court of general jurisdiction at the request of the authority referred to in section 14. Section 29 The information and material referred to in section 28 may be brought to the notice of the advisory committee referred to in section 15. Section 30 Section 30 has been repealed by Act 21.5.1999/681. Section 30 a (9.4.1999/487) The authority referred to in section 14 of this Act has the right to receive executive assistance from other authorities in order to be able to supervise compliance with and to enforce this Act and the provisions and regulations issued in virtue of it. CHAPTER 10 Consequences Section 31 (19.8.1994/765) Any party advertising tobacco, a tobacco product, a tobacco imitation or a smoking accessory, or engaging in other sales promotion for these products, or otherwise acting contrary to sections 8 and 9, shall be sentenced to a fine for a tobacco marketing violation. Any party advertising tobacco, a tobacco product, a tobacco imitation or a smoking accessory, or engaging in other sales promotion for these products, or otherwise acting contrary to sections 8 and 9, in a way that even judged as a whole may be considered serious, due to how the procedure is carried out, the age or size of its target group, or the financial benefit gained from the procedure shall be sentenced to a fine or to imprisonment not exceeding two years for a tobacco marketing offence. Any party who contrary to section 10 a engages in commercial sale or other assignment of orally used tobacco, or contrary to the prohibition issued by the National Product Control Agency for Welfare and Health or a local authority continues to engage in commercial sale or other assignment of tobacco products or smoking accessories contrary to section 6, paragraphs 2 or 3, or section 7, paragraphs 1 and 2, shall be sentenced to a fine for sale of a tobacco product contrary to the Act on Measures to Reduce Tobacco Smoking. (9.4.1999/487) Any party who, contrary to the prohibition issued by a local authority, repeatedly violates the provisions of section 10 or 11, shall be sentenced to a fine for a tobacco selling violation. (9.4.1999/487) The official prosecutor may raise charges on an act referred to in paragraphs 1 - 3, except for commercial sale or other assignment of orally used tobacco, only if notified by the National Product Control Agency for Welfare and Health, and on an action referred to in paragraph 4 only if notified by a local authority. (9.4.1999/487) Section 32 (19.8.1994/765) Any party who continues to smoke on indoor or outdoor premises where smoking is prohibited under the provisions of section 12, subparagraphs 1-4, despite an objection from the proprietor of the means of public transport, indoor or outdoor premises in question, or their representative, or the organiser of a public event or a person acting as a steward shall be sentenced to a fine for a smoking violation. The proprietor of a means of public transport or of indoor or outdoor premises or his representative, or the organiser of a public event, as referred to in section 12, subparagraphs 1-4 above, who repeatedly allows smoking on indoor or outdoor premises where it is prohibited, or fails to take action as required by instructions issued by a local authority in order to prevent tobacco smoke from spreading into indoor premises where tobacco smoking is prohibited shall, unless the failure can be considered insignificant, be sentenced to a fine for failing to take protective measures required by the Act on Measures to Reduce Tobacco Smoking. The official prosecutor may raise charges on an act referred to in paragraph 1only if notified by the proprietor of the means of public transport or indoor or outdoor premises, the manager of a public event or their representative or the police, and on an act referred to in paragraph 2 only if notified by a local authority. (9.4.1999/487) Section 33 (21.5.1999/681) Section 33 has been repealed by Act 21.5.1999/681. Section 34 Any financial benefit gained by the perpetrator of a crime referred to in section 31, or by the party on behalf of whom or for whom the perpetrator has acted, shall be declared forfeit to the State. If the benefit cannot be accurately calculated, it must be estimated, considering the nature and extent of the activity. The assets or asset value in the case of which the provisions referred to in section 31 have been violated shall be declared forfeit to the State in full or in part unless such forfeiture is excessive considering the insignificance of the violation. CHAPTER 11 Appeal Section 35 Decisions of administrative authorities referred to in this Act may be executed irrespective of appeal. The appeal authorities are, however, entitled to prohibit or suspend the execution of a decision until the appeal is legally settled. Matters pertaining to issue of the prohibitions referred to in this Act may be taken up for reconsideration if special justifiable cause exists. CHAPTER 12 Miscellaneous provisions Section 36 More detailed provisions pertaining to the execution and application of this Act and to questions concerning the origin, type, method of manufacture, composition, quality and other health-affecting factors of tobacco, its substitutes, tobacco products and smoking accessories will be laid down by decree. See the Decree on Measures to Reduce Tobacco Smoking 225/77. Section 37 Section 37 has been repealed by Act 8.12.1994/1148. Section 38 This Act enters into force on 1 March 1977. Tobacco products and smoking accessories retailed prior to this Act taking force may, however, be marketed and otherwise assigned for one year after this Act becomes effective, notwithstanding the provisions of sections 5, 6, 7, 8 and 9. Measures necessary for the implementation of this Act may be taken before its entry into force. As an exception to what is provided in paragraph 1 of section 27, the sum appropriated in the 1977 budget will be used during 1977 for combating smoking, for the research, follow-up and information and education activity referred to in chapter 7, and for purchasing the equipment needed to supervise compliance with this Act. (31.12.1976/1147) Entry into force and application of the amended provisions: 9.4.1999/487: This Act enters into force on 1 March 2000. Section 11 a of the Act however enters into force on 1 July 2000. Without prejudice to what is provided in section 13, paragraph 2, of this Act concerning reserving a serving area of a restaurant or corresponding establishment for smokers, a maximum of 70 per cent of the serving area, and on premises not larger than 100 m2 the whole of the serving area, can be reserved for smokers until 1 July 2001. If the simple structural measures and measures related to ventilation implemented in a restaurant or corresponding establishment in use at the entry into force of this Act do not sufficiently hinder tobacco smoke from spreading to the area where smoking is prohibited, necessary structural alterations and alterations improving ventilation that involve considerable costs can be implemented without prejudice to section 13, paragraph 2, until 1 July 2003. Measures necessary for the implementation of the Act can be undertaken before its entry into force. 21.5.1999/681: This Act enters into force on 1 December 1999. Contents |