Chapter
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12General provisions
§1
This Act prescribes measures aimed, through the reduction of tobacco-smoking (smoking), at preventing origination of the dangers and injuries 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.
Area of application
§2
(23.10.1992/953)In this Act,
§3
In addition to what is provided in this Act,
§4 (17.1.1991/106)
This Act is not applicable to tobacco substitutes which are considered pharmaceuticals or toxic substances.
Composition and classification (23.10.1992/953)
§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 determines 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 3a, may not be commercially sold or otherwise assigned (19.8.1994/765).
§6 (10.10.1992/953)
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 supervising the quality of the said products.
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 a cigarette must annually notify the Ministry of Social Affairs and Health of the tar and nicotine content of commercially sold cigarettes.
More detailed provisions concerning delivery of the notification referred to in chapter three and the methods for assessing tar and nicotine content will be laid down by decree.
Sales and advertising
§7
The manufacturer or importer of a tobacco product shall, prior to the commercial sale or other assignment of such a product, include on the retail package a warning of the health risks caused by tobacco in accordance with more specific provisions laid down by decree (23.10.1992/953).
The Ministry of Social Affairs and Health may issue more detailed regulations concerning the warnings to be made on retail packages referred to in paragraph 1 (23.10.1992/953).
What is separately provided concerning labelling regarding excise duty applies to retail package markings.
See Act on Tobacco Tax 1470/94.
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.
See A 225/77.
The provisions of this section and of sections 5 and 6 do not apply to tobacco products or smoking accessories which are exported nor to the sale or assignment of tobacco products or smoking accessories imported under section 90, subparagraph 21, of the Customs Act (271/39) from a victualling store as referred to in section 65 of the said Act, or from a tax-free shop as referred to in section 65a of the said Act.
§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, a tobacco imitation 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 sale of the said products with information on price, ingredients, 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)
§9
Associating tobacco, tobacco products or smoking accessories with the sale or assignment of other products or provision of services is prohibited.
§10 (19.8.1994/765)
Tobacco products or smoking accessories may not be commercially sold or otherwise assigned to persons under eighteen years of age.
§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 premises where such sales from a machine are under supervision.
Protecting the population from health risks caused by ambient tobacco smoke (19.8.1994/765)
§12 (19.8.1994/765)
Smoking is prohibited
§13 (19.8.1994/765)
The proprietors of indoor premises or public means of transport referred to in section 12 above and the arrangers 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 may not, however, be located in conjunction with indoor premises primarily used by persons under the age of eighteen.
What is provided in subparagraph 2 or 5 of section 12 concerning the prohibition of smoking on public premises or at workplaces shall not apply to those premises of restaurants and other corresponding establishments or to those restaurant and eating premises and rooms for accommodation in hotels and in other accommodation establishments which are intended for clients. The proprietors of such establishments or their representatives may prohibit or restrict smoking on said premises and provide smoke-free rooms and premises for clients.
Following negotiation with employees or their representative, employers are required to prohibit or restrict smoking so that employees are not unwillingly subjected to tobacco smoke on any working premises at the workplace where smoking is not prohibited under subparagraph 5 of section 12.
What is provided in subparagraph 5 of section 12 and paragraph 3 of this section on the prohibition and restriction of smoking in 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 arrangers 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 must put up notices indicating where smoking is prohibited and where smoking is allowed. More detailed provisions concerning such notices and their placement may be laid down by decree.
§13a (19.8.1995/765)
Any person who smokes in a means of public transport or in an indoor or outdoor space 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 space by the proprietor of the vehicle or a member of the transport personnel, the arranger of the public event or the proprietor of the space in question or his representative, unless such removal can be considered unreasonable.
Control and supervision
§14 (19.8.1994/765)
The general management and control of compliance with this Act and the rules and regulations issued under it are the responsibility of the Ministry of Social Affairs and Health, and supervision is the responsibility of the National Product Control Agency for Welfare and Health, which operates subordinate to it. (8.12.1994/1148)
Within their territory, local authorities shall enforce this Act and rules and regulations issued under it according to what is prescribed in the Public Health Act (66/72) concerning local authority functions related to the implementation of public health work. A municipal multimember organ as referred to in the Public Health Act may assign the functions for which it is liable under said Act to a holder of a municipal office.
The provisions on prohibiting and restricting smoking at workplaces laid down in subparagraph 5 of section 12 and in paragraph 3 of section 13 shall be enforced by the labour protection authorities in accordance with the relevant sections of the Act on the Supervision of Labour Protection (131/73), unless otherwise provided in this Act.
At public events, compliance with the provisions laid down in section 12, subparagraph 3, of this Act is supervised by the police.
§15
For the purpose of providing opinions and making proposals, 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.
§16
For the purpose of enforcing this Act and rules and regulations issued under it, a representative of an authority as referred to in section 14 above shall have right of access to the manufacturing, packaging, storage and sales facility of the tobacco product or smoking accessory in question. For the purpose of inspection, the said authority and the customs authorities are entitled to be provided with free information on tobacco, tobacco imitations, tobacco products and smoking accessories by the manufacturer or importer.
§17 (19.8.1994/765)
On their own initiative or on the basis of notification, local authorities must carry out inspections of facilities for storing and selling tobacco products, and supervise the sale of tobacco products and smoking accessories, advertising and other sales promotion of tobacco products and imitations and smoking accessories, and enforce prohibitions and restrictions on smoking within their territory.
If defects, or activities contrary to rules or regulations, are observed in an inspection or otherwise, the local authority must provide appropriate instructions for remedying the defects or for discontinuing the activity in question, and set a time period within which this is to be effected.
If the irregularity has not been remedied within the set time period or if the activities in violation of the provisions have continued or been renewed after the said period, the local authority shall inform:
§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 in question.
The National Product Control Agency for Welfare and Health may prohibit the manufacturer or importer of a tobacco product or smoking accessory, 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 paragraphs 1 and 2 of section 7, or if the nicotine and tar contents of a cigarette have not been assayed according to paragraph 2 of section 6, or if a notification on said contents according to paragraph 3 of section 6 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 period set by said Agency.
§19 (8.12.1994/1148)
If the procedure continued or renewed as referred to in paragraphs 1 and 2 of section 18 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.
§20 (19.8.1994/765)
In deciding on the prohibition referred to in paragraphs 1 and 2 of section 18, the National Product Control Agency for Welfare and Health may require the party receiving the prohibition to carry out a rectification within a time period and in a way set by said Agency if this is considered necessary with regard to the evident harmfulness of the procedure in question. (8.12.1994/1148)
The National Product Control Agency for Welfare and Health can intensify a prohibition or order issued under the provisions of this Act, and a local authority any instructions it has issued, 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. (8.12.1994/1148)
Unless otherwise provided in this Act, what is laid down in the Act on Conditionally Imposed Fines (1113/90) will be applied to the conditional fines and conditional threats of action imposed under the provisions of this Act.
§21 (8.12.1994/1148)
A prohibitive decision or temporary prohibition 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 a tobacco product retail package contrary to paragraph 1 or 2 of section 7, or a conditional fine or conditional threat of action may not be appealed.
A conditional fine or threat of action imposed by a local authority or a holder of a municipal office as referred to in paragraph 2 of section 14 in order to reinforce compliance with the instructions referred to in paragraph 1 may not be appealed. A party on whom a conditional fine or threat of action 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 before the Market Court according to what is provided in paragraph 3.
A party receiving a prohibitive decision or a temporary prohibition order as referred to in paragraph 1 from the National Product Control Agency for Welfare and Health or on whom a conditional fine or threat of action has been imposed 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 action, the Market Court decides whether to impose a conditional fine or implement a threat of action issued 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 decides whether to impose a conditional fine or implement a threat of action issued by the National Product Control Agency for Welfare and Health in the case of a party violating sections 5 and 6, and those issued by a local authority in the case of a party violating sections 10-12 and paragraph 1 of section 13.
Research, follow-up, and information and education
§22 (3.8.1992/768)
The Ministry of Social Affairs and Health shall be responsible for follow-up 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 guiding and coordinating the research and development necessary in order to reduce the dangers and risks to health originating from smoking.
§23
The Ministry of Social Affairs and Health shall: (3.8.1992/768)
§24
On the local level, municipal health committees and temperance committees are responsible for information and education aimed at reducing smoking.
The said committees shall ensure that sufficient quantities of the materials referred to in section 23 are available to non-governmental organizations (NGOs), educational institutions and others in need of such material within their territory.
Costs
§25 (23.10.1992/953)
The manufacturer or importer of a tobacco product is 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 a tobacco product is also responsible for the costs incurred in withdrawing a tobacco product from the market as referred to in paragraph 3 of section 19.
§26
Section 26 has been repealed by Act number 23.10.1992/953.
§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 above shall be used for combating smoking, for health education and for the research, development and information and education activity referred to in chapter 7, according to a disposal plan ratified annually by the Ministry of Social Affairs and Health. (11.12.1987/1037)
Acquisition of information and confidentiality
§28
Manufacturers, importers and sellers of tobacco products and imitations and smoking accessories shall, on demand and free of cost, provide the authorities referred to in section 14 with information and material necessary for carrying out the duties referred to in sections 22 and 23, and for investigating the legality of sales and other assignment.
If the information and material referred to in paragraph 1 are not submitted within a set time period, the Ministry of Social Affairs and Health may demand the said information and material on pain of a fine.
The fine shall be imposed by a public court at the request of the Ministry of Social Affairs and Health.
§29
The information and material referred to above in section 28 may be brought to the notice of the advisory committee referred to in section 15.
§30
Persons engaged in the control and supervisory activity prescribed in this Act and the members, deputy members and secretaries of the advisory committee referred to in section 15 shall not reveal to outsiders, nor employ to their personal advantage, anything they have learned regarding the business and professional secrets of entrepreneurs while carrying out duties laid down in this Act.
Consequences
§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 matter that 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 continues to engage in commercial sale or other assignment of tobacco products or smoking accessories contrary to section 5, paragraphs 2 or 3 of section 6, or paragraphs 1 and 2 of section 7, contrary to instructions or a prohibition issued by a local authority shall be sentenced to a fine for sale of a tobacco product contrary to the Tobacco Act.
Any party who, contrary to the instructions of a local authority, repeatedly assigns a tobacco product or smoking accessory to a person under the age of 18, or violates the provisions of section 11 shall be sentenced to a fine for a tobacco selling violation.
The official prosecutor may raise charges on an action referred to in paragraphs 1-3 only if notified by the Ministry of Social Affairs and Health, and on an action referred to in paragraph 4 only if notified by a local authority.
§32 (19.8.1994/765)
Any party who continues to smoke in an indoor or outdoor area where smoking is prohibited pursuant to the provisions of subparagraphs 1-4 of section 12 despite an objection from the proprietor of the means of public transport, indoor or outdoor area in question, or their representative, or the organizer 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 an indoor or outdoor area or his representative, or the arranger of a public event, as referred to in section 12, subparagraphs 1-4 above, who repeatedly allows smoking in an indoor or outdoor area 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 areas 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 Tobacco Act.
The official prosecutor may raise charges on the actions referred to in paragraph 1 only if notified by the proprietor of the means of public transport or indoor or outdoor area, the manager of a public event or their representative, and on an act referred to in paragraph 2 only if notified by a local authority.
§33
Any party who violates the provisions of section 30 shall be sentenced to a fine or to imprisonment not exceeding one year for breaching confidentiality, unless a stricter penalty has been prescribed elsewhere in this Act. The provisions of chapter 40, section 5, of the Penal Code shall, however, be applied to a breach of confidentiality committed by a civil servant or an employee of a public corporation. (8.9.1989/798)
The official prosecutor may not raise charges on an action referred to in paragraph 1 unless the complainant calls for prosecution or unless extremely vital public interest so demands.
§34
Any financial benefit gained by the perpetrator of a crime referred to in section 31 above, or by the party 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.
Appeal
§35
Decisions of administrative authorities referred to in this Act may be put into effect 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.
Miscellaneous provisions
§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 A 225/77.
§37
Section 37 has been repealed by Act number 8.12.1994/1148.
§38
This Act comes into force on March 1, 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 needed to enforce this Act may be taken before it comes into effect.
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 this Act. (31.12.1976/1147)
FEBRUARY 25, 1977/225
Chapter 1 | 2 | 3 | 4 | 5 | 6 | 7
General provisions
§1 (10.2.1995/174)
For the purposes of application of the Act on Measures to Reduce Tobacco-Smoking (693/76), hereinafter the Tobacco Act, and of rules and regulations issued under it:
Composition
§2
The following may be used in tobacco products and in their manufacture:
§3
The method of manufacture, quality and composition of smoking accessories must be such that their use in smoking or preparations for smoking does not cause danger or injury to health.
§4
In addition, what the Council of State orders under section 5 must be observed concerning the composition of tobacco products and smoking accessories.
Sale
§5 (23.12.1992/1502)
The following warning must be given in Finnish and in Swedish on the retail package of tobacco products: 'Tobacco is extremely harmful to health'.
The warning must be printed or otherwise permanently attached to the most visible outer surface of the package, according to more detailed regulations issued by the Ministry of Social Affairs and Health. The warning must cover at least 6% of the area of the most visible outermost packaging surface.
In addition to the warning referred to in paragraph 1, one of several optional warnings in Finnish and in Swedish in accordance with more detailed regulations issued by the Ministry of Social Affairs and Health must be given on the retail package of a tobacco product.
On cigarette and cigarette tobacco packages, the optional warning must be given on a surface other than the large outer surface referred to in paragraph 2, and must cover at least 6% of the said surface.
The optional warning included on the packages of tobacco products other than cigarettes and cigarette tobacco must cover at least 2% of the total area of the outer surface of the package.
§6 (23.12.1992/1502)
The retail package of a cigarette must include labelling in Finnish and Swedish on the amount of tar and nicotine produced when a cigarette from the package is smoked.
The amounts of tar and nicotine must be marked on the packaging in accordance with more detailed regulations issued by the Ministry of Social Affairs and Health. The label must cover at least 6% of the relevant outer surface of the cigarette package.
§7 (23.12.1992/1502)
The Ministry of Social Affairs and Health will issue more detailed regulations concerning the methods referred to in section 6, paragraph 2, of the Tobacco Act concerning assaying the amount of tar and nicotine and submitting the notification referred to in section 6, paragraph 3, of the said Act.
§8 (10.2.1995/174)
In addition to the information referred to in section 8, paragraph 3, of the Tobacco Act, information on dangers and injuries to health caused by a product, on its country of origin and on its retail package may be given to persons engaged in sale of the product as the product information referred to in the said paragraph. A picture of a product or its retail package may be given as product information only in connection with other product information. No other pictures may be included with product information.
The contents of product information must be such that persons engaged in sale of the product receive correct information about the product and its properties.
§9
Section 9 has been repealed by Decree number 23.12.1992/1502.
§10 (23.12.1992/1502)
Tobacco products may be put on sale and sold only in retail packages with proper labelling. When cigars and snuff are sold separately, they must include proper labelling in accordance with more detailed regulations issued by the Ministry of Social Affairs and Health.
§11 (10.2.1995/174)
The following notice must be visibly placed at retail sales outlets for tobacco products and smoking accessories and on automatic tobacco product vending machines: 'Tobacco may not be sold to person under the age of 18. Tobacco is addictive and damages the health.'
§12 (10.2.1995/174)
A permit for installing an automatic tobacco vendor at sales outlets other than those which are in restaurants licensed to sell alcohol must be applied for from the body responsible for public health work in the local authority in question, or from another multimember organ to which the said function has been assigned.
The automatic vendor must be placed so that its use can be continuously supervised.
The owner, proprietor, manager or a person to whom the task is assigned is responsible for supervising the automatic vendor.
Smoking prohibitions and restrictions
§13
Section 13 has been repealed by Decree number 10.2.1995/174.
§14
Prohibitions and restrictions on smoking, notices indicating smoking areas and other notices must be easy to understand and their size and placement must be such that they are visible to persons entering the premises or to those on them.
Research, follow-up and information and education
§15 (28.8.1992/831)
In organizing information and education and in producing health education programmes and other material aimed at reducing smoking, the Ministry of Social Affairs and Health shall use specifically the expertise and services of the Ministry of Education, central organizations of local authorities, and the relevant NGOs.
§16
For each calendar year, the Ministry of Social Affairs and Health shall prepare a proposal for the disposal plan referred to in section 27, paragraph 2, of the Tobacco Act. The authorities and organizations referred to in section 15 shall be utilized in preparing the proposal. (28.8.1992/831)
The disposal plan must be submitted for ratification by the Ministry of Social Affairs and Health at a time determined by the Ministry.
§17
The disposal plan shall contain:
§18
Insofar as realization of the disposal plan requires services to be purchased from private persons, private corporations or private associations, or from a business or other enterprise run by them, reports on costs must be based on acquired tenders, observing the provisions of the Decree on State Procurements (714/65) and regulations issued under it, as appropriate.
The disposal plan must be ratified before a binding contract or order on purchasing a service referred to in paragraph 1 above may be made.
§19 (10.2.1995/174)
The party responsible for organizing the public health work of a local authority or the multimember organ appointed for the said function is responsible for controlling and coordinating all education and information activity intended to reduce smoking and for preparation and decision-making regarding other duties resting with local authorities under the Tobacco Act.
The multimember organ referred to in paragraph 1 above may introduce initiatives in matters concerning the reduction of smoking. In the functions resting with it under the Tobacco Act, it shall cooperate specifically with organs and units of local authorities and municipal federations responsible for temperance, youth, school and physical recreation services and for organizing and realizing social and health care services, and with NGOs and private enterprises.
Transferral of duties
§20
Section 20 has been repealed by Decree number 28.8.1992/831.
Miscellaneous provisions
§21
Without the consent of the party in question, no authority referred to in this Decree is entitled to make public any detail concerning the manufacturing technology of a tobacco product or smoking accessory which must be considered a business secret.
§22
Section 22 has been repealed by Decree number 10.2.1995/174.
§23 (28.8.1992/831)
More detailed regulations on the implementation of this Decree will be issued as necessary by the Ministry of Social Affairs and Health.
§24
This Decree comes into force on March 1, 1977, unless otherwise provided by the implementation provisions of the Tobacco Act.
If a manufacturer or importer intends to assign a tobacco product or smoking accessory retailed on March 1, 1977 for consumption after March 1, 1978, it must apply to the National Board of Health for an inspection certificate no later than on August 1, 1977.
FEBRUARY 25, 1977/254
§1
The following goods and groups of goods are smoking accessories as referred to in section 2, subparagraph 4, of the Act on Measures to Reduce Tobacco-Smoking (693/76), known hereinafter as the Tobacco Act:
The smoking accessories referred to in this Decision do not include items intended for general use made from base metal as defined in note 2 of section XV of the Customs Tariff or comparable items made from another material.
§2 (28.8.1992/846)
Whenever necessary, the Ministry of Social Affairs and Health will issue more detailed regulations concerning the implementation of this Decision.
§3
This Decision comes into force on March 1, 1977, unless otherwise provided by the implementation provisions of the Tobacco Act.
DECEMBER 23, 1992/1504
§1
The optional warnings to be placed on the retail packages of cigarettes and cigarette tobacco referred to in section 5, paragraph 4, of the Decree on Measures to Reduce Tobacco-Smoking are as follows:
These warnings shall be printed or otherwise permanently attached to retail packages in a way that guarantees their consecutive occurrence on an equal number of retail packages to an accuracy of 5%.
The optional warning to be attached to the retail packages of tobacco products other than those referred to in paragraph 1 are as follows:
When these warnings are marked on retail packages, it must be ensured that they really occur consecutively.
Instead of the optional warnings, the following warning shall be marked on the retail packages of snuff and chewing tobacco:
§2
The warnings on cigarette retail packages referred to in both section 5, paragraph 1, of the Decree on Measures to Reduce Tobacco-Smoking and section 1, paragraph 1, of this Decision shall be clear and easily legible, printed in a bold type face on an easily distinguishable background. The warning shall not be placed so that it may be damaged when the package is opened. Moreover, it shall not be printed on a transparent wrapping or other outer wrapping.
The warnings printed on the retail packages of tobacco products other than cigarettes shall be printed or permanently attached so that they are easily noticed. The warnings shall be printed on a highly distinguishable background so that they are highly visible, easy to read and impossible to detach. Other texts and images may not in any manner cover the warnings, confuse them or disturb reading of them.
§3
The amounts of tar and nicotine shall be printed on the side of retail packages so that they are highly legible and easily discernible from their background.
§4
The amounts of tar and nicotine produced when a cigarette is smoked and which must be marked on the retail package of cigarettes shall be assayed using methods that comply with the standards ISO 4387 and ISO 10315. The correctness of the results shall be ensured by sampling in accordance with ISO 8243.
The amount of tar and nicotine shall be measured from smoke samples once in a calendar year in two quality control inspections. In both, one cigarette sample from each brand shall be inspected.
The amount of tar and nicotine must be reported to the Ministry of Social Affairs and Health once per calendar year in December, according to the results obtained from corresponding quality control inspections. A certificate on the measurements performed and their results given by a qualified laboratory, based on quality control inspections, shall be appended to the declaration. (9.12.1994/1133)
§5
Cigars and snuff may be sold separate from their retail packages. Separately sold cigars and snuff must have the appropriate labelling. If this is impossible, separately sold cigars and snuff must be assigned to the buyer straight from a retail package which has the said labelling.
§6
This Decision comes into force on January 1, 1993.
Tobacco products as referred to in this Decision may be sold commercially until December 31, 1994, the regulations of this Decision notwithstanding, provided that they comply with the rules and regulations in force at the time this Decision becomes effective.
DECEMBER 23, 1992/1503
§1
The maximum permissible amount of tar in the smoke of factory-made cigarettes when the cigarette is smoked shall be 15 mg.
§2
This Decision comes into force on January 1, 1993.
This Decision repeals the Council of State Decision (770/84) issued on November 15, 1984 on the maximum permissible amounts of harmful substances in tobacco products eligible for commercial sale and on the classification of factory-made cigarettes.
JUNE 28, 1958/299; §10.4
§10
What is provided concerning the ventilation, lighting, temperature, humidity, cleanness and fire safety of a work room shall apply, where relevant, to indoor space intended for employee use. Appropriate measures shall be taken to protect non-smoking employees from tobacco smoke especially in resting and recreation facilities. (29.1.1993/144)
DECEMBER 8, 1994/1146
§1
The National Product Control Agency for Welfare and Health operates under the Ministry of Social Affairs and Health; its functions comprise the supervision required by the Alcohol Act (1143/94), Chemicals Act (744/89) and Act on Measures to Reduce Tobacco-Smoking (693/76).
In addition, the National Product Control Agency for Welfare and Health carries out other functions provided or prescribed for it by or under law and decree and the functions assigned to it by the Ministry of Social Affairs and Health.
§2
The National Product Control Agency for Welfare and Health may have a board of management and committees whose functions, composition and appointment shall be provided by decree.
§3
What is provided in chapter 40 of the Penal Code pertaining to civil servants and employees of public corporations shall apply to the members of the National Product Control Agency for Welfare and Health board of management, its employees and experts consulted by it.
§4
More detailed provisions concerning the implementation of this Act will be laid down by decree.
§5
This Act comes into force on December 15, 1994.
Measures needed in order to fill official posts and other positions at the National Product Control Agency for Welfare and Health, and other measures necessary in order to start operations when this Act takes effect may be taken before the Act comes into force. The post of director general may be filled for the first time before the Act comes into force.
When posts are filled for the first time, the officials shall be appointed by decision of the Ministry of Social Affairs and Health, excluding the post of director general.
Posts established at the National Product Control Agency for Welfare and Health from November 1, 1994 onwards may be filled for the first time without announcing them as vacant.
§6
What is provided or prescribed by law issued before this Act takes effect concerning the Ministry of Social Affairs and Health, the alcohol company, the National Research and Development Centre for Welfare and Health, the National Agency for Welfare and Health and the National Board of Health vis-à-vis the functions resting with the National Product Control Agency for Welfare and Health according to section 1 shall correspondingly apply to the said Agency when this Act takes effect.