Restriction on the Use of Tobacco Products Act,
Zakon o omejevanju uporabe tobačnih izdelkov (ZOUTI), Ur. l. RS, 57/1996, 1996-01-3318

Official Gazette of the Republic of Slovenia, 57-3318/96

I. GENERAL PROVISIONS

Article 1
This Act shall lay down measures both to restrict the use of tobacco products and prevent the harmful effects of tobacco products on health.

Article 2
Under this Act, tobacco products shall mean cigarettes, cigarillos, cigars, tobacco for rolling cigarettes, pipe tobacco, and tobacco for chewing, sucking or sniffing.

Article 3
Under this Act, premises open to the public shall mean all premises intended to be used by the population or for activities carried out in the field of healthcare, nursery care, education and training, transport, trade, catering, sports and recreation, and culture.

The premises open to the public under the preceding paragraph shall be, in particular: waiting rooms, meeting rooms, cinema halls, theatres, health, nursery care, educational and social welfare institutions, hospitality premises and shops, sports halls, public transport facilities, lifts, cable cars, public toilets, and other premises where non-smokers may be exposed to tobacco smoke involuntarily.

Article 4
Under this Act, a workplace shall be any indoor area under the employer's supervision and in which work or services are being carried out for him/her.

Article 5
The Health Council of the Government of the Republic of Slovenia shall provide for the implementation of the comprehensive social protection of public health against the harmful effects of tobacco products, with the following tasks relating to this field being assigned to it in particular:

• to monitor the impact of the use of tobacco products on the health of the population or groups of people, and to propose appropriate measures;
• to launch health education programmes or information and public awareness campaigns on the harmful effects of smoking, as well as programmes to help people give up smoking;
• to propose measures to be taken in order to restrict the harmful habit of using tobacco products;
• to carry out any other tasks relating to the restriction of the use of tobacco products
• which require an interdisciplinary approach or international cooperation.

Article 6
Under this Act, tar shall mean the raw, anhydrous, nicotine-free condensate of smoke to which smoking gives rise.

As of 1 January 1997, the tar yield of cigarettes manufactured or marketed in Slovenia shall not exceed 15 mg per cigarette.

As of 1 July 1998, the tar yield of cigarettes manufactured or marketed in Slovenia shall not exceed 12 mg per cigarette.

The Minister of Health shall set out in detail the requirements to be met concerning the suitability of tobacco products from the aspect of health.

Article 7
The tar yield of cigarettes shall be measured according to ISO standards 4387 and 3400. Verification must be carried out according to ISO standard 8243.

Article 8
The manufacturing and marketing of cigarettes which do not carry, on the most visible surface of cigarette packets or other packaging, a clearly printed indication of the tar and nicotine yields per cigarette shall be prohibited.

The indications referred to in the preceding paragraph shall be printed in a bold colour on a contrasting background in letters not less than 2 mm high, and the print must be not less than 0.3 mm wide. The warnings under Article 9 must be printed in a bold colour on a contrasting background in letters not less than 5 mm high, and the print must be not less than 0.4 mm wide.

Article 9
The manufacturing and marketing of tobacco products in packaging not carrying the following warning in Slovene: "Minister za zdravstvo opozarja: Kajenje je zdravju škodljivo" ("The Minister of Health warns: Tobacco seriously damages health") shall be prohibited.

It shall be prohibited to manufacture and market tobacco products in packaging which does not carry, in addition to the general warning referred to in the preceding paragraph, one of the following warnings in Slovene as well:

"Minister za zdravstvo opozarja: (The Minister of Health warns:)

• kajenje ubija (Smoking kills)
• kajenje povzroča raka na pljučih (Smoking causes lung cancer)
• kajenje v nosečnosti škoduje razvoju otroka (Smoking when pregnant harms your baby);
• kajenje je najpogostejši vzrok srčnih smrti (Smoking is the most frequent cause of death by heart disease);
• kajenje povzroča bolezni srca (Smoking causes heart disease);
• kajenje skrajšuje življenje (Smokers die younger)".

The warning referred to in paragraph 1 of this Article must be printed on the front or the back of the packets, and the warning referred to in paragraph 2 of this Article may be printed on the side of the packets. The warnings must be printed in capital letters in a bold colour on a contrasting background. They shall cover at least 8% of the corresponding surface of the side of the packet, they shall be affixed so that they cannot be removed, and they shall not be printed in a place where they may be damaged when the package is opened.

Article 10
Any advertising which has the direct or indirect effect of promoting tobacco and tobacco products shall be prohibited, including the sponsorship of sports, cultural and other public events by the tobacco industry and tobacco wholesalers, with the exception of a limited number of provisions explicitly stated in Articles 11 and 12 of this Act.

The indirect advertising of tobacco and tobacco products referred to in the preceding paragraph shall include the presentation of logotypes and any other distinctive features associated with tobacco or tobacco products on items other than those defined as tobacco products under this Act.

The advertising of any products which are not tobacco or tobacco products by their nature but by their appearance and purpose of use directly encourage the consumption of tobacco and tobacco products shall be prohibited.

The publication of data on the quality and other characteristics of tobacco and tobacco products in professional books and journals or publications intended to offer information to manufacturers and traders of these products shall not be considered to be advertising according to the provisions of this Article.

Article 11
Notwithstanding the provisions of the preceding Article, the advertising of tobacco and tobacco products shall be allowed in the form and image of protected trademarks or logotypes:

• on items used for smoking;
• on and in business premises of commercial enterprises concerned with the manufacture, distribution and sale of wholesale tobacco products;
• on signboards of shops selling tobacco products and inside such shops.
• Advertisements may occupy a surface area of not more than seven square metres.

Article 12
Notwithstanding the provisions of Article 10 of this Act, manufacturers and wholesalers of tobacco products may inform consumers of new tobacco products in one-off public media campaigns.

New tobacco products shall be all those tobacco products whose tar and nicotine yields have been reduced by 10% or more in comparison to similar types of products on the market which already have the lowest nicotine and tar yields.

Article 13
The consumer information campaigns referred to in the preceding Article may last continuously for a maximum of 15 days, whereby the day on which the first public communication/announcement to consumers appeared shall be considered to be the beginning of the campaign. Communications of consumer information campaigns shall meet the following requirements:

• they shall not contain any elements aimed at young people or which would in any way encourage the use of tobacco products;
• they shall not be broadcast on radio or television, or published in periodicals;
• they shall not appear on advertising hoardings, noticeboards, stickers or neon signs which are situated less than 300 metres from schools or nursery schools or inside sports facilities;
• they shall not present young people or people who are worshipped as idols by the young because of their work or achievements in sports, music, arts, economy or policy;
• they shall not present any causal links between the use of tobacco products and success in life;
• they shall not be broadcast in young persons' cinemas, and in other cinemas they shall be broadcast only after 8 pm, whereby the communication may last for a maximum of 20 seconds.

All written or printed communications/announcements in information campaigns shall contain the indication under Article 8 and the warning under Article 9 of this Act, which shall cover at least 25% of the surface area of the communication.

At the end of the communication appearing on a screen in a cinema, the warning under Article 9 of this Act shall appear within at least 10 seconds.

A notice on the harmful effects of tobacco shall be printed on the lower central part of a poster so as to cover half of the left and half of the right quarter of the poster. The letters of the warning must be readable from a distance of 10 metres.

Article 14
The sale of tobacco products to persons under the age of 15 shall be prohibited.

The sale of tobacco products from automatic vending machines shall be prohibited.

The sale of single cigarettes or other tobacco products which are not in the manufacturer's original packaging shall be prohibited.

Article 15
Smoking in places open to the public shall be prohibited, except in those areas which are clearly marked as reserved for smokers and are separated from areas reserved for non-smokers.

Areas defined as reserved for smokers may not exceed 50% of the total surface area of any individual premises open to the public, and their proprietors, managers or renters must ensure this no later than six months after the entry into force of this Act.

Smoking in the premises of educational and health institutions shall be prohibited.

Proprietors, managers or renters of any premises open to the public must mark the ban on smoking and the smoke-free areas in a visible place.

Article 16
In hospitality facilities where guests order food (restaurants, inns, coffee shops, snack bars and bars), an area reserved for smokers must be provided.

Notwithstanding the provisions of Article 15 of this Act, the proprietor, renter or user of the building shall determine the size of the area reserved for smokers. The area must be clearly marked as an area reserved for smokers and shall be separated from the smoke-free area.

Smoking in ice-cream shops and milk bars shall be prohibited.

Article 17
In work premises, smoking shall be permitted only in areas provided by the employer, which must be physically separated from other work areas.

Smoking in the premises of government bodies which are intended for contact with clients shall be prohibited.

Article 18
All employees shall have the right to demand from their employer that he/she enable them to perform their job in a smoke-free area.

If the employer, in the case referred to in the preceding paragraph, cannot meet the employee's requirement and transfer him/her to different work premises, he shall be obliged to prohibit smoking in the employee's current workplace.

Article 19
Funds for carrying out the tasks under Article 5 of this Act shall be earmarked in the national budget.

Article 20
The implementation of this Act has been placed under the supervision of the Ministry of Health, of Articles 8, 9, 10, 11, and 14 under the supervision of the market inspectorate, of Articles 15 and 16 under the supervision of the health inspectorate, and of Articles 17 and 18 under the supervision of the labour inspectorate.

The implementation of Articles 8 and 9 of this Act when tobacco products are imported has been placed under the supervision of the Slovene Customs Administration.

If the competent inspection body establishes that tobacco products are being manufactured or marketed in contravention to Articles 8 and 9 of this Act, it shall issue a decision prohibiting the manufacture and marketing of such tobacco products.

If the competent inspection body establishes that tobacco products are being advertised in contravention to Articles 10 and 12 of this Act, it shall issue a decision prohibiting such advertising.

An appeal against a decision shall not delay its enforcement/execution.

In order to enforce any decision under paragraph 4 of this Article, the competent inspection body may order that the advertising material be removed immediately at the expense of the relevant legal entity or legal person committing a violation of Articles 10 and 12 of this Act.

Article 21
A fine of at least SIT 250,000 shall be levied on a legal entity or a person engaged in an independent activity and committing a violation:

1. by manufacturing or marketing cigarettes with a tar yield exceeding 15 mg per cigarette as of 1 January 1997 (Article 6, paragraph 2);
2. by manufacturing or marketing cigarettes with a tar yield exceeding 12 mg per cigarette as of 1 July 1998 (Article 6, paragraph 3);
3. by manufacturing or marketing cigarettes in cigarette packets or other packaging not carrying, on the most visible surface, a clearly printed indication of the tar and nicotine yields per cigarette in mg (Article 8, paragraph 1);
4. by manufacturing or marketing tobacco products on which the indication referred to in Article 8 of this Act is not printed in a bold colour on a contrasting background, in letters not less than 2 mm high and in print not less than 0.3 mm wide; or by not printing the warnings under Article 9 of this Act in a bold colour on a contrasting background in letters not less than 5 mm high and in print not less than 0.4 mm wide (Article 8, paragraph 2);
5. by manufacturing or marketing tobacco products on which the warning under paragraph 1 of Article 9 of this Act is not printed on the front or the back of the packet; by not printing the warning under paragraph 2 of Article 9 of this Act on the front, the back or the side of the packet; by not printing the warnings in capital letters in a bold colour on a contrasting background; by not ensuring that the warning covers a surface of at least 8% of the side of the package on which the warning is printed; or by not ensuring that the warning is affixed so that it cannot be removed or by printing it in a place where it may be damaged when the packet is opened (Article 9, paragraph 3);
6. by manufacturing or marketing tobacco products in a packet not carrying the warning in Slovene: "Minister za zdravstvo opozarja: Kajenje je zdravju škodljivo"
   ("The Minister of Health warns: Tobacco seriously damages health") (Article 9, paragraph 1);
7. by manufacturing or marketing tobacco products in a packet not carrying, in addition to the warning indicated under paragraph 1 of Article 9 of this Act, one of the following warnings in Slovene:

8. by advertising tobacco and tobacco products in contravention to paragraph 1 of Article 10;
9. by carrying out a consumer information campaign continuously for more than 15 days (Article 13, paragraph 1);
10. by not ensuring, in a consumer information campaign, that the indications under Article 8 and the warnings under Article 9 of this Act cover not less than 25% of the surface of the written and printed advertisement or communication/announcement (Article 13, paragraph 2);
11. by selling tobacco products to persons under the age of 15 (Article 14, paragraph 1);
12. by selling tobacco products through automatic vending machines (Article 14, paragraph 2);
13. by selling cigarettes and other tobacco products which are not in the manufacturer's original packaging (Article 14, paragraph 3);
14. by not marking, in places open to the public, the ban on smoking and the areas reserved for smokers in a visible place (Article 15, paragraph 4);
15. by not defining an area reserved for smokers in hospitality facilities where guests order food (inns and restaurants) or by not marking it in compliance with the provision of paragraph 1 of Article 16;
16. by not defining the areas in which smoking is permitted (Article 17, paragraph 1);
17. by failing to observe the decision under Article 20 of this Act.

A fine of not less than SIT 10,000 shall also be levied on the person bearing the responsibility of the legal entity for a violation referred to in the preceding paragraph.

In the event of violations under points 1, 2, 3, 4, 5, 6, 7, 8 and 13 of paragraph 1 of this Article, in addition to a fine the safety measure shall also be imposed of the compulsory seizure of the tobacco products which are the subject of the violation, and in the event of a violation under point 12 the seizure of the automatic vending machines shall be effected.

Article 22
An on-the-spot fine of SIT 5,000 shall be levied on an individual:

1. for smoking in a place open to the public where smoking is not permitted (Article 15);
2. smoking in an ice-cream shop or a milk bar (Article 16, paragraph 2);
3. smoking in workplaces where smoking is not allowed (Article 17, paragraph 1);
4. smoking in the premises of government bodies which are intended for contact with clients (Article 17, paragraph 2).

The fines under points 1 and 2 of the preceding paragraph shall be collected by a health inspector, and the fines under points 3 and 4 of the preceding paragraph by a labour inspector.

Article 23
Manufacturers and importers of tobacco products must ensure that the indication under Article 8 and the warning under Article 9 of this Act are printed on the products no later than six months after the entry into force of this Act.

Article 24
On the day this Act enters into force, Article 45 of the Zakon o varstvu pri delu (Safety at Work Act) (Uradni list SRS, Nos. 32/74, 16/80, 25/86 and 47/86) (Official Gazette of the Republic of Slovenia) shall cease to be valid.

Article 25
This Act shall enter into force thirty days after its publication in the Official Gazette of the Republic of Slovenia.