POLAND - TOBACCO CONTROL AND HEALTH PROTECTION ACT

August 25, 1995

In order to prevent tobacco dependence and protect health from the consequences of the habit, the following is laid down:

Article 1

State administration and local governments are obligated to undertake action to protect health from the consequences of tobacco use. They may also support similar activities of self-governed representations of the medical profession, non-government organizations, foundations, institutions and companies, as well as collaborate with churches and religious unions.

Article 2

The specific terms used in the Act are to be understood as follows:

  1. „tobacco” - cultivated tobacco-producing plants of the genus Nicotiana
  2. „tobacco products” - every product made of tobacco, such as cigarettes, cigars, cigarillos, tobacco cut up for pipes, hand-rolled tobacco, snuff and others, that contains tobacco or its constituents, with the exception of medicinal preparations containing nicotine
  3. „smokeless tobacco products” - tobacco products to be smelled, sucked, chewed or otherwise administered into the body, with the exception of medicinal preparations containing nicotine
  4. „tobacco accessories” - items and devices facilitating tobacco use, such as cigarette cases and holders, cigarette papers for hand-rolling, devices for rolling cigarettes, cleaning and loading pipes, pipes themselves, ash-trays, cigar cutters etc. (with the exception of lighters and matches).

Article 3

The protection of health against the consequences of tobacco use shall be achieved by adopting health, economic and social policies that shall comprise:

  1. protection of the right of non-smokers to live in a smoke-free environment
  2. health promotion - promoting a smoking- and tobacco-free life style
  3. creating legal and economic conditions to encourage reductions in tobacco use
  4. informing the general public about the adverse effects of smoking and the levels of harmful substances by means of messages on the packages of tobacco products and in advertisements
  5. decreasing the maximum permissible levels of harmful substances in tobacco products
  6. treatment and rehabilitation of tobacco-dependent patients.

Article 4

  1. The Council of Ministers shall develop a programme outlining health, economic and social policies aimed at reducing tobacco use.
  2. The Council of Ministers shall submit a report on the implementation of this programme to the Parliament by April 30 each year.

Article 5

  1. Smoking is forbidden in the following places, with the exception of areas expressly set aside for smokers,:
    1. health care establishments (see stipulation in paragraph 2).
    2. schools and other educational facilities
    3. closed space on the premises of institutions of employment and other public service buildings.
  2. In special cases, the attending physician may exempt a patient staying at a health care facility from the ban on smoking tobacco products.
  3. The Minister for National Defence, the Minister for Internal Affairs and the Minister of
  4. Justice shall issue ordinances stating the rules for permitting tobacco use on the premises of buildings in their charge.
  5. The Council of a commune (gmina) may adopt a resolution declaring places other than those listed in par. 1 as smoke-free public places within the territory of the commune.

Article 6

  1. Minors under 18 are not allowed to buy tobacco products.
  2. It is forbidden to sell tobacco products at health care establishments, schools and other teaching establishments as well as sports facilities.
  3. It is forbidden to sell tobacco products through tobacco machines.
  4. It is forbidden to sell cigarettes in packages containing fewer than 20 cigarettes or to sell single cigarettes.

Article 7

It is forbidden to produce or market smokeless tobacco products.

Article 8

It is forbidden to advertise or promote tobacco products and accessories as well as products imitating tobacco products and accessories and tobacco-related symbols on television, the radio and the cinema, in newspapers and magazines for children and teenagers, health care establishments, cultural and educational facilities, institutions of higher learning and sports facilities.

Article 9

  1. Every single package of cigarettes to be sold should contain the following information printed clearly, legibly and permanently:
    1. at least two different warnings against the adverse effects of tobacco use;
    2. information about the levels of tar and nicotine per one cigarette.
  2. The provision in par. 1, item 1 shall be applied respectively to other tobacco products.
  3. The messages enumerated in par. 1, item 1, shall be drawn up in Polish and shall occupy an area of at least 30% of each of the largest sides of a single cigarette package.
  4. Tobacco advertisements, mentioned in Article 8, shall contain a clear and legible warning against the adverse effects of smoking, occupying at least 20% of the advertisement.

Article 10

The Ministry of Health and Social Welfare shall issue ordinances determining the content, design and ways of placing health messages, mentioned in article 9 par. 1 and 4, as well as the maximum permissible levels of harmful substances in tobacco products and methods for determining these levels.

Article 11

The treatment of smoking dependence in public health care facilities shall be free of charge.

Article 12

Whosoever:

  1. produces or sells tobacco products, in which the content of harmful substances overreaches the permissible level,
  2. produces or markets smokeless tobacco products,
  3. markets tobacco products without printing information on each package about the effects of using tobacco or about the harmful substance content,
  4. advertises tobacco products in defiance of resolutions in article 8, is liable to a penalty of limitation of freedom or a fine of up to 25 000 z³.

Article 13

  1. Whosoever:
    1. sells tobacco products in defiance of bans defined in article 6,
    2. smokes tobacco products in places where restrictions defined in article 5 apply
    is liable to a fine.
  2. In cases described in par. 1 ruling will follow procedures concerning misdemeanours.

Article 14

  1. If the act described in article 12, items 1-3 or article 13 par. 1 item 1 was committed during the activity of economic subject, the perpetrator of the action is considered to be the person who is responsible for introducing tobacco products into production, trade, or sale.
  2. Par. 1 is applied accordingly to persons responsible for tobacco product advertising.

Article 15

In case of committing an act described in article 12 item 1-3 or article 13 par. 1 item 1, the tobacco products being the subject of prohibited act can be confiscated, even if they were not the property of the perpetrator.

Article 16

In the decree from 24 June 1953 about the cultivation and production of tobacco products (Dz.U. Nr 34 pos. 144 from 1988, Nr 41 pos. 324 from 1989, Nr 35 pos. 192 from 1993 Nr 47 pos. 211) article 8a is deleted.

Article 17

The Act comes into life three months from the day of declaration.

Provided by Witold Zatonski