Today certain provisions of the Law on Tobacco Control, developed by the Ministry of Health and voted by the Parliament on June 26, 2015 come into force. The law was passed with large delays because economic agents in the tobacco industry tried to block the project and mentioned potential economic losses for the budget.

The main provisions of the Law on Tobacco Control aimed at banning smoking in enclosed public places, a total ban on advertising cigarettes, expanding warnings on cigarette packs and banning the exposure of tobacco products.

The law shall come into force gradually. Today, on the World Anti-Smoking Day shall enter into force the part banning smoking in public places. Thus, smokers will no longer be able to smoke in restaurants, markets, public transport stations, the scale of blocks, parks and stadiums, and at 10m distance from the entrance in enclosed public places, including private workplaces. Since 1 January 2018, each cigarette package will have health warnings on it, which will cover 65% of the package. Starting with 2020 the sale of cigarettes with different flavors will be prohibited.

            Fines of up to 10 thousand lei

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For the violation of the law individuals will be penalized by the MIA with a fine of 1,000 to 1,400 lei, and legal entities - up to 10,000 lei. 

Even if they will not be caught by the police directly, smokers could be reported to the police or the National Center for Public Health even by the witnesses who observed certain violations. If there are photos or videos, they will be identified and punished, promise authorities.

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The prohibitions enter into force today, but authorities agree to provide smokers another month to better familiarize themselves with the law.

In the press conference held today and dedicated to World Anti-Smoking Day MIA Minister, Mr. Alexander Jizdan, said that he will not place guards in each place of the country, but will require citizens' contribution in this regard.

„The law takes effect on May 31. The police will be lenient and is ready to apply the fine and not to provide a second chance for smokers who do not have bad intentions and quit smoking once warned. Our goal is not to apply fines, but to protect citizens", said the Minister.

The conference was attended by Health Minister, Ruxandra Glavan and Prime Minister, Pavel Filip, who said he hopes today would not only be the last bell ring, but the last smoke, as well.

The provisions regarding the fines for the violation of the anti-tobacco legislation have been introduced in the Code of Administrative Offences, art. 911: 

 

Individuals

Legal entities

Import, placing on the market or sale of tobacco products not packed and labeled in accordance with the legal provisions

130 to 150 conventional units

450 to 500 conventional units, with the deprivation of the right to carry out certain activities for a term of 6 months to one year.

Import, placing on the market or food, toys and / or other products that are associated with tobacco products

120 to 150 conventional units

450 to 500 conventional units, with the deprivation of the right to carry out certain activities for a term of 6 months to one year.

Import, placing on the market or sale of tobacco products which do not burn, or of products containing nicotine in amounts greater than those stipulated by legislation

130 to 150 conventional units

450 to 500 conventional units, with the deprivation of the right to carry out certain activities for a term of 6 months to one year

Import, placing on the market or sale of tobacco products with emissions above the limits stipulated by legislation

120 to 150 conventional units

450 to 500 conventional units, with the deprivation of the right to carry out certain activities for a term of 6 months to one year

Placing on the market of tobacco products containing ingredients banned by the tobacco control legislation

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450 to 500 conventional units

Placing on the market of tobacco products containing false elements of presentation and labeling, deceptive or likely to create erroneous impressions about the characteristics, health effects, hazards and emissions of tobacco products, suggesting that a particular tobacco product is less harmful than another one or has revitalizing, energizing, healing, rejuvenating, natural, organic effects, or other health or lifestyle benefits  or refer to the smell, taste, presence or absence of flavorings and / or other additives

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400 to 450 conventional units

Placing on the market of tobacco products without traceability marking

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400 to 450 conventional units, with or without the deprivation of the right to carry out certain activities for a term of 6 months to one year.

Use of trademarks of  tobacco products to promote other products or services, the trademarks of other products or services to promote tobacco products, the use of tobacco accessories (ashtrays, lighters) for purposes of direct or indirect promotion of tobacco products, as well as promotional offering or as a gift of tobacco products

120 to 150 conventional units

450 to 500 conventional units with the deprivation of the right to carry out certain activities for a term of 6 months to one year.

Failure to present to the National Center for Public Health of the information provided under the Law on Tobacco Control and / or submission of incorrect and incomplete information within the set deadlines

400 to 450 conventional units applied to a person holding a responsible  position

450 to 500 conventional units, with the deprivation of the right to carry out certain activities for a term of 6 months to one year.

Sale of tobacco products otherwise than through sale and purchase without the seller and the buyer to be physically present in front of  each other,

120 to 150 conventional units

400 to 450 conventional units

Visible exposure of tobacco products in premises accessible to the public

120 to 150 de conventional units

400 to 450 conventional units applied to a person holding a responsible  position

450 to 500 conventional units

Failure to display in a visible place within the commercial units of information regarding the prohibition of sale of tobacco products to persons aged under 18

250 to 300 conventional units applied to a person holding a responsible  position

350 to 400 conventional units, with or without the deprivation of the right to carry out certain activities for a term of 6 months to one year.

Marketing of tobacco products to minors or selling tobacco products without verifying the buyer's age established by legislation

120 to 150 conventional units

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Failure to display the unique  „No smoking” sign

250 to 300 conventional units applied to a person holding a responsible  position

350 to 400 conventional units, with or without the deprivation of the right to carry out certain activities for a term of 6 months to one year.

Admission of smoking in enclosed and semi-enclosed public spaces, including in places of common use, at the workplace and other places where smoking is prohibited by the law in force  

 

350 to 400 conventional units applied to a person holding a responsible  position

450 to 500 conventional units, with the deprivation of the right to carry out certain activities for a term of 6 months to one year

Admission of smoking in public transport

130 to 150 conventional units 150 to 200 conventional units applied to a person holding a responsible  position

450 to 500 conventional units, with the deprivation of the right to carry out certain activities for a term of 6 months to one year.

Smoking in enclosed and semi-closed public spaces, including in places of common use, at the workplace, in public open spaces managed by medical and sanitary institutions, educational institutions, central and local public authorities, including on the territories attached to them, in a range of 10 meters from the entrance to enclosed public places, including places of common use, and at the workplace, from windows that open and places / air abstraction facilities for indoor public places and workplaces

50 to 70 conventional units

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Smoking in public transport, in private transport means where there is a minor, under the roof of public transport stations, in amusement parks and playgrounds for children, stadiums, arenas, squares and other public spaces open during public events or other entertainment

50 to 70 conventional units

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            Petition of smokers of the Republic of Moldova

t.pngThe legal provisions enter into force today even though authorities have not create special places for smokers.

Thus, many smokers require adequate conditions for anti-tobacco law compliance through an online petition. The petitioners write that the law does not expressly stipulate the need for setting special places for smoking in public areas and, thus, all smokers in Moldova are automatically considered outlawed, because they are not offered any alternative or a possibility to observe the law: "In the absence of clear rules (where is it allowed to smoke? How smoking places should be arranged? etc.) each agent can give a subjective interpretation of smoking cases in outdoor public places, which can lead to abuses and corruption”. 

            In their petition, smokers requested the following:

            1. Amending Law no. 278 of 14.12.2007 on tobacco control, in particular the provisions related to smoking in public places, namely lifting the ban on smoking in open public places managed by health care institutions, higher education institutions, central and local public authorities.

            2. To legally force public institutions to arrange places for smoking, to offer visiting smokers an alternative. 

            3. Involvement and consultation of representatives of t

obacco products consumers’ associations in developing technical standards, regulations and guidelines for planning smoking spaces  in open and semi-open areas.

            4. Regulation and permitting the creation of smoking rooms inside enclosed spaces, according to European practice. Especially for bars and clubs.

            5. Allowing the activity of specialized public alimentation and leisure units such as bars / cafes for the consumption of cigars, pipes, and hookah.

            6. Exclusion of electronic cigarettes from the list of products prohibited for consumption in enclosed public places.

            The petition was filed by the NGO "Responsible Smokers' which aims to promote responsible smoking among tobacco consumers’ community and protect the rights of smokers.

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