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Country Details For

Poland

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Introduction

Poland became a Party to the WHO Framework Convention on Tobacco Control on December 14, 2006.

Smoke Free Places: Poland restricts smoking in all indoor public utility areas. However, designated smoking areas may be established in any of these places, except in certain forms of public transportation. The law provides a fine for smokers who violate the law, but places no responsibility on business owners to prohibit smoking outside of designated smoking areas. Local jurisdictions may establish additional smoke free areas, but may not enact laws that are otherwise more stringent than the national law.

Tobacco Advertising, Promotion and Sponsorship: Tobacco advertising, promotion and sponsorship is banned with few exceptions. Tobacco companies are still allowed to advertise at point of sale via product displays, through internet product sales (which inherently involve advertising and promotion), and on product packaging, labeling, and inserts (although subject to some restrictions). Financial or other sponsorship or support by the tobacco industry is permitted, although publicity of such sponsorship is limited.

Tobacco Packaging and Labeling: Warning labels are text-only and cover 30 percent of the front and 40 percent of the back of the package. Misleading packaging and labeling, including descriptors such as “light” and “mild,” are banned. Snuff packages are required to carry one text-only warning, which must cover 30 percent of the largest and most visible display area of a package.

Roadmap to Tobacco Control Legislation: Act 9.11.1995 is the primary law on tobacco control and covers many aspects of tobacco control, including, but not limited to: restrictions on public smoking; sales to minors; production and sale of smokeless tobacco products; packaging and labeling; tobacco advertising, promotion and sponsorship; and sanctions for violations of provisions of this Act. Act 8.04.2010 amends provisions of Act 9.11.1995 and expands the list of smoke free places and those places that may have designated smoking areas, and provides sanctions for smoking violations. Regulations 26.11.1996, 14.09.2001, 22.06.1998, and 25.05.2000 were issued pursuant to Act 9.11.1995 and govern smoking specifically in buildings under the Ministry of Justice, Ministry of Internal Affairs, and Ministry of National Defence.

EU Directives 26.05.2003 and 10.03.2010 regulate tobacco advertising, promotion and sponsorship and must be implemented through EU member state legislation. In Poland, these directives are implemented through Act 29.12.1992, Act 9.11.1995, and Act 8.04.2010. Act 29.12.1992 prohibited tobacco advertising and sponsorship on foreign and domestic TV and radio programmes. Act 9.11.1995 further restricted tobacco advertising, promotion and sponsorship in print media, outdoor advertising, and information services. Act 8.04.2010 impacts definitions and fines for tobacco advertising, promotion and sponsorship.

Act 9.11.1995 originally regulated packaging and labeling of cigarettes. Act 8.04.2010 amended Act 9.11.1995 to include regulation of health warnings on smoked tobacco products other than cigarettes. Regulation 24.02.2004 was issued pursuant to Act 9.11.1995 and sets forth the specific size, content, placement, and rotation of health warnings for all smoked tobacco products.

Review Status

This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.

Last updated: June 7th 2013
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