Last updated: February 3, 2020

Sales Restrictions

Sale of single cigarettes/sticks

Banned
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Analysis

The law prohibits the sale of tobacco products in open packages. This effectively bans the sale of single cigarettes.

To more fully align with FCTC Art. 16, the law should affirmatively prohibit the sale of single cigarettes as this increases the affordability of cigarettes to minors.

Sale of tobacco products via vending machines

Banned
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Analysis

Law 26687 specifically prohibits the sale of tobacco products by vending machine.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 in this respect.

Sale of tobacco products via the internet

Allowed
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Analysis

The law prohibits internet tobacco sales when verifying the age of the recipient is not possible. Because of the difficulty of age verification via the internet, the age verification requirement is not interpreted as prohibiting internet sales. The regulatory status, “Allowed,” accordingly, is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit internet tobacco product sales as internet sales are an inherent form of tobacco advertising and promotion.

Sale of smokeless tobacco products

Allowed
Analysis

The law does not specifically prohibit the sale of smokeless tobacco products; therefore, the law is interpreted as permitting the sale of smokeless tobacco products.

Sale of waterpipe tobacco products

Allowed
Analysis

The law does not specifically prohibit the sale of waterpipe tobacco; therefore, the law is interpreted as permitting the sale of waterpipe tobacco.

Location-based Sales Restrictions

Schools/educational facilities

Banned
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Analysis

The law prohibits the sale of tobacco products in teaching facilities of all levels, whether state or private.

Playgrounds

Allowed
Analysis

The law does not prohibit or restrict the sale of tobacco products in playgrounds; therefore, the law is interpreted as permitting the sale of tobacco products in playgrounds.

Stadiums/arenas

Banned
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Analysis

The law prohibits the sale of tobacco products in stadiums.

Healthcare facilities

Banned
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Analysis

The law prohibits the sale of tobacco products in hospitals and healthcare facilities, whether state or private.

Cultural facilities

Banned
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Analysis

The law prohibits the sale of tobacco products in venues for museums or clubs and halls for public shows, such as cinemas, theaters and stadiums.

Public offices and buildings

Banned
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Analysis

The law prohibits the sale of tobacco products in public offices and buildings.

Means of public passenger transportation

Banned
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Analysis

The law prohibits the sale of tobacco products in means of public passenger transportation.

Retail Package Size Restrictions

Minimum number of cigarette sticks per unit package

Yes
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Analysis

Law 26687 prohibits the sale of cigarettes in packages with fewer than 10 units.

The law aligns with FCTC Art. 16 with respect to the sale of small packets of cigarettes. To more fully align, the law should require a minimum of 20 cigarette sticks per packet.

Minimum weight of smokeless tobacco per unit package

No
Analysis

Decree 602 of 2013 authorizes the enforcement authority to regulate the size and characteristics of packages of "tobacco for chewing, sucking or sniffing, or other tobacco products." However, these regulations have not yet been promulgated.

Minimum weight for cigars

Yes
Analysis

Decree 602 of 2013 requires cigars whose wrapping is made of tobacco leaf with a net weight of tobacco that is three (3) grams or more to be sold in closed packs that contain at least five (5) units. Cigars wrapped in natural tobacco leaf with a net weight of tobacco that is nine (9) grams or more may be sold by the individual unit in closed packages.

In addition, Decree 602 of 2013 authorizes the "enforcement authority" to regulate the size and characteristics of packages of "rolling tobacco, pipe tobacco, pulverized tobacco . . . or other tobacco products." However, such regulations have not yet been issued.

Retail Licensing Requirements

Specific retail license required to sell tobacco products

Yes
Analysis

Decree 602 of 2013 requires tobacco retailers to "have specific authorization for retail sale of tobacco products."

The law aligns with FCTC Art. 15 in that the law requires retailers to obtain a license to sell tobacco products.