LANGUAGE
Last updated: June 1st 2020

Sales Restrictions

Sale of single cigarettes/sticks

Banned
Analysis

The law prohibits the manufacture of cigarettes in packages that contain fewer than 10 cigarettes. This is interpreted as banning the sale of single cigarettes.

The law aligns with FCTC Art. 16 in that the law prohibits the sale of single cigarettes.

Sale of tobacco products via vending machines

Banned
Analysis

The law prohibits the sale of tobacco products through vending machines.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 (sales to minors) with respect to vending machines.

Sale of tobacco products via the internet

Uncertain
Analysis

It is uncertain whether sales of tobacco products by internet are prohibited. The law could be interpreted as prohibiting internet sales under the general ban on tobacco advertising and promotion, as internet sales are an inherent form of advertising. However, because the law does not contain a definition of “tobacco advertising and promotion,” it is unclear whether internet tobacco product sales fall under the ban. In addition, although Art. 16 of the Organic Law places some restrictions on sales, it does not address internet sales.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make clear that internet sales of tobacco products are prohibited as inherently involving tobacco advertising and promotion, as provided in FCTC Art. 13 Guidelines paras. 18-19. In addition, to clarify the scope and aid in enforcement of the ban on tobacco advertising and promotion, the law should provide a definition of “tobacco advertising and promotion” in accordance with the definition contained in the FCTC.

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
Analysis

The law prohibits the sale of tobacco products in childcare centers along with public and private educational facilities at all levels.

Playgrounds

Banned
Analysis

The law prohibits the sale of tobacco products in public and private recreational spaces for children and teenagers. Therefore, the provision is interpreted as prohibiting the sale of tobacco products on playgrounds.

Stadiums/arenas

Banned
Analysis

The law prohibits the sale of tobacco products in any institution or setting designed for the practice of sports. Therefore, the provision is interpreted as prohibiting the sale of tobacco products on stadiums/arenas.

Healthcare facilities

Banned
Analysis

The law prohibits the sale of tobacco products in both public and private healthcare facilities.

Cultural facilities

Banned
Analysis

The law bans the sale of tobacco products where artistic and cultural performances take place. This is interpreted as banning the sale of tobacco products in cultural facilities.

Pharmacies

Banned
Analysis

The law prohibits the sale of tobacco products in pharmacies.

Public institutions and government buildings

Banned
Analysis

The law prohibits the sale of tobacco products in all public institutions and government buildings.

Retail Package Size Restrictions

Minimum number of cigarette sticks per unit package

Yes
Analysis

The law prohibits the manufacture of cigarettes in packages that contain fewer than 10 cigarettes.

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

Yes
Analysis

The law prohibits the manufacture of tobacco products other than cigarettes in packages with fewer than 10 grams. Therefore, the law prohibits the manufacture of smokeless tobacco products with fewer than 10 grams.

Minimum weight of other tobacco products

Yes
Analysis

The law prohibits the manufacture of other tobacco products than cigarettes in packages with fewer than 10 grams.

Retail Licensing Requirements

Specific retail license required to sell tobacco products

No
Analysis

The law does not require a specific retail license to sell tobacco products.

To align with FCTC Art. 15, the law should require retailers to obtain a license to sell tobacco products.