LANGUAGE
Last updated: September 18th 2019

Sales Restrictions

Sale of single cigarettes/sticks

Banned
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Analysis

The law prohibits the sale of individual cigarettes, cigars and cigarillos.

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
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Analysis

Law No. 349 of 2002 prohibits the sale of tobacco products through vending machines.

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

Sale of tobacco products via the internet

Some Restrictions
Analysis

Law No. 201 of 2016 prohibits cross-border distance sales of tobacco products to consumers in Romania (incoming). The law also prohibits retailers in Romania from engaging in cross-border distance sales to consumers in other EU Member States where such sales have been prohibited. However, cross-border distance sales are permitted from Romania to EU Member States that allow such sales and other non-EU countries. The law requires retailers that engage in cross-border distance sales to use an age verification system.

The law does not specifically address domestic distance sales by Romanian retailers. However, Law No. 457 of 2002 prohibits advertising of tobacco products through “information society services,” which includes internet communications. Because distance sales are an inherent form of advertising, this provision is interpreted as prohibiting domestic distance sales within Romania. Because distance sales are completely banned within Romania, but Romanian retailers may, with restrictions, engage in distance sales outside Romania, the regulatory status code “Some Restrictions” is given.

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

Sale of smokeless tobacco products

Some Restrictions

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 on the premises of state-owned or private education facilities.

Playgrounds

Allowed
Analysis

The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products on playgrounds.

Stadiums/arenas

Allowed
Analysis

The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in stadiums/arenas.

Healthcare facilities

Banned
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Analysis

The law prohibits the sale of tobacco products on the premises of state-owned or private healthcare facilities.

Cultural facilities

Allowed
Analysis

The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in cultural facilities.

Retail Package Size Restrictions

Minimum number of cigarette sticks per unit package

Yes
Analysis

The law requires that a "unit packet of cigarettes shall . . . include no less than 20 cigarettes."

The law aligns with FCTC Art. 16 with respect to the sale of small packets of cigarettes.

Minimum weight of smokeless tobacco per unit package

No
Analysis

The sale of tobacco for oral use is prohibited. The law does not specify a minimum weight requirement for other types of smokeless tobacco products.

Roll-your-own tobacco (smoked product)

Yes

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 all retailers to obtain a license to sell tobacco products.