Last updated: December 3rd 2021

Sales Restrictions

Sale of single cigarettes/sticks

Banned
Analysis

The law prohibits the sale of single cigarette sticks.

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

Sale of tobacco products via vending machines

Some Restrictions
Analysis

Vending machines are permitted at newspaper stands, at certain convenience stores, and inside hotels, inns, bars, restaurants, dance halls, and gaming establishments. They must be located where they can be overseen by the owner or workers of the establishment. Vending machines may not be used by minors under the age of 18 and must have a mechanism that can prevent access by minors. They are required to have a clear and visible health warning regarding the hazards derived from tobacco use on the front surface of the machines.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, vending machines should be prohibited as an inherent form of advertising. To meet FCTC Art. 16, vending machines should not be placed where they are accessible to minors.

Sale of tobacco products via the internet

Banned
Analysis

The law expressly prohibits distance sales of tobacco products or sales by any method that is not a direct personal sale (other than authorized vending machine sales). Tobacco product sales via the internet therefore are prohibited, as these sales do not involve direct personal contacts.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet tobacco product sales.  For greater clarity, however, the law clearly should state that internet sales of tobacco products are prohibited.

Sale of smokeless tobacco products

Some Restrictions
Analysis

The sale of tobacco products for oral use is prohibited. “Tobacco for oral use” is defined as all products intended for oral use, except for products aimed at being inhaled or chewed, consisting wholly or partially of tobacco in the form of powder, fine particles, or any combination of these, in particular those presented in dose sachets or porous sachets. The sale of other smokeless tobacco products is allowed. Therefore, the regulatory status code "Some Restrictions" is given.

Law Source, Section
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Arts. 3(af), 3(ak), 25

Sale of waterpipe tobacco products

Allowed
Analysis

The sale of waterpipe tobacco is allowed. However, it is subject to the same regulations as other tobacco products. Waterpipe tobacco is defined as a tobacco product that can be consumed through a water pipe, including "hookah."

Law Source, Section
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Art. 3(al)

Location-based Sales Restrictions

Schools/educational facilities

Banned
Analysis

The law prohibits the sale of tobacco products in schools/educational facilities.

Playgrounds

Banned
Analysis

The law prohibits the sale of tobacco products in all places where smoking is banned. Therefore, the sale of tobacco products in playgrounds and children’s play areas is prohibited.

Stadiums/arenas

Banned
Analysis

The law prohibits the sale of tobacco products in sports centers and facilities, including spaces where public events are held; this is interpreted to include tobacco sales at stadiums/arenas.

Healthcare facilities

Banned
Analysis

The law prohibits the sale of tobacco products in healthcare facilities, including open areas.

Cultural facilities

Banned
Analysis

The law prohibits the sale of tobacco products in cultural facilities. These include: reading rooms, exhibits, libraries, conferences, museums, theater halls, cinemas, and other public shows performed in enclosed areas.

Government buildings

Banned
Analysis

The law prohibits the sale of tobacco products in government buildings, public facilities, and social services centers.

Smoke-free places

Banned
Analysis

The law prohibits the sale of tobacco products in all places where smoking is banned. These places include: public and private workplaces; customer service areas; shopping centers; recreation or entertainment centers; food-related establishments; public transport facilities; and all other indoor places for public or collective use.

Retail Package Size Restrictions

Minimum number of cigarette sticks per unit package

Yes
Analysis

The law prohibits the sale of cigarettes in packages of fewer than 20 sticks.

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

Law Source, Section
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Art. 20

Minimum weight of smokeless tobacco per unit package

No
Analysis

The law does not require a minimum weight per unit package of smokeless tobacco.

Minimum weight of rolling tobacco per unit package

Yes
Analysis

The law establishes that a single package of rolling/fine-cut tobacco must contain at least 30 grams.

Law Source, Section
Royal Decree 579/2017 of June 9 on the regulation of certain aspects related to the manufacture, presentation and marketing of tobacco products and related products
Art. 20

Retail Licensing Requirements

Specific retail license required to sell tobacco products

Yes
Analysis

The law requires retail traders of tobacco products to obtain an administrative authorization to sell tobacco, which may solely be performed through the Tobacco and Stamps Retailers Network or vending machines located in establishments with the relevant approval. The Commissioner for the Tobacco Market is the body in charge of authorizing the retail sale of tobacco to those who are owners of a commercial establishment that is not subject to any of the prohibitions established in the health regulations.

The law aligns with FCTC Art. 15 in that the law requires retailers to be approved by the government to sell tobacco products.

Law Source, Section
Law 13/1998 of May 4 on the Organization of Tobacco Market and Tax Regulations (as amended)
Art. 4
Royal Decree 1199/1999 of July 9 which develops Law 13/1998 (as amended)
Art. 25