FZ-15 "On the prohibition of smoking" (as amended in 2015) was adopted in accordance with the WHO Framework Convention. The normative act regulates relations in the field of protecting people's health from the negative effects of smoke and the consequences of the consumption of products containing nicotine. Let us further consider in detail FZ-15 "On the prohibition of smoking" with comments.
Key areas
To prevent the occurrence of pathologies associated with the influence of smoke and the consumption of products containing nicotine and tar, federal law 15- "On the prohibition of smoking" provides a certain set of preventive measures. These include:
- Development of tax and pricing policies aimed at reducing the demand for relevant products.
- Determination of territories, objects and premises in which the consumption of products containing resins and nicotine is not allowed.
- Regulation of the composition of products and their disclosure, the establishment of requirements for labeling and packaging.
- Informing citizens about the negative effects of products containing nicotine and tar, as well as the harmful effects of smoke.
- Establishment of bans on sales promotion and advertising of tobacco products.
- Providing the population with medical care aimed at stopping the consumption of products containing nicotine and tar, treatment of dependence and consequences.
- Suppression of the illicit sale of tobacco products.
- Restriction of trade in products containing tar and nicotine.
- Establishing bans on the sale of products to minors, their consumption of tobacco and their involvement in the smoking process.
Categories of objects
Federal Law 15-FZ "On the Prohibition of Smoking" establishes a list of territories and sites within which consumption of products containing tar and nicotine is not allowed. The list includes:
- Territories and premises used to provide educational services, institutions of culture and youth, sports and physical education.
- Train cars and long-distance vessels / voyages in the process of transporting passengers.
- Premises and territories intended for the provision of rehabilitation, medical and sanatorium-resort services.
- Aircraft, public transport of any kind of suburban and city traffic, including ships.
- Premises intended for the provision of hotel, housing services used for temporary residence / accommodation.
- Territories where trade, catering services are provided, consumer services are provided, markets operate.
- The premises of social services.
- Work areas organized in structures / buildings.
- Elevators and common areas in apartment buildings.
- Playgrounds and areas occupied by beaches.
- Passenger platforms intended for embarkation / disembarkation of citizens during transportation along suburban routes.
- Gas stations.
In areas located in the open air, FZ-15 "On the prohibition of smoking" also applies. 15 meters - the distance at which a citizen should be, consuming products containing nicotine and tar from the entrances to the premises:
- Railway, bus stations.
- Metro stations.
- Air, sea and river ports.
Exceptions
They are installed in Part 2 of Art. 12 FZ-15 "On the prohibition of smoking." The provisions of the article allow the consumption of products containing resins and nicotine in specially designated areas. Their organization is carried out in accordance with the decision of the owner of the property or a person authorized by him. Part 2, Art. 12 FZ-15 "On the prohibition of smoking" provides for a number of requirements, in accordance with which the equipment of specially designated areas should be carried out. In the norm, in particular, it is determined that ventilation equipment must be installed on ships staying in long-distance sailing, as well as in isolated rooms in apartment buildings. General requirements for equipping special areas in the open air are determined by the executive federal body that implements the functions of implementing state policy and normative regulation in the field of urban planning, architecture and housing and communal services, together with healthcare institutions. They must ensure compliance with hygiene standards for the concentration in the air of compounds released during the consumption of products containing resins and nicotine. One of the mandatory requirements for designating areas within which consumption of products containing tar and nicotine is not allowed under Federal Law FZ-15 "On the Prohibition of Smoking" is a sign. The requirements for its content, as well as the installation procedure, are determined by the executive body authorized by the government. Regional state authorities have the right to establish additional restrictions in certain territories or premises.
Demand Reduction Measures
FZ-15 "On the prohibition of smoking" (as amended) does not allow the promotion and sale of products containing nicotine and tar. To implement this task is not allowed:
- Distribution of products for free, including as gifts.
- Using discounts on the cost of products by any means, creating coupons and coupons.
- The use of a trademark intended for the individualization of products on other types of goods that do not belong to the category in question in the production process. Retail and wholesale of items that do not contain tar and nicotine, but which use a tobacco product label, are also not allowed.
- Use and imitation of products in the production and wholesale and retail sale of other goods.
- Demonstration of products and their consumption in audiovisual works intended for children. These include, but not limited to, video and television films, radio, television, film, video, video, theater and entertainment shows and programs. On-air communication, public performance, and also any other use of works in which tobacco products and the process of their consumption are shown are not allowed.
- Organization and holding of contests, lotteries, games and other events, the condition for participation in which is the acquisition of the products in question.
- The use of trademarks, trade names and other means of individualization of tobacco enterprises in the implementation of charitable activities.
- Organization and holding of sports, cultural and other mass events, the result (including probable), the purpose of which is an indirect or direct inducement to the consumption or purchase of products.
Sponsorship
Federal Law No. 15 “On the Prohibition of Smoking” establishes a number of requirements for companies broadcasting audiovisual works in which products and their consumption are demonstrated. If the television, video, film, television, video chronicle program contains the corresponding frames, the organizer of the show must provide before or during it broadcast messages about the dangers of using products. The Law "On the Prohibition of Smoking" 15-FZ allows the demonstration of products and the process of their use when informing citizens about the resulting health damage and the negative impact on the state of the environment.
Illegal sale warning
FZ-15 "On the prohibition of smoking" (2015) provides for a number of measures aimed at preventing the illegal trade in related products. These include:
- Maintenance of accounting for the release of products, their movement across the border of the Customs Union within the framework of the EAEU or through the state border of Russia, their retail and wholesale.
- Tracking equipment used in manufacturing, moving and distributing products.
- Suppression of cases of unlawful sale of products, bringing perpetrators to justice, confiscation of illegally moved, counterfeit items across the border of the Customs Union or the state border of Russia, their destruction in accordance with the requirements of the law.
These measures are carried out on the basis of tax and customs records, excise or special marking schemes, and manufacturers' own information databases. The federal body that compiles and analyzes the data, as well as the procedure for exchanging information between supervisory authorities, are determined by the government. To prevent the illegal sale of products, each package and pack is subject to labeling in accordance with the provisions of regulatory enactments on technical regulation.
Sales organization
In accordance with FZ-15 "On the prohibition of smoking", the sale of products is allowed in rooms equipped with utility, retail, administrative, and warehouse structures. In the absence of pavilions and shops on the territory of the settlement, sale is permitted in other facilities or by the delivery method. FZ-15 "On the prohibition of smoking" does not allow the sale of products at exhibitions, fairs, remote, delivery methods, using machines or other means.
Display of goods
Fz-15 "On the prohibition of smoking" does not allow retail trade with the demonstration of products on the counter. Information about the products sold is communicated to consumers by posting their list. The text of the list is executed in letters of the same size, in black on a white background. The list is compiled in alphabetical order. Opposite each item is indicated the cost. The list should not contain any drawings and images. FZ-15 "On the prohibition of smoking" allows the demonstration of products to the consumer after reading the list.
Additionally
FZ-15 "On the prohibition of tobacco smoking" does not allow the retail sale of cigarettes present in a pack in an amount of less than 20 pcs., Cigarettes and other products by the piece, products that do not have consumer packaging, and also packaged in the same container with other goods that do not contain nicotine and tar.
Constraints for implementers
As stated in Federal Law-15 “On the Prohibition of Smoking”, in public places not only consumption of products containing tar and nicotine is not allowed, but also their sale. In particular, we are talking about objects of mass gathering of citizens. These include premises and territories used for the provision of educational, cultural and leisure services, youth institutions, sports, sanatorium, rehabilitation, medical centers and complexes, public transport of suburban and intracity communications, including ships, structures, occupied local and state authorities. In buildings of railway and bus stations, in air, river and sea ports used to provide services for the carriage of passengers, at facilities intended for the provision of hotel or housing services, temporary accommodation or accommodation, consumer services, products are also not allowed to be sold in accordance with the Federal Law -15 "On the prohibition of smoking."
Comments
The normative act under consideration establishes rather strict rules aimed at limiting the distribution of products containing nicotine and tar. In particular, much attention is paid to measures to prevent the consumption of products by minors. Administrative, civil and disciplinary liability is provided for entities violating the provisions of Federal Law-15 “On the prohibition of smoking”. Fines and other penalties are imputed in accordance with the Code of Administrative Offenses and other codes. The normative act also does not allow the sale of products containing resins and nicotine, closer than 100 m in a straight line from the nearest point located on the border with the territory within which educational services are provided. When calculating the distance, natural and artificial barriers are not taken into account.
Monitoring
Evaluation of the effectiveness of measures aimed at preventing the effects of smoke and reducing the consumption of products containing resins and nicotine includes:
- Performing research. They are aimed at studying the causes of consumption of products with a limited turnover, as well as the consequences that arise, evaluating actions that stimulate sales and consumption.
- Determination of indicators of the state of health of the population, the dynamics of reducing the number of smokers They are used in the subsequent development and implementation of measures aimed at counteracting the distribution of products.
- Sanitary and epidemiological studies of existing consumption levels.
FZ-15 "On the prohibition of smoking in public places" determines that the evaluation of the effectiveness and monitoring of measures aimed at preventing the negative effects of smoke and reducing the consumption of products containing tar and nicotine is carried out by the executive body, which implements the functions of developing and implementing state policy and regulatory regulation of relations in the field of healthcare, executive oversight structures working in the areas of ensuring sanitary and epidemiological welfare of citizens, protection of health Fraud Rights, Statistical Accounting. The procedure for their activities as part of the enforcement of regulations is established by the government. The constituent entities of the Russian Federation participate in monitoring and evaluating the effectiveness of the implementation of measures stipulated by regulatory acts in accordance with regional legislation, as well as on the basis of agreements with the executive federal body that develops and implements these measures, as well as provides legal regulation in the field of healthcare.
Using assessment and monitoring results
Based on the indicators obtained in the analysis of the effectiveness of the implementation of the measures aimed at preventing the negative effects of smoke and reducing the consumption of products containing resins and nicotine, the federal executive body, which performs the functions of developing and implementing state policy and implementing regulatory regulation in the field of health, carries out:
- Informing the authorized power structures of the regions, municipalities and citizens about the extent of use of products with limited circulation, as well as ongoing or planned measures aimed at reducing it.
- Development of measures aimed at combating the distribution and illegal sale of products. They are to be included in targeted programs for the protection and promotion of health, as well as in the state strategy for the development of the health system.
- Preparation and submission of a report on the implementation by the Russian Federation of the provisions of the WHO Framework Convention on Tobacco Control.
Key principles for public protection
Protecting the health of citizens from the negative effects of smoke and the consequences of tobacco use is based on:
- Respect for the rights of the population in the field of sanitary and hygienic well-being.
- Prevention of disability, morbidity, premature mortality associated with the effects of smoke and the consumption of products containing nicotine and tar.
- Responsibility of state bodies and structures of municipal authorities, legal entities and individual entrepreneurs for ensuring the rights of the population in the field of health protection.
- A systematic approach to the implementation of measures aimed at preventing the effects of smoke and reducing the volume of consumption of products, the sequence and continuity of their implementation.
- The priority of public health before the commercial interest of tobacco enterprises.
- Ensuring the international partnership of the Russian Federation in the field of protecting citizens from the negative effects of smoke and the consequences of the use of products.
- The interaction of state bodies, local authorities, legal entities, individual entrepreneurs and the rest of the population, not related to tobacco enterprises.
- Openness and independence of evaluating the effectiveness of the implementation of measures aimed at counteracting the distribution of products and reducing their consumption.
- Informing citizens about the negative consequences of using products containing tar and nicotine, both for themselves and for the environment.
- Compensation for damage to health, life, property of citizens, material values of individual entrepreneurs or legal entities resulting from exposure to smoke and the consequences of tobacco use.
Authority of state bodies
As part of the implementation of the provisions of Federal Law-15, federal structures provide:
- Implementation of a unified state policy in the field of protecting public health from the negative effects of smoke and the effects of the use of products containing nicotine and tar.
- Protection of the rights of a citizen and a person in the field of ensuring sanitary and epidemiological welfare.
- Providing the population with medical assistance aimed at stopping the use of tobacco products, treatment for dependence and consequences of consumption of products, in health care facilities in accordance with applicable regulations.
- The development and implementation of measures to protect the health of citizens, their inclusion in targeted programs and the state strategy for the development of the health system.
- Coordination of the work of executive bodies of state power, regional government structures in the field of protecting the population from the negative effects of smoke and the consequences of tobacco use.
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