LAW OF THE REPUBLIC OF MOLDOVA

of May 29, 2015 No. 124

About modification and amendments in some legal acts

The Parliament adopts this organic law.

Art. I. – In the Law on tobacco and tobacco products No. 278-XVI of December 14, 2007 (Official monitor of the Republic of Moldova, 2008, Art. No. 47-48, 139), with subsequent changes, to make the following changes and additions:

1. To state the name of the law in the following edition:

"Law on control over tobacco".

2. State Articles 1 and 2 in the following edition:

"Article 1. Subject and purpose of the law

(1) This law regulates activities for control over tobacco.

(2) Control over tobacco represents the regulating mechanism founded by the state directed to reduction of the harm done to health by consumption of tobacco products and similar products and impact of tobacco smoke.

(3) the Purpose of this law is providing with the state necessary conditions for protection of health of the population against effects of consumption of tobacco products and similar products and impact of tobacco smoke.

Article 2. Basic concepts

In this law the basic concepts have the following value:

additive – the substance other than tobacco added to any tobacco product to its single packaging or any outside package;

outside package – the any kind of packaging used for placement of tobacco products and similar products in the market and containing single packaging or group of single packagings. The transparent wrapper is not considered outside package;

fragrance – additive which impacts smell and/or relish;

characteristic aroma – obviously felt smell or taste other than smell or taste of tobacco determined by additive or combination of additives which include without being limited to it, the fruit, spices, herbs, alcohol, sweets, menthol or vanilla felt to or during consumption of tobacco product;

the warning of harm for health – the warning of adverse effect of product on the health of the person or other undesirable effects of its consumption including text preventions, the combined warnings of harm for health, general preventions and information messages according to this law;

the combined warning of harm for health – the warning of harm for health consisting of combination of the text prevention and the corresponding photo or other illustration;

electronic library of warnings of harm for health – the electronic file approved by the Government and developed and provided by the Ministry of Health containing the combined warnings of harm for health which shall be printed on single packaging and on any outside package of smoking tobacco products;

tobacco cultivation – set of engineering procedures of cultivation and landing of seedling of tobacco, care of tobacco plantations and cleaning of leaves;

tobacco waste – the additional (accompanying) product received in the course of conversion of tobacco and tobacco products manufacture: tops and stalks of tobacco plants, tobacco veins, scraps of tobacco leaves and tobacco dust;

the emitted substances – substances which are emitted when using tobacco product or similar product to destination, such as the substances containing in smoke or the substances emitted when using not smoking tobacco products;

tobacco fermentation – set of engineering procedures as a result of which in dry tobacco leaves there are biochemical and physical changes improving their quality, smoking properties and capability to long-term storage;

smoking – possession or manipulation of the lit tobacco product or similar product irrespective of, smoke actively is inhaled or exhausts;

tobacco smoke – the smoke which is emitted from burning of cigarette, tobacco for hookah or other tobacco product naturally or in combination with the smoke exhaled by the smoker;

the tobacco industry – set of the business entities making, importing, exporting, storing and/or selling tobacco and/or tobacco products;

ingredient – tobacco, additive, and also any the substance or element which are present at finished tobacco product or similar product including paper, the filter, ink, sleeves and glues;

the workplace – any closed or half-closed place used during service or work regardless of that, paid is activities or not. Workplaces include not only those places where activities, but also all adjacent or occasional seats which are usually used working during their activities including corridors, elevators, ladders, lobbies, adjacent rooms, buffets, toilets, recreation rooms, places of meal, office constructions, such as workshops and hangars, and also the vehicles used in the office purposes are directly performed;

the public service vehicle – any vehicle used for public transportation of people, as a rule, for a fee including taxi;

single packaging – the minimum individual packaging of the tobacco product or similar product placed in the market;

placement in the market – action for provision of products to the consumer by means of sale or any other form of transfer;

dependence development potential – pharmacological capability of substance to cause dependence – condition which influences capability of the person to control the behavior, – as a rule, by means of the mechanism of compensation or relief of symptoms of abstinence syndrome or that and another;

tobacco redraing-processing – the special engineering procedure of hydroheat treatment of not fermented tobacco applied in complex with other technological transactions of industrial conversion as a result of which in dry tobacco leaves there are biochemical and physical changes improving their quality, smoking properties and capability to long-term storage;

similar products – products from smoking herbs and the nicotinocontaining products including electronic cigarettes;

products from smoking herbs – products on the basis of plants, herbs or fruit which do not contain tobacco and which can be used by means of burning;

the nicotinocontaining products – any consumed by inhalation, proglatyvaniya or otherwise products to which nicotine is added in production process or are added by the consumer to or during consumption;

tobacco products – the consumed products which consist, at least partially, of tobacco irrespective of, it is genetically modified or not;

not smoking tobacco products – the tobacco products which are not assuming burning process including chewing tobacco, snuff tobacco and tobacco for the oral use;

smoking tobacco products – tobacco products, other than not smoking tobacco products;

new tobacco product – tobacco product, which:

a) does not treat one of the following categories: cigarettes, tobacco for twisting of cigarettes, pipe tobacco, tobacco for hookah, cigars, cigarillos, chewing tobacco, snuff tobacco, tobacco for the oral use; and

b) it is placed in the market after January 1, 2016;

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