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It is prohibited to sell electronic cigarettes to minors from January 1

08/ 12/ 2020
  On December 2, the Verkhovna Rada passed the Draft Law №3628, which bans the sale of e-cigarettes, liquids for e-cigarettes, and devices for consuming heat-not-burn tobacco products to minors. Thus, the seller will have the right to demand from the buyers a document certifying his age, if they have doubts about his age, because currently, they do not have such a right. These products will have the same sales restrictions as cigarettes after the entry into force of the Law. Thus, legislators have established liability for the sale of excisable goods by increasing the fine from 400 to 800 non-taxable minimum incomes (6800 - 13600 UAH). The current fines for such violations amount to 100 - 400 non-taxable minimum incomes which is 1700-6800 UAH. Besides the ban on the sale of minors, the Law also enshrines the definition of TVEN to indicate tobacco-containing products for electric heating. These are products containing industrially processed tobacco, not intended for smoking, sniffing, sucking, or chewing, which are used to generate an aerosol by heating the tobacco with an electronically controlled electric heater to a temperature at which the product does not burn and emit tobacco smoke, as well as devices for consuming tobacco products without burning them. The law comes into force on January 1, 2021. Thus, the Cabinet of Ministers of Ukraine within three months from the date of entry into force of this Law must submit to the Verkhovna Rada of Ukraine a draft Law of Ukraine on bringing the legislation of Ukraine in line with Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 regarding the sale of tobacco products and related products to European standards. The European Business Association supports the established restrictions for minors regarding the sale of tobacco products and is ready to participate in the implementation of Directive 40 in Ukraine 2014/40/EU in Ukraine.

On December 2, the Verkhovna Rada passed the Draft Law №3628, which bans the sale of e-cigarettes, liquids for e-cigarettes, and devices for consuming heat-not-burn tobacco products to minors. Thus, the seller will have the right to demand from the buyers a document certifying his age, if they have doubts about his age, because currently, they do not have such a right. These products will have the same sales restrictions as cigarettes after the entry into force of the Law.

Thus, legislators have established liability for the sale of excisable goods by increasing the fine from 400 to 800 non-taxable minimum incomes (6800 – 13600 UAH). The current fines for such violations amount to 100 – 400 non-taxable minimum incomes which is 1700-6800 UAH.

Besides the ban on the sale of minors, the Law also enshrines the definition of TVEN to indicate tobacco-containing products for electric heating. These are products containing industrially processed tobacco, not intended for smoking, sniffing, sucking, or chewing, which are used to generate an aerosol by heating the tobacco with an electronically controlled electric heater to a temperature at which the product does not burn and emit tobacco smoke, as well as devices for consuming tobacco products without burning them.

The law comes into force on January 1, 2021. Thus, the Cabinet of Ministers of Ukraine within three months from the date of entry into force of this Law must submit to the Verkhovna Rada of Ukraine a draft Law of Ukraine on bringing the legislation of Ukraine in line with Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 regarding the sale of tobacco products and related products to European standards.

The European Business Association supports the established restrictions for minors regarding the sale of tobacco products and is ready to participate in the implementation of Directive 40 in Ukraine 2014/40/EU in Ukraine.

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