FZ No. 15 on the prohibition of smoking with changes and comments
FZ-15 "On the prohibition of smoking" (with changes in 2015) was adopted in accordance with the WHO Framework Convention. The normative act regulates relations in the field of protecting human health from the negative effects of smoke and the effects of consumption of products containing nicotine. Let's consider in detail FZ-15 "On the prohibition of smoking" with comments.
To prevent the occurrence of pathologies,related to the effect of smoke and the consumption of products containing nicotine and tar, Federal Law 15-FZ "On the prohibition of smoking" provides for a certain set of preventive measures. These include:
- Development of tax and price policies aimed at reducing the demand for related products.
- The definition of territories, facilities and premises in which the consumption of products containing tar and nicotine is not allowed.
- Regulation of product composition and its disclosure, establishment of requirements for labeling and packaging.
- Informing citizens about the negative impact of products containing nicotine and tar, as well as the harmful effects of smoke.
- Establish bans on the promotion of sales and advertising of tobacco products.
- Provision of medical care to the population aimed at stopping the consumption of products containing nicotine and tar, treatment of dependence and consequences.
- Suppression of illegal sale of tobacco products.
- Restriction of trade in products containing tar and nicotine.
- Establishment of bans on the sale of products to minors, their consumption of tobacco and their involvement in the process of smoking.
Categories of objects
Federal Law 15-FZ "On the prohibition of smoking" establishes a list of areas and areas within which consumption of products containing tar and nicotine is not allowed. The list includes:
- Territories and facilities used to provide educational services, cultural and youth institutions, sports and physical education.
- Wagons of trains and long-distance vessels / vessels in the process of transporting passengers.
- Premises and territories intended for providing rehabilitation, medical and sanatorium-and-spa services.
- Air vessels, public transport of any kind of suburban and city traffic, including ships.
- Premises designed to provide hotel, housing services used for temporary residence / accommodation.
- Territories on which services of trade, a public catering are rendered, consumer services are carried out, the markets work.
- Social services premises.
- Work areas organized in buildings / buildings.
- Elevators and common use areas in apartment buildings.
- Playgrounds and areas occupied by beaches.
- Passenger platforms, intended for planting / drop-off citizens by transportation on suburban routes.
- Gas stations.
In areas located in the open air,also acts FZ-15 "On the prohibition of smoking". 15 meters - the distance at which a citizen is required to consume products containing nicotine and tar from the entrances to the premises:
- Railway, bus stations.
- Metro stations.
- Aero-, sea and river ports.
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 tar and nicotine, in specially designated areas. Their organization is conducted in accordance with the decision of the owner of the property or the person authorized by him. Part 2 of Art. 12 FZ-15 "On the prohibition of smoking" provides for a number of requirements, according to which special areas should be equipped. In the norm, in particular, it is determined that the ventilation equipment must be installed on ships staying in deepwater as well as in isolated premises 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 sphere of town planning, architecture and housing and communal services, together with healthcare structures. They should ensure compliance with hygienic standards for the concentration in air of compounds released when consuming products containing tar and nicotine. One of the mandatory requirements for the designation of areas within which the consumption of products containing tar and nicotine is not allowed under FZ-15 "On the prohibition of smoking" - a sign. The requirements for its content, as well as the order of installation, are determined by the executive body authorized by the government. Regional bodies of state power have the right to establish additional restrictions on individual territories or in premises.
Measures to reduce demand
FZ-15 "On the prohibition of smoking" (with changes) does not allow the promotion of sales and advertising of products containing nicotine and tar. To implement this task it is not allowed:
- Distribution of products for free, including as gifts.
- Use of discounts on the cost of products by any means, the creation of coupons and coupons.
- The use of a trademark intended forindividualization of products, on other types of goods that are not related to the category in question, in the production process. It is also not allowed to retail and wholesale items that do not contain tar and nicotine, but which uses a means of designating tobacco products.
- Use and imitation of products during the release and wholesale and retail sale of other goods.
- Demonstration of products and the process of their consumption inaudiovisual works intended for children. They include video and television films, radio, television, film, video, information about theatrical performances and programs. The message on the air, public performance, as well as any other use of works in which tobacco products are displayed and the process of their consumption 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.
- Use of trademarks, trade names and other means of individualization of tobacco enterprises in the conduct of charitable activities.
- Organization and conduct of sports, cultural andother mass events, the result (including probable), the purpose of which is indirect or direct motivation to consume or purchase products.
FZ No 15 "On the prohibition of smoking" establishes a number ofrequirements for companies that broadcast audiovisual works, in which the production and consumption process are demonstrated. In the event that a television, video, film, television, video chronicle contains relevant frames, the display organizer must ensure that, prior to or during the broadcast, messages about the harmful use of the products are provided. The Law "On the prohibition of smoking" 15-FZ allows the demonstration of products and the process of its use in informing citizens about the resulting harm to health and negative impact on the state of the environment.
Prevention of illegal sales
FZ-15 "On the prohibition of smoking" (2015) provides for a number of measures aimed at preventing illegal trade in relevant products. They include:
- Ensuring the accounting of the release of products, moving them across the border of the Customs Union within the framework of the EAES, or through the state border of Russia, retail and wholesale sale thereof.
- Tracking equipment used in manufacturing, moving and distributing products.
- Suppression of cases of misappropriationproducts, bringing perpetrators to justice, confiscation of illegally displaced, 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 activities are carried out on the basis oftax and customs records, schemes of marking with excise or special marks, own information databases of producers. The federal body that compiles and analyzes the data, as well as the manner in which information is exchanged between supervisory authorities, is determined by the government. In order to prevent the illegal sale of products, each package and bundle shall be labeled in accordance with the provisions of regulations on technical regulation.
Organization of sale
In accordance with FZ-15 "On the prohibition of smoking",the sale of products is allowed in the premises equipped with auxiliary, commercial, administrative-household, warehouse structures. In the absence of pavilions and shops on the territory of the village, the sale is allowed 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, raznosnym methods, using automatic machines or other means.
Display of goods
Fz-15 "On the prohibition of smoking" does not allow retailtrade with the demonstration of products on the counter. Information about the products sold is brought to consumers by placing their list. The text of the list is executed by letters of the same size, black on a white background. The list is made in alphabetical order. Opposite each name, the cost is indicated. There should be no drawings or images on the list. FZ-15 "On the prohibition of smoking" allows the demonstration of products to the consumer after acquaintance with the specified list.
FZ-15 "On the prohibition of smoking tobacco" does not allowretail sale of cigarettes present in a pack of less than 20 pcs., cigarettes and other products per piece, products that do not have consumer packaging, as well as packaged in one container with other goods that do not contain nicotine and tar.
Restrictions for sellers
As stated in FZ-15 "On the prohibition of smoking", inpublic places are not allowed not only the consumption of products containing tar and nicotine, but also their sale. In particular, we are talking about objects of mass congestion of citizens. These include the premises and territories used to provide educational, cultural and recreational services, institutions for youth, sports, sanatoriums, rehabilitation, medical centers and complexes, public transport of suburban and intercity communications, including ships, structures occupied by bodies of local and state power. In the buildings of railway and bus stations, in the air, river and sea ports used for the provision of services for the carriage of passengers, on the premises intended for the provision of hotel or housing services, temporary accommodation or residence, consumer services are also not allowed to sell products in accordance with the Federal Law -15 "On the prohibition of smoking".
The considered normative act establishesrather strict rules aimed at limiting the distribution of products containing nicotine and tar. In particular, much attention is paid to measures that prevent the consumption of products by minors. There is administrative, civil-law and disciplinary responsibility for subjects violating the provisions of FZ-15 "On the prohibition of smoking". Penalties and other penalties are made according to the Code of Administrative Offenses and other codes. The regulatory act also prohibits the sale of products containing tar 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.
Evaluation of the effectiveness of activities aimed at preventing the effects of smoke and reducing the consumption of products containing tar and nicotine, includes:
- Performing scientific research. They are aimed at studying the causes of consumption of products that are limited in turnover, as well as the arising consequences, evaluation of actions that stimulate implementation and use.
- Definition of health indicatorspopulation, 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.
- Implementation of sanitary and epidemiological studies of existing consumption scales.
FZ-15 "On the prohibition of smoking in public places"determines that the evaluation of the effectiveness and monitoring of activities aimed at preventing the negative impact 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 health, executive supervisory structures working in the spheres of ensuring sanitary and epidemiological welfare of citizens, protection of consumer rights, statistical accounting. The order of their activities in the implementation of regulations is established by the government. Subjects of the Russian Federation participate in the monitoring and evaluation of the effectiveness of the activities provided for by regulatory enactments 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 providing legal regulation in the health sector.
Use of assessment and monitoring results
Based on the indicators obtained in the analysisthe effectiveness of the implementation of the activities aimed at preventing the negative effects of smoke and reducing the consumption of products containing tar and nicotine, the executive federal body that performs the functions of developing and implementing state policy and implementing regulatory regulation in the field of healthcare conducts:
- Informing Authorized Power Structuresregions, municipalities and citizens on the scale of consumption of products limited in turnover, as well as implemented or planned measures aimed at reducing it.
- The development of measures to combatdistribution and illegal sale of products. They are subject to inclusion in targeted programs for the protection and promotion of health, as well as in the state strategy for the development of the health system.
- Prepare and present a report on the implementation of the RF provisions of the WHO Framework Convention on Tobacco Control.
Key principles of population protection
The protection of citizens' health from the negative effects of smoke and the effects of tobacco use is based on:
- Observance of 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 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 influence of smoke and reducing the volume of consumption of products, the consistency and continuity of their implementation.
- Priority of public health protection 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 consumption of products.
- Interaction of state bodies, local authorities, legal entities, individual entrepreneurs and the rest of the population, not affiliated with tobacco enterprises.
- Openness and independence of the evaluation of the effectiveness of the implementation of activities aimed at counteracting the spread of products and reducing its 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 arising from the effects of smoke and the effects of tobacco use.
Powers of state bodies
As part of the implementation of the provisions of FZ-15, federal structures provide:
- Realization of uniform state policy in the field of public health protection from negative influence of smoke and consequences of the use of products containing nicotine and tar.
- Protection of the rights of a citizen and a person in the sphere of ensuring sanitary and epidemiological well-being.
- Provision of medical care to the population, aimed atcessation of the use of tobacco products, treatment for dependence and consequences of consumption of products, in health care institutions in accordance with the current regulatory enactments.
- 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 the executive bodies of state power, the structures of regional administration in the field of protecting the population from the negative effects of smoke and the consequences of the use of tobacco products.
- Organization and implementation of state control in the sphere of ensuring public health.
- International cooperation of the Russian Federation, includingconclusion of agreements and agreements with relevant structures of foreign countries in the field of protecting the population from the negative effects of smoke and the consumption of tobacco products.
The powers of state bodies also includeperformance assessment and monitoring of the implementation of all activities aimed at reducing the production and distribution of products containing tar and nicotine. The order of performance of duties, the limits of competence of these structures are determined by government regulations. It also monitors the activities of authorized structures in the field of ensuring public health from exposure to tobacco.