On Tobacco Control

LAW OF GEORGIA

ON TOBACCO CONTROL

Article 1 – Scope of the Law

This law determines and regulates legal relations in the field of tobacco control in order to reduce the morbidity and mortality caused by tobacco use among the population of Georgia.

Article 2 – Main principles of tobacco control

The criteria, requirements, conditions and rules applicable to the field of tobacco control in Georgia shall be based on the following principles:

a) recognition of tobacco as a product harmful to health;

b) recognition of the right of non-smokers to protect themselves from harmful effects of tobacco;

c) informing of the population of Georgia about the harmful effects of tobacco, and ensurance of transparency of information on tobacco products;

d) facilitation of quitting consumption and prevention of new consumption of tobacco;

e) protection of the rights and interests of tobacco users;

[e) (Deleted – 17.5.2017, No 859); (Shall become effective from 1 May 2018)]

f) control of the production and sales of tobacco products;

g) reduction in demand for and access to tobacco products;

h) banning of sales of untaxed and unidentified tobacco products;

i) recognition of non-smoking as being the norm;

j) participation of the public in the development, implementation and assessment of activities in the fight against tobacco use;

k) recognition of the right to live in an environment free of tobacco advertisements and the right to be protected from the effects of tobacco;

l) ensurance of public safety;

[m) protection of the process of developing and implementing the state policy related to tobacco control in the area of health care from the interference of persons engaged in tobacco industry, and relationship of the state with persons engaged in tobacco industry by observing the principles of publicity and transparency;

n) control of an ingredient of tobacco products, a substance emitted from tobacco products, and packaging of tobacco;

o) irrespective of compliance of the activities of persons engaged in tobacco industry with the standards applicable in Georgia in the field of tobacco control, impossibility of their exemption from criminal or civil liability when there is an appropriate legal basis for such liability;

p) carrying out of other measures allowed by law for achieving the objective of this Law, and the goals and principles of the World Health Organisation Framework Convention on Tobacco Control. (Shall become effective from 1 May 2018)]

Law of Georgia No 859 of 17 May 2017 – website 30.5.2017

Article 3 – Definition of terms used in this law

Terms used in this Law have following meanings for the purposes of this Law:

a) tobacco product – any product containing tobacco or its components, except for nicotine-containing medications, which are intended for smoking, chewing or inhaling, including:

a.a) filtered and unfiltered cigarettes;

a.b) papirosas, cigars and cigarillos;

a.c) tobacco for pipes;

a.d) rolling tobacco;

a.e) chewing tobacco and snuff;

[a) tobacco products – products containing tobacco or its components (except for a nicotine-containing medication), which is intended for smoking, chewing, sucking or inhaling, including:

a.a) a filtered cigarette, and an unfiltered cigarette;

a.b) a papirosa, a cigar, and a cigarillo;

a.c) pipe tobacco, tobacco intended for hookah;

a.d) wrapper tobacco;

a.e) chewing tobacco, dipping tobacco, and snuff;

a.f) nicotine-containing material/cartridge/capsule of an e-cigarette, or of another similar device;

a¹) tobacco accessory and/or a device intended for consuming tobacco – a mouthpiece, a pipe, a hookah, a device for sucking tobacco, a device for snuff, an e-cigarette or another similar device, a special lighter for lighting a cigarette, tobacco wrapping paper, a tobacco wrapping machine, a tobacco cutting machine, an ash-tray, a cigarette case of any type, or another item mainly intended for consuming and/or storing tobacco, and an illustration of a cigarette, its pack or of the aforementioned item, or another item displaying it; (Shall become effective from 1 May 2018)]

b) cigarettes – any kind of rolled or tube-like structure containing tobacco or its components, which is wrapped in paper or other material permitted by the law, which material does not contain tobacco itself;

c) smokeless tobacco – a tobacco product that is not intended for smoking, in particular chewing tobacco, dipping tobacco, and snuff;

d) tobacco smoking – inhaling smoke resulting from burning of tobacco products;

[d) tobacco smoking – inhaling primary smoke or steam as a result of burning or heating of tobacco products; (Shall become effective from 1 May 2018)]

e) tobacco industry – the production, import, sale, export, re-export and/or transit of tobacco products;

[e¹) cigar-bar – a special facility arranged under a licence issued in accordance with the Law of Georgia on Licences and Permits, and in which smoking of a cigar provided for by subparagraph a.b) of this article is allowed; (Shall become effective from 1 May 2018)]

f) health warning – a notice of the harmful effects of tobacco smoking, which may include a pictogram;

[f) health warning – a note of warning about the harm of tobacco smoking, which must include an appropriate pictogram; (Shall become effective from 1 May 2018)]

g) rotation – alternation of health warnings;

h) ingredients – any of the substances that are added to tobacco, including substances added to tobacco leaves and other natural or processed products of tobacco, and non-tobacco materials which are added to tobacco products during their production process and are present in the final form of the products, even in a modified form;

[h) ingredient – tobacco, additive, substance or element contained in tobacco products, including paper, filter, capsule, ink, and glue;

h¹) additive – a substance or material (except for tobacco leaves), which is added to tobacco products; (Shall become effective from 1 May 2018)]

i) the Minister – the Minister of Labour, Health and Social Affairs of Georgia;

j) ingredients of tobacco products – the nicotine contained in the smoke of tobacco products, and the tar and the asphyxiating gases;

[i) the Ministry – the Ministry of Labour, Health and Social Affairs of Georgia;

j) substance emitted from tobacco products – a substance discharged as a result of the intended consumption of tobacco products, particularly, a substance contained in the smoke of a cigarette or another type of smoking tobacco, which is discharged as a result of consuming smoking tobacco; and a substance discharged as a result of consuming chewing tobacco, dipping tobacco, and snuff; (Shall become effective from 1 May 2018)]

k) quality – combination of those features of harmless tobacco, which are related to the economic interests of end users;

[k) (Deleted – 17.5.2017, No 859); (Shall become effective from 1 May 2018)]

l) auxiliary materials and items – the cover, the pack, and other packaging materials; any material which has contact with tobacco products;

m) sale – delivery of finished tobacco products to another person for sale or trade for commercial gain;

n) manipulation – the weighing, measuring, branding, sealing, packaging, stacking, and relocating;

o) falsification – the non-compliance of the composition, or the characteristics, or the assortment and origin of tobacco products with established requirements or with the data indicated on the enclosed documents and labels;

p) dangerous substance – substances, their compounds or mixtures of compounds, certain amounts of which may have harmful effects on human health and the environment due to their physical, chemical or biological characteristics;

[p) (Deleted – 17.5.2017, No 859); (Shall become effective from 1 May 2018)]

q) industrial entity – an enterprise, including plant and factories, or their sections, and other industrial units and lands, and machinery and appliances, that are used in the process of tobacco manufacturing;

r) control – inspecting, testing or evaluating one or several characteristics of tobacco and its raw materials, as well as tobacco producers and sellers, and assessing the results in accordance with the established requirements;

[r) (Deleted – 17.5.2017, No 859); (Shall become effective from 1 May 2018)]

s) the finished product – the product obtained from the combination of the resources and activities (industrial processing);

t) tobacco producer – a natural or legal person which produces tobacco and is held liable for compliance with the requirements of this Law at each stage of their activities; also a representative of the product , or the importer of the product operating in the territory of Georgia when the foreign producer does not have a representative;

[u) building or structure – any construction (except for a vehicle), which has flooring, any kind of roofing or ceiling, and on at least 1/2 of the surface (except for roofing, ceiling and flooring), it has movable or immovable walls of any kind and/or material, including open or closed windows and doors;

v) public transport – any vehicle, including a bus, tram, trolley bus, route vehicle, train, aircraft, underground, ship or another navigational means, which is used to transport people for appropriate fare and/or to gain commercial profit. (Shall become effective from 1 May 2018)]

Law of Georgia No 859 of 17 May 2017 – website 30.5.2017

Article 4 – Activities carried out for healthcare

1. The rules regulating tobacco manipulation and trade methods shall be established by the legislation of Georgia.

2. The normative act of the Minister shall define:

a) the maximum permissible norms for ingredients of tobacco products intended for sale in Georgia; and rules for measuring and regulating tobacco products in accordance with international requirements which apply to the field of tobacco control

b) rules for applying warning notices on tobacco products.

3. The normative act of the Minister shall limit or prohibit the use of certain methods during the manipulation or manufacturing of tobacco products.

4. The measurement of ingredients of tobacco products shall be conducted by the manufacturer and/or importer of tobacco products at their own expense. A manufacturer and / or importer of tobacco products shall confirm that the measurements have been carried out in accordance with applicable standards and shall submit to the Ministry of Labour, Health and Social Affairs of Georgia relevant information about the appropriately licensed laboratory where the measurement was carried out.

[Article 4 – Tobacco control measures, and subordinate normative acts regulating the area of tobacco control

1. The Government of Georgia shall carry out a long-term state strategy and an annual state programme for tobacco control.

2. A normative act of the Government of Georgia shall define the following:

a) the maximum permissible standards for the substances (nicotine, tar, and choking gas) emitted from filtered and unfiltered cigarettes intended for sales in Georgia, and procedures for measuring and regulating them, considering the international requirements applicable in the field of tobacco control;

b) the procedure for putting health warnings (including a pictogram and a textual inscription) on tobacco products (a pack/carton, and a package);

c) the procedure for standardising tobacco products intended for sales in Georgia, and for their packaging.

3. Measurement of the substances (nicotine, tar, and choking gas) emitted from filtered and unfiltered cigarettes must be provided by the manufacturer and/or importer of the aforementioned tobacco product at their own expense. The manufacturer and/or importer of tobacco products must confirm that the measurement has been carried out in compliance with the standards and must, before 31 May each year, submit to the Ministry documents certifying the above. The list of the documents shall be defined by an order of the Minister of Labour, Health and Social Affairs of Georgia. The manufacturer and/or importer of tobacco shall ensure compliance of the aforementioned product with the data indicated in the documents. Furthermore, the manufacturer and/or importer of tobacco products must, within the time limit specified in this paragraph, submit to the Ministry information about the ingredients of tobacco products (in particular, the list of ingredients, quantity and weight).

4. The procedures established by this Law for prohibiting/restricting the production, import and sales of tobacco must be taken into account in the licence/permission/authorisation conditions for persons carrying out activities, as defined under the appropriate licence/permission/authorisation.

5. In the field of tobacco control, checking for compliance with the requirements set by this Law shall not be control of entrepreneurial activities and consequently, the validity of the Law of Georgia on Entrepreneurial Activities shall not apply to it. (Shall become effective from 1 May 2018)]

[6. In the field of health care, a public institution, a state servant and a public servant, in preparing, adopting and complying with a decision related to tobacco control, must communicate with persons engaged in the tobacco industry only when it is necessary to give them an opportunity of the efficient regulation related to tobacco production and tobacco products. If the communication with persons engaged in the tobacco industry is necessary, the aforementioned persons must communicate with them on behalf of the state in a transparent way, through public discussions, public notification of the communication and through familiarising the public with the documents elaborated. Issues related to the aforementioned communication shall be defined by an act of the Government of Georgia. (Shall become effective from 1 September 2018)]

Law of Georgia No 859 of 17 May 2017 – website 30.5.2017

Article 5 – Sale of tobacco products

1. It is prohibited to involve persons less than 18 years of age in the tobacco industry.

2. It is prohibited to sell tobacco products:

a) at foster-care institutions, educational and foster-care educational institutions, and in adjacent locations within a 50-metre radius;

b) at all types of medical, schooling, state, sports and cultural institutions;

c) in sections of commercial stores where children's clothes and toys are sold;

d) if sold as single cigarettes, or single packs(the box) which contain fewer or more than 20 cigarettes each;

e) without packing;

f) to persons under 18 years of age;

g) through electronic or mechanical vending machines;

h) if the tobacco product intended for sale in Georgia has been made in violation of the legislation of Georgia;

i) for free or below cost price, including as part of the daily ration of military personnel.

3. It is prohibited to distribute tobacco products through a draw, a lottery, the lotto, or other profitable or non-profitable types of gambling games and / or to participate in such events through the distribution of tobacco products.

4. A health warning approved by the Minister shall be displayed at points of sale of tobacco products, and a contact telephone number for consultation for those who wish to quit smoking, and information that the sale of tobacco products to minors is prohibited. Such health warning must be displayed on at least A4 format paper.

5. A seller of tobacco products shall have the right, if he/she has a suspicion that the person buying tobacco products is a minor, to ask for a document certifying his/her age of majority.

[Article 5 – Sale and/or placement of a tobacco product, tobacco accessory and/or a device intended for consuming tobacco

1. It shall be prohibited to engage persons under the age of 18 in the tobacco industry.

2. It shall be prohibited to sell and/or place tobacco products, tobacco accessories and/or devices intended for tobacco consumption:

a) in educational (general educational, higher educational, and vocational), foster-care, and foster-care and educational institutions, and their adjacent territories within a radius of 50 metres (from the nearest point of a respective institution);

b) in a public institution; in any type of medical, sports and cultural institutions and in the territories they own;

c) in a department of a retail facility where children's clothes, food products and/or toys are sold;

d) by pieces, or by a single pack/packing if it contains fewer or more than 20 cigarettes;

e) without packing (except for a tobacco accessory and/or a device intended for tobacco consumption);

f) to persons under the age of 18;

g) through electronic or mechanical vending machines;

h) if a tobacco product intended for sale in Georgia is made in violation of the legislation of Georgia;

i) for free or below cost price, including as part of the daily ration of military servants;

j) on the Internet or by mail (retail trade) (except for a tobacco accessory and/or a device intended for tobacco consumption, which does not display the trademark and/or the trade name of products (goods) of persons engaged in the tobacco industry);

k) in early learning and preschool educational institutions and their adjacent territories within a radius of 50 metres; (Shall become effective from 1 May 2018)]

[l) on a shop window, leaded panel, counter, shelf or otherwise, so that it is visible from the outside a respective facility (except for a special lighter for lighting a cigarette, an ash-tray and a cigarette case that do not display the trademark and/or the trade name of products (goods) of persons engaged in the tobacco industry, and except for the sales and placements in the customs free zone at the airport); (Shall become effective from 1 September 2018)]

[j) on a shop window, leaded panel, counter, shelf or otherwise, so that it is visible from the inside a respective facility (except for a special lighter for lighting a cigarette, an ash-tray and a cigarette case that do not display the trademark and/or the trade name of products (goods) of persons engaged in the tobacco industry, and except for the sales and placements in the customs free zone at the airport); (Shall become effective from 1 January 2021)]

[k) sales of a tobacco product or a tobacco accessory from a respective facility by directly passing it to persons sitting in a vehicle. (Shall become effective from 1 September 2018)]

[3. It shall be prohibited to give away or draw tobacco products, tobacco accessories and/or devices intended for tobacco consumption in the lottery, gambling and winning games; to draw them in another way and/or to participate in such events using a tobacco product or any part of it, a tobacco accessory and/or a device intended for tobacco consumption, or by giving them away; and to popularise tobacco products in any other way, including the following:

a) awarding or offering of a gift; awarding of a tobacco product, a tobacco accessory and/or a device intended for tobacco consumption, or offering to try a tobacco product for the purpose of selling it;

b) the strengthening of the initiative, or a loyalty scheme, in particular handing out of coupons when selling tobacco products;

c) direct personal communication, network marketing, which does or may popularise a tobacco product, a tobacco manufacturer or a wholesaler;

d) promotional material intended for an individual, including information material (direct message, in particular), telemarketing, consumer research, which does or may popularise a tobacco product, a tobacco manufacturer or a wholesaler;

e) payment of money to a retailer, giving of an award to him/her, or otherwise making of a contribution to the retailer’s activity with the aim of motivating him/her to sell more tobacco products;

f) payment of money by a tobacco manufacturer, importer or wholesaler, or by persons directly or indirectly related to them, or otherwise making of a contribution by them to an event, to the activities of a natural person or an organisation, which results in popularising tobacco products, the tobacco manufacturer, importer or wholesaler, or their representatives;

g) sale or giving away of such a toys, sweets or another product that is not a tobacco product but is an illustration, simulation or imitation of the tobacco product.

4. A health warning approved by the legislation of Georgia and a contact telephone number for consultation for those who wish to quit consuming tobacco, and information that sale of a tobacco product, tobacco accessory and/or device intended for tobacco consumption to a person under the age of 18 is prohibited must be displayed at points of sale of tobacco products, on at least A4 format paper.

5. If a seller of tobacco products, tobacco accessories and/or devices intended for tobacco consumption cannot ascertain that a buyer of a tobacco product, tobacco accessory and/or device intended for tobacco consumption is a person who has attained the age of 18, he/she shall ask this person for a document certifying his/her age of majority, and only after he/she makes sure that this person has attained the age of 18, he/she shall sell to him/her a tobacco product, tobacco accessory and/or device intended for tobacco consumption. (Shall become effective from 1 May 2018)]

Law of Georgia No 859 of 17 May 2017 – website 30.5.2017

[Article 5¹ – Sale and/or placement of a tobacco product in a standardised packaging

1. Sale and/or placement of a tobacco product (except for a tobacco product provided for in Article 3(a.f) of this Law) without a standardised packaging shall be prohibited.

2. The procedure for standardising a tobacco product and its packaging shall be defined by this Law and an appropriate legal act of the Government of Georgia. (Shall become effective from 1 January 2018)]

Law of Georgia No 859 of 17 May 2017 – website 30.5.2017

Article 6 – Tobacco products packaging and design

1. Designations of tobacco products intended for sale in Georgia, including any element of their packaging and/or labelling, shall not contain any false or misleading information, or information creating erroneous impressions about the characteristics of the tobacco product, or about its harmful effects or emitted harmful substances; moreover, no word, trademark or image in the national and/or any foreign language shall be used which directly or indirectly creates the false impression that the tobacco product is less harmful compared to other products. Some such words are: “light”, “mild”, “ultra-light”, “low content”.

2. A health warning approved by the Minister shall be displayed on each carton and pack of tobacco products, which shall contain a major warning, an additional warning and a contact telephone number. A health warning may contain a pictogram relating to the additional warning.

[1. The name of a tobacco product intended for sale in Georgia, and none of the elements of a package and/or label of a tobacco product must not contain false and misleading information, or information giving erroneous ideas about the features, harmful effects or emitted harmful substances of the tobacco product; no such word, acronym, sign, image, graph or numeral may be used in the national language of Georgia or in any foreign language that will, directly or indirectly, give an erroneous idea that this tobacco product is allegedly less harmful compared to another product, including they, in particular the following words, may not be used in a brand name or a trademark: “Light”, “Mild”, “Less Strong”, “Ultra-light”, “Low Content”, “Extra”, “Ultra”, “Menthol”, etc.

2. A health warning approved by the legislation of Georgia must be displayed on each pack/carton and package of a tobacco product (except for a tobacco product provided for in Article 3(a.f) of this Law), which must include a major warning, an additional warning (with a respective pictogram approved by the legislation of Georgia, and with a respective textual inscription in the case provided for in Article 3(a.e) of this Law) and a contact telephone number. (Shall become effective from 1 September 2018)]

[2¹. A package of a tobacco product provided for in Article 3(a.f) of this Law must include an appropriate information leaflet about this product. (Shall become effective from 1 May 2018)]

3. The Minister shall approve 3 samples of the major health warnings, 9 samples of additional health warnings and 9 samples of their respective pictograms, a contact telephone number, and the computer font and size of the script on health warnings and the ingredients of tobacco products, and the parameters relevant to the image quality.

4. The sample of the pictogram must be proportionate to the text of the additional health warning and must not occupy less than 50 % of the total volume of the health warning.

5. The health warning shall comply with the rotation as follows:

a) manufacturers and/or importers of tobacco products shall use all major health warnings during the year in such a way that they shall be evenly distributed on all types of cartons and packs of tobacco products intended for sale;

b) manufacturers and/or importers of tobacco products shall select 3 additional health warnings during the year, and if desired the respective pictograms, in such a way that they shall be evenly distributed on all types of cartons and packs of tobacco products intended for sale.

[3. The Government of Georgia shall approve 3 samples of major health warnings, 9 samples of additional health warnings and 9 samples of the respective pictograms, 1 sample of a textual inscription, forms of respective information leaflets, a contact telephone number, and a computer font and size of a health warning, and the appropriate attributes of the image quality.

4. A sample of a pictogram must be proportionate to and include the text of an additional health warning, and must occupy the part of the health warning, as determined by the Government of Georgia.

5. Health warning shall be applied in the following way:

a) during a year, a manufacturer and/or importer of tobacco products must apply all major health warnings, so that they are equally used on a pack/carton and package of each type of a tobacco product to be sold;

b) during a year, a manufacturer and/or importer of tobacco products must select 3 additional health warnings with respective pictograms, so that they are equally used on a pack/carton and package of each type of a tobacco product to be sold. (Shall become effective from 1 May 2018)]

6. A health warning must be placed on each package of a tobacco product in the state language of Georgia (and in Abkhazian as well in the Autonomous Republic of Abkhazia) in accordance with paragraph 2 of this Article, and must be:

a) written clearly and distinctly;

b) printed on the packaging, except for the external transparent packaging, shall not be covered and when opening the tobacco product the packaging shall not be damaged or shall not be removed from it;

[b) printed on a tobacco product packaging (except for the external transparent packaging), must not be covered, distorted or changed, and when opening the packaging, it must not get damaged or must not come off from it; (Shall become effective from 1 May 2018)]

c) shall be printed in computer font, in bold, black letters on a white background or white letters on a black background; the white background shall be framed in black, and the black background shall be framed in white, and the background shall not cross or touch the letters; the frame line must not be less than 3 mm nor more than 4 mm;

d) shall be located on the larger front and back sides of the packaging, parallel to the upper and lower edges, and shall not occupy less than 30% of the total area of the side which includes the framing lines.

[c) printed in a computer font, in bold black letters on a white background or white letters on a black background; the white background must be framed in black, and the black background must be framed in white, which does not cross and does not touch the letters; the frame line must be 1 mm thick;

d) placed on large front and back sides of a tobacco product packaging, parallel to the upper and lower edges, and must not occupy less than 65% of the total area of a side, which includes the limiting lines, and for a tobacco product provided for by Article 3(a.e) of this Law, it must not occupy less than 30% of the total area of a side, which includes the limiting lines.

e) placed: the additional health warning – on the front side of a pack, and the major health warning – on the back side of a pack. (Shall become effective from 1 September 2018)]

7. The text on the ingredients of tobacco products must be placed on each packaging of tobacco products, and must be:

a) written clearly and distinctly;

b) printed on packaging, except for the external transparent packaging, must not be covered, and when opening a tobacco product the packaging must not be damaged or shall not be removed from it;

c) printed with computer font, in bold, black letters on white background or white letters on black background; the white background shall be framed in black, and the black background must be framed in white, and the frame must not cross or touch the letters; the frame line must not be less than 1 mm nor more than 2 mm;

d) placed on the smaller side of the packaging, except for the upper and lower sides, and shall not occupy less than a total area of 30% of the side which includes the framing lines.

[7. (Deleted – 17.5.2018, No 859). (Shall become effective from 1 May 2018)]

8. The information in medical warnings and/or information on the ingredients of tobacco products shall not be covered by other printed information or any image.

[8. The health warning may not be covered by another printed information or image. (Shall become effective from 1 May 2018)]

[9. This Law and the appropriate legal act of the Government of Georgia shall define the procedure for standardising a tobacco product (except for a tobacco product provided for by Article 3(a.f) of this Law) and its packaging, which aims at:

a) reducing the attraction of the tobacco product;

b) increasing the effectiveness and visibility of the health warning;

c) by the packaging of a tobacco product, reducing the chance of misleading a consumer with regard to the tobacco product or its consumption.

10. It shall be prohibited to use the brand, logo, trademark or another denoting element on a packaging (pack, carton, container, etc.) and on each piece of a tobacco product (except for a tobacco product provided for by Article 3(a.f) of this Law). Any inscription on a packaging (pack, carton, container, etc.) of a tobacco product (except for a tobacco product provided for by Article 3(a.f) of this Law) must be made in a universal and unified font, in the state language of Georgia and the manufacturing country must be specified. Further, placement of any kind of inscription on a filtered cigarette, unfiltered cigarette, papirosa, cigar and cigarillo shall be prohibited.

11. The Government of Georgia shall, by a normative act, make a decision on permitting (using), or prohibiting the following attributes and/or elements of a tobacco product (except for a tobacco product provided for by Article 3(a.f) of this Law), or on defining any requirements in relation to them:

a) the colour, size and form of a tobacco product;

b) the material and texture of a tobacco product packaging;

c) the type of opening of a tobacco product packaging;

d) the outer envelope and content of a tobacco product;

e) certain words or signs (including a certain sign of a brand, logo or trademark) on a tobacco product and its packaging;

f) the words or signs that are permitted to be placed on a tobacco product or its packaging;

g) the differential characteristics of a tobacco product and its packaging, including the characteristics intended to change the appearance or content of the tobacco product and its packaging, in order to produce a sound or emit a fragrance after the tobacco product is sold;

h) the object or material placed into or used in the packaging of a tobacco product, which is not an integral or necessary part of this packaging;

i) the object attached to a tobacco product or its packaging, except for the mandatory excise stamp and the health warning as defined by this article;

j) the weight indicator of a tobacco product, which may be placed in the packaging of the tobacco product;

k) such an attribute or element of a tobacco product as to cause this product to taste characteristically.

12. The brand name or the version name may be displayed on the packaging of a tobacco product (except for a tobacco product provided for by Article 3(a.f) of this Law) only in accordance with a normative act of the Government of Georgia. The normative act of the Government of Georgia may define the following:

a) the maximum length of the brand name or the version name;

b) the ban on using words and colours in the brand name or the version name that may mislead a consumer with regard to the characteristics, health effects, and risk of, or the substances emitted from a tobacco product, or regarding that this tobacco product is allegedly less harmful or better compared to another product because it is natural or organic, or is good for healthy lifestyle;

c) the usage of such words or phrases that aim at motivating a consumer financially;

d) the requirements in relation to the rule of displaying words or signs, including the method and circumstances by which and in which the words or signs are displayed, the sort, size and type of a respective font, and the location and orientation of words on the packaging of a tobacco product.

13. The normative acts adopted under paragraphs 9-12 of this article must not affect the intellectual property right of a person to register, own and dispose of the trademark and the copyright. (Shall become effective from 1 January 2018)]

Law of Georgia No 859 of 17 May 2017 – website 30.5.2017

Article 7 – Protection of consumers from falsified products

1. In order to protect consumers from falsified products the Government of Georgia shall establish a list of markings (the tobacco manufacturers) to be placed on packaging.

2. The production, storage, transportation and sale of falsified tobacco is prohibited.

3. Tobacco manufacturers shall take appropriate measures to ensure the internal production control of tobacco quality.

[3. (Deleted – 17.5.2017, No 859). (Shall become effective from 1 May 2018)]

Law of Georgia No 859 of 17 May 2017 – website 30.5.2017

Article 8 – Usage of auxiliary items

The legislation of Georgia prohibits the use, manipulation, transportation or sale of additional items, if there is a risk of transmitting hazardous substances to tobacco products or over their surface from such items.

[Article 8 – (Deleted) (Shall become effective from 1 May 2018)]

Law of Georgia No 859 of 17 May 2017 – website 30.5.2017

Article 9 – Tobacco export and import

1. Tobacco exports and imports shall be carried out in accordance with the legislation of Georgia.

2. The requirements of this Law shall not apply to the quality of tobacco for scientific purposes and exhibitions, and intended for the personal consumption of its owner.

[Article 9 – Tobacco export and import

1. The export and import of tobacco shall be carried out in accordance with the legislation of Georgia.

2. The standards established by this Law (except for Article 10 of this Law) shall not apply to the amount of tobacco products determined by the Tax Code of Georgia, when tobacco products are imported by a person by an air transport during one calendar day, and in other cases, when tobacco products are imported during 30 calendar days. (Shall become effective from 1 May 2018)]

Law of Georgia No 859 of 17 May 2017 – website 30.5.2017

Article 10 – Restricting the use of tobacco

1. Smoking of tobacco is prohibited:

a) at foster-care institutions, educational and foster-care educational institutions and indoor sports facilities;

b) in the buildings of medical and pharmaceutical facilities;

c) throughout the whole area of petrol, gas, and gas distribution stations;

d) in buildings and facilities where inflammable substances are stored;

e) on public transport, including buses, fixed-route taxi-vans, aircraft, subway, trams and trolley-buses.

[1. Smoking of tobacco shall be prohibited:

a) in a structure or building of any designation, except for structure or buildings provided for in paragraph 1¹ of this article;

b) in public vehicles, except for a taxi  and a motor boat;

c) in educational (general educational, higher educational, vocational), foster-care, and educational foster-care institutions, libraries, youth camps, children’s entertainment centres, and in structures or buildings of other institutions designated for persons under the age of 18, and in the territories they own, and at public meetings intended for persons under the age of 18;

d) in structures or buildings of medical and pharmaceutical institutions, and in the territories they own, except for the institutions provided for in paragraph 1² of this article;

e) in structures or buildings of petrol, gas, and gas distribution stations, and in structures or buildings of the institutions and in the territories they own, where flammable substances are stored;

f) at a stadium that has the administration.

1¹. Smoking shall be allowed in the following structures or buildings:

a) in the place of residence of a natural person (if the natural person/family of the natural person actually lives at this place and, at the same time, this place of residence is not the actual place for conducting entrepreneurial activity);

b) within a laboratory facility for studying tobacco smoke;

c) at a penitentiary facility;

d) in a cigar-bar (only for smoking a cigar provided for in Article 3(a.b) of this Law) organised under a licence issued in accordance with the Law of Georgia on Licences and Permits;

e) in a casino;

f) within the transit area of the airport, under the procedure established by paragraph 1³ of this article;

g) at a pre-trial detention facility.

1². Smoking of tobacco shall be allowed at facilities intended for inpatient psychiatric and palliative treatment following the procedure established by a special order of the head of the facility concerned, for some patients that are beneficiaries of support or some seriously ill patients, at a specially designated location which must be completely separated (with walls) from other parts/territories of the facility, and must have ventilation or a window to the open space. Such patients shall be allowed to smoke tobacco, under the special order of the head of the aforementioned facility, in a patient’s room as well if he/she is separated from other patients.

1³. Smoking of tobacco shall be allowed within the transit area of the airport only in a special smoking room, which must have a separate ventilation system and from which the tobacco smoke must not penetrate other spaces, and where no food and beverage may be taken in and consumed. The procedure for allocating special smoking rooms within the transit area of the airport, and special requirements for the special smoking rooms shall be defined by a normative act of the Government of Georgia.

1⁴. The procedure and conditions for consuming tobacco at a penitentiary facility shall be defined by an order of the Minister of Corrections and Probation of Georgia.

(Shall become effective from 1 May 2018)]

2. In addition to the facilities defined in the first paragraph of this Article, the smoking of tobacco is prohibited in indoor building-constructions of other public and private institutions, including the indoor areas of workplaces and public places, and also in trains and marine vessels except for in special smoking areas (sites).

3. The managers of the institutions defined in paragraph 2 of this Article shall ensure the allocation of special smoking areas (sites) in the premises of these institutions.

4. Special smoking areas shall be intended only for smoking tobacco and shall be separated from all types of workplaces, catering and/or recreation rooms and blocks, and equipment and substances used for other purposes; special smoking areas shall be aerated easily or have an open window that has excess into open space (only artificial ventilation is permitted), in order to ensure the complete isolation of the tobacco smoke produced from other parts of the facilities.

5. If the managers of the institutions defined in paragraph 2 of this Article cannot ensure the allocation of special smoking areas (sites) in the premises of such institutions which comply with the parameters set out in paragraph 4 of this Article, the smoking of tobacco shall be prohibited on such premises.

6. The special smoking areas (sites) established by paragraph 3 of this Article may be allocated in public places: restaurants, cafe-bars and catering facilities as well as customer areas where the smoking of tobacco is permitted. The total area of such zones shall not exceed 50 % of the total area designated for consumers.

[2. (Deleted – 17.5.2017, No 859).

3. (Deleted – 17.5.2017, No 859).

4. (Deleted – 17.5.2017, No 859).

5. (Deleted – 17.5.2017, No 859).

6. (Deleted – 17.5.2017, No 859). (Shall become effective from 1 May 2018)]

7. The demonstration of smoking is prohibited in the mass media, and other print or electronic media, and in public shows and theatre performances, if it is not an accidental recording and/or a part of the creative intention.

8. The managers of institutions shall:

a) develop and approve the rules applied in the relevant institution related to tobacco smoking in accordance with the requirements of this Law and ensure the implementation of appropriate measures within their authority;

b) display in visible places effective rules which apply to tobacco smoking in a relevant institution.

[7. Demonstration of tobacco smoking or other forms of its consumption shall be prohibited by the mass media, other print or electronic media, and through a public show and theatrical performance, except when a smoker is caught on camera by chance during the live telecasting in the open space.

8. An institution (a legal entity, another organisational entity, association of persons without forming a legal entity, a business entity, a public institution, including a state body and a local self-government body) shall:

a) ensure the prohibition/restriction of tobacco smoking, as determined by this Law, in a structure or building defined by paragraph 1 of this article, and/or in the territory where it carries out its activities;

b) not allow the presence of tobacco smoke, ashes, or cigarette stubs left after consuming tobacco, and the placement of a hookah, in a structure or building defined by paragraph 1 of this article, and/or in the territory where it carries out its activities;

c) elaborate and approve the rules related to the prohibition/restriction of tobacco smoking in a structure or building defined by paragraph 1 of this article, and/or in the territory where it carries out its activities;

d) display, at all entrances of a structure or building defined by paragraph 1 of this article, and/or in the territory where it carries out its activities, and in other visible places, the rules related to the prohibition/restriction of tobacco smoking, the appropriate text, and a sign about the prohibition/restriction of tobacco smoking; and the contact telephone number and other information of a natural person/agency, who/which can be contacted if the rules related to the prohibition/restriction of tobacco consumption are violated;

e) not allow the smoking of tobacco, and if a fact of tobacco smoking is detected, it shall, within the scope of powers vested by law, immediately prevent it in a structure or building defined by paragraph 1 of this article, and/or in the territory where it carries out its activities.

9. The driver or the owner/possessor of a public vehicle shall follow the rules of tobacco smoking prohibition/restriction in the public vehicle concerned, and shall prevent the facts of failure to follow these rules. (Shall become effective from 1 May 2018)]

Law of Georgia No 859 of 17 May 2017 – website 30.5.2017

[Article 10¹ – Permit for organisation of a cigar-bar and the terms and conditions of the permit

1. Issuance and cancellation of a permit for organisation of a cigar-bar, making of amendments to it, its registration in the departmental permit registry, and other permit-related measures shall be carried out by the Ministry of Finance of Georgia in accordance with the Law of Georgia on Licences and Permits.

2. A permit for organisation of a cigar-bar shall be issued for a 4-year term.

3. Transfer of a permit for organisation of a cigar-bar, as provided for by this article, to another person shall be prohibited.

4. Offering of any product to a consumer in a cigar-bar with the aim of presenting, selling or trying it shall be prohibited, except for a cigar provided for by Article 3(a.b) of this Law, and for drinks.

5. Minors shall not be allowed to enter a cigar-bar.

6. The owner of a cigar-bar shall display at a visible place the contact information of an appropriate fire and rescue division.

7. In order to obtain a permit for organisation of a cigar-bar, an applicant for the permit must attach to the application to be submitted to the Ministry of Finance of Georgia, apart from the documents provided for by Article 25 of the Law of Georgia on Licences and Permits, the following documents and information:

a) the document certifying the ownership of the institution (business entity) in question;

b) documents certifying that the cigar-bar will be located in a separate building or in a separate part of the building, will be connected to other parts of the building with the dead wall, will have a separate entrance, ventilation system and cigar smoke will not penetrate other parts of the building or other structures of buildings;

c) the document issued by an appropriate authorised body regarding the proper operation of the ventilation system;

d) the document certifying that the facility has an electronic humidifier;

e) information that the personnel (employees) of the facility concerned have been trained with regard to the rules of selling and consuming tobacco products.

8. A holder of the permit for organisation of a cigar-bar shall, one year later after obtaining the permit and each following year, submit information to the issuer of the permit for organisation of a cigar-bar that at least 15% of its annual turn-over according to the respective year is the sum earned from selling cigars. (Shall become effective from 1 May 2018)]

Law of Georgia No 859 of 17 May 2017 – website 30.5.2017

[Article 10² – Liability for failure to comply with the terms and conditions of a permit for organisation of a cigar-bar

1. The liability for failure to comply with the terms and conditions of a permit for organisation of a cigar-bar shall be determined by the legislation of Georgia, including this Law.

2. The failure of a holder of a permit for organisation of a cigar-bar to comply with the terms and conditions of the permit for organisation of a cigar-bar, as provided for by this Law, shall carry a fine for him/her in the amount of GEL 500.

3. Irrespective of the fine imposed as provided for by paragraph 2 of this article, the repeated failure of the holder of the permit for organisation of a cigar-bar to comply with the permit terms and conditions shall carry a fine for him/her in accordance with Article 34 of the Law of Georgia on Licences and Permits.

4. If, irrespective of payment of fines provided for by paragraphs 2 and 3 of this article, the holder of the permit for organisation of a cigar-bar still fails to comply with the permit terms and conditions, the permit issuer shall make the decision to cancel the permit. Issues related to the cancellation of the permit shall be regulated in accordance with the Law of Georgia on Licences and Permits.

5. An appropriate body of the Ministry of Finance of Georgia shall have the right to draw up a report of the offence provided for by this article and to consider the case.

6. The form of the offence report provided for by this article, the procedure for completing and submitting it shall be defined by an order of the Minister of Finance of Georgia, and the proceedings shall be conducted in accordance with the legislation of Georgia. (Shall become effective from 1 May 2018)]

Law of Georgia No 859 of 17 May 2017 – website 30.5.2017

Article 11 – Liability for violating this Law

Natural and legal persons shall be liable for violating of this Law in accordance with the rules established by the legislation of Georgia.

Article 12 – State control on enforcement of the Law

The state control on the enforcement of this Law shall be carried out in accordance with the legislation of Georgia.

[Article 12 – State control of enforcement of the Law

1. The state control of the enforcement of this Law shall be carried out in accordance with the legislation of Georgia.

2. In order to comply with this Law, for the administration of the issues related to tobacco control, authorised agencies may, when necessary, develop and issue appropriate legal acts. (Shall become effective from 1 May 2018)]

Law of Georgia No 859 of 17 May 2017 – website 30.5.2017

Article 12¹ – Transitional provisions

1. Until 1 January 2020, smoking of tobacco shall be allowed at a stadium provided for by Article 10(1)(f) of this Law.

2. Until 1 January 2020, smoking of tobacco shall be allowed in not more than 20% of hotel rooms. The tobacco smoking policy in smoking and non-smoking rooms of a hotel may not be changed. Smoking rooms of a hotel must be designated under a special order of the hotel administration, which must be displayed at a visible place in the hotel.

3. Until 1 January 2019, it shall possible to put an inscription on a tobacco product about the substances emitted from the tobacco product, under the procedure established by the Government of Georgia.

Law of Georgia No 859 of 17 May 2017 – website 30.5.2017

Article 13 – Final Provisions

1. The following laws shall be declared invalid upon entry into force of this Law:

a) the Law of Georgia No 19 on Tobacco Control in Georgia of 6 June 2003 (the Legislative Herald of Georgia, 1.7.2003, Art. 121);

b) the Law of Georgia No 31(38) on Food and Tobacco of 25 June 1999 (the Legislative Herald of Georgia, 1999, Art. 165);

c) the Law of Georgia No 29 on Trade of Tobacco Products of 26 August 2003 (the Legislative Herald of Georgia, 18.9.2003, Art. 209).

2. Subordinate normative acts issued on the bases of the legislative acts specified in paragraph 1(a) and (b) of this article shall remain in force until they come in compliance with this Law.

3. This Law shall enter into force upon promulgation.

President of Georgia                                      M. Saakashvili

Tbilisi

15 December 2010

No 4059-რს