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) (Deleted – 17.5.2017, No 859);

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.

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 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;

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 primary smoke or steam as a result of burning or heating of tobacco products;

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;

f) health warning – a note of warning about the harm of tobacco smoking, which must include an appropriate pictogram;

g) rotation – alternation of health warnings;

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;

i) the Ministry – the Ministry of Internally Displaced Persons from the Occupied Territories, 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;

k) (Deleted – 17.5.2017, No 859);

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) (Deleted – 17.5.2017, No 859);

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) (Deleted – 17.5.2017, No 859);

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.

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

Law of Georgia No 3121 of 5 July 2018 – website 11.7.2018

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, not later that 3 months before the filtered and unfiltered cigarettes are placed on the Georgian market, submit to the Ministry the documents confirming that the measurement of substances emitted from the filtered and unfiltered cigarettes has been carried out in compliance with the standards. The list of the documents shall be defined by an order of the Minister of Internally Displaced Persons from the Occupied Territories, 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. The manufacturer and/or importer of filtered and unfiltered cigarettes shall again submit the aforementioned updated documents if the amount or another parameter of substances emitted from the filtered and unfiltered cigarettes changes. If such change occurs, the updated documents shall be submitted not later than 3 months before the filtered and unfiltered cigarettes are placed on the Georgian market. Furthermore, the manufacturer and/or importer of tobacco products must, not later than 3 months before the tobacco products are placed on the Georgian market, submit to the Ministry information about the ingredients of tobacco products (in particular, the list of ingredients, quantity and weight). The manufacturer and/or importer of tobacco products shall again submit the aforementioned updated documents if the amount or another parameter of the ingredients changes. If such change occurs, the updated documents shall be submitted not later than 3 months before the tobacco products are placed on the Georgian market.

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.

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.

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

Law of Georgia No 3121 of 5 July 2018 – website 11.7.2018

Law of Georgia No 3956 of 13 December 2018 – website 25.12.2018

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 retail facility if a tobacco product, a tobacco accessory and/or a device intended for tobacco consumption is not placed separately from food and/or other products. A tobacco product, a tobacco accessory and/or a device intended for tobacco consumption shall be considered to be placed separately from food and/or other products if they are separated from food and/or other products by a non-transparent shelf/device/partition, or are placed in the retail facility at another location independently of the separate trading departments and/or sections that are allocated for selling food and/or other products. A trading department/section shall be a part of a retail facility where a certain sort/sorts of food and/or other products 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;

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);

[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.

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.

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

Law of Georgia No 3956 of 13 December 2018 – website 25.12.2018

[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 31 December 2022)]

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

Law of Georgia No 1278 of 26 July 2017 – website 28.7.2017

Article 6 – Tobacco products packaging and design

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.

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.

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. The rotation of health warnings shall occur as follows:

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.

[5¹. A manufacturer of tobacco products shall, when distributing the tobacco products in Georgia for sale, and/or an importer of tobacco products shall, when importing the tobacco products, submit information to an appropriate authorised agency about what type of the health warning (major health warning, or additional health warning) and which sample of the health warning he/she has applied on a rotation basis, and what was the quantity and which lot of the tobacco products he/she placed the aforementioned health warnings on. (Shall become effective from 1 December 2019)]

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 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;

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.

7. (Deleted – 17.5.2018, No 859).

8. The health warning may not be covered by another printed information or image.

[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 31 December 2022)]

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

Law of Georgia No 1278 of 26 July 2017 – website 28.7.2017

Law of Georgia No 3956 of 13 December 2018 – website 25.12.2018

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. (Deleted – 17.5.2017, No 859).

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

Article 8 – (Deleted)

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

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.

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

Article 10 – Restricting the use of tobacco

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 (except as provided for by paragraph 1⁵ of this article), 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 of these institutions, except for the institutions provided for in paragraph 1² of this article, and except as provided for by paragraph 1⁵ of the same 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 of the state sub-agency institution within the system of the Ministry of Justice of Georgia ­– the Special Penitentiary Service (‘the 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;

e¹) in a slot machine facility, for a permit for organisation of which the rate of a permit fee is set in the amount of at least GEL 200 000, and in which at least 20 slot machines are located;

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

g) in a pre-trial detention facility;

h) at a temporary placement centre of the Ministry of Internal Affairs of Georgia;

i) in a structure or building, which has been designated to be permanently used by a professional theatre, only by an actor/actress and/or by a performer during the performance and/or theatrical show, in order to realise the creative idea of the stage manager. In addition, before commencement of the performance and/or theatrical show, the audience must be informed about harmful effects of tobacco products.

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 the Penitentiary facility shall be defined by an order of the Minister of Justice of Georgia.

1⁵. Smoking of tobacco in the territories of higher, educational, vocational educational, medical and pharmaceutical institutions shall be allowed in the place (places) specially defined by the head of the institution concerned. The number of such places within the territory of the aforementioned institution must not exceed 3, and the area of each place must not be more than 20 m².

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).

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, except as provided for by paragraph 1¹(i) of this article, and except for launching on the TV or radio of a clip provided for by Article 8²(2) of the Law of Georgia on Advertisement and approved by the normative act of the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia on the harmfulness of tobacco smoking.

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 and an ash-tray 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.

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

Law of Georgia No 3121 of 5 July 2018 – website 11.7.2018

Law of Georgia No 3956 of 13 December 2018 – website 25.12.2018

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 legal entity under public law within the governance of the Ministry of Finance of Georgia – the Revenue Service (‘the Revenue Service’), 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 Revenue Service, 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.

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

Law of Georgia No 3956 of 13 December 2018 – website 25.12.2018

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. A duly authorised person of the Revenue Service 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.

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

Law of Georgia No 3956 of 13 December 2018 – website 25.12.2018

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 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.

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.

4. Until 31 December 2022, a health warning in the English language, which fully complies with the requirements of the EU directive applicable for the tobacco product concerned and does not violate the intellectual property and other rights, may be put on the packaging of this tobacco product.

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

Law of Georgia No 3956 of 13 December 2018 – website 25.12.2018

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