Swedish Code of Statutes SFS 2010:682 Act Governing the Amendment to the Tobacco Act (1993:581);

Transcription

1 Swedish Code of Statutes SFS 2010:682 Act Governing the Amendment to the Tobacco Act (1993:581); Date of Adoption: 17 June 2010 Date of entry into force: 1 August 2010 According to Parliamentary decision 1 it is prescribed with regard to the Tobacco Act (1993:581) 2 First that Sections 12 c, 19, 19 a, 21, 23 and and the headings immediately before Sections 12 c and 27 shall be worded as follows, And second that six new clauses, Sections 12 d, 19 c, 20 a, 23 a, 23 b and 27 a, shall be introduced into the Act and be worded as follows. Registration and internal control Section 12c 3 A business may not supply tobacco products for sale to consumers without first having registered the sale to the municipality in which the sale is to take place. The businessperson shall perform special control (internal control) of the sale and be responsible for ensuring that an internal control programme appropriate to the business is in place. When registering as set out in the first paragraph, the businessperson shall enclose the internal control programme and the other details needed for inspection by the municipality. Changes to the details shall be reported to the municipality without delay. 1 Government Bill 2009/10:207, report 2009/10:SoU25, circular letter 2009/10: Act reprinted 2005:369. 3

2 Section 12d A businessperson who supplies tobacco products for sale to consumers shall provide personnel with information and support needed for the personnel to be able to comply with this Act and associated regulations. Section 19 4 The central supervisory authority which ensures that this Act and associated regulations are followed is exercised by 1. The Swedish Work Environment Authority when it concerns a) Premises and other rooms referred to in Section 2 and which are for the use of personnel only, and b) Premises and rooms to which Section 8 shall apply. 2. The Swedish National Institute of Public Health when it concerns a) Environments referred to in Section 2 and which are not for the use of personnel only, b) Premises referred to in Section 4, c) Warning texts etc. in accordance with Sections 9, 10 and 11, d) Trade etc. in accordance with Sections d, e) Product control etc. in accordance with Sections 16 18, and f) Information on the costs of marketing in accordance with Section 18 b, and 3. The Consumer Ombudsman when it concerns marketing in accordance with Section 9a or Sections b. In the case of supervision by the Consumer Ombudsman, the provisions set out in the Marketing Act (2008:486) apply. 4 Most recent wording 2008:495.

3 Section 19a 5 The immediate supervisory authority which ensures that this Act and associated regulations are followed is exercised by: 1. The Swedish Work Environment Authority when it concerns premises and other rooms, for which the Authority has central supervisory authority, 2. The municipality when it concerns a) The environments and premises over which the Swedish National Institute of Public Health has central supervisory authority, b) The provisions governing warning texts etc. set out in Sections 9 and 11 at points of sale, and c) The provisions governing marketing etc. set out in Sections in 14 and 14 a when it concerns marketing measures at or in connection with points of sale, and 3. The municipality and the police authorities when it concerns the provisions governing trade etc. in accordance with Sections d. The county administrative board performs a supervisory role within the county in accordance with the first paragraph, point 2. The county administrative board shall 1. Follow the activities of the municipalities and assist the municipalities with information and advice, and 2. Promote cooperation between the various supervisory authorities and between the supervisory authorities and others. 5

4 Section 19c A municipality may reach an agreement with another municipality enabling the supervisory duties the municipality has pursuant to this Act to be attended to in whole or in part by the other municipality. The municipality may however not assign the authorisation to decide cases in accordance with Sections 20 or 20 a. Section 20a In the event of serious or repeated breaches of the provisions set out in this Act, the municipality may ban a businessperson who supplies tobacco products for sale to consumers from continuing to sell or, if a ban is considered to be too radical a measure, issue a warning. A ban in accordance with the first paragraph is issued for a period of a maximum of six months. Decisions in accordance with the first paragraph apply with immediate effect unless otherwise stated in the decision. Section 21 6 A supervisory authority may decide that a tobacco product is to be seized if it is offered for sale or it is clearly intended to be offered for sale in violation of this Act or associated regulations. If a product is seized, the owner may, under the control of the supervisory authority, take the measures necessary so that the product can be sold. The product shall be returned if it is probable that it will not be sold in violation of this Act or associated regulations. Otherwise, the product may be destroyed through the supervisory authority s agency. A decision in accordance with the first paragraph applies with immediate effect unless otherwise stated in the decision. Section Most recent wording 1996: Most recent wording 1996:941.

5 To perform its duties in accordance with this Act, a supervisory authority has the right to enter areas, premises and other rooms concerned by this Act or associated regulations and to carry out investigations and take samples there. Compensation is not paid for samples removed. The Government or the authority appointed by the Government may issue regulations on the duty to reimburse a supervisory authority's costs of taking samples and investigating the samples. Section 23a The municipality and police authorities may notify each other of circumstances which are important to the supervisory duties. A municipality which has reached a decision in a case arising from this Act shall send a copy of the decision to the Swedish National Institute of Public Health as well as the county administrative board and police authorities affected by the decision. Section 23b The police authorities shall, at the request of another supervisory authority, provide the help needed to apply Sections 21 and 23. A request in accordance with the first paragraph may only be made if: 1. There is a risk, due to special circumstances, that the measure cannot be taken with the police having to resort to their special authorities set out in Section 10 of the Police Act (1984:387), or 2. Other special reasons exist. Section

6 Decisions which a municipality have made in accordance with this Act may be appealed before a public administrative court. Decisions which the Swedish National Institute of Public Health have announced supported by Section 20, first paragraph, or Section 21 or which the Swedish Work Environment Authority has announced may be appealed before a public administrative court. A review permit is required for appeals before the administrative court of appeal. Section 26 9 Decisions regarding regulations set out in Section 9 which an authority has announced supported by authorisation may be appealed by the government of manufacturers or tobacco products and importers of tobacco products intended for sale to consumers in the home country. Liability etc. Section A person who intentionally breaches Section 11 or sells tobacco products in violation of a ban which has been announced in accordance with Section 20 a shall be sentenced to pay a fine or be imprisoned for a maximum of six months for the illegal sale of tobacco. The same applies to a person who intentionally or negligently breaches Section 12, first or second paragraph, or Section 12 c, first paragraph. If the deed is considered minor, the person is not judged as liable. Section 27a A person who has violated a directive regarding a fine penalty or a ban regarding a fine penalty shall not be judged liable in accordance with this Act for a deed covered by the directive or ban. 9 Most recent wording 1996:941. The amendment involved the rescission of the first paragraph. 10

7 1. This Act comes into force on 1 August Registration of the sale of tobacco products in accordance with Section 12c made before this Act comes into force shall continue to be valid. On behalf of the Government Maria Larsson Lars Hedengran (Ministry of Health and Social Affairs)