Iranian Comprehensive National Tobacco Control Law

 

Article 1-To out line a plan on anti-tobacco campaign and to protect and promote public health, the National Committee on Tobacco Control (from this point on, referred as abbreviated form of "the Committee") is made up which comprises the followings:

Minister of Health, as the Chairman of the Committee

Minister of Culture and Islamic Guidance

Minister or Education and Training

Minister of Commerce

Commander of Law Enforcement Forces

Two people from the Health Commission of Parliament to serve as inspectors

Head of Iranian State Radio and TV as supervisor

A Representative from one of Non-Governmental Organization engaged in tobacco control is elected by the Ministry of Health

Note 1 -Secretariat of the Committee at MOH is established to serve as the center of activities for the committee 

Note 2 -A six-month progress report is submitted to the Cabinet and Health Commission of Iran's Parliament

Note 3 - Representatives of government bodies with regard to the subjects in question and at the discretion of the Secretary of the Committee can participate in the meetings, but they do not reserve to vote.

 

Article 2- The responsibilities of the committee are listed below:

A. Formulation of executive guidelines in relation to definitions and advertisements.

B. Formulation and approval of research and educational programs in collaboration with respective organizations to curb tobacco epidemics.

C. Determining messages, warning labels, images and designs relevant to adverse effects of social, economic and health consequences of tobacco consumption.

- The decision adopted by the Committee shall enter into force after confirmation of the President.

Article 3- Any type of direct and indirect tobacco advertising which encourage and stimulate people to smoke cigarette is strictly banned.

Article 4-Policy making, supervision and license to import of various tobacco products shall be arranged by the Government only.

Article 5-Health warnings labels shall be pictorial and shall cover not less than 50% of each side of the cigarette packet (whether produced or imported).

Note Using the misleading terms such as "mild", "light" and the like are prohibited.

Article 6- All tobacco products shall be supplied in packets displaying serial numbers, and logo of the tobacco manufacturing company. Carrying the statement "the sales only allowed in Iran" is mandatory on any importing tobacco products.

Article 7-The license to sell tobacco products is issued by the Ministry of Commerce and under the guidelines approved by the Committee.

Note- Distribution of tobacco products by the people who hold no operating license is prohibited.

Article 8- Every year, the price of tobacco products increases by 10% through a tax increase. Up to 2% of the income aroused from the taxation is transferred to the Treasury Department and following legal proceedings in form of annual budgets, shall be allocated to public organizations, charity foundations and Non-Governmental Organizations (NGOS). This provides help to these institutions in order to strengthen and promote their educational, research and cultural activities in tobacco control and prevention programs.

Article 9-The Ministry of Health shall undertake for amalgamation of preventive measures, treatment, rehabilitation of tobacco users and cessation counseling services with preliminary health care services. MOH is also duty bound to support and improve the NGOs' activities involved in tobacco cessation counseling and treatment.

Article 10- Any kind of tobacco advertising and promotion which contravene this Act and its administrative by-law is offence and shall be liable to a fine from 500,000 Rls (50$) to 50,000,000 Rls (5000$). In addition to that, the court shall issue a verdict to collect all the advertising products. It is noteworthy that the amount of the aforementioned fines may be increased depending on the inflation rate (once every three years), in accordance with the announcement of the Iranian Central Bank and approval by the Cabinet.

Article 11-Selling and supplying cigarette and other forms of the tobacco (except for the provisions prescribed by the article 7), sale of the products which carry no serial number or approved logo and repetition in tax evasion shall be liable to a cash fine from 500,000 Rls (50$) to 30,000,000 Rls (3000$). The amount may be increased (once every three years) depending on the inflation rate, in accordance with the announcement of the Iranian Central Bank, and approval by the Cabinet.

Article 12- The sale of cigarette to and by children under eighteen years of age shall be liable to a fine from 100,000 Rls (10$) to 500,000 Rls (50$). Reptilian in offence shall be subject to a fine of 10,000,000 Rls (1000$) in cash.

Article 13-Tobacco consumption in the organizations, according to the article 18 of the Administrative Violation Code is forbidden and shall be subject to the punishment below:

a.If the violator is acting as an employee of said organization(s), according to the Supervisory Board to the Administrative Violation, he or she shall be accused of one of the penalties as laid down in the Notes A and B of Article 9 of the Administrative Violation Act. In the event that the violator repeats the offence three times, he or she shall I accused of to the penalty, as laid down in the Note C of the article 9.

b. A cash fine between 70,000 Rls (7$) to 100,000 Rls (10$) for other violators.

Note 1- In compliance with the Code, a cash fine of 50,000 Rls (5$) to 100,000 (10$) shall be applied to any person who commit of the act of smoking in public places and public transportation vehicles.

Note 2-The Cabinet reserves the right to regulate the cash fine stipulated at the Code based on the official inflation rate once every three years.     

Article 14- Selling, marketing, carrying and/or holding the contraband tobacco products by all civilians (whether legal or real) are strictly forbidden and shall be liable to Regulations related to Goods Smuggling.

Article 15- Printing any kind of logo or brand name of tobacco products on other non-tobacco products - Or vice versa - is strictly forbidden.

Article 16- Retailers shall sell tobacco products in packets, according to article 6. Selling unpacked tobacco products is forbidden. Persons in violation of the rule shall be penalized a cash fine between 50,000 Rls (5$) to 200,000 Rls (20$).

Article 17- The financial burdens stemming from enacting this Act shall be covered by the all available means and its deficit in the current years shall be backed up from the Saving Fund and in the upcoming years from the revenues made by Article 8 of this Act and other incomes in Article

Article 18- The enforcement regulation of this act is adopted by the Ministry of Health and in consultation with Iranian Tobacco Company within three months and shall be approved by the Cabinet.

Article 19- Retributive punishments set out in this legislation shall be effective six months after being approved.

Article 20- It is the responsibility of the Committee to keep the Professional Commission of the Parliament informed of the annual revenues derived from production and imports of cigarettes and tobacco products.

 

The above mentioned project consisting of 20 articles and 5 notes was approved by the Iran's Parliament in an open session dated 9 July 2006.

 


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