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Tobacco e-cigarettes

Polish legal acts

The Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014, replacing  Directive (2001/37/EC) is transposed to the Polish legal system by amending the act on the protection of health from the effects of the use of tobacco and tobacco products (Journal of Laws 2016, item 1331). Here you can find an English translation of the consolidated Act (Please note that this is only unofficial working translation. According to Polish law, only acts promulgated in the Journal of Laws of the Republic of Poland (Dziennik Ustaw) can be considered as a source of law). The act in Polish, as published in Dziennik Ustaw, can be found here.
On 1 January 2018 two amendments to the Act on the protection of health from the effects of the use of tobacco and tobacco products entered into force:
Article 4 was derogated by the Article 21 of the Act of 11 September on public health (Journal of Laws 2015, item 1916).
The following section was added after section 2 in the Article 15: “The court may order the forfeiture of tobacco products, objects which imitate packaging of tobacco products, electronic cigarettes or refill containers, which are not the property of the offender, if the owner or the authorised person, failing to exercise due care under the circumstances, foreseen, or could have been foreseen the possibility they can be used to commit an offence” by the Article 3 of the Act amending the Act on protection of psychological health and other Acts (Journal of Laws 2017, item 2439).
Below you can find a list of other laws established by Minister of Health in relation to tobacco products and related products:
  • regulation of 1 September 2016 establishing the list of research laboratories carrying out verification of maximum emission levels for tar, nicotine and carbon monoxide in cigarette smoke (Journal of Laws 2016, item 1410);
  • notice of the Minister of Health of 2 February 2017 on research institutes carrying out assessment the report containing the results of the studies of  additives contained in cigarettes and roll-your-own tobacco. (Journal of Laws of the Minister of Health 2017, item 12).

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