Electronic cigarettes regulated by the new amendments to the Tobacco Law
Recently, new Amendments to the Tobacco Law were enacted, introducing significant changes to the regulation of the production, distribution, and consumption of tobacco and related products.
In this digest, you can find Key Points of these Amendments:
New Category
The new law encompasses the increasingly prevalent category of electronic cigarettes, or related products, with or without nicotine, not consisting of tobacco but meeting other criteria similar to tobacco products. This includes disposable and rechargeable vape electronic cigarettes, e-liquid for electronic cigarettes, heated products, nicotine pouches, and water pipe products.
Implementation of Legal Regulations
Guided by the directive and practices in the European Union, the implementation of this legal regulation follows the model and timelines of introduction and market transition, allowing all business participants in this category to adapt to changes in a timely manner. Specifically, until January 1, 2025, import and circulation will be allowed following existing practices. From that date, the maximum nicotine content will be limited to 2%, and the maximum volume in disposable electronic cigarettes will be 2 milliliters of liquid.
Registers
To regulate the production and import of related products, two new registers are introduced and by the Tobacco Administration: the Register of Producers of Related Products and the Register of Importers of Related Products. Retailers are listed in the Retailers’ Record.
New Prohibitions
New rules explicitly prohibit the sale of tobacco and related products to minors. The sale and offering of these products through remote communication means, personal offering, self-service at the point of sale, and the sale of cigarettes and nicotine pouches individually are also prohibited. Additionally, the sale of tobacco and related products in pharmacies and specialized medical device stores is prohibited.
From the date of entry into force, the online sale of related products is prohibited. After November 4, 2023, e-liquids, nicotine bases, disposable e-cigarettes, and filled cartridges cannot be ordered online, while devices, batteries, and spare parts can still be ordered.
Product Labeling
New rules recognize the marking of related products, including the appearance, text, and positioning of health warnings. The labeling of tobacco products complies with Directive 2014/40/EU, and health warnings should include general warnings, informational messages, textual and combined health warnings, with deadlines specified in line with the implementation schedule of the new law.
Introduction of Fees
The fee for manufacturers and importers of related products is 5 million dinars, payable in 5 equal annual installments. The fee for each retail outlet with these products in its assortment is twenty-five thousand dinars annually. A permit for retail trade in tobacco and related products is issued for a two-year period, and registration in the Register of Related Products can be granted for five years.