LegalApp

Cabinet Resolution Concerning the Executive Regulations of Federal Law Concerning the Combating of Tobacco

The last update on this law was listed on 21 Jul 2013

Related legislations

Issued Date

21 Jul 2013

Effective Date

31 Jan 2014

Official Gazette Date

31 Jul 2013

Official Gazette No

552

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

Article (1)

In application of the provisions hereof, the following words and expressions shall have the meanings set out next thereto each, unless the context requires otherwise:
State: The United Arab Emirates.
Ministry: The Ministry of Health.
Minister: The Minister of Health.
Competent Authority: The local authority in the concerned Emirate.
Law: Federal Law No. (15) of 2009 Concerning the Combating of Tobacco.
Smoking: Using all kinds of tobacco in such a way that would lead to its combustion, heating, or smoke emission.
UAE Mandatory Standard (Technical Regulations): The approved standards of any kind of tobacco products on which the Ministers' Council shall issue a resolution concerning its mandatory application in the State.
Pack: A material filled with tobacco or its products so that it would be sold as an independent unit, upon offering it to a consumer.
Commercial Cultivation: Cultivating tobacco for selling it, which would be out of the scope of scientific experiments and research.
Ancillary Buildings: The outdoor yard bordering, neighboring or surrounding the worship houses, educational institutions and sports or health facilities.
Related Goods: Any goods related to the use of tobacco or its products such as lighters, ashtrays, and shisha tools.
Tobacco: All kinds, species, and parts of the tobacco plant such as its root, stem, leaves, fruits, and green dried seeds.
Tobacco Products: The products consisting, in whole or part, of the tobacco leaves as a raw material, whether as a whole or chopped or minced, either in its natural condition, mixed with other materials or formed in any other shape and tobacco powder in any of its forms or any other compound material containing tobacco.
Tobacco Use: Using all kinds of tobacco by way of smoking, inhaling, chewing, absorbing or any other means used for smoking or tobacco use.
Publicity, Advertising, and Promotion: Introducing the Tobacco plant or Products by using any of the readable, audio, or visual media, directly or indirectly, or any other means of encouraging Tobacco trading or and increasing the number of its users.
Public Place: A place intended for receiving the public or a certain class of people for any purpose.
Enclosed Public Places: A public place in the form of a complete building into which air enters only by outlets prepared therefor; the public transport shall be considered as an enclosed public place.
Public Transport: Buses, vehicles, trains, aircrafts, vessels, boats, and any other means dedicated to transport the public.

Article (2)

Without prejudice to the stipulated provisions under other laws, it shall be prohibited to bring Tobacco or its products to the State or to trade any of them inside it, unless the conditions in the UAE Mandatory Standards (Technical Regulations) are available therein.

Article (3)

The expressions, images and cautionary statements written on each pack of tobacco, or its Products must be in conformity with the UAE Mandatory Standards (technical regulations) no. "UAE S GSO 246", as amended.

Article (4)

It shall be prohibited to smoke while driving a private car, in the event that a child of not more than 12 years is present.

Article (5) Banning the Publicity, Advertising, and Promotion of Tobacco and its Products

It shall be prohibited that any or all natural or legal person would do the following acts:
1. Publicity, advertising and promotion of tobacco or its products and the related goods.
2. The distribution of tobacco, its products, or the Related Goods in the form of prizes or presents in any competition or events.
3. The use of Tobacco or its products as a means of Publicity, Advertising and Promotion of any other product, goods, or service.
4. Printing or publishing the advertisement or using any other means of publicity encouraging Tobacco Use.

Article (6)

It shall be prohibited that any or all natural or legal person working in any activities related to Tobacco or its products would exploit the care for any activities, events, groups, or persons to promote the Tobacco-related activity thereof.

Article (7)

It shall be prohibited that any and all public and private institutions and bodies, including the cultural, sports, academic and social ones, media, publishing, distributing and printing houses and publicity and advertising agencies, would do the works of advertising, publicity and promotion for using the tobacco or its products and the related goods to encourage tobacco use.

Article (8)

It shall be prohibited to publicize, advertise, and promote tobacco or its products by using all means that would target for encouraging tobacco use, including:
1. Advertising boards.
2. Personal effects, clothes and the like.
3. Electronic and similar means such as the internet and the electronic games.
4. Means of communication and the like such as phone calls and SMS.
5. Newspapers, magazines, books, brochures, pamphlets, CDs and advertising and media manual.
6. Film, TV, radio and theatre products, cartoon films, information and educational programs and the different means of communication.
7. Different public and private Means of Transport; and
8. Any or all Related Goods of Tobacco or its Products.

Article (9)

It shall be prohibited that the Tobacco companies would give donations and aid for the reasons of social responsibility to promote Tobacco.

Article (10)

Each and every enterprise that displays, sells or desires for displaying or selling tobacco or its products must be restricted to:
1. Obtain a license from the Competent Authority.
2. Place a copy of the license in a visible location in the enterprise.
3. Not to display or sell tobacco or its products next to the places of displaying or selling food or health goods and products, children’s goods and products or sports tools and clothes.
4. Not to display Tobacco or its Products in the centers of sale at the points of payment, observing that they shall be at the farthest place from the point of payment within the shop.
5. Not to make deductions, discounts or special or promotional offers for tobacco or its products.
6. Not to display or sell tobacco or its products in the different festivals and exhibitions without a license thereof from the Competent Authority.
7. Not to sell tobacco or its products within the premises and buildings of the worship houses, educational institutions and sports or health facilities.
8. Not to sell tobacco or its products at a distance less than 100m of the worship houses.
9. Not to sell tobacco or its products at a distance less than 150m from the external entrance of the kindergartens, schools, institutes, colleges, and universities.
10. Not to sell tobacco or its products by the Electronic Information Network or any electronic means.
11. Any other terms approved by the Competent Authority and in no contravention with the provisions of law and the present Resolution.

Article (11) The Public Places of Smoking Prohibition

It shall be prohibited to use any form of Tobacco in the following Public Places:
1. The public and private educational institutions such as schools, universities, scientific and training institutes, and their ancillaries.
2. The worship houses and their ancillaries.
3. The health and pharmaceutical facilities and their ancillaries.
4. The sports facilities and their ancillaries.
5. The public transport, private mass transport as well as their parking yards and gathering stations and their ancillaries.
6. The transport means and vehicles of food, medicine, health products and the like.
7. The transport means and vehicles of petroleum products and their derivatives, chemicals and their derivatives and any other combustible materials.
8. The shopping centers except for the authorized ones which fulfill the requirements in the attached annex hereto.
9. The restaurants except for the authorized ones which fulfill the requirements in the attached annex hereto.
10. The places of leisure and entertainment, theatres, cinemas and the like.
11. The industrial facilities, fuel and gas filling and distribution stations and their ancillaries.
12. Any other places approved by the Competent Authority and do not contravene with the provisions of law and the present Resolution.

Article (12) The Controls of the Smoking-Dedicated Areas in the Enclosed Public Places

Except for the worship houses, educational institutions and health and sports facilities the Competent Authority may determine the smoking areas in the enclosed public paces according to the following controls:
First: a license shall be obtained from the Competent Authority.
Second: the place for smokers shall fulfill the following conditions:
1. It shall be totally isolated from the neighboring areas and shall not be less than 3m in height.
2.The total space of the enclosed public place shall not be less than 200 sqm.
3. The space of the place shall not be more than 50% of the total area of the enclosed public place, which condition shall not apply to the shisha coffee shops and the similar places.
4. The doors of the places shall be automatically closed.
5. Visible signs shall be placed at the entrances, indicating the place for smokers and the place for non-smokers.
6. It shall not contain any services (such as means of entertainment and games).
7. It shall not be a passage for non-smokers to access to another area.
8. It shall not be used for a purpose other than smoking such as sitting down, resting, eating, gaming entertaining or any other act.
9. It shall be not less 7.5 m away from the main entrances of the buildings.
10. The number of the individuals existing in such place at the same time shall not exceed the permitted number by 2sqm per person.
11. The safety conditions shall be available, including the use of fire-resistant materials and the provision of the firefighting systems.
Third: the place for smokers shall fulfill the following terms and specifications of ventilation and air-conditioning:
1. The interior air pressure shall be less than the neighboring places by 5-7 Pascal, equivalent to 0.02 - 0.03 water inch.
2. The air flow inside the place shall not be less than 25 L/S per person, as designed according to the maximum occupant density.
3. The contaminated air (exhaust) shall be expelled to the outside directly by mechanical ways, it may not be recycled in the ventilation and air-conditioning system.
4. The ventilation system shall be capable of air switching for not less than 10 times of air volume in the lounge per hour; the ventilation system shall keep working throughout working hours in the facility.
5. The ventilation and air-conditioning system shall be totally separated from the system for other places so that air recycling shall not be allowed with the other places for non-smokers.
6. The exits of the exhaust air shall be at a distance of at least 7.5 m from the building and window exits and entrances and the openings for providing the air-conditioning systems with the outside air.
Fourth: cautionary boards prohibiting the entrance of persons under 18 years old to the non-smoker places shall be fixed.
Fifth: any other terms and controls approved by the Competent Authority in no contravention with the provisions of the law and the present Resolution.

Article (13)

It shall be prohibited to license coffee shops and the like places which would provide any kinds of tobacco or its products next to the residential buildings or neighborhoods, unless the following conditions are available:
1. The distance between the place where tobacco or its products are offered, and residential buildings or neighborhoods shall not be less than 150m.
2. Their working hours of offering tobacco or its products shall be as of 10:00 am to 12:00 pm, which period may be extended by a special permit from the Competent Authority.
3. They shall be restricted to the controls in the annex hereto.
4. They shall abide by any other terms and controls approved by the Competent Authority in no contravention with the terms and controls in the present Resolution and its Annex.

Article (14)

It shall be prohibited that the coffee shops and the similar places, which are licensed for offering Tobacco or its products, would:
1. Offer Tobacco or its products to those who are under 18 years old.
2. Deliver shisha services outside the licensed place.

Article (15) Final Provisions

1. The farms which currently cultivate Tobacco for commercial purposes within the State must adjust their status according to the provisions of the law and hereof within a period of not more than 2 years as of the date of applying the provisions hereof.
2. The factories which currently manufacture Tobacco Products within the State must adjust their status according to the provisions of the law and hereof within a period of not more than 10 years as of the date of applying the provisions hereof, which period shall be renewable by a resolution of the Council of Ministers.

Article (16)

The present Resolution shall be published in the Official Gazette and enter into force 6 months following the date of publication.

Translated in cooperation with