LexInter | August 20, 2003 | 0 Comments

LAW OF JULY 31, 2003 TO RESTRICT TOBACCO CONSUMPTION AMONG YOUNG

LAWS

LAW n ° 2003-715 of July 31, 2003 aimed at restricting tobacco consumption among young people 

NOR: SANX0306354L
The National Assembly and the Senate have adopted,

The President of the Republic promulgates the law whose content follows:

Article 1


Article L. 3511-2 of the Public Health Code is supplemented by a paragraph worded as follows:

“The sale, distribution or free offer of packets of less than nineteen cigarettes are prohibited. ”

Article 2


Article L. 3511-2 of the Public Health Code is supplemented by a paragraph worded as follows:

“Packaging units for tobacco and tobacco products produced before the entry into force of Law No. 2003-715 of July 31, 2003 aimed at restricting the consumption of tobacco by young people who do not comply with the provisions prohibiting the sale, distribution or free offering of packs of less than nineteen cigarettes may be marketed during a period of three months following the date of entry into force of the aforementioned law n ° 2003-715 of July 31, 2003. ”

Article 3


I. – After article L. 3511-2 of the public health code, an article L. 3511-2-1 is inserted as follows:

“Art. L. 3511-2-1. – It is prohibited to sell or offer free of charge, in tobacco shops and any shops or public places, tobacco products or ingredients defined in the second paragraph of article L. 3511-1 to minors under the age of sixteen years. ”

II. – After article L. 3512-1 of the same code, an article L. 3512-1-1 is inserted as follows:

“Art. L. 3512-1-1. – Is punished by the fines provided for contraventions of the 2nd class the fact of selling or offering free of charge, in tobacconists and all shops or public places, tobacco products to minors under the age of sixteen, unless the offender proves that he has been misled as to the age of the minors. The methods of age control are defined by decree. ”

Article 4


I. – Article L. 3511-3 of the Public Health Code is thus amended:

1 ° In the first and third paragraphs, the words: “or tobacco products” are replaced by the words: “, products tobacco or ingredients defined in the second paragraph of article L. 3511-1 ”;

2 ° In the second sentence of the second paragraph, after the words: “tobacco products”, are inserted the words: “or ingredients defined in the second paragraph of article L. 3511-1”.

II. – In the first and second paragraphs of article L. 3511-4 of the same code, the words: “or a tobacco product” are replaced by the words: “, a tobacco product or an ingredient defined in the second paragraph of Article L. 3511-1 ”.

Article 5


Article L. 3511-9 of the Public Health Code is supplemented by a paragraph worded as follows:

“As part of health education, awareness of the risk of smoking is organized, in compulsory form, in the classes of primary and secondary education. ”

Article 6


In the first paragraph of article 575 of the general tax code, after the words: “and tobacco”, are inserted the words: “as well as the rolling paper for cigarettes”.

Article 7


In the penultimate paragraph of Article L. 3511-6 of the Public Health Code, after the words: “tobacco products”, are inserted the words: “as well as cigarette rolling paper”.

Article 8


Within six months after the promulgation of this law, the Government sends to Parliament a report assessing, on the one hand, the interest, in terms of public health, of health insurance coverage of substitutes. nicotine in favor of minors under the age of eighteen and, on the other hand, the cost of this measure.

Article 9


In the second line of the table in article 575 A of the general tax code, the rate: “58.99” is replaced by the rate: “62”.

Article 10

In the penultimate paragraph of article 575 A of the general tax code, the amount: “106” is replaced by the amount: “108”.

Article 11


In 2004, the Government will file a report with the offices of the National Assembly and that of the Senate indicating the possibility for tobacco dealers to be aligned with the common law regime for traders in matters of professional tax. The information provided by this report should make it possible to better assess the cost of such a measure.

This law will be executed as state law.

Done in Paris, July 31, 2003.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Jean-Pierre Raffarin

The Minister of Health, Family

and Disabled People,

Jean-François Mattei

(1) Preparatory work: law n ° 2003-715.

Senate:

Bill n ° 77 (2002-2003);

Report by Mr Dominique Larifla, on behalf of the Social Affairs Committee, n ° 168 (2002-2003);

Discussion and adoption on February 11, 2003.

National Assembly:

Bill, adopted by the Senate, n ° 609;

Report by Mr. Gérard Cherpion, on behalf of the Committee on Cultural Affairs, n ° 827;

Discussion and adoption on July 10, 2003.

Senate:

Bill, modified by the National Assembly, in first reading, n ° 394 (2002-2003);

Report by Mr Dominique Larifla, on behalf of the Social Affairs Committee, n ° 402 (2002-2003);

Discussion and adoption July 24, 2003.

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