If you're involved with tobacco and tobacco products, you're likely aware that in May 2023, the Federation of Bosnia and Herzegovina adopted the Law on the Control and Restricted Use of Tobacco, Tobacco Products, and Other Smoking Products.
This law, for the first time in Bosnia and Herzegovina, regulates electronic cigarettes.
We're approaching a year since this law came into effect (May 28, 2023). Why is this important?
The law defined transition periods during which different businesses must comply with the new law's provisions. This includes the smoking ban in certain premises and other provisions outlined by the law.
The transitional provisions of the law defined a grace period for imposing penalties for violations of the law: one year from the start of the law's application. Additionally, the start of penalty enforcement for certain provisions is contingent upon the implementation of specific bylaws. The deadline for adopting these bylaws is also one year from the law's enactment.
During the transition period, inspection measures are intended to be preventive, aiming to assist legal entities in adapting to the new law's conditions.
Therefore, it's important to note that the grace period for penalty enforcement is nearing its end. This means you need to align your business with the law's provisions by May 28, 2024.
Electronic cigarettes are particularly significant for those of us dealing with chemicals. They are a specific type of product to which chemical regulations also apply to some extent.
Let me remind you of the key obligations if you're a manufacturer or importer of electronic cigarettes and refill containers. You need to:
- submit a notification about such products to the Federal Ministry of Health at least six months before their intended market release;
- ensure the products have a specific volume for nicotine liquids;
- ensure the appropriate nicotine concentration in the contained nicotine liquids;
- provide a leaflet with usage and storage instructions;
- adequately label, package, and advertise the products;
- include appropriate health warnings.
It's important to note: the application of provisions related to labeling electronic cigarettes and similar products is contingent upon the adoption of equivalent regulations in the Republic of Srpska and Brčko District. However, similar regulations have not yet been adopted in these parts of Bosnia and Herzegovina.
Remember, the law was adopted to protect and improve public health, and measures have been defined for:
- banning and restricting the use of tobacco, tobacco products, and other smoking products,
- banning their advertising, promotion, and sponsorship,
- preventing access to these products by minors,
- the composition of tobacco and other smoking products,
- mandatory packaging labels, and more.
What has been your experience with implementing this law so far? Share your experience, write to me at nina.pajovic@bens-consulting.eu.
nina.pajovic@bens-consulting.eu
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