Jump to content

Legal smoking age

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by 128.252.78.87 (talk) at 19:42, 14 November 2010 (→‎Legal smoking age for queers). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

The minimum legal age to purchase cigarettes or tobacco products varies from country to country. Ages range from 17 to 24, but 18 tends to be the most common legal smoking age.

Asia

Country / Region De jure Notes
Smoking Age Purchase Age
Armenia None 18
Bangladesh 15
Hong Kong None 18
India 18
Iran 13
Republic of Korea 19
Japan 20
Jordan 18
Kuwait 21
Macau 18
Malaysia 18
Mongolia 16
Pakistan 18
Singapore 18
Sri Lanka 21
Taiwan 18
Thailand None 18

Europe

Country / Region De jure Notes
Smoking Age Purchase Age
Austria 16[1]
Belarus 18[1][2]
Belgium 16[1] (25 prior to 2004)
Bulgaria 18[3]
Cyprus 18[1]
Czech Republic 18
Denmark None 18 (16 prior to September 1, 2008)
Estonia 18
Finland 18* 18 (*None prior to October 1, 2010)
France 18 (16 prior to March, 2009)
Germany 18[4]
Ireland 18 18
Isle of Man None 18
Italy None 16
Netherlands None 16
Luxembourg None 16 (The tobacco control law, voted on 11 August 2006, prohibits selling tobacco to minors under 16 years)
Norway None 18
Poland 18
Portugal 18 Law decret #156/07 article 15 from the Republic Diary]
Serbia 18
Slovakia 18
Spain 15 18
Sweden None 18
Switzerland 16/18 (Each canton has its own law: in some it is 16, in others 18.)
United Kingdom 16 18 (Purchase age of 16 prior to October 2008.)

Australia

Sales of tobacco to people under the age of 18 are illegal in all Australian states and territories.[5] It is also illegal for a person over 18 to give a person under 18 cigarettes or tobacco products. It is not, however, illegal for a person under 18 to purchase cigarettes (only the shopowner is prosecuted), and there is no restriction on the possession and consumption of tobacco for those under 18.

Ban on the sale of tobacco to minors under 18 years; restrictions on the distribution of free samples per Order No. 731 of 1990-05-30.

Belarus

Advertising of tobacco is prohibited on television and radio from 07:00 to 22:00, on the first and last pages of newspapers or magazines or at or near sports centres or public health facilities. Tobacco advertising may not describe the properties of the product, nor show the cigarette. The product package may be showed only on point of sale advertising. This may not link product consumption to success or mental or physical wellbeing.[2]

Canada

The federal Tobacco Sales to Young Persons Act (TSYPA), which came into force 1994-02-08, prohibits the sale of tobacco products in Canada to persons under the age of 18.[6] The federal legislation is meant to reinforce, but not limit or restrict, provincial sales-to-minors legislation regarding tobacco products. Indeed, certain provinces, namely Newfoundland, Nova Scotia, New Brunswick, Prince Edward Island, Ontario, and British Columbia have increased the legal age for the purchase of tobacco products to 19. In some provinces (such as Ontario), it is not illegal for someone underage to have tobacco. But the person who sold or gave it to minors has broken the law.[7]

Chile

Prohibition of tobacco advertising in publications designated for minors under 10 years. It is prohibited to offer, distribute, or give free of charge tobacco products to children under 18 years of age in public places.[8]

Colombia

Mandate that cigarettes or tobacco may be dispensed only to persons aged 18 and older. (Ley 30 January 1986,"The National Intoxication Statute") Advertising allowed on television between 2300 and 0600 and is limited to 30 seconds for each brand; commercial advertising must devote 20% of transmission time to the warning "tobacco is harmful to health" due to Resolution No. 4063 of 1982 regulating Decree No. 3430 of 26 November concerning restrictions on advertising. A new tobacco control law, voted in July 2009, prohibits—among other changes—the sale of tobacco to minors.

Cook Islands

The legal smoking age is 22, and a signature is required per Tobacco Products Control Act (No.3) 1987 Sec.6.

Costa Rica

Sale of cigarettes to minors (younger than age 18 years) is prohibited per Decree No. 17967-S of 4 February 1988. Packs of cigarettes manufactured in Costa Rica must bear one of the following warnings: "Smoking during pregnancy is harmful to the fetus and may provoke premature birth" or "Smoking causes lung cancer, heart disease, and emphysema" per Decree 18,780-S,1989.

Croatia

The legal smoking age is 18. Signage is required per the Law on the Restricted Use of Tobacco Products, Article 7. Vending machines selling tobacco are prohibited per The Law on the Restricted Use of Tobacco Products, Article 8.

Cuba

The Ministry of Commerce Resolution bans the sale of cigarettes to persons under the age of 16.[9]

Czech Republic

The legal smoking age is 18 per Law 379/2005 of the Czech National Council of August 19, 2007 on the Protection Against Alcoholism and Drug Addiction, Sec.4(1)(e). Health warnings fall under the same legislation of the European Union. The warning message is introduced by "Ministerstvo zdravotnictví varuje" (The ministry of health warns).

Denmark

In Denmark, the age for buying tobacco is 18.[1] Smoking is banned in all Ministry of Health workplaces and in meetings of public councils, boards, and commissions unless all participants agree to permit smoking per Circular of 23 March 1988 of the Ministry of Health on the provision of nonsmoking environments on public premises, means of transport, etc. The agreement applies to all tobacco products, including cigarette paper and tubes, bans the use of models, actresses or actors appearing to be under 30 years, celebrities, health personnel, and sports personalities in ads; press advertising is restricted to a single page (Code of practice between the tobacco industry and the government, latest update in 1992).[1]

Dominican Republic

The sale and supply of alcoholic drinks and tobacco products to minors under age 18 is prohibited per Law Number 272.

Ecuador

The consumption of cigarettes and alcohol inside and around all schools (at all educational levels) by staff and students is prohibited per Law No. 2369 of the Ministry of Education and Culture. However if you are British national, you can buy from the age of 16.

El Salvador

The legal smoking age is 18. Cigarette sales to minors are banned per Decree No. 955 of 11 May 1988 promulgating the Health Code (Division 41-(Secs.196-190)).

Estonia

The legal smoking age is 18 per Tobacco Act,Chapter 2,Sec.17(1)(1). Sale of tobacco is prohibited in health care institutions, education institutions, and sports establishments per Tobacco Act, Chapter 2,Sec.17(1)(5).The minimum age to purchase tobacco is set at 18 per Decree on the Measure to Reduce Tobacco Smoking, Sec.12; Act on the Measures to Reduce Tobacco Smoking,Sec.11.[1] Tobacco Vending Machines, sale of individual cigarettes and the distribution of Tobacco for free is illegal.[1]

Finland

Prior to 1995, there is no legal age on purchasing and use of the cigarettes. Beginning March 1995, selling cigarettes to persons under 18 is an offence and beginning October 2010 is smoking of cigarettes by minors an offence.

France

Children under 18 cannot smoke in schools per the Evin Law (passed in November 1992, effective 1 January 1993). Smoking is prohibited in schools receiving children under 16 per Law No. 76-616 of 9 July 1976 concerning measures to combat smoking. Vending machines outside tobacco shops are forbidden per Directive 2 K-1-89 of 19 December 1988. The directive was approved 19 December 1988 and effective 21 November 1989. A person may buy cigarettes at the age of 16 and up.

In 2009 France made it illegal for children under the age of 18 to buy cigarettes.[10]

Georgia

The sale of tobacco to children under the age of 18 is banned.[11]

Germany

The Protection of Young Persons in Public Act states that children and young people under 18 years of age shall not be permitted to smoke in public per the law on the protection of juveniles in public (as of 1 September 2007, previous age limit was 16). Television and radio advertising is banned. Advertisements that create the impression that the consumption or the proper use of tobacco products is harmless to health or is likely to have a favorable effect on the functioning of the body and physical performance, are likely to induce juveniles or adolescents to smoke, make it appear that inhaling of tobacco smoke is something to be imitated, or suggest that tobacco products are natural or pure are banned per the law of 15 August 1974 for the overall reform of foodstuffs law. No advertising elements typical to the environment of young people, media stars, sports personalities, or models under 30. The use of the terms "mild" and "light" are limited per Voluntary Restrictions on Advertising.

Honduras

The sale of cigarettes or tobacco products to persons under 18 years of age is prohibited.[9]

Hong Kong

Selling cigarettes to persons under 18 is not permitted, but there is no legal age on smoking. Vending machine selling tobacco are also not permitted.

Hungary

The legal smoking age is 18 per the Law on the Protection of the Rights of Non-Smokers and on the Prevention of Health Damage Related to Smoking, Sec. 2, version b. The sale of tobacco is prohibited within 200 m of schools and health care units per the Law on the Protection of the Rights of Non-Smokers and on the Prevention of Health Damage Related to Smoking, Sec. 2. Vending machines selling tobacco are restricted. Children under 18 cannot smoke anywhere even in the places where smoking is allowed. Tobacco cannot be sold to minors under 18 years or distributed as free samples per the New Tobacco Act (submitted to Parliament in 1996, passed in April 1999, effective November 1999).

Iceland

Sales to minors under 18 are prohibited. Vending machines selling tobacco are banned. No tobacco may be sold in schools or institutions for minors. Smoking in schools, day nurseries, buildings intended for social and leisure activities of children under 18, and health centers are prohibited per Law No.6 of 31 May 2002 on the prevention of the use of tobacco.

India

It is illegal to sell tobacco to anyone under the age of 18 in India.

Indonesia

There is no minimum age in Indonesia as of January 2010.[12]

Ireland

The sale of tobacco to children under 18 is illegal. Advertising for cigarettes are completely banned (posters, television advertisements).[13] Although 18 is the legal smoking age, Gardai Síochána (Guardians of the Peace) are only allowed to confiscate cigarettes and other tobacco objects off people under the age of 16. Since in-store advertising and displays of tobacco products is outlawed on July 1, 2009, all tobacco products must now be stored out of sight in closed containers behind the counter (accessible by retail staff only) and customers can be shown a card showing all available brands in a pictorial list if they wish to purchase cigarettes. Signs must also be shown informing customers that tobacco is sold at the premises.

Israel

The sale of tobacco to children under 18 is illegal. Printed advertisements are prohibited from including names, appellations or photos of celebrities, persons under 40, persons in uniform and persons in sport dress or bathing suits per Tobacco Products for Smoking (Restriction on Advertising) Law, 5743-1983.

Italy

The legal age to purchase tobacco products in Italy is 16.

Japan

It is illegal to sell cigarettes to persons under age 20 in Japan.[citation needed]

Kazakhstan

Sale of tobacco to those under 18 is illegal. Advertising to minors and vending machines are also prohibited.[14]

Kyrgyzstan

Sale of tobacco to those under 18 is illegal.[15]

Latvia

The sale of tobacco products to persons under the age of 18 is prohibited per Tobacco Products Manufacture, Sales, Advertising And Smoking Restrictions (approval date 18 December 1996, effective date 1 January 1997). Cigarette vending machines are also prohibited.

Lithuania

The legal smoking age is 18 per Law on Tobacco Control, Article 10 (8). The sale of tobacco is prohibited in pharmacies, health care institutions, educational institutions, and retail enterprises where 50% or more of the goods available are intended for children. Tobacco vending machines are restricted per Law on Tobacco Control, Article 10. This, however, may be changed in the near future.

Luxembourg

The tobacco industry is prohibited from sponsoring events for children. Smoking is prohibited in hospitals, waiting rooms of physicians and dentists, pharmacies, educational establishments, places that receive or house persons under 16 years of age per Law of 24 March 1989 restricting the advertising of tobacco and tobacco products and prohibiting smoking in certain places. This, however, may well be changed in the near future. On 11 August 2006 a new tobacco control law has been voted. It is now forbidden to sell tobacco products to minors under 16. Only the seller is punishable.

Macedonia

Over 16 only. (Law on Protection Against Smoking (Tobacco Law), Article 5)

Malaysia

Prior to May 1994, there is no legal age on smoking. Starting May 15, 1994, cigarettes can only be sell to persons aged 18 and above, and selling cigarettes to persons under this age is illegal. Vending machines selling cigarettes are prohibited.

Maldives

The legal smoking age is 16 per Measures Taken to Reduce the Use of Tobacco,Sec.5.

Malta

The legal smoking age is 16 for Tobacco (Smoking Control) Act 1986,Sec.14(1).[1]

Mauritius

A person must be 16 years old to purchase or to smoke cigarettes including any tobacco products as is indicated in Public Health (Restrictions on Tobacco Products) Regulations 1999, Sec. 2(e)(i).

Mexico

A person must be 18 years old to purchase or to smoke cigarettes including any tobacco products.

Moldova

Sale to persons under 16 is prohibited.[1]

Montenegro

Sale to persons under 18 is prohibited.[1]

Nauru

Not for sale for children under 16 due to the Prohibition of the Possession of Tobacco by Children Ordinance 1924, No.7/1924, Sec. 2.[1]

Netherlands

The sale of tobacco to persons under 16 is illegal.[16] Smoking of tobacco is prohibited by law in all public buildings and in public transport. As of January 1, 2004 every employee has the right to work in a smoke-free environment. All forms of tobacco advertising, promotion or sponsorship are prohibited. Smoking remains prevalent in the Netherlands despite these efforts.

New Zealand

It is illegal in New Zealand to sell cigarettes and tobacco products to persons aged under 18. It is also illegal for a person over 18 to give a person under 18 cigarettes or tobacco products in a public place. It is not, however, illegal for a person under 18 to purchase cigarettes (only the shop-owner is prosecuted), and there is no restriction on the possession and consumption of tobacco for those under 18. [Smoke-free Environments Act 1990, Smoke-free Environments Amendment Act 2003]

Nicaragua

Sale to persons under 16 is prohibited.

Norway

No sales to people under 18.[17] Vending machines[18] and imitation tobacco products are not allowed. Cigarette commercials are also strictly forbidden by law. As of June 2001, smoking is prohibited in all public places, including restaurants, pubs and work places.

Pakistan

The minimum age to purchase tobacco is self-imposed by distributors and retailers at 18.

Palau

One must be at least 18 to buy. [RPPL 4-25 Sec.4(1)]

  • Vending Machines:Banned [RPPL 4-25 Sec.4(3);Regulations Governing Sale of Tobacco Products Sec.4]

Papua New Guinea

No sale to anyone under the age of 18. A person shall not sell or hand over tobacco products to a person who is or apparently is under the age of 18 years, including imitations of tobacco products. [The Tobacco Products (Health Control) Act 1987][1]

Peru

The General Act on Prevention and Control of the Risks of Use of Snuff (Law No. 28705) was developed by Congress of the Republic.[19] Articles 11 and 12 have the following provisions:

Article 11 .- In the marketing bans

They are:

  • Direct or indirect sale of snuff products in any health or education facilities, whether public or private and public agencies is prohibited.
  • The sale of snuff products to persons under 18 years is banned.
  • The selling of snuff products by persons under 18 years is forbidden.
  • The selling of cigarettes without filters is forbidden.
  • The selling of snuff product packages containing less than five (5) units is forbidden.
  • The promotional free distribution of snuff products, except when in an objective and verifiable manner it can be shown that the recipient is over 18 years, is forbidden.
  • The promotional and/or free distribution of toys similar to snuff products or alluding to them, which may be attractive to minors is forbidden.

Article 12 .- In the provision of vending machines

  • The sale of snuff products in vending machines can only be performed on premises to which access is permitted only to persons over 18 years.

Philippines

Only people over 18 may buy cigarettes and tobacco due to the "STOP for Health Act". (Stop Tobacco and Other Products for Health)[1]

Poland

Minors under 18 may not buy tobacco products. [Law of 9 November 1995 on the protection of health against the effects of the consumption of tobacco and tobacco products][1]

Portugal

Since 2008, the minimum age for purchase and consumption of tobacco is 18. Previously, the minimum age was 16. Advertisements for any kind of tobacco, appearing in or on television, radio, newspapers or magazines are also prohibited. It is an offense to smoke in any public, closed place that does not meet the stablished requirements (at least 100m2 with an exhauster and an identified zone dedicated to smokers). The offense is punishable with a fine of up to €750 and applies to restaurants, bars, clubs, hotels, malls (It is illegal to smoke in malls, except in identified areas), hospitals, schools, workplaces and public transports. There is a proposition to ban vending machines in places accessible to people younger than 18.
In an attempt to reduce consumption, taxes and minimum prices of cigarettes have been greatly increased in the last 3 years. Cannabis is also freely smoked.

Romania

There is a ban on sale of tobacco to those less than 18.[1]

Saudi Arabia

The legal age to purchase tobacco and enter hookah lounges is 18.

Serbia

The sale to persons under 18 is prohibited[1]

Singapore

It is illegal to sell cigarettes to persons under 18, although the legal age for Singaporean people to became an adult according to the Singaporean law is 21 years.

Slovakia

The minimum age is 18 [Law on Protection of Non-Smokers, Sec.6(3)] and there is a vending machine ban. [Law on Protection of Non-Smokers, Sec. 6(2)(c)]

Slovenia

The sale to those under 18 is illegal and there is a vending machine ban. [Restriction on the Use of Tobacco Products Act, Sec. 14]

Solomon Islands

One must be over 18. [Solomon Islands Tobacco Products Control Act, Sec.12(1)] and there is a vending machine ban. [Solomon Islands Tobacco Products Control Act,Sec.13]

South Korea (Republic of Korea)

Cigarettes can not be sold to persons under 19. [Law No.4914 Sec.9] Vending Machines:Restricted[Law No.4914 Sec.9][1]

Spain

No persons under 18 is allowed to purchase and under 15 is allowed to smoke tobacco. [Royal Decree 192/2010 of March 4 Regarding Limitations in the Sale and Use of Tobacco to Protect the Health of the Population, Article 5, Sec.1] Sale is banned in places where smoking is prohibited, in public schools and in health establishments. [Royal Decree 1199/1999 of Implementing Law 13/1998, Article 32, Sec. 1 and Law 13/1998 of May 4 on Tobacco Trade and Tax Legislation, Article 4, Sec. 9; Order of November 7, 1989, Ministry of Education and Science, Article 1]

Sweden

Prior to 1997, no legal age on smoking. Starting January 1997, no persons under age 18 is allowed to purchase or use tobacco products. [Swedish Tobacco Act, Sec.12]

Syria

The minimum age is 18. [Presidential Decree No. 13 of September 1996]

Taiwan (Republic of China)

Cigarettes cannot be sold to persons under 18, although the legal age in Taiwan is 20.

Thailand

One must be over 18 to buy. [Tobacco Products Control Act, BE 2535, Sec.4] Vending Machines:Ban[Tobacco Products Control Act, BE 2535, Sec.5][1]

Tonga

One must be over 18. [Tobacco Control Act 2000, Sec.9(1)] Vending machines are restricted to places where persons under 18 years of age are prohibited [Tobacco Control Act 2000, Sec.10(1)][1]

Trinidad and Tobago

One must be 18+ to buy and use tobacco products legally. [An act relating to the protection of children and young persons, industrial schools, and orphanages, and juvenile offenders (the Children Act), Chap. 46:01, Laws of Trinidad and Tobago, 17 March 1925][1]

Tunisia

Vending machines are banned. [Law No. 98-17 of 23 February 1998 on the prevention of the damage caused by tobacco consumption]

Turkey

The minimum age is 18. [The Law on the Prevention of Harm Induced by Tobacco Products, Law No. 4207, Article 3]

United Kingdom

It is illegal to sell tobacco to anyone under the age of 18 in England and Wales[20] or in Scotland[21] (increased from 16 on 1 October 2007). Police constables and park keepers in uniform have a duty to confiscate tobacco or cigarettes from persons aged under 16 found smoking in a public place.[22]

The minimum age in Northern Ireland has been raised from 16 to 18 years on the 1st of September 2008.[citation needed]

United States

Each state and many localities have different smoking laws, which makes the age of smoking difficult to understand, but it is commonly at 18 years of age. Any state may set the purchasing age limit lower than 18 years—but at the loss of grants from the Federal Emergency Management Agency that otherwise would be given for a natural disaster in the state.

When a customer appears to be under a specific age, state and local laws may require retailers to verify age from official documentation. The tobacco purchase age has been raised to 19 in Alabama, Alaska, New Jersey, Utah, and Nassau, Suffolk, and Onondaga counties in New York.

Vietnam

Businesses are not permitted to operate cigarette vending machines or sell tobacco to children under 18 due to a government circular from the Ministry of Trade dated 9 September 1999 taking effect 99 days later and if you are 16 you may carry and use tobacco but you may not purchase it.

Zimbabwe

Cigarettes cannot be sold to persons under 16 years of age.[citation needed]

See also

References

  1. ^ a b c d e f g h i j k l m n o p q r s t u http://data.euro.who.int/tobacco/Default.aspx?TabID=2404
  2. ^ a b Decree of the President of Belarus Republic N 28 on state regulation of manufacture, sale, advertising and consumption of tobacco raw material and tobacco products December 17, 2002. http://data.euro.who.int/tobacco/pdf/Conversion3.pdf
  3. ^ http://data.euro.who.int/tobacco/pdf/ForPDF12.pdf
  4. ^ http://www.bmfsfj.de/bmfsfj/generator/RedaktionBMFSFJ/Abteilung5/Pdf-Anlagen/juSchGenglisch,property=pdf,bereich=,sprache=de,rwb=true.pdf
  5. ^ Winstanley, Margaret & Wood, Lisa (2008). "5.26 Reducing tobacco access and supply". Tobacco in Australia. Cancer Council Victoria. Retrieved 2010-07-28.
  6. ^ FEDERAL LEGISLATION AND REGULATORY ACTION
  7. ^ TOBACCO : The Tobacco Control Act — What it's all About
  8. ^ Ley 19419 (Fecha de Publicacion 09.10.1995, Fecha de Promulgacion 22.09.1995) Ministerio de Salud
  9. ^ a b http://www.who.int/tobacco/global_data/country_profiles/Appendix_B.pdf
  10. ^ LOI n° 2003-715 du 31 juillet 2003 visant à restreindre la consommation de tabac chez les jeunes (1) [1]
  11. ^ Law on Tobacco Control (enacted 06.07.2003) art. 5
  12. ^ [2]
  13. ^ Part 2 Section 18 Public Health (Tobacco) Act, 2002
  14. ^ The law of Republic of Kazakhstan on tobacco smoking prevention and restriction [3]
  15. ^ “Law of the Republic of Kyrgyzstan on the principles of state policy on young people” Article 11 [4]
  16. ^ Tobacco Act (enacted 10 March 1988; effective 1 January 1990) (as amended in 2002) ([5])
  17. ^ Act Relating to the Prevention of the Harmful Effects of Tobacco, Act No.14, Sec.5
  18. ^ Act Relating to the Prevention of the Harmful Effects of Tobacco, Act No.14,Sec.5
  19. ^ General Act on Prevention and Control of the Risks of Use of Snuff (Law No. 28705 - Congress of the Republic of Peru) ([6])
  20. ^ Children and Young Persons Act 1933 (section 7) as amended as amended with effect from 1 October 2007 by the Children and Young Persons (Sale of Tobacco etc) Order 2007 (article 2) by virtue of the Health Act 2006 (section 13).
  21. ^ Children and Young Persons (Scotland) Act 1937 (section 18) as amended with effect from 1 October 2007 by the Smoking, Health and Social Care (Scotland) Act 2005 (Variation of Age Limit for Sale of Tobacco etc and Consequential Modifications) Order 2007 (article 2) by virtue of the Smoking, Health and Social Care (Scotland) Act 2005 (section 9)
  22. ^ "Children and Young Persons Act, 1933". Retrieved 9 December 2009.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Legal_smoking_age&oldid=396759374"