In Ternopil Region, a Consumer Complained About a Restaurant for Hookah Smoking: The Establishment Was Fined 48,000 UAH

In Ternopil region, a citizen complained to the State Service of Ukraine on Food Safety and Consumer Protection because hookahs, electronic cigarettes, tobacco products for electric heating, as well as advertising and promotion of devices for consuming tobacco products by displaying branded tobacco company products, were used inside a restaurant establishment.

Specialists from the Main Department of the State Service in the Ternopil region, during an unscheduled inspection, confirmed the facts of smoking tobacco products and hookahs inside the establishment.

"Additionally, an informational structure using a trademark under which devices for consuming tobacco products without combustion are produced was placed inside the premises, featuring a model of such a device.

Based on the review of the case materials, the Main Department issued rulings imposing fines totaling 48,000 UAH," the statement reads.

The agency reminded that smoking, use, and consumption of tobacco products, items related to their use, herbal smoking products, electronic cigarettes, devices for consuming tobacco products without combustion, and hookahs are prohibited inside restaurant establishments.

According to Article 1 of the Law of Ukraine No. 2899-IV, a premises is any space with a roof and enclosed by two or more walls or partitions, regardless of the materials used for the roof, walls, or partitions, and regardless of whether the structure is permanent or temporary.

Furthermore, according to the first and seventh paragraphs of part one of Article 16-1 of Law No. 2899-IV, advertising and promotion of devices for consuming tobacco products without combustion, trademarks, and other intellectual property objects under which such devices are produced are prohibited, including placing any information about the manufacturer or such devices outside points of sale.

Liability for Violating the Legislation

• Placement of ashtrays or hookahs, as well as smoking, use, or consumption of tobacco products, electronic cigarettes, devices for consuming tobacco products without combustion, or hookahs inside restaurant establishments — a fine of 3,000 UAH. For repeated violations within a year — 15,000 UAH;
• Advertising and promotion of devices for consuming tobacco products without combustion, trademarks, and other intellectual property objects under which such devices are produced — a fine of 30,000 UAH, and for repeated violations within a year — 50,000 UAH for each advertising instance on a separate advertising medium or each separate promotional event.

The agency also draws the attention of business entities to the fact that the law prohibits any forms of advertising and promotion of devices for consuming tobacco products without combustion, as well as the trademarks under which they are produced. Placement of branded structures, logos, device models, advertising stands, or other elements attracting attention to such products in restaurant establishments may be qualified as a violation of Article 16-1 of Law No. 2899-IV and entail financial sanctions.

Subscribe to our Telegram channel t.me/sudua, Google News SUD.UA here, as well as our VIBER and WhatsApp pages, and follow us on Facebook and Instagram to stay informed about the most important events.