Page 1 of 23 
Draft 
Law to amend and supplement certain legislative acts 
 
The Parliament adopts the present organic law. 
Art.I.  – Law No.278 of December 14, 2007, on tobacco and tobacco products 
(Official Gazette of the Republic of Mol dova, 2008, No. 47-48, art. 139), as amended and 
supplemented, shall be amended and supplemented as follows: 
1. The title of the law shall be : “Law on Tobacco Control” 
2. Chapter I shall have the following contents: 
„Chapter I   GENERAL PROVISIONS : 
Article 1.  Object and purpose of the Law 
(1) The present Law regulates the activities on tobacco control  to be implemented by 
public authorities. 
 
(2) Tobacco control is a framework of policies to reduce the supply, demand and harm, 
destined to improve the health of the population through elimination and reducing of 
the consumption  of tobacco products exposure to tobacco smoke. 
(3) The purpose of the present Law is to ensu re the conditions required by the state to 
protect public health from the consequences  of tobacco consumption and exposure to 
tobacco smoke.  
Article 2.  Terms used  
For the purposes of the present Law, the terms below are defined as follows: 
general warning on the health hazards of smoking  – a text printed on the package of 
tobacco products to inform consumers of the ha zards of smoking, in one of the forms below: 
a) ’Smoking kills;’ b) ’Smoking seriously harms you and others around you;’ 
combined warning on the health hazards of smoking  – any warning cons isting of a picture 
or image and an additional warning text as shown in the source document;  
main visual field  – visual field of a tobacco product package having the largest surface, 
which is most likely to be seen by the c onsumer at first glance at the time of purchase 
allowing the customer to identify the tobacco product. If the package has several identical 
visual fields, the main visual field is determined by the manufacturer.     Page 2 of 23 
tobacco control  - a series of public policies to redu ce the supply, demand and harm aimed 
at improving public health by eliminating or reducing tobacco products consumption and 
exposure to tobacco smoke; 
source document  – electronic file prepared and provi ded by the Ministry of Health, which 
contains a combined warning on the harm of smoking and other mandatory information that 
must be written/printed on packages of tobacco products; 
smoking  - being in possession of a lit tobacco product regardless of whether the smoke is 
being actively inhaled or exhaled; 
 
tobacco smoke – smoke that emanates from the burni ng of a cigarette or other tobacco 
product usually expelled in combination with the smoke exhaled by the smoker; 
tobacco industy – all companies that manufacture, import,  export, store and/or sell tobacco 
and/or tobacco products;  
ingredient  – any substance or constituent except for tobacco leaf and other natural or 
unprocessed parts of the tobacco plant used in  the manufacture or preparation of a tobacco 
product still found in the finished product, even in  modified form, including paper, filter, inks 
and adhesives; 
workplace  – any space or room used during employme nt or work regardless of whether or 
not the activity is compensated which includes not only those places where work is performed 
directly but also all adjacient or associated places commonly used by employees in the course 
of their work, incuding corridors, elevators, stairwells, lobbies, mechanical rooms, cafeterias, 
toilets, lounges, lunchrooms, and also outbuildings such as sheds and hangars and vehicles 
used in the course of work; 
public means of transportation  – any vehicle used for public passenger transport, usually 
for reward or commercial  gain including taxis; 
package of tobacco products  – a unit packet regardless of  its shape containing a tobacco 
product packaged by the manufacturere for retail sale; 
placing on the market of tobacco products – the act of making available on the market of 
tobacco products including storing them for th e purpose of distributing,  selling or otherwise 
making them available for a consideration or free; 
tobacco products  – products intended to be smoked, sn iffed, sucked or chewed inasmuch as 
they are made, fully or partly, of tob acco whether or not genetically modified; 
 
cross-border advertising pr omotion and sponsorship – advertising, promotion, 
sponsorship originating in the Republic of Mol dova that can pass into or be received in 
another state and includes but is not limited to posting on the internet or through radio 
broadcasts or by means of other communicatio n and advertisement technologies, promotion 
and sponsorship originating outside  the territory of th e Republic of Moldova and which enters 
or is meant to enter the territo ry of the Republic of Moldova;    Page 3 of 23 
public spaces  – any spaces accessible to the genera l public, or space used by certain 
groups of people regardless of ownership or right to access; 
open public spaces  – any public space not covered by a roof and/or not separated by walls 
or in any other visible manner;  
quasi-open public spaces  – any space covered by a roof and/or having a si ngle wall, fence 
or similar constuction regardless of the material  used and regardles whether said construction 
is permanent or temporary; 
enclosed public spaces – any space covered by a roof and having two or more walls 
regardless of the material used and regardle s whether said construc tion is permanent or 
temporary; 
tobacco sponsorship  – any form of contribution to ev ents, activities, organizations or 
individuals with the aim of directly or indirectly pr omoting tobacco products  
electronic cigarette (or e-cigarette) – battery powered de vice with which nicotine or non-
nicotine doses can be inhaled in the form of steams,   
Article 3.  Scope of the present Law 
(1) The regulations in the present Law are bindi ng for all individuals and legal entities in 
the territory of the Republic of Moldova.  
(2) Electronic nicotine delivery devices (electronic cigarettes) are considered 
pharmaceuticals and fall under the regulat ory framework for medical products. 
(3) Tax excemptions, direct or indirect subsid ies, use of public funds or any other 
incentives by the state relating to tobacco cultivation and processing, manufacturing and sale 
of tobacco products shall be prohibited. 
(4) Regulation of the activities on cultivation, harvesting, treatment and processing of 
tobacco are to be done accordingly Regulation approved by teh Government.  
3. Point d) and point  e) in para graph (1) of Art .5 are deleted. 
4. Chapter  IV  shall have the following content:   „Chapter IV. THE CONTENTS AND SMOKE EMISSIONS OF TOBACCO 
PRODUCTS”  
 Article 10.  Regulation of tobacco products 
(1) Tobacco products placed on the domestic market in the Republic of Moldova shall 
comply with the provisions of the present Law and the standards established by the Ministry 
of Health under this Law. 
(2) Tobacco products may contain only ingredient s listed in the ingredients list approved 
by the Ministry of Health.    Page 4 of 23 
 
(3) The addition of flavors, spices and food additives that alter the taste and smell of 
tobacco products is prohibited and their sales also. 
(4) ) Tobacco products intended for export mu st meet standards set by the importing 
country. 
(5) Non-compliant tobacco products, found in the possession of the manufacturer, 
importer or seller and/or meant to be placed  on the market are su bject to seizure and 
destruction. 
Article 11 . The contents of toxic substances in tobacco products  
(1) Cigarettes placed on the domestic ma rket shall not contain more than:  
1) 10 mg tar per cigarette; 2) 1 mg nicotine per cigarette; 
3) 10 mg carbon monoxid per cigarette. 
(2) The tar, nicotine and carbon monoxid conten ts of cigarettes shall be measured 
accordingly documents approved  by the Ministry of Health.  
(3) The Ministry of Health through the Na tional Monitoring Service for Public Health 
shall periodically check the toxic substances contents in tobacco products for compliance.  
(4) Testing and measuring the contents of subs tances referred to in paragraph (1) and the 
compliance thereof with legislation in force is carried out by properly accredited national 
testing laboratories, approved by the Ministry of Health or by the laboratories outside the 
country recognised by the Wo rld Health Organisation.  
Article 12.  Reporting and publication of informa tion on tobacco and the content of 
tobacco products. 
(1) National Center for Public He alth is the institu tion responsible for collecting, analyzing 
and disseminating information on tobacco and tobacco products. 
(2) Commercial agents that produce and/or im port tobacco and/or tobacco products are 
required to submit to the National Center fo r Public Health, by May 30, the following 
information relating to their activity in the previous year; 
a) list of tobacco products according to brand and the contents of harmful substances 
specified in para. (1) of Article 11 for each product; 
b) list of all ingredients and quantities thereof used in the manufacture of tobacco 
products according to brand and product type s. The list shall be accompanied by a 
statement describing the reasons for the inclus ion of such ingredients in those tobacco 
products, and indicating their f unction and category. The list is prepared in descending 
order of the weight of each i ngredient included in the product;    Page 5 of 23 
c) toxicological data available to the manufactur er or importer relating to the ingredients 
used, noting their effect on health and sp ecifying the dependence and habit forming 
effects of tobacco products;  
d) test results of tobacco products contents  manufactured and/or placed on the market; 
e) quantities of raw tobacco, fermented tob acco used in the manufacture of tobacco 
products, their origin and quantities of tobacco products manufactured, imported and 
exported; 
f) [name] of import and export busine ss partners and their addresses; 
g) amount of taxes paid to the state budget; 
h) any payments, gifts or contributions of any kind made to scientists, researchers, and 
journalists, civil servants who concomitantly sit on the administrative board of a 
tobacco company or to other civil servants or high-ranking officials. 
(3) Commercial agents are responsible fo r the accuracy and completeness of the 
information presented. 
(4) The National Center for Public Health may require producers or importers of tobacco 
products to: 
a) submit the information referred to in para graph (2) more frequently than annually; 
b) conduct any tests to determine the contents of  other substances in  tobacco or tobacco 
products in order to estab lish their hea lth effects; 
(5) The Ministry of Health shall approve the re quirements and disclo sure procedure under 
paragraphs (1) and (2) of this Article.  
(6) Failure to disclose information under para. (1 ) - (3) of this Arti cle shall be punished 
according to law. 
(7) Manufacturers and importers of tobacco and tobacco products shall inform the 
National Center for Public Health about cha nges in technical specifications of tobacco 
products within the terms establis hed by the Ministry of Health. 
(8) National Center for Public Health will publ ish and regularly update on the website 
information regarding tobacco products repo rted in accordance with this Article, 
taking into account, where appropriate, inform ation that constitutes a trade secret and 
avoiding presenting informa tion that is misleading.” 
 
5. . Chapter IV1 is added and shall read as follows: 
”Chapter IV1. PACKAGING AND LABELLI NG TOBACCO PRODUCTS 
Article 121. Warnings on the health hazards of smoking  
(1) Each tobacco product package shall bear a general warning on the health hazards of 
smoking and a combined warning. 
(2) All manufacturers and importers of tobacco products shall en sure that each general or 
combined warning is printed on the same number of tobacco pr oducts packages for 
each type/brand placed on the market by a manufacturer or importer for no longer than 
a consecutive 6-months peri od after which they are re placed by other warnings.    Page 6 of 23 
 
(3) Tobacco products bearing a particular warnin g may be sold for a period of six months 
after placement on the market. In the case the tobacco products are not sold during the 
six months after placement on the market, the term may be extended for 60 days.  
(4) The text of the warnings sh all be printed in Romanian  language and surrounded by a 
black border not less than 3 mm and no more than 4 mm in width and shall in no way 
interfere with the text and image of th e warning or with other inscriptions;  
(5) The Ministry of Health determines a) wh en and how the rotati on period for warning 
statements on the health hazards of smoki ng displayed on tobacco products occurrs as 
set forth in paragraphs 2 and 3 of this article; 
 
a) requirements regarding the contents, color(s) , sizes, font, print quality, layout, design, 
display, presentation and other requireme nts on the health hazards of smoking, 
information on contents and emissions and a ny other information th at must appear on 
the package and labeling of tobacco products. 
Article 122. Visual integrity of warning statemen ts on the health hazards of smoking  
(1) Warning statements on the health hazards  of smoking shall be printed legibly. 
(2) It is prohibited to print textual warnings , images on the health hazards of smoking 
depicted in combined warnings or any othe r information on excise stamps. Printed text 
and images shall be made so that it cannot  be removed, deleted or hidden, obscured or 
interrupted by other inscriptions or images , including price marking or lose coherence 
and unity after the package is opened. 
(3) The use of packaging materials, bags, wrappe rs, boxes or any other items that fully or 
partially hide or cut off a warning on the hea lth hazards of smoking or parts thereof is 
prohibited. 
 
Article 123. Tobacco products packaging and references other than warnings, written on 
labels 
(1) Tobacco products are packed in packages containing no less than twenty (20) 
cigarettes. 
(2) In order to ensure tobacco  product identification and traceability, tobacco products 
shall be marked with: 
a) batch number or equivalent marking, so that  the place and date of manufacture may be 
determined; 
b) the words "to be sold in the territory ...” specifying the name of the country where the 
tobacco products are to be sold. Tobacco products sold in the Republic of Moldova 
shall bear on the label the words "to be sold in the Republic of Moldova." 
Article 124. General warning on the health hazards of smoking    Page 7 of 23 
 
(1) General warning on the health hazards of smoking: 
a) shall be printed on tobacco products packag es so that one of the two texts appears 
alternately for no longer than  a consecutive 6-months pe riod, as stipulated by the 
Ministry of Health;  
b) the warning shall be printed on the main visu al field of the tobacco product package, 
and on any outside packaging, except for the transparent wrappers used in the retail 
trade of tobacco products; 
c) shall cover at least 50% of the main visu al field of the tobacco product package on 
which it is printed, excluding the frame.  
Article 12
5. Combined warnings on the health hazards of smoking 
(1) Combined warnings on the health hazards of smoking shall: 
a) be printed so that each additional text  appears for no longer than a consecutive 6-
months period after which it is replaced wi th another warning as established by the 
Ministry of Health; 
b) be printed on the corresponding surface oppo site the surface where the general warning 
on the health hazards was printed by respecti ng the format, colors and proportions in the 
source document without modifications to te xt, graphic features and other requirements 
set out in this Law and the implementation regulations approved Ministry of Health; 
c) have the same direction as other text on the package; 
d) be reproduced in accordance with the technical requirements for warnings on the 
health hazards of smoking approved by the Ministry of Health; 
e) cover at least 80% of the visual  field on which it is printed. 
 
(2) In the case of packages intended for products  other than cigarettes, having a visible 
surface which exceeds 75 cm2, the general and combined warnings on the health 
hazards of smoking shall cover a surface of no less than 30 cm2 on each of the two 
larger surfaces. 
(3) For tobacco products other than cigarette s, the combined warning on the health 
hazards of smoking may be either printed or  on stickers if they cannot be unglued or 
otherwise removed. The reproduc tion of combined warnings on the health hazards of 
smoking on stickers shall comply with the technical requirements for printing health warnings, approved by the Ministry of Health. 
(4) The additional textual warning of a combined  warning alerts consumers about one of 
the possible consequences of smoking, using one of the following wordings:    Page 8 of 23 
 
a) Smoking causes 9 out of 10 cases of lung cancer. b) Smoking produces mouth and throat cancer. c) Smoking destroys your lungs. d) Smoking causes heart attacks. 
e) Smoking causes stroke s and disabilities. 
f) Smoking clogs your arteries. g) Smoking increases th e risk of blindness. 
h) Smoking destroys your teeth and gums. 
i) Smoking can kill your baby. j) Your tabacco smoke harms your children, family and friends.  k) Children of smokers are more likely to start smoking. 
l) Quit smoking now - stay alive fo r the sake of your loved ones. 
m) Smoking  reduces fertility. n) Smoking increases the risk of impotence. Article 12
6. Prohibition on using mi sleading packaging, labeling and design of tobacco 
products 
(1) It shall be prohibited to place on the market  tobacco products the outside packaging of 
which has a printed text, description, part  of the trademark, drawing, photograph or 
any other evidence to suggest: 
a) that a tobacco product is less harmful than ot hers, including compar ative descriptors of 
the product such as ‘light,’ ‘medium,’ ‘ultra,’  ‘extra,’ ‘slim’ and other similar terms; 
b) that tobacco consumption has beneficial effects on health: 
c) similarities with anatomical descriptions of the human body and of the words “red”, 
“gold”, that can suggest wellb eing and other similar words.. 
(2) It shall be prohibited to print comments on the warnings on the health hazards of 
smoking or any other texts or images that could distort the meaning of the health 
warning or distract the consumer’s attention. 
(3) It shall be prohibited to specify the yield of emissions of harmful substances on or 
inside the tobacco products packages or on th e tobacco product itself, not even as part 
of a trademark. 
(4) It shall be prohibited to present foodstuff, t oys or any other products  in the shape that 
resembles a cigarette package or a cigarette.  
(5) Textual warnings on the health hazards of smoking shall be:    Page 9 of 23 
 
a) [printed] in Helvetica  bold type in black characters  on a white background, the letters 
occupying the largest possible surface of  the surface reserved for the text; 
b) printed in lower-case type except the first letter of the message and where required by 
grammar use; 
c) centered on the area on which the text is required  to be printed, parallel to the top edge of 
the packet. 
 
(6) In the manufacture of tobacco products packaging special technologies may not be 
used and packages may not be imprinte d with elements which may modify the 
package or distract consumer’s a ttention, including, but not limited to: 
 
a) heat and/or light-activat ed (fluorescent) inks; 
b) inks or decorations that beco me gradually visible in time; 
c) removable or scratch off stickers  that reveal images or text; 
d) embossed stickers. 
Article 127. Electronic library fo r source documents  
(1) The Ministry of Health shall set up a nd maintain a library of source documents 
accessible to the public, which shall contain combined warnings as provided by this 
Law. 
(2) The Ministry of Health provides elect ronic source documents upon request. The 
Ministry of Health approves the technica l requirements relating to printing, which 
shall be followed by all manufacturers and importers of tobacco and tobacco products. 
Article 128. Informing the public 
(1) In order to inform the public, the Nati onal Center for Public Health shall 
disseminate through its web page data on: 
a)  contents of substances specified in Article 101 paragraph (1), found in the 
types/brands of tobacco pr oducts placed on the market; 
b) test results relating to the contents of toxic substances in tobacco products placed 
on the domestic market in the Republic of Moldova; 
c) other data and information except for conf idential information on specific recipes 
and product formulae, specified by the manuf acturer as constitu ting a trade secret. 
 
(2) Information on the contents of harmful substances and ingredients used, 
toxicological data and test results relating the contents of toxic substa nces is not 
considered confidential a nd is publicly available." 
6. Chapter IV2 is added and shall read as follows:    Page 10 of 23 
 
”Chapter IV2.BAN ON ADVERTISING AND PROMOTION OF TOBACCO 
PRODUCTS  
Article 129. Advertising and promotion of t obacco products through sponsorship 
(1) It shall be prohibited to advertise in any form for tobacco products, including 
advertising on the radio and television, in pr int, in film advertising, video, internet, 
using telephone networks, telegraph, which includes but is not limited to, indoor and 
outdoor advertising, in partic ular advertising outside and inside wholesale and retail 
premises where tobacco products are sold, premises where services are provided, 
advertising on or inside public means of tr ansport, by direct mail and advertising for 
smoking accessories. 
(2) Promotional materials intended solely for di stribution to manufacturers, importers and 
sellers of tobacco and tobacco products sh all be exempt from the provisions in 
paragraph (1). 
(3) It shall be prohibited to boost sales of t obacco products, including through sponsorship 
or any other means of support for public or commercial actions or initiatives where the 
brand name of the tobacco product or ma nufacturer’s name may be visible, or 
information on the relationship with the ev ent is accessible to the public. Any activity 
that misleads or creates a false idea about the product’s characteris tics and its impact 
on health. 
(4) It shall be prohibited to sponsor events or  activities relating to tobacco products, which 
have cross-border effects origina ting in the territory of Moldova. 
(5) It shall be prohibited to use tobacco brand names to promote other products or 
services. 
(6) It shall be prohibited to use smoking acce ssories (ashtrays, lighters) to promote 
tobacco products directly or indirectly. 
(7) It shall be prohibited to provide tobacco pr oducts for free or at a lower price than the 
established price. 
(8) Verifying compliance with the provisions of this Article shall be undertaken by the 
National Agency for the Protection of Co mpetition, the National Monitoring Authority 
for Public Health and the National Ta x Inspectorate within the competences 
established by the law in force.” 
7. Chapter IV3 is added and shall read as follows: 
    ”Chapter IV3. PLACING ON THE MARKET OF TOBACCO PRODUCTS 
Article 1210. Sale of tobacco products     Page 11 of 23 
(1) It shall be prohibited to place on the domestic market smokeless tobacco products 
including foodstuff containing nicotine and ci garette style products that contain plant 
material other than tobacco. 
(2) The importation and placing on the market of tobacco products shall be made only 
after the manufacturer has affixed the excise  stamp directly on the package. If the 
tobacco product has a cellophane foil, the exci se stamp is affixed under the foil so that 
it will tear when the package is opened. 
(3) Commercial establishments engaging in the re tail sale of tobacco  products shall be 
located not less than 200 m away fr om schools and medical facilities. 
(4) The government shall set the rules for the sale of tobacco products. 
Article 1211. Preventing the access of minors to tobacco products 
(1) It shall be prohibited to sell tobacco products: 
a) to persons and by persons who have not reached 18 years; 
b) by peddlers, at makeshift stalls or counters, through commercial vending 
machines; 
c) through the internet; 
d) without supporting documents issued by manufacturers or  importers to prove the 
origin and traceability of tobacco products; 
e) without excise stamps; 
f) packaged in something other than the or iginal manufacturer’s  packaging or in 
damaged packaging;  
g) in packets containing less than 20 pi eces, open packages or individually  
(2) It shall be prohibited to  sell toys, foodstuff or any other products that al lude to tobacco 
products. 
(3) It shall be prohibited to sell tobacco produc ts unless seller and buyer are at the same 
physical location during the transaction.  
(4) Commercial establishments engaging in th e retail sale of toba cco products shall post 
notice in a conspicuous manner that states th at the sale of tobacco products to persons 
under 18 years of age is prohibited, and on the fines imposed for violating the 
provisions prohibiting the sale of tobacco products to persons under 18 years of age. 
(5) To ensure that the person who buys tobacco products has reached the age of 18 years, 
sellers shall request purchase r to show an ID card or other official document with 
photograph of the person as proof of age. If the purchaser refuses to show an ID, seller 
may not sell tobacco products to such person." 
(6) It shall be prohibited that commercial prem ises display tobacco pr oducts visible to the 
public.”    Page 12 of 23 
 
 
8. Chapter IV4 is added and shall read as follows: 
”Chapter IV4. PROTECTION FROM EXPOSU RE TO TOBACCO SMOKE  
 Article 1212. Protection from exposure to tobacco  smoke in enclosed, semi-enclosed 
public places, workplaces, public transport and other public places 
(1) Smoking is prohibited in: 
a) all indoor public places, semi-opened, workplaces, public transport, parks and 
playgrounds and amusement parks for children,  regardless of owne rship or right to 
access;  
b) all public places managed by healthcare facil ities, educational institutions, local and 
central public administration authorities, including spaces belonging to them; 
c) within 10 meters from the entrance to encl osed public places and workplaces, operable 
windows, and air intake units for in door public places and workplaces; 
d) all premises supplying food services to th e public, except pr emises selling only 
alcohol and that are not adj acent to other establishments; 
e) stadiums, arenas, squares and other public  places during public events including but 
not limited to entertainment events  
f) public transport stations and within 10 meters of them. 
Article 1213. Duties of person in charge 
(1) Employers, local public authoriti es are encouraged to extend the ban on smoking to all 
spaces in their control, to other instituti ons and organizations, and public places other 
than those specified in this Law.  
(2) Car drivers are responsible for compliance w ith the laws prohibiting smoking in public 
transport facilities. 
(3) Owners or managers of public spaces, work places, public transport, regardless of 
ownership or right to access are required to display conspicuously symbols that 
prohibit smoking and are responsible for compliance with the laws prohibiting 
smoking. 
(4) Employers, regardless of th e organizational-legal form are required to ensure 
compliance with the ban on smoking in workplaces and have the right to establish 
internal policies encour aging the smoking cessation a nd prolonging of the working 
hours proportionally to the time spent for smoking. 
(5) The Ministry of Health sets out the format , content, design, size, location and other 
relevant information with regard to the smoking ban.” 
9. Chapter V shall to read as follows:    Page 13 of 23 
 
”Chapter V. STATE CONTROLLED HEAL TH PROTECTION FROM EXPOSURE TO 
TOBACCO SMOKE AND CONSUMPTION OF TOBACCO PRODUCTS” 
”Article 18. Monitoring tobacco consumption and exposure to tobacco smoke  
(1) Ministry of Health is responsible for: 
a) monitoring the consumption of tobacco pr oducts and exposure to tobacco smoke by 
developing and implementing methods to collect and analyze relevant data; 
b) monitoring the production, import and sale of tobacco and tobacco products and 
related activities; 
c) promoting a tobacco-free lifestyle by de veloping and implementing policies to 
encourage and stimulate giving up consumption of tobacco products; 
 
(2) The Ministry of Education together with th e Ministry of Health are responsible for 
including in the pre-university and university  curricula topics on the health risks of 
tobacco consumption and exposure to tobacco smoke and the benefits of quitting smoking and adopting a tobacco-free lifestyle.  
Article 19.  Measures to reduce dependence on sm oking and encourage giving up tobacco 
 
1) Medical schools, regardless of their level, will include in their training and continuing 
education programs diagnostic methods, treatment for tobacco dependence and 
counseling services for smoking cessation. 
2) The Ministry of Health organizes the system of providing counseling for smoking 
cessation and treatment of tobacco dependence. 
 
Article 20 . Intersectoral collaboration 
(1) In order to ensure the state’s policy on tobacco control, the Government shall 
approve and regularly update comprehensive intersectoral public policy documents.  
(2) For the effective coordination of the implementation of comprehensive intersectoral 
public policy documents, the National Coordi nating Council on Tobacc o Control hereafter 
National Council  is established. 
(3) The National Council is estab lished by the Government as an advisory body without 
legal entity status. 
(4) The Government shall approve the National Counc il Regulation. 
(5) The National Council has the following responsibilities: 
a) coordinates the implementation of comprehensive intersectoral public policy documents 
on tobacco control; 
b) ensures that interested parties participate in the development, monitoring and 
implementation of control activities relati ng to placing on the market and consumption 
of tobacco products in the Republic of Mol dova and helps to establish long-term links 
between all key decision makers involve d in the development, promotion and 
implementation of legislation and public policies on tobacco control;    Page 14 of 23 
 
d) promotes intersectoral partnership be tween government, international and non-
governmental institutions to better control compliance with the rules and conditions on 
achieving control by the public authorities over the placing on the market and 
consumption of tobacco products and ensures effective mutual dialogue [ sic] between 
governmental and NGOs in the Republic of Moldova and abroad; 
e) coordinates the intersectoral process of developing and adjust ing legislation on 
tobacco control relating to the placing on the market and consumption of tobacco 
products with the Framework Convention of the World Health Organization and 
Community legislation and the implementati on of legislation and policies documents 
on the subject; 
f) facilitates intersectoral collaboration to develop public policies for tobacco control, 
coordinating the implementation thereof. 
 
Article 201.  Financing of the tob acco control activities  
(1) The Government shall allocate necessary re sources for the financing of the tobacco 
control measures  to encourage a tob acco-free life style and smoking cessation. 
(2) The fund mentioned in the para (1) is cons tituted from allocations from the national 
public budget, including from taxes on tobacco products and are provided by the State Budget Law and the Law on Mandatory Health Care Insurance Fund on a yearly basis for the 
financing of the National Programme on Tobacco Control. 
(3) The Government shall approve the Sp ecial anti-smoking Fund regulation." 
 
10. Chapter V
1 is added and shall read as follows: 
 
”Chapter V1. ENSURING EFFECTIVE TO BACCO CONTROL POLICIES 
 Article 202. Prohibition on partnership with a nd support from the tobacco industry 
 
 Central and local public administration aut horities shall not participate in, support or 
accept: 
(a) any partnerships with the tobacco industry, including tobacco industry initiatives or 
activities described, characterized, implying or likely to be perceived as socially 
responsible; 
(b) non-binding or unenforceable agreements , memoranda of understanding, voluntary 
agreements or the code of conduct adopted by the tobacco industry instead of the legal 
tobacco control measures; 
(c) financial contributions or other direct or indirect resources, or involvement in any way in 
initiatives, campaigns or programs directly or  indirectly related to tobacco control or 
public health, including, but not limited to access programs and youth education, public 
education campaigns and other initiatives; 
(d) proposals, projects or offers of assistan ce for the development and implementation of 
public policies on tobacco control.  
Article 20
3. Prohibition of voluntar y contributions by the tobacco industry     Page 15 of 23 
(1)  It shall be prohibited for representatives of  the tobacco industry to offer and for local 
and central public administration authorities a nd other structures w ith or without legal 
personality, which perform public functions in the legislative, executive, or  judicial branch to 
accept voluntary contributions, financial or ot herwise, except in the cases where such 
contributions are provided by law. 
(2)  It shall be prohibited for representatives of  the tobacco industry to offer contributions, 
financial or otherwise -i ncluding gifts- to civil servants or high-ranking officials, and for civil 
servants or high-ranking officials to solicite or accept such contributions. 
(3)  It shall be prohibited for representatives of  the tobacco industry offer any contribution 
to individuals, organizations, communities or  other entities for the purpose of promoting, 
directly or indirectly, tobacco products or  tobacco use or for accepting or facilitating 
contributions from the tobacco industry. 
(4)  A contribution offered or made by represen tatives of the tobacco industry to promote 
corporate image is considered a contribution offered or made with the aim of promoting 
tobacco products or tobacco use. 
(5)  A contribution offered or made by a retaile r for the purpose of promoting the tobacco 
industry is considered to be an offer made with the aim of promoting tobacco products or 
tobacco use. 
(6)  Individuals who offer, make, solicit, recei ve, accept or facilitate a contribution which 
is covered under this article, shall report same to the Minist ry of Health it within 10 days. 
(7) The Ministry of Health shall periodica lly publish the reported information in 
accordance with the provisions of para graph (6) by posting it on its website. 
 
Article 204. Preventing and managing conflicts of interest 
(1) A person, who has been in a management position at a tobacco company during the 
past 24 months, may not participate in the development and implementation of 
tobacco control policies. 
(2) Any person involved in public policy developm ent for tobacco control is required to 
declare any current personal interests and provide information relating to their 
participation in the management or promoti on of enterprises in th e tobacco industry in 
the last 24 months. 
 
Article 205. Raising awareness and educating the public 
(1) The Ministry of Health shall ensure that  all central and local public administration 
authorities are made aware of the addictiv e and harmful nature of tobacco products, 
the need to protect public policies on t obacco control from commercial and other 
vested interests of the tob acco industry, and the strategies and tactics used, openly or 
veiled, by the tobacco industry to undermine and subvert the development and implementation of public policies on tob acco control, including charitable 
contributions to public a nd private organizations.    Page 16 of 23 
 
(2) The Ministry of Health ensures that the civil society, policy makers, media and the 
general population, is inform ed about the health risks associated with tobacco 
cultivation and processing, tobacco cons umption and exposure to tobacco smoke 
through regular publication of relevant da ta, mass media communication, and the civil 
society’s involvement in spreading the wo rd about the harm of smoking, including 
exposure to tobacco smoke. 
 
 Article 206. Tobacco products licensing 
(1) Import, manufacture and wholes aling of tobacco products an d the retailing, of tobacco 
and tobacco products is carried out under li cense, issued in accordance with the Law 
on licensing of entrep reneurial activity. 
(2) Import and wholesale license for tobacco pr oducts specifies the ac tual type of item 
(brand). 
(3) Import, manufacture and wholesale of tob acco products is carrie d out by specialized 
operators, license holder who have: 
1) capital of at least MDL1 million, fully c overed by net assets as fixed assets; 
2) either their own or rented wholesale facilities having usable surface of at least 500 m2, 
which are well ventilated, equipped with computerized filing system; 
3) import contracts for tobacco products; 
4) permit to import and sell each brand of tob acco products, issued by the brand owner or 
the licensed manufacturer thereof. 
Article 207. License revocation. 
Grounds for implementing measures for license revocation are as follows:  
a) placing on the market tobacco products the labe ling of which is not in accordance with 
legislation in force and without or w ith improper health warning labeling; 
b) failure to comply with legislation banning tobacco products advertising and 
sponsorship; 
c) failure to comply with legislation on di sclosure/reporting on tobacco and tobacco 
products and activities re lating to these products; 
d) failure to comply with non-smokers prot ection laws against exposure to tobacco 
smoke in enclosed or quas i-enclosed public places, wo rkplaces, public transport 
observed repeatedly over three years;    Page 17 of 23 
 
Article 208. Liability for violati on of the present Law 
(1) Failure to comply with the provisions of th e present Law entails liability set forth in 
the legislation in force. 
(2) Tobacco products manufactured, imported or so ld in violation of the provisions of the 
present Law shall be confiscated as provided by law. Tobacco products seized shall be 
destroyed. Seized tobacco products shall be destroyed in a manner approved by the 
Government. 
(3) Every person has the right to effective remedy for harm caused by tobacco and tobacco 
products and/or exposure to t obacco smoke, from the cigarette manufacturer or the legal 
person in charge of the workplace, or the indoor or semi-opened spaces where smoking 
occurrs based on a decision by a court of competent jurisdiction." 
Art.II.  – Contravention Code of the Republic of Moldova no. 218-XVI of October, 24, 
2008, (Official Gazette of the Republic of Moldova, 2009, No. 3-6, art. 15), as amended, shall 
be amended as follows: 
1. Article 91: Paragraph (1) shall read as follows:  
”(1) Alcoholic beverage consumption in prohi bited places other than those specified in 
art.203 para. (3), shall be sanctioned by a fine of 30 to 50 conventional units.” 
Paragraph (2) is deleted. 2. Article 91
1 is added and shall read as follows: 
„Article 911. Violation of the legisla tion relating to placing on the market and control of 
tobacco consumption and tobacco products  
1) Placing on the market or selling of smokeless tobacco and tobacco products containing 
plants other than tobacco is subject to a fine of 130 to 150 conventional units in the 
case of an individual, and a fine of 450 to  500 conventional units  and deprivation of 
certain rights from 6 months to one y ear in the case of a legal entity. 
2) Smoking in enclosed or quasi-enclosed public areas, except as permitted by law, in 
workplaces, public transport stations and w ithin 10 meters from them and smoking in 
other places prohibited by law, shall be sanctioned by a fine of 50 to 70 conventional 
units in the case of  an individual. 
3) Allowing smoking in public tran sport is subject to a fine  of 130 to 150 conventional 
units in the case of an indivi dual, a fine of 150 to 200 conventional units in the case of 
a person in charge, and a fine of 450 to 500 conventional units and deprivation of 
certain rights from 6 months to one y ear in the case of a legal entity.    Page 18 of 23 
 
(4) Allowing smoking in enclosed and quasi-e nclosed public spaces, other than where 
excepted by law, in the workplace, or in othe r places prohibited by law, is subject to a 
fine of 350 to 400 conventional units in the case of a person in charge, and a fine of 
450 to 500 conventional units and deprivation of  certain rights from 6 months to one 
year in the case of a legal entity. 
(5) Failure to display information about the sm oking ban is subject to a fine of 250 to 300 
conventional units in the case of an indivi dual, and a fine of 350 to 400 conventional 
units and with or without depr ivation of certain rights from  6 months to one year in 
the case of a legal entity. 
(6) The import, placing on the market and sale of  tobacco products that are not packaged 
and labeled in accordance with  the legal provisions is subj ect to a fine of 130 to 150 
conventional units in the case of an indivi dual, and a fine of 450 to 500 conventional 
units and deprivation of certain rights from 6 months to one year in the case of a legal 
entity. 
(7) Failure of the Ministry of Health to make available requested information as set forth 
by the Law on control of the placing on th e market and use of tobacco products 
and/or providing false and incomplete inform ation is subject to a fine of 400 to 450 
conventional units in the case of a pers on in charge, and a fine of 450 to 500 
conventional units for, and deprivation of right s from 6 months to a year in the case of 
a legal entity. 
(8) The import, placing on the market or sale  of foodstuff containing nicotine, toys, 
foodstuff and/or other products that make reference to toba cco products is subject to a 
fine of 120 to 150 conventional units in the case of an individual, and a fine of 450 to 
500 conventional units and depriv ation of certain rights from 6 months to one year in 
the case of a legal person/entity. 
(9) Placing on the market of tobacco products containing toxin amounts above the limits 
established by law is subject to a fine of 120 to 150 conven tional units in the case of 
an individual, and a fine of 450 to 500 c onventional units and deprivation of certain 
rights from 6 months to one year in  the case of a legal person/entity. 
(10) Sale of tobacco products where seller and buyer are not at the same physical 
location is subject to a fine  of 120 to 150 conventional units in the case of an 
individual, and a fine of 450 to 500 conventi onal units in the case of a legal entity.  
(11) Visibly exhibiting of tobacco products on premises open to the public is subject 
to a fine of 120 to 150 conventional units in the case of an individual, and a fine of 
450 to 500 conventional units in the case of person in charge, and 450 to 500 
conventional units in the case of a legal entity. 
(12) Sale of tobacco products to minors or selling tobacco products without 
checking buyer’s age as established by la w is subject to a fine of 120 to 150 
conventional units in the case of an individual. 
3. Paragraph (3) of Article 203 shall read as follows:     Page 19 of 23 
Smoking on public transport, trains , river or ocean liners, airp lanes regardless of ownership 
or right to access is subject to a fine of 130 to 150 conventional units in the case of an 
individual.” 
4. Article article 3641 is added and shall read as follows: 
„Article 3641. Violation of legislation on advertising and sponsorship of tobacco 
products  
(1) Placement or disseminating tobacco products  advertisement, encouraging sales and 
promoting tobacco products through sponsorship  that directly or indirectly promotes 
tobacco products or suggests tobacco us e is punishable by a fine of 140 to 150 
conventional units for individuals, and a fi ne of 450 to 500 conventional units for 
legal entities with deprivat ion of certain rights for 6 mo nths to a year and final 
suspension of activity for repeated viola tions of the law within three years. 
(2) The use of tobacco brand names to promote other products and services, and the use of 
smoking accessories, to directly or indirec tly promote tobacco products, promotional 
offers or gifting tobacco products shall be sanctioned with a fine of 100 to 120 units 
conventional individuals and a fine of 400 to 450 conventional units for legal entities 
and deprivation of certain right s for 6 months to a year. " 
5. Articolul 400, paragraph (1), after the numbers ”89-91” add the words ”911 para. (1)-
(3) and para. (10) and (12)”. 
6. Article 406 paragraph (1),  the words „in art.80-83, 115, 268-271, 276” are replaced by 
the words „in art.80-83, 911 para. (5) – (9) and para. (11), 115, 268-271, 276 and art.3641”. 
7. Article 409 paragraph (1), the words ”i n art.55-61” are replaced by the words ”in 
art.55-61 and 911 para. (2) and para.(4)”. 
 
Art.III.  – Law No.1227 of June 27, 1997 on advert isement (Official Gazette of the 
Republic of Moldova, 1997, No. 67-68 , art.555)  as amended, and supplemented shall be 
amende and supplemented as follows: 
(1) Article 19,  paragraphs (2) a nd (3) shall read as follows: 
“(2) It shall be prohibited to advertise either  directly or indirectly for tobacco products, 
including advertising on the radio and television, in print,  in movie theaters, video, 
documentaries, using telephone and telegr aph networks, in/outdoor advertising, 
in/outdoor advertising at premises where toba cco products are sold, on or inside public 
means of transport, direct mail advertising,  advertising for smoking accessories, and any 
other type of advertising.  
(3) Publications intended exclusively for pr ofessionals in the tobacco trade are exempt 
from the provisions of para. (2).” 
2. Article 22 is supplemented with pa ragragh (7) shall read as follows:    Page 20 of 23 
 
(2) It is prohibited to boost sales and pr omote tobacco products through sponsorship, 
including through sponsorship or  support of any kind for public  or commercial actions or 
initiatives in the course of which the commerc ial brand name or manufacturer's name may 
become visible or information about the connection to the event accessible to the public. It is 
prohibited to engage in any activity that can  mislead or create a false idea about the 
characteristics of tobacco products  and their impact on health. " 
3. Article 28: 
Paragraph (1):  
point b) shall read as follows: „b) send to advertisers and spons ors orders to cease any violat ion of the advertising law.” 
Paragraph (2) shall read as follows: „(2) The state has the right to file lawsuits  even on behalf of unidentified groups of 
advertisment consumers in connection with a vi olation of advertisment  legislation committed 
by advertisers and sponsors, and cancel transactions involving inadequate advertisment and 
sponsoring.  
Art.IV.- Law No. 10 of 3 February 2009 on the superv ision of state public health (published 
in the Official Gazette of the Republic of Moldova, 2009, no.67, art.183) as amended and 
supplemented, shall be amended and supplemented as follows: 
1. Article 16 paragraph (8) shall read as follows: 
”(8) National Centre for Public Health: a) ensures the strengthening of public polici es on tobacco contro l, drafts health 
regulations, methodologies and other documen ts to protect public health from the 
consequences of tobacco consumption and exposure to tobacco smoke, provides highly 
specialized expert advise , provides practical methodological  support relating to tobacco 
control; 
b) ensures collection, analysis and disseminati on of information about the movement of 
tobacco and tobacco products on the internal  market of the Republic of Moldova and 
related activities, tracks the ingredients in  tobacco products and toxins contens; 
c) provides risk assessment of smoking and e xposure to tobacco smoke and communicates 
those findings to the Ministry of Hea lth, other authoritie s and the population.    Page 21 of 23 
 
d) ensures verification of compliance of data/reports submitted by commercial agents who 
manufacture, import, store and sell tobacco products, and compliance of tobacco products 
and apply sanctions in accord ance with the law in force.” 
2. Article 18 paragraph (2) the following points are added: 
”9) to verify compliance with law relating to manufacture, packaging, labeling, affixing the 
warnings on the health hazards of smoking on tobacco products, and to the sale of tobacco 
products and to impose sanctions in accordance with law; 
10) to verify compliance with laws relating to advertisement ban for tobacco products, 
and impose sanctions in accordance with law 
11) to verify compliance with laws relating to the ban on: 
a) placing on the market foodstuff containi ng nicotine and apply sanctions in accordance 
with law; 
b) presenting foodstuff, toys and other produc ts in the form of a cigarette pack or a 
cigarette and apply sanctions in accordance with law;c) use of t obacco brand names to 
promote other products or services; 
d) use of smoking accessories (ashtrays, light ers) to promote directly or indirectly 
tobacco products;  
e) the sale of toys, foodstuff and other products  that make reference to tobacco products;  
12) take samples of tobacco and tobacco pr oducts placed on the domestic market and test 
for compliance with legislation regulating the placing on the market of tobacco products. ’ 
3. Article 31 is supplemented by the following paragraph: 
 ”(2) The institutions, enterprises and organiza tions regardless of ownership are required 
to make available to state representatives fr om the National Monitoring Service for Public 
Health authorized to carry out state-sanctione d public health controls, tobacco and tobacco 
products and related documents for verification of compliance with le gislation on tobacco 
control." 
Article V. - Law No. 416 of 18 December 1990 on police (re-published in the Official Gazette 
of the Republic of Moldova, 2002, no.17-19, article  56) as amended and supplemented, is 
amended and supplemented as follows:    Page 22 of 23 
 
Article 12 is supplemented by the following points 
”39) to verify compliance with the law on pr otection from exposure to tobacco smoke in 
enclosed and quasi-enclosed public places, and apply sanctions in accordance with law; 
 
40) to verify compliance the law on tobacc o control , relating to  age, request for 
identification, display information on the prohib ition of sale of tobacco products to persons 
under 18 years, display the amount of fines in case of underage sale  violations, peddling, 
makeshift stalls and improvised counters, internet commerce and other illegal ways of selling 
tobacco products, posting information on smoking ban and apply sanctions according to the 
law in force 
41) to verify compliance with laws prohibiti ng the placing on the market of smokeless 
tobacco and of tobacco products cont aining plants other than tobacco.” 
Art.VI.  – Law no. 140 of 10 May 2001 on Workplace Inspection (Official Gazette of the 
Republic of Moldova, 2001, no.68-71, art.505) is  amended and supplemented as follows 
(1) Article 4 paragraph (1) is supp lemented by point g) as follows: 
Article 4, paragraph (1) is suppplemented with  point g) and shall read as follows:  
 
“g) monitors compliance with laws prohi biting smoking in the workplace and applies 
sanctions in accordance with law." 
 
Art.VII.-  FINAL AND TEMPORARY PROVISIONS  
(1) The present Law shall enter into force after its public ation, except fo r articles  
121 paragraph (1), paragraph (2 ) and paragraph (3) article 122 and article 123, 
paragraph (2) which shall enter into for ce on January 1, 2014, and provisions under 
article 1212 paragraph (1), point. d), which sh all enter into force on July 1, 2014.  
(2) Until December 31, 2013: 
1) Each package containing tobacco products  shall have a general warning and an 
additional warning text affixed to it. 
2) The general warning shall cover no less th an 30% of the surface on which it is printed, 
and the additional warning text not less than  40% of the surface on which it is printed. 
Notwithstanding the provisions of article 1212 paragraph (1), point d), bars, restaurants 
and other similar public places, with separate areas designated for smokers and non-smokers 
where polluted air does not enter the non-smoki ng area and which have mandatorily posted, 
signs "Smoking Area" respectively, "Non-smoki ng Area," are exempt until July 1, 2014.    Page 23 of 23 
 
(4) Within a six-month term, the Government shall: 
- submit proposals to the Parliament to bring the legislation in force in line with the 
present law; 
- bring its normative acts in line with the present law. 
 
  
PRESIDENT OF THE PARLIAMENT