Law No. 3817-IX “On state regulation of the production and circulation of ethyl alcohol, alcohol distillates, bioethanol, alcoholic beverages, tobacco products, tobacco raw materials, liquids used in electronic cigarettes, and fuel”.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Law defines the main principles of state policy regarding the regulation of production, import into the customs territory of Ukraine, export outside the customs territory of Ukraine, wholesale and retail trade in ethyl alcohol, alcohol distillates, bioethanol, alcoholic beverages, tobacco products, tobacco raw materials, liquids used in electronic cigarettes, and fuel, as well as strengthening the fight against their illegal production and circulation in the territory of Ukraine. The aforesaid activities shall be subject to mandatory licensing. It classifies the types and categories of spirits, wines and tobacco products, and establishes the methods of packaging, labelling and transportation thereof. Falsification of ethyl alcohol, alcohol distillates, bioethanol, alcoholic beverages, tobacco products, liquids used in electronic cigarettes, fuel shall be intended intentional, for selfish purposes, production of ethyl alcohol, alcohol distillates, bioethanol, alcoholic beverages, tobacco products, liquids used in electronic cigarettes, fuel with violation of technology or with copying of the shape, packaging, external design, or other unlawful reproduction of another person's goods (products). It is prohibited to sell bioethanol without denaturing it with gasoline (1-10 percent) or ethyl tert-butyl ether, the content of which meets the requirements of technical regulations, except for bioethanol produced for export outside the customs territory of Ukraine, the requirements for denaturing of which are determined by the terms of the concluded foreign economic agreement (contract). Wholesale trade in ethyl alcohol, alcohol distillates, and bioethanol on the territory of Ukraine by business entities - producers of the specified commodities (products) is carried out in the presence of a license for the right to produce ethyl alcohol, for the right to produce alcohol distillates, for the right to produce bioethanol, respectively, and does not require obtaining a separate license for the right to wholesale trade in ethyl alcohol, alcohol distillates, and bioethanol. Tobacco cultivation, fermentation of tobacco raw materials, production of tobacco products, liquids used in electronic cigarettes are carried out by business entities with a license for the right to grow tobacco, for the right to ferment tobacco raw materials, for the right to produce tobacco products, for the right to produce liquids used in electronic cigarettes, respectively. Wholesale fuel trade is carried out by a business entity with a license for the right to wholesale fuel trade. Retail fuel trade is carried out by a business entity with a license for the right to retail fuel trade. This Law contains XIII Sections divided into 73 Articles. Section I lays down general provisions. Section II regards regulation of production, wholesale and retail trade, importation into the customs territory of Ukraine, export outside the customs territory of Ukraine of ethyl alcohol, alcoholic distillates, bioethanol, alcoholic beverages. Section III regards regulation of production, wholesale and retail trade, importation into the customs territory of Ukraine, export outside the customs territory of Ukraine of tobacco products, tobacco raw materials and liquids used in electronic cigarettes, tobacco growing, fermentation of tobacco raw materials. Section IV regards regulation of production, wholesale and retail trade, importation into the customs territory of Ukraine, export outside the customs territory of Ukraine of fuel. Section V deals with certification of production. Section VI regards state registers. Section VII regards licensing. Section VIII regards electronic traceability. Section IX establishes general requirements for categories, official names of alcoholic beverages, labelling of alcoholic beverages, tobacco products, liquids used in electronic cigarettes. Section X establishes the basis of state policy of the consumption of alcoholic beverages and tobacco products, the use of electronic cigarettes and devices for the consumption of tobacco products without combustion. Section XI establishes control and liability. Section XII lays down final provisions. Section XIII lays down transitional provisions.
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Entry into force notes
This Law shall enter into force on the day following the day of its publication.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
ЗАКОН УКРАЇНИ Про державне регулювання виробництва і обігу спирту етилового, спиртових дистилятів, біоетанолу, алкогольних напоїв, тютюнових виробів, тютюнової сировини, рідин, що використовуються в електронних сигаретах, та пального.