| 1 | In this Law – | Definitions (Amendments: 2001, 2004) |
| " Penal Law " – Penal Law – 1977 | ||
| " tobacco products " - tobacco in any form intended for smoking, sniffing, chewing or sucking and includes cigarettes, cigars, cigarillos, tobacco for hookah and pipe tobacco; | ||
| " label " – commercial trademark, symbol, special wording, graphic design, slogan, or other unique markings; | ||
| " advertising " - verbally, in writing, in print or via electronic means directed at or accessible to the public including indirect advertising; | ||
| " indirect advertising " – advertising which is not for a tobacco product, the purpose of which, inter alia, is to advance marketing of a certain tobacco product; | ||
| " marketing " - the sale, supply or import of tobacco products but does not include – | ||
| (1) export; | ||
| (2) import by persons entitled to exemption from the payment of customs duty under any enactment in force relating to customs; | ||
| (3) sale in duty-free shops; | ||
| " advertising of a trade name " - advertising of a trade name of tobacco products or any particular kind or kinds of cigarettes, cigars, cigarillos or pipe tobacco including indirect advertising. | ||
| 2 | No person will do any advertising in praise of smoking as such. | Prohibition of advertising in praise of smoking. |
| 3 | No person will advertise tobacco products or a trade name, including by means of a drawing, image, sound, picture, movement or any other means in any of the following: | Prohibition of advertising by certain means (Amendment 2001) |
| (1) radio broadcasts in Israel; | ||
| (2) television broadcasts in Israel; | ||
| (3) public screenings or theatre, festival or public event; | ||
| (4) newspapers, or any other printed matter, intended mainly for children and youth up to the age of eighteen years; | ||
| (4a) section or supplement of a newspaper devoted mainly to sport, entertainment or amusement; | ||
| (5) public inland transportation vehicles. | ||
| (6) video cassette, audio cassette or CD intended for sale, rent or public presentation; | ||
| (7) game or programme as defined by the Computer Law – 1995. | ||
| 4 | (a) No person will advertise tobacco products or a trade name through fixed or mobile outdoor signs, or in premises open to the public, except through a permitted sign. | Restriction on advertising through signs |
| (b) No person will advertise tobacco products or a trade name through a permitted sign unless the warning set out in section 9 appears thereon in Hebrew, in a box, in letters clearly legible from a distance which in the circumstances of the case is reasonable. | ||
| (c) Any advertising through a permitted sign will only include the following particulars or part thereof; the name, trademark and trade name of the tobacco product, the name and trademark of the manufacturer, a representation of the package in which the tobacco product is sold and the place of sale. | ||
| (d) In this section, "permitted sign" means a sign lawfully displayed upon the outside of, or within any business premises or on a vehicle of a manufacturer, importer, agent, marketer, distributor or seller of tobacco products or upon the outside of, or within, a place of sale thereof. | ||
| 5 | (a) No person will advertise tobacco products or a trade name through the use of the names or image of persons, of any of their limbs or those of animals including illustrated or animated images. | Restrictions on Advertising |
| (Amendment 2001) | ||
| (b) the provisions of this clause will not apply to the use of the name or image of a person or animal which constitute a registered commercial trademark, as defined in Commercial Trademarks Ordinance [New Version] – 1972, provided that the tobacco product was marketed in Israel prior to the date of commencement of the Restriction of Advertising Tobacco Products for Smoking Law (Amendment no. 2) – 2001 (hereinafter: Amendment no. 2 ), with the use of the name or image as stated, and the name or image are presented in the advertisement in the same format of the registered commercial trademark. | ||
| 6 | No persons will publish more than one advertisement of a particular trade name in one issue of a newspaper or other printed matter. | Restrictions on number of newspaper advertisements |
| 7 | No person will advertise tobacco products or a trade name in a newspaper or other printed matter unless the last line of the advertisement contains a warning, in a box, with the text set out in section 9; The warning will be in the language in which the newspaper or other printed matter is published, in clear letters of a minimum size of twelve points of black print. | Duty to include warning in advertisement |
| (Amendment 1995) | ||
| The frame in which the warning is set out should be at least 5% of the advertisement area. | ||
| 7A. | (a) No person will indirectly advertise within the scope of a commercial business. | Restrictions of use of trade name of a tobacco product [amendment 2001] |
| (b) An advertisement for a product which is not a tobacco product or for a business or activity in which use of a commercial name or label of a tobacco product is used, will be considered indirect advertising unless proven otherwise. | ||
| (c) The provisions of sub-sections (a) and (b) will not apply to products which are not tobacco products or to business or activity which have identical or similar names to the commercial trademark or trade name of the tobacco product, and not to the advertising of a product, business or activity as stated, if the following conditions exist in respect thereof: | ||
| (1) The product, the business or the activities were marketed or existed in Israel on the date of amendment no. 2 coming into force; | ||
| (2) The said product, business or activity are presented in the advertisement, in principle, in a different manner from the tobacco product trademark, or that the trademark of the tobacco product is presented on a product which is not a tobacco product in such a way that it is not clearly visible. | ||
| (d) A manufacturer or importer will not use the trade name of a tobacco product which was first marketed after commencement of amendment no. 2 if it is identical or significantly similar to the name of another product which is not a tobacco product. | ||
| (e) The granting of sponsorship, whether in an advertisement in which the sponsorship is mentioned, will not be deemed as an indirect advertisement, provided that the sponsorship or advertising as stated, are for events within the fields of culture, art or welfare which are not intended mainly for children or youth up to the age of 18, or for activities falling within these fields. | ||
| 7B. | No person will install a machine for the sale of tobacco products in a location determined by the Minister of Health, with the approval of the Finance Committee of the Knesset. | Prohibition of installation of sales machine (Amendment 2001) |
| 8 | (a) No personal will market, or distribute, to the consumer a tobacco product having attached to it, or which is accompanied by, a prize, gift or right to participate in a prize lottery or competition. | Prohibition of Gifts |
| (b) No person will distribute tobacco products to the consumer free of charge. | ||
| 8A. | (a) No person will sell tobacco products to a minor | Prohibition of sale to minor |
| (Amendment 2004) | ||
| (b) A business owner or anyone who works in the business is entitled to demand from a person who wishes to be provided with a tobacco product, that he should present him with a legal document in which his age can be verified. | ||
| (c) An owner of a business in which tobacco products are sold will hang a notice detailing the provisions of sub-sections (a) and (b) in a prominent location within the premises in the manner determined by the Minister of Health. | ||
| (d) Who ever does not comply with the provisions of sub-section (c) will be considered as not complying with the conditions of the business permit which was granted to him according to the Business Permit Law – 1968, and provisions of the said Law will apply to him. | ||
| 9 | No person will market tobacco products in a packet including pipe tobacco in a package, unless there is printed on or affixed a warning in print letters as follows: " Warning – The Ministry of Health Declares that Smoking Causes Severe Illness"; The warning will be in Hebrew, in black print, in clearly legible eight-point Frank-Ruehl letters. The word "Warning" will be underlined. | Warning |
| (Amendments in 1995, 2001) | ||
| (b) In the case of tobacco products other than cigarettes, the warning may be printed on or affixed to the front of the wrapping instead of the side thereof. | ||
| (c) The Minister of Health, with the approval of the Knesset Finance Committee, may amend the wording of the warning, including drafting of various warning wordings and which may be altered from time to time, in respect of this section and sections 4 or 7, and also change the small size of the letters of the warning and set provisions concerning the location of the warning, its format, design and ways to replace the warning wording; the warning wording which has been fixed according to this sub-section will come into force within 45 days from the date of its publication in "Reshumot" (the official gazette) – in respect of publication as stated in section 7 and within 8 months from the date of said publication – in respect of publication according to clause 4 or this clause. | ||
| 10 | For the purposes of this Law, the State will be treated like any other person. | Status of State |
| 11 | (a) Whosoever breaches any provision of this Law, except for section 8(a) will, in the case of an individual – be fined in the amount set out in section 61(a)(4) of the Penal Law, and in respect of a corporate entity – double the fixed amount set out in section 61(a)(4). | Penal |
| (Amendments 1995,2001,2004) | ||
| (1a) The seller of a tobacco product to a minor contrary to the provisions of section 8A will be liable to a fine as stated in section 61(a)(1) of the Penal Law; | ||
| (b) In case of an offence under section 9, failure to print or affix the warning on or to one production series indicated on each package thereof, or in the case of imports on or to one import unit indicated on each package thereof, will be regarded as one offence. | ||
| (c) The burden of proof will in the case of a production series be on the manufacturer, and in the case of an import unit, on the importer. For the purposes of this section, a production series is tobacco products manufactured in one working day, and an import unit is tobacco products of the same trade name packed in one crate. | ||
| 11A. | (a) A public entity whose purpose is to protect the environment or safeguard well-being, which has been approved by the Minister of Health, may submit a complaint, as stated in section 68 of the Criminal Procedure Law [Combined Version] – 1982 about an offence perpetrated under this Law. | Complaints (Amendment 2001) |
| (b) A complaint in accordance with the provisions of sub-section (a) cannot be filed, unless with the approval of the District Attorney. | ||
| 12 | In case of an offence under sections 2 to 7 the following will also be charged – | Liability of advertiser and owner of means of publication |
| (1) the person who delivers the advertisement, or the advertisement of a trade name, for publication and | ||
| thereby causes it to be published; | ||
| (2) the person who received the advertisement or the advertisement of a trade name, for publication and publishes it. | ||
| 13 | Where a tobacco product or a trade name has been advertised, then, unless proven to the contrary, the manufacturer or, in the case of an imported product, the importer will be deemed to have advertised it or it will be deemed to have been advertised upon his instructions, provided that an advertisement which originates from outside Israel will not be considered as prohibited advertising according to this Law, if from the manner in which the advertisement was made it transpires that it was never intended mainly for the Israeli public. | Presumption |
| (Amendment 2001) | ||
| 14 | A person who has been empowered by the Minister of Health in writing may, if he is satisfied that it is necessary to do so, to ensure compliance the provisions of section 9, enter any place where tobacco products are sold, manufactured or stored and seize tobacco products the packages or bags or which have no warning on them; Tobacco products seized as aforesaid will only be returned after the owners have affixed a warning thereto. | Seizure |
| 15 | The Minister of Health is charged with the implementation of this Law and may, with the approval of the Labour and Social Affairs Committee or the Knesset, make regulations as to any matter relating to its implementation. | Implementation and regulations |
| 16 | (a) Section 7 will come into force three months from the date of publication of this Law. The other provisions of this Law will come into force six months from the date of its publication. | Commencement and transitional provisions |
| (b) The advertising of tobacco products or of a trade name by any person before the date of publication of this Law will not be regarded as an offence under this Law if such person proves that it ceased to be under his control or authority before the said date or that he cannot or is not entitled to terminate or remove it. | ||
| (c) The requirement of including a warning as provided in section 4 will not apply to signs permitted by section 4 which are electrically lit if they were installed before 1 st January 1983; In the case of signs not electrically lit, the require of including a warning will apply upon the expiration of one year from the date of publication of this Law. |
Menachem Begin
Prime Minister
Eliezer Shostak
Minister of Health
Yitzchak Navon
President of the State
