Federal Law No. (15) of 2009
On Tobacco Control
We, Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates,
Having reviewed the Constitution, and Federal Law No. (1) of 1972 concerning the Competencies of Ministries and Powers of Ministers, and its amending laws,
- - And Federal Law No. (1) of 1979 regarding the Industrial Affairs Regulation Law,
- - And Federal Law No. (4) of 1979 on the Suppression of Fraud and Deception in Commercial Transactions,
- - And Federal Law No. (11) of 1981 concerning the imposition of a federal customs duty on imports of tobacco and its derivatives, and its amending laws,
- - And Federal Law No. (3) of 1987 issuing the Penal Code, and its amending laws,
- - And Federal Law No. (35) of 1992 issuing the Criminal Procedure Law, and its amending laws,
- - And Federal Law No. (7) of 1993 on the establishment of the Federal Environment Agency, and its amending laws,
- - And Federal Law No. (14) of 1995 on Combating Narcotic Drugs and Psychotropic Substances, and its amending laws,
- - And Federal Law No. (20) of 1995 on Medicines and Preparations Derived from Natural Sources,
- - And Federal Law No. (24) of 1999 on the Protection and Development of the Environment, and its amending laws,
- - And Federal Law No. (28) of 2001 on the establishment of the Emirates Authority for Standardization and Metrology,
- - And Federal Law No. (1) of 2003 on the establishment of the Federal Customs Authority,
- - And Federal Law No. (8) of 2004 concerning Financial Free Zones,
- - And Federal Law No. (24) of 2006 on Consumer Protection, and based on the proposal of the Minister of Health, the approval of the Council of Ministers and the Federal National Council, and the ratification of the Federal Supreme Council,
Have issued the following Law:
Article (1)
In the application of the provisions of this Law, the following words and phrases shall have the meanings assigned to each of them, unless the context indicates otherwise:
| The State |
: The United Arab Emirates. |
| The Minister |
: The Minister of Health. |
| The Competent Authority |
: The local authority in the concerned Emirate. |
| Tobacco |
: The tobacco plant of all types, species, and parts, including roots, stems, leaves, fruits, and seeds, whether green or dried. |
| Tobacco Products |
: Products composed wholly or partly of tobacco leaves as a raw material, whether whole, cut, or minced, and whether in their natural state, mixed with other substances, or formed in any shape, and powdered tobacco in any of its forms, or any other compound substance in which tobacco is a component. |
| Tobacco Use |
: The use of tobacco of any kind by smoking, inhaling, chewing, absorption, or any other means used for the purpose of smoking or using tobacco. |
| Advertising and Promotion |
: The introduction of the tobacco plant and its products using any print, audio, or visual media, directly or indirectly, or any other means, with the aim of encouraging its trade and increasing the number of its users. |
| Public Place |
: A place prepared to receive the public or a specific group of people for any purpose. |
| Enclosed Public Places |
: A public place that has the form of an integrated structure where air enters only through designated openings. Public transportation is considered an enclosed public place. |
| Public Transportation |
: Buses, vehicles, trains, airplanes, ships, boats, and any other means designated for public transport. |
Article (2)
Without prejudice to the provisions established by other laws, it is prohibited to bring tobacco and its products into the State or to circulate any of them within it, unless the conditions stipulated in the State's standard specifications are met.
Article (3)
Warning statements, images, and data must be clearly and variedly written on every package of tobacco or its products, in the manner specified by the Executive Regulations of this Law.
Article (4)
It is prohibited for any natural or legal person to advertise, promote, or sponsor any tobacco product by any means aimed at encouraging tobacco use, as specified by the Executive Regulations of this Law.
It is also prohibited to print or publish advertisements aimed at encouraging tobacco use. Tobacco products may not be used as a means to advertise another product.
Article (5)
It is prohibited to perform any of the following acts:
- Cultivating tobacco for commercial purposes and manufacturing its products within the State. Existing farms and factories engaged in this activity must regularize their status within the period specified by the Executive Regulations of this Law.
- Selling or attempting to sell tobacco or its products to any person under the age of (18) years. The seller has the right to ask the buyer for proof of age, and ignorance of age shall not be an excuse.
- Importing sweets and toys that resemble tobacco or its products.
- Selling or attempting to sell sweets and toys that resemble tobacco or its products.
- Smoking while driving a private vehicle if a child under the age of twelve (12) is present.
Article (6)
The display or sale of tobacco products is prohibited except in places designated and licensed for that purpose by the Competent Authority. The Executive Regulations of this Law shall specify the controls for the display and sale of tobacco products.
Article (7)
Smoking is prohibited in enclosed public places. With the exception of houses of worship, educational institutions, and health and sports facilities, the Competent Authority may designate a special area for smoking in these places according to the controls specified by the Executive Regulations of this Law.
Article (8)
Smoking is prohibited in public places specified by the Executive Regulations of this Law in coordination with the Competent Authority.
Article (9)
It is prohibited to allocate or use automatic devices and equipment for selling tobacco or its products within the State.
Article (10)
In the event that tobacco or one of its products is brought into the State and does not conform to the approved technical standard specifications and conditions, the Competent Authority shall destroy the seized materials in a manner that does not harm the environment or task the importer with removing them from the State at their own expense.
Article (11)
It is prohibited to license cafes or similar establishments that serve any type of tobacco or its products inside or adjacent to residential buildings or neighborhoods within the distance specified by the Executive Regulations of this Law. These regulations, in coordination with the Competent Authority, shall specify the places where the serving of tobacco or its products may be licensed and their operating hours. Existing cafes or similar establishments must regularize their status within two years from the date this Law comes into effect by changing their activity or relocating.
Article (12)
A committee named the National Tobacco Control Committee shall be formed by a decision of the Council of Ministers. This decision shall specify the committee's competencies, its system of work, and the remuneration of its members.
Article (13)
Anyone who violates any provision of Articles (2), (5/1), (5/3), and (9) of this Law shall be punished by imprisonment for a term of not less than one year and a fine of not less than (100,000) one hundred thousand dirhams and not exceeding (1,000,000) one million dirhams, or by one of these two penalties.
In the case of a repeat offense, the penalty shall be imprisonment for a term of not less than two years and a fine of not less than (1,000,000) one million dirhams.
Article (14)
Anyone who violates any provision of Articles (3) and (4) of this Law shall be punished by a fine of not less than (100,000) one hundred thousand dirhams and not exceeding (1,000,000) one million dirhams. The penalty shall be doubled in the case of a repeat offense.
Article (15)
Without prejudice to the provisions of Article (10) of this Law, anyone who fails to comply with the order of the Competent Authority stipulated in this article shall be punished by a fine of not less than (50,000) fifty thousand dirhams and not exceeding (200,000) two hundred thousand dirhams. In the case of a repeat offense, the penalty shall be imprisonment for a term not exceeding one year and a fine of not less than (200,000) two hundred thousand dirhams.
Article (16)
For any other violation of the provisions of this Law, the Competent Authority shall collect an immediate fine of (500) five hundred dirhams, paid in settlement of the incident. If a settlement is not possible, the incident shall be referred for criminal prosecution, and the penalty shall be a fine of not less than (3,000) three thousand dirhams and not exceeding (10,000) ten thousand dirhams. The penalty shall be multiplied by the number of violations.
Article (17)
In case of conviction, the court shall, in addition to the penalties stipulated in this Law, order the confiscation of the seized materials and advertising materials, and it may also order the closure of the establishment.
Article (18)
The penalties stipulated in this Law shall be without prejudice to any more severe penalty provided for in any other law.
Article (19)
The Minister of Justice, in agreement with the Minister and in coordination with the Competent Authority, shall issue a decision specifying the employees who shall have the capacity of judicial enforcement officers to establish violations of the provisions of this Law and its implementing regulations and decisions, each within their scope of jurisdiction.
Article (20)
The Council of Ministers shall issue the Executive Regulations for this Law.
Article (21)
Any provision that violates or contradicts the provisions of this Law is hereby repealed.
Article (22)
This Law shall be published in the Official Gazette and shall come into effect on the day following the date of its publication.
Khalifa bin Zayed Al Nahyan
President of the United Arab Emirates
Issued by us at the Presidential Palace in Abu Dhabi:
Date: 5 Muharram 1431 H
Corresponding to: 22 December 2009 G