Moldova

Policy Summary: 

Non-nicotine e-cigarettes are considered as consumer products in theory.* Nicotine-containing e-cigarettes are regulated by Law No. 278 on Tobacco Control (with amendments). The regulation contains a requirement to notify the National Public Health Agency prior to introducing a product to the market and notification requires compliance with a range of product specifications including on pack warnings. Manufacturers or importers must also submit an annual report to the National Public Health Agency as specified in the law.

Sale by and to minors under 18 years is prohibited and this information must be visibly displayed. Age verification is required at point of sale. Cross border distance sale (sale over the internet) and through street vendors is prohibited. Sale of e-cigarettes in damaged packaging or packaging other than manufacturer’s original packaging is also prohibited. There are also provisions on proximity of retail stores to education and medical facilities. A provision that prohibits the display of tobacco related products in commercial spaces and requires retailers to display a list of tobacco and tobacco related products available for sale will come into effect May 20, 2020.

Nicotine containing e-cigarettes (that are not regulated as medicines) may be placed on the market provided they meet certain requirements, including: nicotine content should not exceed 2mg per unit; nicotine content in e-liquid should be less than 20mg per mL; maximum volume of cartridge and tanks or single use e-cigarettes should not exceed 2 mL; maximum volume of refill containers should not exceed 10 mL; e-liquid should not contain certain additives as stipulated in the law.

The warning “Acest produs conţine nicotină. Nicotina generează un grad sporit de dependenţă” (‘This product contains nicotine which is a highly addictive substance.’) must appear on 30% of each of the two biggest surfaces of the unit packaging and any other packaging; must be in black Helvetica bold font on a white background; framed by a black border of width not less than 3mm and not more than 4mm; text must be centralized, occupy the greatest possible proportion of the area reserved for it, and be parallel to the main text on the surface reserved for the warning. The health warning does not apply to products sold in duty free areas. There are provisions that restrict the use of the packaging for advertisement or promotional purposes (e.g. pack must not contain misleading elements, including elements suggesting therapeutic, health or lifestyle benefits).

Advertising, promotion and sponsorship are prohibited.

Use is banned in public places where smoking is prohibited, including in private transportation where minors under 18 years are present.

Regulatory Mechanisms: 

Law No. 278/2007 on Tobacco Control, republished 2015, with subsequent amendments

(http://www.webcitation.org/query?url=http%3A%2F%2Flex.justice.md%2Findex.php%3Faction%3Dview%26view%3Ddoc%26lang%3D1%26id%3D360910&date=2018-10-29)

Law No.1227 on Advertising, with subsequent amendments

(http://www.webcitation.org/query?url=http%3A%2F%2Flex.justice.md%2Findex.php%3Faction%3Dview%26view%3Ddoc%26lang%3D1%26id%3D311557&date=2018-10-29)

Law No. 10/2009 on the State Supervision of Public Health, with subsequent amendments

(http://www.webcitation.org/query?url=http%3A%2F%2Flex.justice.md%2Findex...)

Law No. 320/2012 on Police activity and the Policeman’s status, with subsequent amendments

(http://www.webcitation.org/query?url=http%3A%2F%2Flex.justice.md%2Findex.php%3Faction%3Dview%26view%3Ddoc%26lang%3D1%26id%3D346886&date=2018-10-29)

Code No. 218/2008 on Contraventions [A1] of the Republic of Moldova, republished 2018, with subsequent amendments (http://www.webcitation.org/query?url=http%3A%2F%2Flex.justice.md%2Findex...)

 [A1]Establishes contraventions and enforcement mecanism.

WHO Region: 
EURO