Ban on the sale of disposable vaping devices (‘puff’) and restrictions on consumption for all vaping devices: adoption of the draft law no 264

Parliamentary draft law no. 264 prohibiting the sale and consumption of single-use electronic vaping products (commonly known as "puff") (8 articles), tabled in Public Session on 27 June 2024 and referred to the Parliament's Environment and Quality of Life Committee, was adopted on 17 October 2024.

Government bill no. 1104 amending law no. 1.346 of 9 May 2008 on protection against smoking, tabled in the Public Session on the same day, covers, among other things, as does parliamentary draft law no. 264, bans on the sale and consumption of electronic vaping products. It will lead to a framework law to combat and protect against smoking in the Principality.

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SUMMARY

• Prohibition on the manufacture, sale, distribution or making available, whether in return for payment or free of charge, of any disposable electronic vaping device ("puff");
• Ban on the consumption of single-use ("puff") and reusable disposable electronic vaping products in places where the consumption of traditional cigarettes is currently prohibited.
• Procedures for enforcing the ban on manufacturing, selling or making available, and on consumption.
• Administrative and criminal penalties.
• Entry into force 6 months after publication of the law in the Journal de Monaco.

Reasons for draft law no. 264

• "Although the volume of waste generated by these products is difficult to assess in practice, their nature as single-use objects necessarily contradicts the Principality's commitments to reduce and recycle waste".
• "In addition to these environmental aspects, "puff" is also a public health issue, particularly for young people".
• "These bans are part of the elected representatives' desire to protect all users [of] living, educational or work environments, who are not themselves consumers of vaping machines, and to give full effect to the ban on the manufacture or sale of these products in Monaco".

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IN DETAIL

¤ Definition of "dispositif électronique de vapotage" ("electronic vaping device")

• "any product, or any component of such products, which may be used, by means of a mouthpiece, for the consumption of vapour containing nicotine where appropriate".

¤ Prohibition on the manufacture, sale or making available of single-use vaping devices ("puff") (art. 1)

• Prohibition on "manufacturing, selling or making available, for consideration or free of charge, any disposable electronic vaping device that meets one of the following two conditions: 1°) is pre-filled with a liquid and cannot be refilled 2°) has a non-rechargeable battery".

Conditions of application specified by Sovereign Order.

¤ Ban on the consumption of single-use and reusable vaping devices in places where smoking traditional cigarettes is prohibited (art. 2):

Draft law no. 264 bans the consumption of all electronic vaping products in:

1. enclosed and covered places for collective use;
2. enclosed and covered workplaces for collective use;
3. on the premises of establishments intended for minors;
4. public transport.
   

In addition, the person in charge of an establishment used for collective purposes would be able to prohibit the consumption of electronic vaping products..

¤ Procedures for monitoring the prohibition on manufacture, sale or making available and measures (art. 3, 5 et 6)

• by civil servants and public agents under the conditions set out in articles L. 530-1 to L. 530- 4 of the Environmental Code (access to premises, establishments or means of transport; on-site verification operations; report; official report).
• The necessary measures are taken after the interested party has been given formal notice, by registered letter, which has not been complied with by the deadline set.
• The President of the Court of First Instance, hearing the case and ruling as in summary proceedings, may order the measures prescribed to be lifted.

¤ Procedures for enforcing the ban on consumption (art. 8)

• by the medical inspector, the inspectors of the Directorate of Health Action, as well as the labour inspectors, commissioned and sworn, concurrently with the officers of the judicial police (investigation and recording of offences).

¤ Administrative penalties that may be imposed by the Minister of State (art. 4)

• Irrespective of the specific provisions of this law or the texts adopted for its application, and without prejudice to the general police power, any measures of suspension or revocation, the Minister of State may pronounce any appropriate measures such as : stopping or suspending production, handling or transport operations; seizing, storing, neutralising, immobilising or destroying products; temporarily closing down companies or establishments and seizing documents or operating equipment; stopping, suspending or banning any activity or demonstration (see numbers 2°), 3°), 4°), and 6°) of article L. 550-3 of the Environment Code).

¤ Criminal penalties (art. 7)

• Any person who manufactures, sells or makes available, whether in return for payment or free of charge, any electronic vaping device is liable to the fine provided for in article 26, number 3° of the Criminal Code (from 9,000 to 18,000 euros).
• Anyone who disregards the prohibitions on consumption is liable to the fine provided for in article 29, number 1 of the Criminal Code (from 15 to 75 euros). The person responsible for the place where the offence was committed is liable to the fine provided for in article 29, number 3 of the Criminal Code (from 200 to 600 euros).

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