Where is smoking prohibited by law?
The anti-tobacco law was adopted in 2014. Five years later, citizens of the Russian Federation adapted to its requirements. Somewhere we managed to teach people to smoke in strictly designated areas.
Public places where open smoking is prohibited:
- hospitals, clinics, sanatoriums – healthcare institutions;
- children's institutions and places where mass children's events take place (for example, a playground in the yard or an equipped beach);
- sports buildings and structures;
- train stations, airports, ports - everything related to public transport;
- in government agencies;
- in open places where people gather - this includes markets, squares, pedestrian streets;
- in common areas in residential buildings.
The list can be continued, adding special cases of “public places”. In fact, any place where there are a lot of people is considered public. This includes entrances to offices, shops, parking lots, and parks.
There are special places for smokers. There will be a trash can, a roof, ventilation (if indoors) and a special sign. People quickly got used to such “reservations”.
Immediately after the adoption of the Federal Law No. 15, smokers did not understand where exactly they would be fined. In practice, “safe and dangerous” territories were quickly established.
Where can I complain if my neighbor in a communal apartment smokes?
In a communal apartment, the total area is the entire technical part: toilet, bathroom, kitchen, corridor, hallway. Your neighbor's room is his personal territory, and you cannot prohibit smoking in it. If the neighbors are reasonable, then you should talk to them and explain your complaints peacefully. Most people then stop smoking indoors.
It will be difficult for a neighbor who is prone to aggression or antisocial behavior to prohibit smoking in the kitchen. Here we can advise you to contact the local police officer. Rospotrebnadzor is unlikely to agree to be on duty on your territory to catch a malicious smoker. The district police officer is obliged to respond to such statements from residents as part of his duty. He has many means in his arsenal to punish the offender without a fine.
Hypothetically, it is possible to sue a smoking neighbor for causing damage to health. The harm will need to be documented, as will the facts of repeated smoking. A cause-and-effect relationship will also have to be proven.
Hookah bars were not banned, but many restrictions were introduced
If the main type of activity of a hookah bar is declared to be OKVED code 93.29 “Other entertainment and entertainment activities”, and not the codes of group 56 “Activities for the provision of food and beverages”, then offer your customers hookahs, electronic cigarettes, vapes and other devices for consuming tobacco and nicotine-containing products. No one is banning the product yet. However, entrepreneurs will also have to live under new restrictions.
Hookah bars can no longer be placed:
— in the buildings of educational and sports centers;
— in cultural institutions and youth affairs bodies;
— in medical, rehabilitation, sanatorium and social centers;
— at railway and bus stations, airports, sea and river ports;
- on the beaches;
- at the gas station.
With the permission of the owners, they can be placed in isolated common areas of apartment buildings, for example, in basements with a separate entrance. The requirements for such premises are established by a joint order of the Ministry of Construction of the Russian Federation and the Ministry of Health of the Russian Federation dated November 28, 2014 No. 756/pr/786n.
In most other buildings, hookah bars are allowed to open freely. However, the premises allocated for them should not provide housing or hotel services, temporary accommodation and accommodation services, or house state and local government bodies or other enterprises.
It should be understood that the concept of “premises” is not equivalent to the concept of “building”. Thus, a hotel building consists of many premises and not all of them are intended for the provision of hotel services. Thus, a hookah bar can be equipped in a hotel building in a room specially allocated for this purpose.
From January 28, 2021, restrictions also apply to market premises, non-stationary retail facilities, premises for the provision of household services, retail and wholesale trade services. In addition to the sale of goods, the latter also includes warehouse operations, providing assistance to customers and creating convenience for them in making a purchase, and consulting services.
Advertising of hookahs and smoking mixtures will be banned
From January 28, 2021, only advertising of hookah mixtures without tobacco and nicotine is allowed without restrictions. At the same time, it should not use the word “hookah bar” and it should not be associated with advertising the process of hookah smoking itself.
However, it will still be possible to inform about the services offered by the hookah bar, including tobacco and nicotine-containing mixtures. This is due to the fact that advertising implies an indefinite circle of consumers. If information is intended for a specific person, it is not considered advertising and can be distributed with almost no restrictions.
At the same time, it is not allowed to use audio and video clips, as well as photographs that show the process of smoking, smoking accessories, tobacco products, nicotine-containing products and devices for their consumption. All types of demonstrations of smoking, including in social groups and on establishment websites, are prohibited.
In this regard, we can recommend the following:
— abandon the word “hookah bar” and its derivatives in the name of the establishment;
— focus advertising for the general consumer on offers not related to hookah smoking;
— information about the proposed hookah mixtures should be posted only in groups and on pages on social networks with limited access or sent to regular customers via SMS, instant messengers or email;
- accompany all types of information with a mandatory message that children under 18 years of age are not allowed into the establishment.
The state will regulate prices for all mixtures containing nicotine
Currently, minimum retail prices are determined only for tobacco products. They are equal to 75% of the maximum price set by the manufacturer. It can be found using the service “Information about the MMRP for tobacco products” on the Federal Tax Service portal.
From January 28, 2021, this standard will be extended to nicotine-containing products. Thus, hookah bars offering mixtures containing nicotine will have to monitor the changes.
