Amendment to Article 21 of the Law for Tobacco Control
Congreso Nacional
- Decree: 12-2011
- Published: April 8, 2011
- Issuing body: Congreso Nacional
- Gazette: 32,488
- Category: Health
Summary
This law requires cigarette manufacturers and importers to print health warnings with images on 50% of both main sides of the package, with visible information about nicotine and tar on the sides. Warnings must occupy at least 25% of the area, be in Spanish, clear and rotate annually, printed directly on the package to protect consumers' public health.
Considerations
Whereas the approval of health warnings in relation to the commerce, distribution, and consumption of tobacco must be harmonized with the obligations assumed by Honduras in International Treaties such as the GATT and in particular, the Uruguay Round on the aspects of Intellectual Property Rights related to Trade (TRIPS).
Whereas in some circumstances freedom of expression and intellectual property rights may be restricted but only in cases where there exists an urgent social need to do so, such as the protection of public health, and any restriction must be necessary and proportionate.
Whereas it corresponds to the National Congress, in accordance with what is provided by the Constitution of the Republic in Article 205 numeral 1), the authority to create, enact, reform, interpret, and repeal laws.
Amendments
- Modifies: Special Law for Tobacco Control (Amendment) — articles 21
Articles
To reform Article 21 of Decree No. 92-2010 dated June 10, 2010, containing the SPECIAL LAW FOR THE CONTROL OF TOBACCO, through the modification and addition of contents in its articles, which shall be read in the following manner:
SPACES FOR PRINTING WARNINGS. The companies and agents that manufacture, import, or distribute cigarettes and other tobacco-derived products for commercialization in Honduras are obligated to print on fifty percent (50%) of both principal sides of the package, combined messages with images or pictograms, which shall be rotative and modified annually. The contents of nicotine, tar, and carbon monoxide must be printed visibly on one of the lateral sides in helvetica condensed and bold lettering. Health warnings shall be written in the Spanish language and printed in clear, visible, and legible form; they must be rotative and modified annually and occupy at least twenty-five percent (25%) of the area dedicated to the message. Both health messages and health warnings shall be printed on the package and not on the disposable outer wrapper, such as cellophane, or using adhesive labels or similar materials that may be removed.
EFFECTIVE DATE. This Decree shall enter into force three (3) months after the day of its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the first day of March of the year two thousand eleven. LENA KARYN GUTIÉRREZ ARÉVALO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Execute. Tegucigalpa, M.D.C., March 25, 2011. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE HEALTH OFFICE. ARTURO BENDAÑA PINÉL
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