Biznes Fakty
„They should not be on sale at all.” Alarming results of the inspection
Over 90 percent of the tested e-cigarette samples do not comply with the standards outlined in the legislation, stated Justyna Pasieczyńska, spokesperson for the National Revenue Administration. As per the existing law, such products are prohibited from being sold.
Justyna Pasieczyńska clarified that the inspections conducted check, among other things, the composition of e-liquid in electronic cigarettes, cartridges, and spare tanks. So far, KAS has initiated more than 90 customs and tax inspections at entities manufacturing and purchasing e-cigarettes.
E-cigarette regulation
During the inspection, 1,295 samples were collected, with a total of 772 samples undergoing testing.
– For 700 out of the 772 samples (90.6%), the examinations indicated that the allowed capacity of the disposable e-cigarette tank, cartridge, or spare container was surpassed. Exceeding the established limits implies that the products do not conform to EU and national regulations and, being deemed hazardous, should not be sold – emphasized Asp. Pasieczyńska.
Moreover, in 74 instances, a higher than declared quantity of e-liquid, which is subject to excise duty, was detected in the tested e-cigarettes. This indicates they were incorrectly taxed with excise duty, leading to a shortfall in excise revenue for the state budget.
For these cases, procedures will be initiated to determine the appropriate excise duty. Additionally, fiscal penal proceedings will be pursued.
Significant penalties
In the cases identified by KAS, there was also a breach of the provisions of the Act on the Protection of Health from the Consequences of Using Tobacco and Tobacco Products, which e-cigarettes or spare containers are required to adhere to. Violations can result in fines up to PLN 200,000, restriction of liberty, or both.
In instances where e-cigarettes do not comply with legal regulations, the National Tax Administration has reported the potential for criminal activity to the prosecutor’s office or the police.
– The efforts will continue – announced Asp. Justyna Pasieczyńska.
Prohibition of e-cigarettes for minors
The Sejm voted on Wednesday in favor of prohibiting the sale of all types of e-cigarettes to minors.
The sale of nicotine-free e-cigarettes and nicotine pouches remotely – including online – along with their advertisement is also set to be banned. This will now proceed to the Senate.
Furthermore, the Act proposes that the use of electronic cigarettes containing nicotine-free liquid (producing vapor without nicotine) be prohibited in public spaces where the use of electronic cigarettes with nicotine-containing liquid is currently restricted.
These locations include schools and kindergartens, public transport stops, restaurants, and children’s playgrounds.
Read more: New sales ban. The Sejm has decided >>>
