|
Law 10.167, of 27 December 2000
(Federal Official Gazette - DOU of 28/12/2000)
The present Law alters the provisions contained in Law 9.294,
of July 15, 1996, which provides for restrictions to the use of
- and publicity referring to - smoking products, alcoholic beverages,
medicines, therapeutic treatments and pesticides
THE PRESIDENT OF THE REPUBLIC
I hereby do make known that the National Congress ordains, and
I hereby sanction, the following Law:
Article 1 - Law 9.294, of July 15, 1996, enters into force with
the following alterations:
"Article 2......................................................................
...................................................................................................
Paragraph 2 - The use of those products mentioned in the header
clause is forbidden in aircraft and other means of public transportation"
(New Language)
"Article 3 - Sales advertising material referring to the
products detailed in the previous Article shall be restricted
to posters, panels and placards, within the internal part of the
sales outlets for such products (New Language)
Paragraph 1 - .............................................................
...................................................................................................
IV. not to associate the use of the product to the practice of
sporting activities, whether Olympic or not, nor to suggest or
to induce their consumption in dangerous, abusive or illegal situations;
(New Language)
..................................................................................................
VI. not to include participation by children or adolescents. (New
Language)
...................................................................................................
Paragraph 3 - The packaging, unless the product is intended for
export, and the advertising material referred to in this Article,
shall contain the warning mentioned in the previous paragraph.
(New Language)
...................................................................................................
Paragraph 5 - The warning referred to in paragraph 2 of this Article,
shall be displayed in a legible and clearly visible manner, and
shall be employed sequentially, simultaneously or rotationally.
If the latter applies, this should be changed at least every five
months. (New Language)"
"Article 3 - Regarding the products to in Article 2 of this
Law, the following are prohibited:
I sale of the product by post
II distribution of any sample or gift;
III
advertising through the electronic medium, including the Internet
IV the carrying out of any promotional visit or free distribution
in any place of learning or in any public building;
V sponsorship of any cultural or sporting activity;
VI advertising material, whether fixed or temporary, in stadiums,
tracks, on podiums or in similar places;
VII any contracted indirect advertising, also known as merchandising,
in programmes produced in this country following the entering
into force of this Law, at any time night or day.
VIII selling in educational and health establishments.
Sole paragraph - The provision in numerals V and VI of this Article
shall enter into force on January 1, 2003, in the case of international
cultural and sporting events, providing the sponsor is identified
only with the trademark of the product or of the manufacturer,
with no recommendations for consumption".
"Article 3 - B - The sale of smoking products will only be
permitted to those which display on their packages the identification
issued by the Brazilian Sanitary Surveillance Agency, in accordance
with the regulations."
"Article 9 - The following penalties shall be applied to
those offenders against this Law, without prejudice to other penalties
as laid down in current legislation, especially as regards the
Consumer Protection Code and the Telecommunications Legislation.(New
Language)
...................................................................................................
V A fine of R$5.000,00 (five thousand real) to R$100.000,00 (one
hundred thousand real), shall be levied according to the financial
means available to the offender (New Language).
VI television and radio programmes shall be suspended for a period
of ten minutes for every minute or fraction of a minute that the
advertising is transmitted in violation of the provisions laid
down in this Law , and the suspension shall be effective at the
same hour and for the same length of time imposed as that to which
the original ban referred.
...................................................................................................
Paragraph 3 - An offender, for the purposes of this Law, is considered
to be all and any individual person or company that, directly
or indirectly , is responsible for the dissemination of the relevant
advertisement or for the vehicle of communication concerned with
the offence. (New Language)
Paragraph 4 - The municipal sanitary authority is responsible
for applying the sanctions provided for by this Article, according
to the provisions set forth in Article12 of Law 6.437, of August
20, 1977, except in cases of exclusive or competing competence
of the following:
I of the sanitary surveillance body of the Ministry of Health,
including that concerned with sanctions applicable to advertising
agencies responsible for advertising on a countrywide level;
II of the regulatory body responsible for civil aviation of the
Ministry of Defense, in relation to infractions verified inside
aircraft;
III of the Ministry of the Communications body responsible for
controlling radio and television stations;
IV of the transport regulatory body of the Ministry of Transport,
with regard to violations occurring within road, rail and water
passenger transport vehicles .
Paragraph 5 - (VETOED)
Article2 - (VETOED)
Article3 - (VETOED)
Article 4 - This Law enters into force on the date of its publication
.
Brasilia, 27 December 2000, being the 179th Year of Independence
and the 112nd Year of the Republic.
FERNANDO HENRIQUE CARDOSO
José Gregori
Pedro Malan
Marcus Vinícius Pratini de Moraes
José Serra
Benjamin Benzaquen Sicsú
Martus Tavares
Pimenta de Veiga
|
