A new law banning the sale, distribution, and import of vapes has come into force in Kazakhstan. The legislation introduces amendments to the country’s health laws and the Criminal Code, making Kazakhstan one of the few nations to impose a complete ban on electronic nicotine delivery systems (ENDS).
Criminal Penalties for Violations
The law introduces a new article, 301-1, titled “Transfer of non-smoking tobacco products, electronic consumption systems (vapes), flavors and liquids for them.” This article establishes criminal penalties for violating the ban:
- Sale and distribution of vapes:
- Fine of up to 200 monthly calculation indices (MCIs) (738,400 tenge in 2024)
- Community service of up to 200 hours
- Arrest for up to 50 days
- Import and production of vapes:
- Fine of up to 2,000 MCIs (7.3 million tenge in 2024)
- Community service of up to 600 hours
- Restriction of freedom or imprisonment for up to 2 years
- Repeated offenses or actions committed by a criminal group for large-scale financial gain:
- Fine of up to 5,000 MCIs (18.4 million tenge in 2024)
- Community service of up to 1,200 hours
- Restriction of freedom or imprisonment for up to 5 years
Advertising Restrictions
The law also prohibits advertising products using trademarks and name elements known to be associated with smokeless tobacco products and vaping products. This ban extends to advertising at various events.
Defining Vapes in Health Legislation
The amendments include a precise definition of vapes in the Code “On Public Health and the Health Care System”:
“Electronic consumption systems, vapes or electronic delivery systems for nicotine and non-nicotine products are devices (including electronic cigarettes) that, using electronic technology, (batteries) heat liquid (in cartridges, reservoirs and other containers) with or without nicotine, other chemicals, flavorings to form an aerosol that is inhaled by the user.”
Conclusion
Kazakhstan’s comprehensive ban on vapes and vape liquids represents a significant step in the country’s efforts to prioritize public health and reduce the economic burden of nicotine addiction. By imposing strict criminal penalties and advertising restrictions, the government aims to curb the use of electronic nicotine delivery systems and prevent the negative health consequences associated with these products.
As the law comes into force, businesses and individuals will need to adapt to the new regulations to avoid legal repercussions. The long-term impact of this ban on public health and the economy will be closely monitored by policymakers and health experts alike.
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