France

COMMENTS: The Code of Public Health is the collection of law which determines the scope of the right of public health in France. It includes a part on law related to particular diseases and addiction, including addiction to tobacco. The Code of Public Health was first created in 1953 and is continuously amended by various legal instruments.

The link to the Code of Public Health on Legifrance.gouv.fr provides the most up-to-date version of the Code of Public Health. In this format, the Code of Public Health is available only in French.

COMMENTS: Article 283 Annex 2 of the General Tax Code establishes that tobacco retailers are not allowed to receive any incentive or other direct or indirect advantage other than tobacco retailer income, which is expressed as a part of the sale price.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Order of May 27, 2004 Concerning Procedures for the Printing of Health Warnings on Packaging Units of Cigarette Rolling Paper was superseded by Order of May 19, 2016, Concerning Procedures for the Printing of Health Warnings on Packaging Units of Tobacco Products, Vaping Products, Smoking Products Derived from Plants Other Than Tobacco and Cigarette Rolling Papers.

COMMENTS: The Circular of November 29, 2006 explains the scope of the prohibition on smoking in places of common use, defining what constitutes enclosed public places and workplaces and public transport under the law. In addition, the Circular provides technical standards for designated smoking rooms, where permitted, and further details about sanctions and enforcement of the smoking ban.

COMMENTS: The Circular of December 12, 2006 establishes the parameters of the smoking ban in social and medical-social facilities. Enclosed public areas are required to be 100% smoke free, but smoking is permitted in some patient rooms due to their private nature, subject to some restrictions.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Article 570 of the General Tax Code establishes the obligations of tobacco suppliers.

COMMENTS: Decree No. 2010-720 of June 28, 2010 establishes the eligibility and process by which retailers can obtain a contract permitting the retail sale of tobacco products. The Original Language file contains amendments through February 20, 2020.

COMMENTS: The Order of December 1, 2010 establishes the requirements of and provides models for the signs required to be posted under Article R3511-6.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Commission Delegated Directive 2014/109/EU of October 10, 2014 contains images to be used with the corresponding authorized text to constitute the pictorial health warnings contained in Administrative Order of May 19, 2016.

COMMENTS: The Administrative Order of March 21, 2016 from the Minister of Health provides the specific standardized packaging requirements for implementing Decree No. 2016-334 of March 21, 2016. It specifies packaging color; placement, format, content and color of permissible text; and other elements of tobacco product packaging.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Decree No. 2016-334 of March 21, 2016 implements Article L3511-6-1, which was amended to transpose the European Union tobacco products directive into French law. It contains the standardized packaging requirements, which are then further detailed in the consolidated Administrative Order of March 21, 2016. Note: these provisions have since been renumbered in the Code of Public Health by Decree No. 2016­-1117 of August 11, 2016.

COMMENTS: Order No. 2016-623 of May 19, 2016 transposes the EU Tobacco Products Directive 2014 (Directive 2014/40/EU) into national law by amending the Code of Public Health (Articles L3511 to L3515). Among other things, it requires plain packaging, amends provisions on tobacco advertising, promotion and sponsorship, amends provisions related to smoking in public places, and adopts regulations on electronic cigarettes (vaping) and non-tobacco smoking products.

COMMENTS: Decree No. 2016­-1117 of August 11, 2016, on the Manufacture, Display, Sale and Use of Tobacco Products, Vaping Products and Products for Smoking Made from Plants Other Than Tobacco implements the EU Tobacco Products Directive 2014 (Directive 2014/40/EU). It amends and renumbers several sections of the Code of Public Health (Articles R3511 to R3515). These sections of the Code address, among other things, the ban on smoking in public places and designated smoking areas, standardized packaging and labeling, and penalties for smoking offenses.

COMMENTS: Administrative Order of August 22, 2016, Concerning Tobacco Products, Vaping Products, Products for Smoking Made from Plants Other Than Tobacco, and Cigarette Rolling Papers (as amended) contains further details about required disclosures, emissions limits, and signage related to the minimum legal sales age.

COMMENTS: Administrative Order of September 6, 2016 on Signage for Tobacco Shops specifies the characteristics of signs permitted to be displayed at tobacco shops. This order repeals the Order of December 31, 1992 (as amended), which had permitted posters to be displayed in the interior of tobacco points of sale.

COMMENTS: Administrative Order of May 19, 2016 concerning procedures for the printing of health warnings on packaging units of tobacco products, vaping products, smoking products derived from plants other than tobacco and cigarette rolling papers implements EU Tobacco Products Directive 2014 (Directive 2014/40/EU) and regulates the size, content, and format of health warnings on tobacco products, vaping products, non-tobacco smoking products, and cigarette rolling papers. Tobacco product packaging (with the exception of cigars) must comply with this order beginning January 1, 2017; packaging of cigars must comply beginning May 20, 2017.

COMMENTS: Article 568 of the General Tax Code bans the distance marketing and purchase of tobacco. The purchase of tobacco on the internet, mail, or telephone is prohibited.