Turkey

COMMENTS: Law No. 4207 on Prevention and Control of Hazards of Tobacco Products (as amended) is the primary tobacco control law in Turkey. It regulates many aspects of tobacco control, including, but not limited to: prohibitions on public smoking; advertising, promotion and sponsorship; packaging and labeling; education campaigns; and penalties for violations.

The former title of this law, prior to amendment by Law 5727 in 2009, was "The Law on Prevention of Hazards of Tobacco Products."

The uploaded versions contain amendments through November 15, 2018 (Law No. 7151). The link to the "Official Website" directs to a consolidated version of the law (in Turkish) incorporating all amendments.

COMMENTS: Law No. 4733 establishes the duties of the Ministry of Agriculture and Forestry and the Ministry of Health related to the regulation of tobacco, tobacco products, and alcohol. The law includes several penal provisions for related offenses.

The former title of the law, prior to amendment by Decree No. 696 in 2017, was "Law on the Organizational and Duties of the Tobacco and Alcohol Market Regulatory Authority." The Tobacco and Alcohol Market Regulatory Authority, commonly known as TAPDK, was the prior agency in charge of the regulation of tobacco, tobacco products, and alcohol.

The uploaded versions contain amendments through May 24, 2013 (Law No. 6487). The link to the "Official Website" directs to a consolidated version of the law (in Turkish) incorporating all amendments.

COMMENTS: Excerpts of Law No. 4822 on Commercial Advertisements and Ads relevant to tobacco control have been translated into English. The English excerpted provisions, Articles 5 and 7, require advertising to be honest, accurate and appropriate.

COMMENTS: The Regulation on Methods and Essentials concerning the Manufacture Type, Labeling and Surveillance for the Protection from the Damages of Tobacco Products, 2005 (No. 25692) (as amended) was abrogated by the 2019 Regulation on the Procedures and Principles Related to the Production Methods, Labeling and Surveillance of Tobacco Products.

Prior to repeal, it regulated many aspects of packaging and labeling and product information including, but not limited to: constituents and emissions yields, and health warning content, size, location, and format.

COMMENTS: Law No. 5326 on Misdemeanors provides fines for individuals who smoke in places or areas where smoking is prohibited. The English translation of the law contains only the relevant language from Article 39, as amended on May 18, 2008.

COMMENTS: The Notification Regarding Procedures and Guidelines in Relation to the Enforcement of Decisions on Administrative Sanctions Imposed on Consumers of Tobacco Products in Public Places, Transportation, Buildings, and Facilities was issued by the Ministries of Internal Affairs, Finance, and Health. The Notification establishes the procedure that must be followed in effecting and reporting a violation of Law No. 4207, including aspects such as the form that must be filed, recording proof of consumption, and the collection of fines.

COMMENTS: This letter (#18330) was sent by the Ministry of Health to the local health authorities in each of Turkey’s 81 provinces summarizing the regulations that must be followed in enforcing the regulations of Law No. 4207.

COMMENTS: This letter (#17095) was sent by the Ministry of Health to the local health authorities in each of Turkey’s 81 provinces, drawing their attention to the recently issued Notification on procedures and guidelines to be followed in sanctioning violations of public smoking restrictions as established in Law No. 4207.

COMMENTS: Tobacco and Alcohol Market Regulatory AUthority (TAPDK) Decision No. 4201 was issued pursuant to Law No. 4207 as amended by Law No. 5727. It regulates the size, shape, content, and format of no-smoking signs in smoke free places, the health warnings signs that must appear in areas designated for smoking, and the signs prohibiting sales to minors at point of sale.

COMMENTS: Tobacco and Alcohol Market Regulatory Authority (TAPDK) Decision No. 4721 regulates the size, location, rotation, and format of health warnings on tobacco products.

COMMENTS: Circular 2009/13 from the Prime Minister’s Office on the Implementation of Law No. 4207 regulates how smoke-free provisions are implemented in bars, restaurants and placed in the other hospitality industry. The Circular also provides specifications for designated smoking areas, where such smoking areas are allowed by law. This Circular repeals the previous Circular 2008/6.

COMMENTS: The Regulation on Procedures and Principles Regarding the Production and Trade of Tobacco Products covers the conditions and procedures for the establishment and operation of tobacco manufacturing facilities. It has been amended many times, most recently in April 2021.

The English translation uploaded here does not contain the most recent amendments. The link to the "Official Website" directs to a consolidated version of the law (in Turkish) incorporating all amendments.

COMMENTS: This Ministry of Health Letter rescinds earlier Letter No. 27556, which had defined areas with ceilings or sides that could be opened or closed automatically or manually as “outdoor.” This Letter now clarifies that such areas shall be considered “enclosed” whether the ceiling or sides are open or closed.

COMMENTS: This Ministry of Health Guidance instructs municipal authorities on their enforcement and inspection obligations under national smoke free laws. The Guidance reminds authorities of the penal consequences for officials who fail to enforce the law.

COMMENTS: This Ministry of Health Guidance instructs provincial authorities on their enforcement and inspection obligations under national smoke free provisions. The Guidance reminds authorities of the penal consequences for officials who fail to enforce the law.

COMMENTS: The Regulation on the Procedures and Principles of Sales and Presentations of Tobacco Products and Alcoholic Beverages includes provisions regulating advertising and promotional practices and sales, such as internet sales, location-based sale restrictions, etc. The Regulation has been amended several times, some of which are uploaded separately below.

The link to the "Official Website" directs to a consolidated version of the law (in Turkish) incorporating all amendments.

COMMENTS: Tobacco and Alcohol Market Regulatory Authority (TAPDK) Decision No. 6896 regulates certain ingredients in tobacco products.

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.

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: Circular 2015/1 announces the National Tobacco Control Program Plan of Action 2015-2018, as well as the formation of a National Tobacco Control Coordination Committee.

COMMENTS: This National Plan of Action is a policy document elaborating the government's tobacco control plan between 2015 and 2018. This is a non-binding declaration of policy.

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: The Penal Code of Turkey establishes criminal penalties for various offenses. Relevant to tobacco control, it includes a penalty for the sale of tobacco products to minors.

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: Relevant to tobacco control, Decree No. 696 dissolves the Tobacco and Alcohol Market Regulatory Authority (TAPDK) and transfers enforcement authority to the Ministry of Agriculture and Forestry and the Ministry of Health.

COMMENTS: The Regulation on the Procedures and Principles Related to the Production Methods, Labeling and Surveillance of Tobacco Products was issued by the Ministry of Agriculture and Forestry to implement emissions and reporting requirements, plain packaging, and updated health warnings requirements, among other measures.

Pursuant to amendments to the regulation (uploaded separately below), plain packaging is required at the manufacturer level as of December 5, 2019 and the retailer level as of January 5, 2020. Further, health warnings will be required to cover 85% of the front and 100% of the back of the package beginning December 30, 2021.

COMMENTS: The Regulation Amending the Regulation on the Procedures and Principles Related to the Production Methods, Labeling and Surveillance of Tobacco Products includes amendments adjusting the implementation date of the plain packaging provisions at the manufacturer level from July 5, 2019 to December 5, 2019, in addition to amending other provisions.

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: Decision No. 2149 Concerning Electronic Cigarettes and Similar Devices and Certain Tobacco Products and Products that are used to Imitate Tobacco Products bans the import of e-cigarettes and heated tobacco products, and electronic devices, apparatus, spare parts and solutions to be used with e-cigarettes and heated tobacco products.

COMMENTS: Circular 2020/7 Regulating Entry and Transit of Electronic Cigarettes and Similar Goods Carried by Passengers, provides certain exceptions to Decision No. 2149’s import ban on electronic cigarettes and heated tobacco products. Circular 2020/7 allows the import of one device (already in use) per person, no more than 200 tobacco inserts for personal use, cartridges or solutions not to exceed 30 ml, or no more than 10 disposable e-cigarettes.

COMMENTS: The Regulation Amending the Regulation on the Procedures and Principles Related to the Production Methods, Labeling and Surveillance of Tobacco Products amends the health warning provisions to require a combined warning covering 85% of the front and 100% of the back of the package of smoked tobacco products. There is a six-month transition period from the date of publication (June 30, 2021), meaning that all smoked tobacco products must comply as of December 30, 2021.