The proposed draft Act concerns the following products:

Tobacco products, tobacco substitutes, herbal products for smoking, electronic cigarettes and refill containerswith and without nicotine, and alcoholic beverages.

Draft Act amending the Act on tobacco products etc. and various other acts (Implementation of parts of theprevention plan targeted at children and young people – tobacco, nicotine and alcohol)

The draft Act consists of three main elements:

1. Prohibition of import, purchase, possession etc.
The draft Act prohibits the import, purchase, supply, receipt, manufacture, processing and possession ofelectronic cigarettes and refill containers with nicotine that have a characterising flavour other than one ofmenthol or tobacco, or which exceed the limit of 20 mg/ml nicotine in a nicotine-containing liquid.
In that regard, it should be noted that the nicotine content limit in a nicotine-containing liquid follows fromArticle 20(3(b)) of the Tobacco Products Directive. It should also be noted that the placing on the market ofelectronic cigarettes and refill containers with nicotine with a characterising flavour other than menthol ortobacco is already prohibited in Denmark (see notification 2020/0228/DK).
The prohibition does not apply to luggage of up to 10 units nor possession of up to 10 units for personal use.Additionally, the prohibition does not apply to the import, purchase, supply, receipt, manufacture, processing orpossession for the purpose of marketing in other countries or to consumers in countries other than Denmark.Likewise, the prohibition does not apply to import, purchase, supply, receipt, manufacture, processing orpossession for scientific or control purposes.
2. Seizure
The draft Act provides a legal basis, going forward, for the Danish Safety Technology Authority (which is thecompetent control authority in this area) to carry out seizures of tobacco and nicotine products, as well asequipment and flavourings intended to be used in conjunction with such, if there is reason to believe that theyviolate penal provisions of the relevant acts, penal provisions laid down by virtue of such acts or penalprovisions in regulations concerning the scope of the acts.
Currently, in order to get a seizure carried out, the Danish Safety Technology Authority must contact the police,and the police then carry out the seizure.
3. Strengthened age verification
The draft Act authorises the Danish Safety Technology Authority (which is the competent control authority inthis area) to use young mystery shoppers for a period of two years in order to check whether retailers arecomplying with the age limits on the sale of tobacco, nicotine and alcohol.
The draft Act also requires the implementation of more effective electronic age verification for online sale ofalcoholic products, just as the requirements for more effective electronic age verification for online sale oftobacco and nicotine products are put into force. Notification 2020/0228/DK stipulated a requirement for allretailers of tobacco and nicotine products to have a system that effectively verifies the age of the purchaser.The requirement for a more effective electronic age verification for online sales will not apply to onlineplatforms as defined in Article 3(i) of the Directive Services Act.
Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation ofthe laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC