The draft legislative proposal concerns the following products:

Solariums, tobacco products, tobacco substitutes, herbal products for smoking, electronic cigarettes and refill containers with and without nicotine, and alcoholic beverages.

Proposal for an Act amending the Act on Solariums, the Act on the Prohibition of the Sale of Tobacco and Alcohol to Persons under the Age of 18 and various other acts (18-year age limit for solarium use, strengthened age controls and measures against nicotine)

The legislative proposal contains the following main elements:

1) Introduction of an 18-year age limit for solarium use and age verification requirements
The draft Act introduces an 18-year age limit for solarium use in Denmark, so that publicly accessible solariums must not be made available to persons under the age of 18. In addition, it stipulates that the owner or lessee must operate an age verification system and that methodological freedom is ensured in the choice of solutions for this.
A fine of DKK 15 000 is set for the new age limit and age verification requirements for first-time offenders.
2) Requirements for solariums and solarium centres
The legislative proposal will phase out UV type 1 and UV type 2 solariums. In addition, a number of requirements for the design of solarium centres and solarium radiation are specified.
Furthermore, a provision for injunctions is introduced in the Act on Solariums for formal violations, and a fine of DKK 5 000 is set for non-compliance with the injunction.
3) Strengthened age controls when selling tobacco, nicotine and alcohol in brick-and-mortar shops
The draft Act introduces the possibility of using electronic age verification when selling tobacco and nicotine products and alcohol in brick-and-mortar shops. The use of an electronic age verification system is not a requirement but rather a voluntary option that retailers may choose to make use of. The Minister of the Interior and Health of Denmark is authorised to lay down detailed requirements for the systems and solutions that may be used.
In addition, the pilot scheme using young test purchasers is extended by two years until 30 June 2028.
(4) Amendment of the fine for the sale of tobacco, nicotine and alcohol to minors
The draft Act reduces the level of fines for the sale of tobacco, nicotine or alcohol to persons below the prescribed age limits from DKK 50 000 to DKK 25 000 for first time infringements.
5) Strengthened regulation of tobacco substitutes
The draft Act provides a legal basis for requiring tobacco substitutes, such as nicotine pouches, to carry additional health warnings and for authorising the Minister of the Interior and Health of Denmark to lay down rules on, inter alia, the number and types of health warnings on tobacco substitutes.
In addition, a new notification obligation is introduced for tobacco substitutes, according to which a tobacco substitute may only be placed on the market in Denmark if it has been notified to the Danish Safety Technology Authority (the Danish Business Authority), and marketing may only begin 6 months after notification.
6) Adjusted requirements for signage with age limits and adaptation of display bans for tobacco and nicotine online
The draft Act relaxes the rules on signage with the applicable age limit requirements for the sale of tobacco, nicotine and alcohol. Furthermore, the current online display ban on tobacco and nicotine products will be adjusted to ensure that the legislation for these products complies with the EU Product Safety Regulation.
7) Strengthening of the Danish Safety Technology Authority's (the Danish Business Authority's) supervisory powers
The draft law strengthens the Danish Safety Technology Authority’s (the Danish Business Authority’s) ability to supervise the sale of alcohol in unmanned shops, as well as product controls on tobacco and nicotine products sold at a distance, for example by online retailers.
8) Strengthening of patients' rights by amending the deadline for the hospital's obligation to inform regarding possible treatment offers within the prescribed maximum waiting times for patients suffering from a life-threatening disease. The draft Act changes this deadline from 8 working days to 10 calendar days.