Tobacco products including those composed of parts of leaves from Nicotiana (tobacco) plants, intended mainly for smoking, inhalation, snuffing or chewing (relevant tariff item numbers: 2401.1010-2404.1100).
Electronic cigarettes also fall within the scope of the new law (relevant tariff item numbers: (i) Electronic cigarettes: 8543.4000; (ii) Nicotine-free liquid cartridges: 2404.1910, 2404.1990; (iii) Liquid cartridges containing nicotine: 2404.1210, 2404.1290).
Similar products that are classed as tobacco products or electronic cigarettes under the law if their content or mode of consumption is comparable to those of such products.
a. Heated plant-based products: A device for inhaling the emissions from a solid, tobacco-free, plant-based product heated by an external energy source, as well as refills for the device (tariff item numbers: Containing nicotine: 2404.1210, 2404.1290; Nicotine-free: 2404.1910)
b. Nicotine-containing product for snuffing: A tobacco-free product containing nicotine, for nasal consumption (tariff item number: 2404.9900)
c. Tobacco-free product for a water pipe: A tobacco- and plant-free product to be consumed using a water pipe (tariff item numbers: Containing nicotine: 2404.1210, 2404.1290; Nicotine-free: 2404.1910, 2404.1990)
d. Tobacco- and nicotine-free product for oral consumption: A tobacco- and nicotine-free product in the form of a powder to be consumed between the lips and gums (tariff item numbers: 2404.9110, 2404.9190)
e. Tobacco- and nicotine-free product for snuffing: A tobacco- and nicotine-free product for nasal consumption (tariff item number: 2404.9900)
Projet d'Ordonnance sur les produits du tabac et les cigarettes électroniques, OPTab (Draft Ordinance on tobacco products and electronic cigarettes) (28 pages, in French, German and Italian)
The notified draft Ordinance on tobacco products and electronic cigarettes regulates, in particular:
− the definition and classification of similar products (such as heated plant-based products, nicotine-containing products for snuffing and tobacco-free products for a water pipe), as well as specific requirements for these products;
− the presentation of the warnings defined in the Federal Law on tobacco products;
− the content of combined warnings for tobacco products for smoking and plant-based products for smoking;
− the obligations of companies, particularly their duties in terms of self-monitoring and product declarations;
− the tasks performed by the enforcement authorities, particularly controls and test purchases.