Mandatory display for tobacco retail

Operating a commercial space in Romania is subject to a complex and ever-growing set of legislative requirements that must be observed and respected by all economic operators conducting retail activities in stores. These requirements aim to guarantee the protection of consumers’ rights and legitimate interests.

The legislative framework imposes an obligation on economic operators to provide, among other things, mandatory physical displays within the commercial space to ensure accurate, complete, and precise consumer information. These include a set of informative plaques, such as:

1. The operating hours of the economic operator;
2. The registration certificate (CUI) of the economic operator, issued by the National Trade Register Office (ONRC);
3. The certificate of attestation issued by ONRC for the operating location of the economic operator;
4. The plaque of the National Authority for Consumer Protection (ANPC);
5. A fiscal receipt informational plaque near the cash registers: “This unit is equipped with a fiscal cash register, in accordance with Law 116/2004 and Emergency Ordinance 28/1999. Please request and keep your fiscal receipt until you leave the premises”;
6. An informational plaque on commercial markup: “Commercial markup 0 – X%”;
7. The Ministry of Public Finance form regarding the use of cash registers approved by OMF 159/2015, containing the following text: “If you do not receive a fiscal receipt, you are required to request one. In the case of refusal, you are entitled to the goods or services free of charge. Request and keep fiscal receipts to participate in monthly and occasional lottery draws for fiscal receipts. It is forbidden to provide any other document to the client that proves payment for goods or services other than the fiscal receipt. To report non-compliance, you can call the Ministry of Public Finance’s toll-free TelVerde service at 0800.800.085, available 24/7”;
8. An informational plaque on personal data processing (mandatory if the operator uses a video monitoring system in the commercial space—displaying a specific video monitoring pictogram is required);
9. A plaque indicating the lack of a fire safety permit (under Law 28/2018, commercial spaces operating without a fire safety permit must display an informational plaque with the following text: “This space operates without a fire safety permit”);
10. A veterinary-sanitary control plaque (at the entrance and exit of the commercial space, as well as near the cash registers, in accordance with Order 5/2010 of the National Veterinary Sanitary Authority);
11. A plaque containing the emergency evacuation plan (under Law 307/2006);
12. A plaque for the prevention and mitigation of the effects of tobacco product consumption (under Law 15/2016, which mandates the display of a “No Smoking” sign with the corresponding international symbol);
13. An SAL informational plaque (to inform consumers about the alternative dispute resolution mechanism);
14. A plaque informing about the priority for pregnant women and individuals with small children in the commercial space, including access to dedicated parking spaces, etc.

Furthermore, regarding the mandatory displays for economic operators, the National Authority for Consumer Protection has issued a normative order requiring economic operators to display a new informational plaque in the consumers’ visual field, with a clear, specific, and easily understandable message. This plaque must inform buyers that the sale of tobacco products or associated substances to individuals under the age of 18 is strictly prohibited and that sellers in the commercial space have the right to verify the buyer’s identity to ensure compliance with this legal prohibition.

Law no. 349/2002 on the prevention and control of the effects of tobacco product consumption explicitly prohibits the sale of tobacco products to individuals under the age of 18 to protect young people’s health from the negative effects of tobacco consumption.

This order, which will come into force 30 days after its publication in the Official Gazette of Romania, Part I, mandates economic operators “engaged in the retail sale of all categories of tobacco-containing products, electronic cigarettes, refill containers for electronic cigarettes, electronic devices for heating tobacco, inhalation products without burning tobacco substitutes, nicotine pouches for oral use, and inhalation products without burning tobacco substitutes” to actively and responsibly contribute to preventing youth access to such potentially harmful products by ensuring effective consumer information.

The annex to the order contains the format of the informational plaque: an A5 page in Times New Roman font, size 16 for the prohibition, and size 18 in bold characters for the information regarding the seller’s right to request an original identity document.

The informational plaque will read as follows:
“The sale of tobacco-containing products, electronic cigarettes, refill containers for electronic cigarettes, electronic devices for heating tobacco, inhalation products without burning tobacco substitutes, nicotine pouches for oral use, and inhalation products without burning tobacco substitutes to individuals under 18 years of age is strictly prohibited! To verify the buyer’s age, sellers may request the presentation of an original identity document. *Thank you for your understanding!”

For further information or any additional inquiries, please do not hesitate to contact us:

➡ Phone: (+4) 031 426 0745
📧 Email: office@grecupartners.ro

We are here to assist and provide legal support for all your needs. We look forward to discussing with you.

Bianca Arhire – Attorney at Law