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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

7 November 2019 [shall come into force on 5 December 2019].

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

The Saeima1 has adopted and
the President has proclaimed the following law:

:

Law on the Handling of Energy Drinks

Section 1. Energy Drinks

Energy drinks are non-alcoholic beverages which are provided for use without transformation in which the total quantity of caffeine exceeds 150 mg/l and which contain at least one or several stimulating or restorative substances (for example, taurine, inositol, guarana alkaloids, extracts of Ginkgo Biloba). In addition energy drinks may contain other food ingredients in accordance with the requirements laid down in the laws and regulations regarding handling of food.

Section 2. Purpose of the Law

The purpose of this Law is to protect human health from adverse effects of energy drinks on the body.

Section 3. Handling of Energy Drinks

(1) It is prohibited to sell energy drinks to persons under 18 years of age and such persons may not purchase them. In order to verify the age of the person, the retailer has a duty to demand the person present a personal identification document. Upon request of the retailer or a representative of the supervision and control authority any purchaser has a duty to confirm his or her identity and age by presenting a personal identification document.

(2) Retail trade of energy drinks is prohibited in the premises and territory of educational institutions.

(3) It is prohibited to offer energy drinks to persons under 18 years of age, free of charge at tastings, as a gift or as a compensation for the purchase of other goods or receipt of a service.

(4) Energy drinks at retail sites shall be placed for selling apart from other food products so that they can be easily identified. The following indication shall be placed at the trading site: "High level of caffeine. Not recommended for children and pregnant women or women who are breastfeeding."

(5) It is prohibited to involve persons under 18 years of age in the handling of energy drinks.

Section 4. Restrictions on Advertising of Energy Drinks and Information to be Included in an Advertisement

(1) Such information shall be included in an advertisement of energy drinks which warns the society regarding adverse effects of excessive use of energy drinks. At least 10 per cent of the amount of the particular advertisement shall be allocated for such information.

(2) The information referred to in Paragraph one of this Section shall be provided at the bottom of the advertisement with black letters on a white background, moreover, the letters shall be of such size that the title would cover the greatest technically possible part of the area intended for the text.

(3) It is prohibited to address the advertisement of energy drinks or audial and audiovisual commercial notifications related to energy drinks to persons under 18 years of age, as well as it is prohibited to use the abovementioned persons in the advertisement of energy drinks or audial and audiovisual commercial notifications related to energy drinks.

(4) Audial and audiovisual commercial notifications related to energy drinks are prohibited in broadcasts of electronic mass media which are provided for persons under 18 years of age, before or after such broadcasts, as well as advertising of such drinks in press publications the target audience of which is persons under 18 years of age, is prohibited.

(5) It is prohibited to create an impression in an advertisement of energy drinks that energy drinks are used:

1) when participating in sports competitions, performing individual or organised activities for preservation or improvement of health, or for easing thirst upon participation therein;

2) together with alcoholic beverages.

(6) It is prohibited to advertise energy drinks in educational institutions and on buildings and structures of such institutions.

Section 5. Administrative Liability for the Sale of Energy Drinks to Persons Under 18 Years of Age

For the sale of energy drinks to persons under 18 years of age, a fine from twenty-eight to thirty-five units of fine shall be imposed on an employee of a legal person - the salesperson -, but on the legal person - a fine from seventy to one hundred and forty units of fine.

[7 November 2019 / Section shall come into force on 1 July 2020. See Transitional Provisions]

Section 6. Competence in Administrative Offence Proceedings

Administrative offence proceedings for the offence referred to in Section 5 of this Law shall be conducted by the municipal police or the State Police.

[7 November 2019 / Section shall come into force on 1 July 2020. See Transitional Provisions]

Transitional Provision

[7 November 2019]

Sections 5 and 6 of this Law shall come into force concurrently with the Law on Administrative Liability.

[7 November 2019]

The Law shall come into force on 1 June 2016.

The Law has been adopted by the Saeima on 21 January 2016.

Acting for the President,
Chairperson of the Saeima I. Mūrniece

Rīga, 5 February 2016


1 The Parliament of the Republic of Latvia

Translation © 2022 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Enerģijas dzērienu aprites likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 21.01.2016.Entry into force: 01.06.2016.Theme: Commercial rights; Administratīvās atbildības ceļvedisPublication: Latvijas Vēstnesis, 25, 05.02.2016. OP number: 2016/25.1
Language:
LVEN
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