Act relating to prevention of the harmful effects of tobacco

• Regulation on prohibition of tobacco advertising, etc.
• Regulation on the labelling of tobacco products and on the tar and nicotine yield of cigarettes
• Regulation on smoking in restaurants and other establishments where food and beverages are served, internal control, etc.

I-0858 E Oslo, March 1999

Act no. 14 of 9 March 1973 relating to prevention of the harmful effects of tobacco

§ 1

The object of this Act is to limit the damage to health caused by the use of tobacco.

§ 2

All forms of advertising of tobacco products are prohibited. The same applies to pipes, cigarette paper and cigarette rollers.

Tobacco products must not be included in the advertising of other goods or services.

A brand name or trade mark that is mainly familiar as a brand or mark for tobacco products may not be used in the advertising of other goods or services so long as the name or mark in question is used in connection with a tobacco product.

Tobacco products may not be launched with the aid of brand names or trade marks which are familiar as, or used as, brands or marks for other goods or services.

All forms of free distribution of tobacco products are prohibited.

The King may issue regulations concerning exceptions to the provisions in this paragraph.

§ 3

It is prohibited to import into Norway, sell or distribute tobacco products which are not marked with a text pointing out the risk to health inherent in the consumption of these. Similarly, cigarette packages must have declaration of contents. The Ministry will issue further regulations concerning the marking and its application, as well as the declaration of contents.

Persons producing or selling tobacco products may not, by any symbol or text on the packets, supply their own information on health consequences of smoking.

Tobacco products are according to these regulations products that are to be smoked, snuffed, sucked or chewed, if they totally or partly consist of tobacco.

§ 4

The Ministry may issue regulations concerning the content of tobacco products, including maximum level of ingredients, weight, filters, packaging etc.

§ 5

It is prohibited to sell or to hand over tobacco products, or imitations which may prove an encouragement to the use thereof, to persons under 18 years of age. If the purchaser's age is in doubt, sale may only take place provided the purchaser produces evidence that he or she has reached the age of 18.

Tobacco products may only be sold to consumers by persons of 18 years of age or more. However, this does not apply if a person over the age of 18 supervises such selling on a daily basis.

Sale of tobacco products from a vending machine is prohibited.

The Ministry may stipulate regulations concerning the age limit for import of tobacco products and cigarette paper.

§ 6

In premises and means of transport to which the public have access the air shall be smokefree. The same applies in meeting rooms, work premises and institutions where two or more persons are gathered. This does not apply in living rooms in institutions, but the institution is obliged to make smokefree rooms available to those who request it.

If within a certain area, several premises are used for the same purpose, smoking may be permitted in half of these premises. The division of a premise or means of transportation into a smokefree area and a smoking area is permitted only when it is impossible for the smoke to pass into the smokefree area. The smokefree premises and areas must not be smaller or of a lower standard than the premises or areas where smoking is permitted. There shall be a total ban on smoking in restaurants and other establishments which serve food and drink and which open on to premises used for other purposes.

The owner or the person having the premises or the means of transportation at his disposal is under obligation to ensure that the rules imposed in or in pursuance of these provisions are complied with. In places where this may be in doubt it shall be clearly indicated by means of notice that smoking is prohibited.

Any person who in spite of a warning by the owner or the person having the premises or the means of transportation at his disposal, or by his representative, violates the provisions laid down in or in pursuance of this section may be expelled from the premises or the means of transport.

In special cases the Municipal Council may grant dispensation from the rules laid down in or in pursuance of this section and may impose conditions for any such dispensation. If the dispensation concerns work premises, the matter is decided by the local Labour Inspection.

The Municipal Council shall undertake inspection and control to ensure that the rules laid down in and in pursuance of this section are complied with. In the case of work premises, the control and inspection shall be carried out by the local Labour Inspection.

The rules concerning the activities of the Municipal Council and of the Labour inspection in the capacity of control and inspection agency pursuant to respectively §§ 4a-7 - 4a-9 and 4a-12 of Act no. 66 of 19. November 1982 relating to Municipal Health services and §§ 77-82 of Act no. 4 February 1977 relating to Worker Protection and working Environment apply correspondingly to control and inspection activity pursuant to this section.

The Norwegian Petroleum Directorate supervises that the rules contained in or issued by virtue of this section are complied with, within The Norwegian Petroleum Directorate`s area of responsibility in the petroleum activities in accordance with the Working Environment Act. The Maritime authorities supervise that the rules contained in or issued by virtue of this section are complied with on ships together with vessels and other offshore units. Within their supervisory authority the said authorities may employ corresponding instruments as they have according to current regulations regarding health conditions and working environment on ships and offshore units in the petroleum activities.

The Armed Forces High Command supervises that the rules contained in or issued by virtue of this section are complied with on the ships of the Armed Forces.

The District governor (Sysselmannen) of Svalbard supervises that the rules contained in or issued by virtue of this section are complied with on Svalbard. The District governor of Svalbard may hand over supervision for Longyearbyen and Svea to the Svalbard Council (Svalbardrådet).

The supervisory authority may in special cases give dispensation from rules contained in or issued by virtue of this section and set terms for any dispensation. On work places with a working environment committee, statements from the committee shall be enclosed with the application. On work places without a working environment committee, statements from the safety delegate shall be enclosed.

The King may lay down further rules regarding the implementation and complementation of these provisions and may make exception from them.

The King may lay down more specific rules concerning implementation and supplementation of these provisions and may grant exemptions from them. The King may further lay down more specific rules concerning the requirement for smokefree air in restaurants, hotels and other establishments which serve food and drink and/or offer overnight accommodation.

§ 7

The National Council on Tobacco and Health shall, as a general rule, express its views before the Ministry makes any decisions pursuant to this Act. The Council shall investigate the effects of measures which are implemented in accordance with the act.

Manufacturers and importers of, and dealers in, tobacco products, as well as their joint institutions, are obliged to furnish the Ministry with such information as it requires for the National Council on Tobacco and Health to be able to fulfil its functions in accordance with the Act and its own mandate. Information which is supplied to the Ministry in conformity with this section may be passed on by the National Council on Tobacco and Health. Subject to such limitations as arise from his duties under the Act, a person receiving such information shall maintain secrecy concerning operating and business conditions which it would be important for reasons of competition to treat as confidential, out of consideration for the person whom such information concerns.

§ 8

It is prohibited to export snuff to countries which are members of the European Economic Area and which have issued prohibition against trade with snuff.

The prohibition of exports does not apply for snuff brought with travellers for their personal use or as a gift for personal use.

By snuff, according to this provision, shall be understood tobacco products made for oral use, entirely or partly made of tobacco, with exception for tobacco products made for smoking or chewing.

§ 9

Whoever wilfully or negligently contravenes provisions laid down in or pursuant to this Act is punishable by fines. Aiding and abetting are punishable in the same manner. An attempt is punishable as a completed offence.

The Ministry may by any regulation prescribe that the penalty for infringement through negligence shall only be applied after prior warning by the police.

§ 10

The Ministry may issue transitional rules and other regulations to implement an supplement the provisions in this Act.

§ 11

For offshore petroleum activities the Act applies correspondingly with Act of 4. February 1977 no. 4 relating to worker protection and working environment.

The Act also applies to Svalbard (Spitsbergen) and Jan Mayen.

§ 12

This Act shall come into force from such time as the King will decide.

Regulation on prohibition of tobacco advertising, etc.

Laid down by Royal Decree of 15 December 1995 pursuant to section 2, sixth paragraph, section 4 and section 9 of Act no. 14 of 9 March 1973 relating to Prevention of the Harmful Effects of Tobacco

Chapter I Introductory provisions

Section 1 Purpose

The purpose of this regulation is to reduce the harm done to health by the use of tobacco, and also to prevent children and young people from taking up tobacco.

Section 2 Scope

This regulation applies to all forms of advertising of tobacco products, including indirect advertising. It applies to pipes, cigarette paper and cigarette rollers.

This regulation applies to packaging of tobacco products.

Section 3 Geographical application

This regulation also applies to Svalbard and Jan Mayen.

Section 4 Definitions

For the purpose of this regulation:

1. Tobacco products means products intended for smoking, sniffing, sucking or chewing provided they are made wholly or partly of tobacco.
2. Advertising means mass communication for the purpose of marketing, including depictions of trade marks (logo, symbol, name or the like), posters, signs and similar devices, displays, cut-price advertising, as well as distribution of printed matter, product samples, etc., to consumers.
3. Indirect advertising of tobacco products means

   a. The use of a name or brand which is chiefly known as a name or brand for tobacco products when advertising other goods and services.

   b. The marketing of tobacco products with the aid of a brand name or trade mark which is known as, or in use as, a name or brand for other goods and services.

   c. The use of particular colours and layout and/or presentation that are associated with particular tobacco products.

   d. The use of tobacco products and smoking situations when advertising other goods and services.

Chapter II Provisions on tobacco advertising and packaging of tobacco products

Section 5 Prohibition against tobacco advertising

All forms of advertising of tobacco products, including indirect tobacco advertising, are prohibited. Such prohibition also applies in respect of pipes, cigarette paper and cigarette rollers.

Section 6 Prohibition concerning untraditional shape or appearanc of tobacco product packaging

It is prohibited to sell tobacco product packaging that, due to untraditional shape or appearance, might rise the sales.

It is prohibited to design tobacco product packaging in order to rise sales among youth. This includes, inter alia, untraditionally designed tobacco product packaging, as logo, colouring, shape or frequently change of design that can initiate collection.

Section 7 Obligation to remove illegal advertising

The owner or person in charge of the activity in question is obliged to remove illegal advertising.

Chapter III Excepting provisions

Section 8 Exceptions to the prohibition against tobacco advertising

To the extent that a circumstance falls within the prohibition against advertising set out in section 2, first, second and fifth paragraphs of Act relating to Prevention of the Harmful Effects of Tobacco, and the provisions of this Act, the following exceptions apply:

1. Advertising or other information in printed material regarding the establishment of a new shop, stating the shop's name, location and opening hours as well as range of articles, is limited to the following designations: Cigarettes, cigars, smoking tobacco, chewing tobacco, tobacco, snuff, tobacco leaf, cigarette paper, cigarette rollers, pipes. Information may only be given in such writing and colours as are used elsewhere in the particular advertisement or printed material and without illustrations. The same applies in the event of a change of ownership of the shop.
2. Signs of customary size and equipment of neutral typographical design whose sole function is to inform, such as "TOBACCO", in connection with shops. The exception does not include electric signs or movable signs.
3. Pure product information, direct to resellers, of neutral typographic design with black characters on a white background without use of illustrations.
4. Advertising of vacancies in tobacco manufacturing, speciality shops for tobacco products or the like which only contains information needed to acquaint oneself with the nature of the position.
5. Disposition of tobacco products inside the shop premises to the extent such disposition is appropriate to rational trading. The exception does not apply to equipment for placing products which due to their size or design will have an advertising effect.
6. Testing of new tobacco products in neutral packaging with no indication of tobacco brand or manufacturer, when the number of test persons does not exceed 50, and the test is not repeated with the same test persons.
7. Advertising in foreign printed material that is imported into Norway, when the main purpose of the advertising, journal or import is not to advertise tobacco products in Norway.
8. Indirect advertising of insignificant scope in foreign programmes broadcast on Norwegian television and across Norwegian cable networks, as well as in films produced abroad.
9. Retrieval of advertising of tobacco products from international databases and networks, when such advertising is not copied onto a database, diskette, paper or hard-drive for further distribution in or via Norway.

Section 9 Special provisions on advertising of other goods and services

The display of goods and services other than tobacco products which utilise a symbol chiefly known as a symbol for tobacco products is permitted in shops and stores. Use of posters or signs in connection with a shop or store is only permitted for the purpose of information. The provisions of section 8 of this regulation apply correspondingly.

Pipes, cigar/cigarette holders, cigarette paper, cigarette rollers, ashtrays and other smoking equipment, as well as imitations of tobacco products and smoking equipment, may only be displayed in shops or stores when the conditions of section 8, subsection 5, of this regulation are present.

Chapter IV Administrative provisions

Section 10 Supervision

The Ministry of Health and Social Affairs has paramount responsibility for enforcing these regulations. The National Council on Tobacco and Health supervises compliance with the provisions of this regulation.

Section 11 Dispensation

The National Council on Tobacco and Health may in special cases grant dispensation from this regulation.

Section 12 Penalties

Whoever wilfully or negligently contravenes provisions laid down in or pursuant to this regulation is punishable by fines. Aiding and abetting are punishable in the same manner. An attempt is punishable as a completed offence.

Section 13 Transitional rules

Use of a name or brand which is chiefly known as a name or brand for tobacco products, in advertising of other goods and services, and use of particular colours and layout and/or design that are associated with particular tobacco products, cf. section 4, subsection 3, litera a and c, cf. section 5, of this regulation, is permitted until 1 January 1997.

Already manufactured packaging of tobacco products the marketing of which is prohibited under section 6 of this regulation may be marketed until 1 January 1997.

Section 14 Commencement, etc.

This regulation comes into force on 1 January 1996. The following regulations shall be simultaneously revoked: Regulation of 25 October 1974 on prohibition against tobacco advertising, regulation of 25 October 1974 on exemptions to prohibition against tobacco advertising as amended on 1 January 1990, and regulation of 29 November 1977 on conditions for exemption of window displays of tobacco products from prohibition against tobacco advertising.

Regulation on the labelling of tobacco products and on the tar and nicotine yeild of cigarettes

Laid down by the Ministry of Health and Social Affairs on 15 December 1995 pursuant to section 3, first paragraph, section 4 and section 9 of Act no. 14 of 9 March 1973 relating to the Prevention of the Harmful Effects of Tobacco, cf. Annex II, part XXV no. 1 of the EEA Agreement (Council Directive 89/622/EEC) as amended and no. 2 (Council Directive 90/239/EEC).

Chapter I Introductory provisions

Section 1 Purpose

The purpose of this regulation is to reduce the harm done to health by the use of tobacco.

Section 2 Scope

This regulation applies to all tobacco products. It also applies to tobacco leaf intended for sale to consumers.

Section 3 Geographical application

This regulation also applies on Svalbard and Jan Mayen.

Section 4 Definitions

For the purpose of this regulation:

1. Tobacco products means products intended for smoking, sniffing, sucking or chewing provided they are made wholly or partly of tobacco.
2. Tobacco leaf means tobacco which must be processed for the purpose of smoking, sniffing, sucking or chewing.
3. Tar means the raw anhydrous nicotine-free condensate of smoke.
4. Nicotine means nicotinic alkaloids.

Chapter II Labelling of tobacco products

Section 5 General provisions on the obligation to label tobacco products

The importation into Norway, sale or handing-out of tobacco products subject to a labelling obligation is prohibited unless the packaging for such tobacco products is labelled in conformity with this regulation. The labelling obligation does not apply to the quota of goods which travellers to Norway may legally import without paying customs and excise duty. Nor does the labelling obligation apply to small quantities of tobacco products that are brought into the country for personal use as baggage or that are gift consignments.

Section 6 Prohibitition concering untraditional shape or appearance of tobacco product packaging

It is prohibited to sell tobacco product packaging that, due to untraditional shape or appearance, might rise the sales.

It is prohibited to design tobacco product packaging in order to rise sales among youth. This includes, inter alia, untraditionally designed tobacco product packaging, as logo, colouring, shape or frequently change of design that can initiate collection.

Section 7 Special provisions on the scope and design of health warnings on cigarette packets

Cigarette packets shall, in addition to the general warning in section 6, carry one of the specific warnings listed in Annex I. The specific warning shall be placed on the other large surface of the packet.

The general warning and the specific warning shall cover at least 4% of each large surface of the packet, excluding the indication of the authority provided for in section 9.

The specific warnings shall be printed alternately on the unit packets so as to guarantee the appearance of each warning on an equal quantity of unit packets, with a tolerance of up to 5%.

The warnings on the two largest surfaces of each cigarette packets shall be:

1. clear and legible
2. printed in bold letters
3. printed on a contrasting background.

The warnings shall not be printed on the transparent wrapper or any other external wrapping. The warnings shall not be printed in a place where they may be damaged when the package is opened.

Section 8 Special provisions on the scope and design of health warnings on packaging of tobacco products other than cigarettes

In addition to the general warning referred to in section 6, unit packets of tobacco products other than cigarettes shall carry a specific warning which accords with the following rules:

1. On the other large surface of rolling tobacco packets, the specific warnings listed in Annex I shall be rotated in such a way the successive appearance of each warning on an equal quantity of packets, with a tolerance of up to 5%.
2. Unit packets of cigars, cigarillos, pipe tobacco or other smoking tobacco products shall carry a specific warning from among those in Annex II in such a way as to ensure that the warnings are rotated.
3. Unit packets of smokeless tobacco shall carry the following specific warning: "Causes cancer".

In the case of tobacco products other than cigarettes, the general warning laid down in section 6, and the specific warning mentioned in section 8, first paragraph, shall be printed directly on the packet so that it cannot be removed. The warning shall be easily visible and clearly legible, and cover at least 1% of the total surface area of the packet, excluding the indication of the authority provided for in section 9. The warnings shall be printed in a conspicuous place on a contrasting background. The text shall in no way be hidden, obscured or interrupted by other written or pictorial matter.

Section 9 Indication of authority

The Ministry of Health and Social Affairs shall be indicated as the author of the general warning referred to in section 6 and the specific warnings referred to in section 7 and section 8, first paragraph.

Section 10 Restrictions on own labelling

Manufacturers, importers or sellers of tobacco products may not provide their own information on the health consequences of smoking by means of symbols or text on the packets.

Chapter III Tar and nicotine yield of cigarettes

Section 11 Declaration of contents on cigarette packets

Cigarette packets shall have printed on them a declaration of the tar and nicotine yield per cigarette.

Section 12 Design and scope of the declaration of contents

The declaration shall be printed in easily legible print on a contrasting background on one side of the cigarette packet. The declaration shall cover at least 4% of the total surface of this side.

Section 13 Permitted tar yield of cigarettes

The tar yield of cigarettes marketed in Norway shall not be greater than 15 mg per cigarette.

As from 31 December 1997 cigarettes containing more than 12 mg of tar per cigarette shall not be marketed in Norway.

Marketing of products already existing on 31 December 1997, and which are in conformity with Norwegian provisions prior to this date, will be permitted up to two years after 31 December 1997.

Section 14 Methods for measuring tar and nicotine yield

The tar and nicotine yield of cigarettes, which is required by law to be indicated on cigarette packets, shall be measured according to ISO standards 4387 and 3400 and verification shall be carried out according to ISO standard 8243.

Chapter IV Administrative provisions

Section 15 Supervision

The Ministry of Health and Social Affairs has paramount responsibility for enforcing these regulations. The National Council on Tobacco and Health supervises compliance with the provisions of this regulation.

Section 16 Dispensation

The National Council on Tobacco and Health may in special cases grant dispensation from this regulation. Such decisions must not conflict with obligations under the Agreement on the European Economic Area.

Section 17 Appeal

Decisions made by the National Council on Tobacco and Health are individual decisions and appeals against such decisions may be submitted to the Ministry of Health and Social Affairs pursuant to Chapter VI of the Public Administration Act.

Section 18 Penalties

Whoever wilfully or negligently contravenes provisions laid down in or pursuant to this regulation is punishable by fines. Aiding and abetting are punishable in the same manner. An attempt is punishable as a completed offence.

Section 19 Commencement and transitional rules, etc.

This regulation comes into force on 1 January 1996. The following regulations are simultaneously revoked: Regulation of 15 December 1993 on the labelling of tobacco products and on the tar content of cigarettes, and regulation of 18 December 1985 on the labelling of cigarette packets, smoking-tobacco packets and cigarette-paper packets - measuring methods - annex.

For one year after this regulation comes into force tobacco products may be marketed in packaging that is labelled in conformity with previous regulation of 15 December 1993 on the labelling of tobacco products and on the tar yield of cigarettes.

ANNEX I

List of health warnings mentioned in section 7 of the regulation

1. Smoking causes cancer.
2. Smoking causes heart disease.
3. Smoking causes fatal diseases.
4. Smoking kills.
5. Smoking when pregnant harms your baby.
6. Protect children: don't make them breathe your smoke.
7. Smoking damages the health of those around you.
8. Smoking causes cancer, chronic bronchitis and other chest diseases.
9. If you give up smoking, you reduce the risk of serious disease.
10. More than 1.400 die each year in Norway of lung cancer.
11. Each year 400 people are killed in road accidents in Norway - 20 times more die from their addiction to smoking.
12. Smoking causes addiction.

ANNEX II

List of health warnings referred to in section 8, first paragraph, of the regulation

1. Smoking causes cancer.
2. Smoking causes fatal diseases.
3. Smoking damages the health of those around you.
4. Smoking causes heart disease.

Regulation on smoking in restaurants and other establishments where food and beverages are served, internal control, etc.

Laid down by Royal Decree of 15 December 1995 pursuant to section 6, eighth paragraph, of Act no. 14 of 9 March 1973 on Prevention of the Harmful Effects of Tobacco and section 4a-1 of Act no. 66 of 19 November 1982 on Municipal Health Services.

Chapter I Introductory provisions

Section 1 Purpose

The purpose of this regulation is to reduce the harm done to health by the use of tobacco.

This regulation is specifically intended to provide protection against passive smoking.

Section 2 Scope

This regulation applies to cafés, restaurants and other establishments where the serving of food and/or beverages is the main activity, as well to bars, discotheques and similar establishments, where the above establishments do not open onto premises used for another purpose.

The serving of food and/or beverages is the main activity of the establishment when the main purpose of the establishment is serving of food and/or beverages or more than 50 per cent of the turnover derives from this activity.

Section 3 Geographical application

This regulation also applies to Svalbard and Jan Mayen.

Section 4 Definitions

For the purpose of this regulation:

No-smoking zone means premises or part of premises where smoking is not allowed.

Smoking zone means premises or part of premises where smoking is allowed.

Internal control means ensuring compliance with requirements set forth in or pursuant to law or regulations.

Internal control system means systematic measures intended to ensure and document that the activities are performed in conformity with requirements set forth in or pursuant to law or regulations. Such systematic measures shall be described in administrative procedures.

Chapter II Provisions on internal control, smoking zone, ventilation, etc.

Section 5 Responsibility

The owner or other person who has the use of the premises is obliged to ensure that the provisions of this regulation are complied with.

Section 6 Obligation regarding internal control systems

To ensure compliance with this regulation, establishments falling within the regulation shall as from 1 January 1998 maintain internal control and install an internal control systems. Establishments must be able to provide documentation of such internal control systems to the supervisory authority.

The owner or other person who has the use of the premises is responsible for ensuring that the internal control system functions.

Section 7 Expulsion

Any person who, despite a warning from the owner or other person who has the use of the premises, contravenes the provisions of this regulation may be expelled.

Section 8 Smoking zone, etc.

The owner or other person who has the use of premises as mentioned in section 2 may allow tobacco smoking at up to two-thirds of the tables and seats in the premises up to 1 January 1998. As from that date tobacco smoking may only be allowed at up to one-half of the tables and seats in the premises. The smoking zone shall in both cases be located such that the public are not required to pass through it in order to reach the non-smoking zone. Both zones shall be clearly signboarded or clearly indicated by other means.

As from the same date smoking shall not be allowed at counters where food and/or beverages are bought, sold or handed out unless the requirements of section 9, second paragraph, as to ventilation are met.

Section 9 Ventilation and air quality

As from 1 January 1998 premises as mentioned in section 2 shall have air supplied and extracted in such a way as to counteract the transfer of tobacco smoke to the no-smoking zone or to areas intended to be smoke-free, cf. section 6 of Act relating to Prevention of the Harmful Effects of Tobacco.

As from the same date counters where food and/or beverages are bought, sold or handed out shall be equipped with special ventilation to counteract the entry of tobacco smoke from the public area into the area behind the counter.

The ministry may lay down provisions on air quality in premises' smoking zone and no-smoking zone, including suitable control parameters as guide values for air quality.

Chapter III Administrative provisions

Section 10 Supervision

The municipal council supervises compliance with the provisions of this regulation. The Labour Inspection supervises compliance with the provisions at work premises.

When the municipal council makes a decision within its area of supervision, the Labour Inspection shall be informed, and vice-versa.

The municipal council decides in case of doubt which is the authoritative body. Before such decision is taken, the municipal council should obtain the opinion of the Labour Inspection.

Section 11 The supervisory authority's instruments

The rules governing the municipal council's and the Labour Inspection's activity as supervisory agencies pursuant to sections 4a-7, 4a-8, 4a-9 and 4a-12 of the Municipal Health Services Act and sections 77-82 of the Working Environment Act apply to supervision carried out in accordance with this regulation.

Section 12 Dispensation

If in particular cases it would appear unreasonable to follow the provisions of this regulation, the supervisory authority may after application grant dispensation, cf. sections 10, 14 and 15.

In the assessment of what would appear unreasonable, importance shall inter alia be attached to whether financial or technical reasons render it particularly difficult to comply with the regulation.

The supervisory authority may attach conditions to such dispensation. If the conditions are not complied with the dispensation may become void.

Section 13 Application for dispensation

The owner or other person who has the use of premises as mentioned in section 2 may apply for dispensation pursuant to section 12.

At workplaces with a working environment committee, the opinion of the committee shall accompany the application. At workplaces without such a committee, the opinion of the safety delegate shall accompany the application.

Applications for dispensation shall be directed to the supervisory authority.

Section 14 Supervision of ships, including ferries as well as vessels and installations in petroleum activity

The Petroleum Directorate supervises compliance with the provisions of this regulation within the Directorate's area of responsibility on the Norwegian continental shelf in accordance with the Working Environment Act.

The maritime authorities supervise compliance with the provisions aboard ships as well as other vessels and installations. On passenger ferries engaged in domestic trade and registered with the municipality, the municipal council is also a supervisory authority; see section 4a-2 of the Municipal Health Services Act.

The Petroleum Directorate and maritime authorities may in the exercise of their supervisory authority employ instruments corresponding to those at their disposal under existing rules governing health conditions and working environment on ships and installations in petroleum activity.

Section 15 Supervision in Svalbard

The governor supervises compliance with the provisions of this regulation in Svalbard.

Section 16 Appeal

The county governor decides complaints against decisions of the municipal council. Before a decision is made on a complaint, the opinion of the chief county medical officer shall be obtained.

The Directorate of Labour Inspection decides appeals against decisions of the local labour inspection.

Section 17 Penalties

Any responsible person, cf. section 5, who wilfully or negligently contravenes provisions laid down in or pursuant to this regulation is punishable by fines. Aiding and abetting are punishable in the same manner. An attempt is punishable as a completed offence.

Section 18 Commencement

This regulation comes into force on 1 January 1996. As from the same date the regulation laid down by Royal Decree of 8 July 1988 pursuant to section 6, eighth paragraph, of the Act relating to Prevention of the Harmful Effects of Tobacco is repealed.