Kazakhstan Implements Ban on E-Cigarettes and Vaping Products

According to Tengrinews.kz, on June 20th, Kazakhstan officially implemented a new regulation today that aims to prohibit the sale, distribution, and import of e-cigarette products.

According to the recently passed Health Issues Amendment Act, popular e-cigarettes or disposable e-cigarettes are now banned in Kazakhstan. Although using e-cigarettes will not be penalized, selling, promoting, and importing these products will be subject to criminal liability.

According to the revised clauses in the Health Law, adjustments have also been made in the Criminal Law. Now, a new Article 301-1 has been added to the law, governing the circulation of non-tobacco products, electronic consumption systems (e-cigarettes), spices, and their e-liquids. Part 1 sets forth penalties for the sale and dissemination of e-cigarettes: fines of up to 200 MRP (738,400 junko or $1602.67 USD in 2024), or up to 200 hours of community service, or up to 50 days of detention. Part 2 stipulates penalties for the import and production of e-cigarettes: fines of up to 2000 MRP (730,000 junko or $15,844 USD in 2024), or up to 600 hours of community service, or up to 2 years of restriction or deprivation of liberty.

If these actions are repeatedly carried out by criminal groups and involve particularly large amounts of income, the penalties will be more severe: fines up to 5000 MRP (equivalent to 1.84 million Jankos in 2024 [39,936 US dollars]), or up to 1200 hours of community service, or a maximum of 5 years of restriction/deprivation of freedom.

In response to an official inquiry from Tengrinews.kz, the Ministry of Internal Affairs of Kazakhstan stated:

The act of distributing e-cigarettes should be understood as passing on e-cigarettes to others. This behavior will lead to criminal liability, regardless of its form, and regardless of whether there is any material or other benefits.

Smoking e-cigarettes in inappropriate places will result in the same penalties as smoking traditional cigarettes— a fine of 3 MRP (11,076 kongos [24.04 USD]) in 2024.

In addition, the amendment introduced a precise definition of e-cigarettes in the "People's Health and Hygiene System Code.

Electronic consumer systems (e-cigarettes) flavorings; electronic consumer systems (e-cigarettes) and their liquids; non-smoking tobacco products; products imitating tobacco products. Previously, on April 19th, President of Kazakhstan Kassym-Jomart Tokayev signed the "Law amending and supplementing certain laws and regulations regarding health issues in the Republic of Kazakhstan".