KAS has launched intensive operations to verify whether disposable electronic cigarettes offered on the Polish market comply with the law. The Office: “The inspections verify, among other things, the contents of e-liquid in electronic cigarettes, cartridges and spare tanks. So far, KAS has launched more than 120 customs and tax inspections of entities producing, acquiring within the European Union or importing e-cigarettes.
As part of the inspections, 1,395 samples were collected and sent for testing at KAS laboratories. So far, 1,338 samples have been tested. The results are shocking! KAS:
In as many as 1,102 of the 1,338 samples (82.4%), the tests found that the permissible capacity of the tank of a disposable e-cigarette, cartridge or spare container had been exceeded, as specified in Community regulations and the Act of 9 November 1995 on the protection of health against the consequences of using tobacco and tobacco products. Exceeding the limits set out in these provisions means that the products do not comply with EU and national regulations and, as they are considered dangerous, should not be offered for sale at all..
That is not all. In 356 cases, the tested e-cigarettes were found to contain more e-liquid (an excise product) than declared. KAS: “The increased liquid volumes meant that these products were incorrectly subject to excise taxation, resulting in a loss of excise-tax revenue for the state budget. In these cases, the competent authorities will launch tax procedures aimed at assessing the excise tax at the correct amount, and fiscal penal proceedings will be conducted under the Act of 10 September 1999—the Fiscal Penal Code.
In the cases uncovered by KAS, the provisions of the Act on the protection of health against the consequences of using tobacco and tobacco products were also violated. This is punishable by a fine of up to PLN 200,000, restriction of liberty, or both.
What are the procedures?
If e-cigarettes do not comply with the law, KAS immediately notifies the Police or the Prosecutor’s Office of the possibility that a crime has been committed.