Alcohol Act
Passed 19 December 2001 (RTl 12002, 3, 7), entered into force 1 September 2002, amended by the following Acts: 04.12.2002 entered into force 01.04.2003 RT I 2003, 2, 17;- 19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387. Chapter 1 General Provisions § 1. Scope of application of Act (1) This Act provides special requirements for the handling ofalcohol, restrictions on the consumption of alcohol, the organisation of supervision over compliance with the special requirements and restrictions, and liability for violations ofthis Act. (2) Special requirements are requirements which apply to operations performed with alcohol in addition to the provisions ofother legislation. (3) This Act does not apply to: 1) medicinal products within the meaning ofsubsection 2 (5) of the Medicinal Products Act (RT 11996, 3, 56; 49, 954; 1997, 93, 1564; 1998, 36/37, 554; 1999, 58, 608; 2001, 53, 308; 2002, 13, 79; 18, 97; 53, 336; 62, 377; 63, 387; 82, 480) which contain ethanol; 2) synthetic spirit, ester-aldehyde fraction, fusel oil and denaturated alcohol; 3) alcohol exempt from excise duty pursuant to clauses 27 (1) 9)-18) of the Alcohol, Tobacco and Fuel Excise Duty Act (RT 1 2003, 2, 17); (04 .12.2002 entered into force 01.04.2003 - RT I 2003, 2, 17) 4) alcoholic beverages exempt from excise duty pursuant to § 47 ofthe Alcohol, Tobacco and Fuel Excise Duty Act, carried across the customs frontier by a traveller inside the baggage with which he or she is travelling; (04.12.2002 entered into force 01.04.2003 RT I 2003, 2, 17)- 5) alcoholic beverages exempt from excise duty pursuant to § 48 of the Alcohol, Tobacco and Fuel Excise Duty Act, sent as a postal consignment to a natural person from a foreign state or by a natural person to a foreign state; (04.12.2002 entered into force 01.04.2003 - RT I 2003, 2, 17) 6) alcohol sent, for comparative testing, to an Estonian laboratory approved to perform the relevant analyses in postal consignments by a foreign laboratory and alcohol sent by an Estonian laboratory approved to perform the relevant analyses to a foreign laboratory; 7) alcoholic beverages carried across the customs frontier for the official purposes of foreign diplomatic representations and consular posts, representations of inter-governmental organisations, foreign diplomatic representatives, consular agents and representatives ofspecial missions accredited to Estonia; 8) alcoholic beverages produced under the conditions provided for in subsection 21 (6) ofthe Alcohol, Tobacco and Fuel Excise Duty Act. (04.12.2002 entered into force 01.04.2003 RT I 2003, 2, 17)- (4) For the purposes ofthis Act, "approved laboratory" means a laboratory accredited to perform analyses ofalcohol which has acquired the right to operate as an approved laboratory. The procedure for the grant, amendment, suspension and revocation ofthe right to operate as an approved laboratory shall be established by the Government ofthe Republic. § 2. Alcohol
(1) "Alcohol" means a food group consisting ofspirit and alcoholic beverages . (2) "Spirit" means a liquid which is obtained by the fermentation and subsequent processing of raw materials ofagricultural origin with an ethanol content ofat least 96 per cent by volume. (3) "Alcoholic beverage" means beer with an ethanol content ofmore than 0.5 per cent by volume and other liquids intended for human consumption with an ethanol content ofmore than 1 .2 per cent by volume . (4) "Beer" means a beverage which is manufactured from malt, or malt and adjuncts, and from hops and water by fermentation using yeast and which may be pasteurised . (5) "Strong alcoholic beverage" means an alcoholic beverage with an ethanol content ofmore than 22 per cent by volume . (6) "Low-alcohol beverage" means an alcoholic beverage with an ethanol content ofup to 22 per cent by volume (inclusive) . (7) "Alcoholic beverage with low ethanol content" means an alcoholic beverage with an ethanol content ofup to 6 per cent by volume (inclusive). (8) "Ethanol content" means the strength ofalcohol in per cent by volume which expresses the ratio ofthe volume of ethyl alcohol measured at 20 DC to the total volume ofalcohol at the same temperature . § 3. Handling ofalcohol (1) The following operations performed with regard to the said food group shall be deemed to be handling ofalcohol: 1) manufacturing, processing and bottling or packaging (hereinafter production); 2) import within the meaning of § 10 ofthe Alcohol, Tobacco and Fuel Excise Duty Act (hereinafter import); (04.12.2002 entered into force 01 .04.2003 RT 12003, 2, 17)- 3) export within the meaning of § 11 ofthe Alcohol, Tobacco and Fuel Excise Duty Act (hereinafter export); (04.12 .2002 entered into force 01.04.2003 RT I 2003, 2, 17)- 4) offer for sale or sale by an undertaking to another undertaking or to another person who is not a consumer within the meaning ofclause 3 1) ofthe Consumer Protection Act (RT 11994,2, 13; 199 35, 450; 102, 907; 200 4 252; 5 379; 2001, 5 283; 289; 56, 332; 2002, 13, 81; 18, 97; 35, 214; 53, 336; 61, 375; 63, 387) (hereinafter wholesale trade); 5) offer for sale or sale to a consumer (hereinafter retail trade); 6) possession, storage or distribution for commercial purposes . (2) Operations specified in clause (1) 6) ofthis section have a commercial purpose if such operations are directed at the sale, processing, packaging or use in barter transactions ofalcohol which is at the disposal ofa person. Chapter 2 Special Requirements for Handling of Alcohol Division 1 Alcohol Permitted to Be Handled § 4 . Alcohol pelmitted to be handled (1) In addition to other requirements provided by legislation, alcohol being handled shall: 1) conform to the requirements for the definition, description and presentation for sale of alcohol; 2) be entered in the State Register of Alcohol;
3) conform to the characteristics indicated in the declaration ofconformity submitted by the producer upon entry of the alcohol in the State Register of Alcohol; 4) conform to.the characteristics indicated in the record of test results or certificate (hereinafter test protocol) submitted upon entry ofthe alcohol in the State Register of Alcohol; 5) conform, with regard to consumer packaging and labelling thereof, to the product sample submitted upon entry ofthe alcohol in the State Register of Alcohol. (2) Requirements for the definition, description and presentation for sale of alcohol shall be established by the Government of the Republic. (3) The list ofcompulsory items ofinformation to be included in declarations ofconformity and test protocols shall be established by the Minister of Agriculture. (4) The provisions ofclauses (1) 1)-5) of this section do not apply to: 1) alcohol permitted to be handled to a restricted extent, ifthe requirements which restrict the handling ofsuch alcohol are observed; 2) alcohol which is placed under a customs procedure other than the customs procedures specified in clauses 3 (1) 2) and 3) ofthis Act, ifthe requirements established by legislation which restrict the handling ofsuch alcohol are observed; 3) alcohol which is on board a watercraft or aircraft used for international carriage ofpassengers. § 5. Exceptions with regard to labelling on consumer packaging ofalcoholic beverages (1) For the purposes ofthis Act, "consumer packaging ofalcoholic beverage" means the sales packaging in which the alcoholic beverage is contained as it is delivered to the consumer. (2) Labelling on the consumer packaging ofan alcoholic beverage may be in a foreign language ifcorrect information in Estonian which is based on the original text is provided upon the sale of goods. (3) Ifthe consumer packaging ofan alcoholic beverage requires special operating skills, instructions for use in Estonian must accompany such consumer packaging. (4) Ifthe importer ofan alcoholic beverage in consumer packaging has the written permission of the producer ofthe alcoholic beverage to specify or improve inany other manner the labelling on the consumer packaging ofthe alcoholic beverage provided by the producer, the importer ofthe alcoholic beverage may do so ifthe goods are placed under the customs warehousing procedure and ifthe following conditions are complied with: 1) prior to performing the relevant operation, the written permission ofthe producer ofthe alcoholic beverage shall be submitted to the appropriate customs official who shall confirm the permission having been submitted by his or her seal and signature on the submitted document . and indicate his or her first name and surname and the date on the document; 2) the labelling provided by the producer shall not be covered by additional labelling, it shall not be removed, corrected and no other acts shall be performed with regard thereto which could give reason to believe that the labelling is falsified; 3) additional labelling is not contrary to the requirements provided by legislation or the labelling provided by the producer; 4) prior to the import ofa consignment ofgoods with additional labelling, the alcoholic beverage shall be re-entered in the State Register of Alcohol. Division 2 Alcohol Pennitted to Be Handled to Restricted Extent and Alcohol Which Is not Pe1mitted to Be Handled § 6. Alcohol permitted to be handled to restricted extent
(4) Undertakings shall ensure that there is no alcohol which is not pennitted to be handled anywhere on the premises or in the territories of their enterprises regardless ofthe ownership of such alcohol or the purpose ofpossession or storage ofsuch alcohol . (5) A quantity of alcohol which is not pennitted to be handled is deemed to be large if the excise duty calculated on the quantity of such alcohol exceeds the excise duty rate specified in subsection 46 (6) of the Alcohol, Tobacco and Fuel Excise Duty Act by ten times or more . (04.12.2002 entered into force 01.04.2003 RT I 2003, 2, 17)- (6) Alcohol which is not pennitted to be handled and appliances for the distillation of fusel shall be confiscated. Division 3 State Register of Alcohol § 8. General principles ofoperation of State Register of Alcohol (1) The main objectives of maintaining the State Register of Alcohol (hereinafter, in this Division, register ofalcohol) are: 1) entry ofalcohol produced in Estonia and alcohol imported into Estonia in the register of alcohol (making of register entry); 2) processing ofdata concerning alcohol entered in the register ofalcohol; 3) storage ofproduct samples collected to be preserved in the register ofalcohol; 4) comparing product samples ofalcoholic beverages obtained upon the exercise of supervision with product samples or other material preserved in the register ofalcohol . (2) The register of alcohol shall be established, the statutes for maintenance thereofshall be approved and the authorised processor of the register shall be appointed by the Government of the Republic pursuant to the procedure provided for in the Databases Act (RT I 1997, 28, 423; 1998, 36/37, 552; 1999, 10, 155; 2000, 50, 317; 57, 373; 92, 597; 2001, 7, 17; 17, 77; 24, 133; 2002, 61, 375; 63, 387). (3) The chiefprocessor ofthe register ofalcohol is the Ministry of Agriculture. § 9. Application for making ofregister entry (1) In the case ofalcohol produced in Estonia, entry of the alcohol in the register ofalcohol shall be applied for by the producer ofthe alcohol. If there are several producers, the undertaking which places the alcohol on the market in its own name shall be the applicant . (2) An <:j.pplicant specified in subsection (1) ofthis section shall hold an excise w arehouse activity licence provided for in § 38 ofthe Alcohol, Tobacco and Fuel Excise Duty Act and the enterprise where the alcohol is produced shall be approved within the meaning ofthe Food Act (RT 1 1999, 30, 415; 2002, 13, 81; 61, 375; 63, 387; 102, 603), taking account of the provisions ofsubsection 63 (1) ofthe Food Act. (04.12.2002 entered into force 01.04.2003 RT I 2003, 2, 17)- (3) In the case of alcohol originating from a foreign state, entry of the alcohol in the register of alcohol shall be applied for by the importer ofthe alcohol. (4) An applicant specified in subsection (3) ofthis section shall hold a valid registration in the State Register of Undertakings Operating in Areas of Activity SUbject to Special Requirements. (5) Requirements for the fonnat of applications submitted for the making ofan entry in the register ofalcohol shall be established by the Minister of Agriculture . § 10. Material accompanying applications submitted for making of register entry (1) For an alcoholic beverage in consumer packaging to be entered in the register ofalcohol, the following shall be submitted to the authorised processor of the register ofalcohol together with a corresponding application:
1) a product sample in consumer packaging (hereinafter product sample); 2) the original copy ofthe declaration ofconformity supplied by the producer or, in the case of imported alcoholic beverages, a copy certified by the consignor ofthe alcoholic beverage instead ofthe original copy; 3) the original copy ofthe test protocol issued by an Estonian laboratory approved to perform the relevant analyses or by a foreign laboratory which is notified in the European Union; 4) samples oflabels used on the consumer packaging ofthe alcoholic beverage or a corresponding description or photo; 5) the original copy ofthe customs declaration concerning the import ofthe product sample accepted by the customs authorities and a notation must be made in the customs declaration indicating that the given product sample shall be submitted for the making of a register entry (in the case ofimported alcoholic beverages). (2) For alcohol not packaged in consumer packaging to be entered in the register of alcohol, the following shall be submitted to the authorised processor ofthe register of alcohol together with a corresponding application: 1) the original copy ofthe declaration ofconformity supplied by the producer or, in the case of imported alcohol, a copy certified by the consignor ofthe alcohol instead ofthe original copy; 2) the original copy ofthe test protocol issued by an Estonian laboratory approved to perform the relevant analyses or by a foreign laboratory which is notified in the European Union. (3) Besides material which is subject to compulsory submission, an applicant may submit other documents and samples to the authorised processor ofthe register of alcohol ifsuch documents or samples may prove necessary upon the review ofthe application or facilitate the exercise of supervIsIOn. (4) The original copy ofa document submitted together with an application for alcohol to be entered in the register ofalcohol shall be returned to the person who submitted the document immediately after an employee ofthe authorised processor ofthe register ofalcohol has made a copy ofthe original document which shall be certified by signatures ofthe employee and a representative ofthe applicant. § 11. Making ofregister entry (1) The entry ofalcohol in the register ofalcohol shall be decided within ten working days as of the date ofreceipt ofthe corresponding application and material which is subject to compulsory submission. (2) The authorised processor ofthe register of alcohol may, in order to decide the making ofa register entry: 1) request more specific information concerning the written or oral information submitted by an applicant and malce enquiries to verify the correctness of the submitted information; 2) request from the applicant a translation into Estonian ofa labelling in a foreign language on a product sample submitted by the applicant or of a document in a foreign language submitted by the applicant. (3) Entry ofalcohol in the register ofalcohol is certified by a certificate which shall be issued by the authorised processor ofthe register ofalcohol to the undertaking which applied for the alcohol to be entered in the register ofalcohol immediately after the register entry is made. (4) Upon application for the making ofa register entry, the applicant for the making ofthe register entry shall be responsible for the correctness ofthe information submitted by the applicant. § 12 . Refusal to make register entry
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( 1) The authorised processor ofthe register ofalcohol shall refuse to enter alcohol in the register of alcohol if: 1) in the case ofalcohol produced in Estonia, an applicant does not hold a valid excise warehouse activity licence or if the alcohol is produced in an enterprise which is not approved within the meaning of the Food Act and the requirement specified in subsection 63 (1) of the Food Act does not apply; 2) in the case ofimported alcohol, an applicant does not hold a valid registration in the State Register of Undertakings Operating in Areas ofActivity Subject to Special Requirements; 3) an applicant fails to submit the documents specified in subsections 10 (1) and (2) ofthis Act or other materials; 4) an applicant applies for alcohol which does not meet the requirements established for alcohol permitted to be handled to be entered in the register of alcohol; 5) an applicant submits a product sample which is clearly deformed or damaged; 6) an applicant submits falsified or fictitious documents or ifsubmitted documents do not comply with the requirements or cannot be used to identify the given product sample; 7) an applicant fails to comply with the request ofthe authorised processor of the register of alcohol to supply a translation specified in clause 11 (2) 2) ofthis Act. (2) An undertaking which submitted an application shall be notified ofa refusal to make a register entry in writing, with a reasoned explanation, not later than on the working day following the date ofrefusal to make the register entry. (3) A refusal to make a register entry may be contested to the chief processor of the register of alcohol within fifteen days as ofthe date ofrefusal to make the register entry. (4) The chiefprocessor ofthe register ofalcohol may declare the decision ofthe authorised processor ofthe register ofalcohol to be unlawful and request that the authorised processor of the register ofalcohol re-examine the application the refusal ofwhich was contested. (5) Ifentry of an alcoholic beverage in the register ofalcohol is refused, the product sample shall be returned to the undertaking within thirty days as ofthe date ofrefusal to make the register entry. Ifrefusal to enter an alcoholic beverage in the register ofalcohol is contested, the product sample shall be returned to the undertaking after the final settlement ofthe complaint (unless subsections 13 (1) or (3) ofthis Act apply upon entry ofthe alcoholic beverage in the register of alcohol). A notation concerning the return ofa product sample shall be made in the corresponding application. (6) A refusal to malce a register entry does not deprive an applicant ofthe right tore-apply for the alcohol to be entered in the register ofalcohol. § 13. Samples ofalcoholic beverages entered in register ofalcohol (1) A product sample ofvodka entered in the register ofalcohol which is submitted to the authorised processor of the register of alcohol pursuant to clause 10 (1) 1) of this Act shall be accepted by the authorised processor ofthe register ofalcohol for preservation in the register of alcohol. (2) A product sample ofan alcoholic beverage, except vodka, entered in the register ofalcohol which is submitted to the authorised processor ofthe register ofalcohol pursuant to clause 10 (1) 1) ofthis Act need not be preserved in the register of alcohol and shall be returned to the undertaking which submitted the product sample. A corresponding notation concerning the return ofa product sample shall be made in the application. (3) Ifan undertaking on whose application an alcoholic beverage is entered in the register of alcohol finds that in order to facilitate supervision, it is necessary to preserve, in the register of
alcohol, a product sample ofthe alcoholic beverage entered in the register of alcohol, the undertaking may submit, at any time, a product sample to the authorised processor of the register of alcohol for preservation in the register ofalcohol. (4) On the proposal ofa supervisory agency, the chiefprocessor ofthe register ofalcohol shall request that, in order to facilitate supervision, the producer or importer ofa specific alcoholic beverage immediately submit a product sample to the authorised processor of the register of alcohol for preservation in the register ofalcohol. (5) Product samples submitted in the cases specified in subsections (3) and (4) ofthis section shall be returned to undertakings which submitted the product samples when preservation thereof is no longer necessary. A product sample shall be returned on the initiative ofeither the undertaking which submitted the product sample or the authorised processor ofthe register of alcohol. The opinion ofone or several supervisory agencies concerning the need for further preservation ofa product sample may be obtained. If the provisions of subsection (4) of this section apply to a product sample, it is mandatory to obtain the opinion ofthe supervisory agency on whose proposal the product sample was obtained for preservation. A report shall be prepared concerning the return of a product sample. § 14. Invalidation ofregister entries (1) The chiefprocessor ofthe register ofalcohol shall invalidate a register entry if: 1) invalidation ofthe register entry is applied for by the undertaking on whose application alcohol was entered in the register ofalcohol; 2) it has been established by a court judgment which has entered into force that the handling of alcohol entered in the register ofalcohol damages the lawful rights ofa third party and the court has notified the chief processor ofthe register of.alcohol thereof; 3) an undertaking submitted inaccurate information when applying for alcohol to be entered in the register ofalcohol; 4) alcohol entered in the register ofalcohol does not meet the requirements established for alcohol permitted to be handled. (2) Ifa decision to invalidate a register entry is made, the chiefprocessor ofthe register of alcohol shall notify the undertaking which applied for the alcohol to be entered in the register of alcohol, government agencies exercising supervision and the authorised processor ofthe register ofalcohol thereof immediately. The chiefprocessor of the register of alcohol shall organise the pUblication ofa notice concerning the invalidation ofthe register entry in the official publication Ametlikud Teadaanded2• The authorised processor ofthe register ofalcohol shall organise the publication ofa notice concerning the invalidation ofthe register entry on the website of the register ofalcohol. (3) Unless otherwise provided by law, a court judgment or court ruling or the precept of a competent official, the production and import of alcohol the register entry of which has been invalidated shall be tenninated on the third day after the decision to invalidate the register entry is made. Upon expiry ofthe above-mentioned term, alcohol the register entry ofwhich has been invalidated shall be deemed to be alcohol which is not permitted to be handled, taking account of the provisions ofsubsection (4) ofthis section. (4) The invalidation of a register entry has no legal effect with regard to alcohol produced or imported prior to the invalidation ofthe register entry unless otherwise provided by law, a court judgment or court ruling or precept. (5) The product sample preserved in the register ofalcohol for an alcoholic beverage the register entry ofwhich has been invalidated shall not be returned to the undertaking which submitted the
product sample . The product sample shall remain in the possession ofthe authorised processor of the register of alcohol. When the preservation of the product sample is no longer necessary, the authorised processor ofthe register of alcohol shall destroy the product sample and a report shall be prepared concerning the destruction ofthe product sample . (6) The invalidation ofa register entry does not deprive an undertaking of the right to re-apply for the alcohol to be entered in the register of alcohol. § 15. Obligation to re-enter alcoholic beverage in register ofalcohol (1) Upon alteration ofthe consumer packaging ofan alcoholic beverage entered in the register of alcohol or ofelements thereof (except alterations to the producer's lot code or the location thereof), the alcoholic beverage is subject to re-entry in the register ofalcohol on the bases provided for in § § 9-13 ofthis Act. (2) The obligation to re-enter an alcoholic beverage in the register ofalcohol does not apply if an alcoholic beverage entered in the register ofalcohol is going to be placed on the m arket : 1) in same wrapping together with another alcoholic beverage or product other than alcoholic beverage; 2) in grouped packaging. § 16. Website ofregister of alcohol (1) The following information shall be published on the website ofthe register ofalcohol: 1) data concerning alcohol entered in the register ofalcohol; 2) information concerning invalidated register entries; 3) information concerning laboratories notified in the European Union. (2) The following information shall be published concerning alcohol entered in the register of alcohol: 1) the number ofthe register entry; 2) the date ofthe register entry; 3) type; 4) name; 5) producer; 6) the country oflocation ofthe producer; 7) the importer (in the case ofimported alcohon( � 8) the capacity ofconsumer packaging (in the case of alcoholic beverage in consumer packaging); 9) ethanol content; 10) comments concerning consumer packaging, where necessary. (3) Decisions ofthe authorised processor ofthe register ofalcohol concerning invalidated register entries shall be published. (4) The list oflaboratories notified in the European Union shall be published by countries of location. Division 4 Maintaining Records of Circulation of Alcohol § 17. Records ofproducer's lot codes (1) A producer or importer of alcohol shall keep records ofalcohol produced or imported by the producer or importer according to the producer 's lot codes used on the sales packaging ofthe alcohol. (2) An undertaking which produces or imports vodka in consumer packaging shall submit to the authorised processor ofthe State Register of Alcohol a notice concerning the lot code used on the
consumer packaging of vodka sent by the undertaking for export, wholesale trade or retail trade during the previous month by the fifteenth day ofeach month and indicate the following, based on the number ofregister entry of the vodka and the producer 's lot code affixed to the consumer packaging ofthe vodka: 1) undertakings to which vodka was sent and the quantities ofvodka sent; 2) commercial enterprises owned by the undertaking which produced or imported the vodka to which vodka was sent and the quantities ofvodka sent. § 18. Documents upon import ofalcohol (1) Upon the import ofalcohol, in addition to the requirements provided for in the customs rules, a certificate of the State Register of Alcohol indicating that the imported alcohol has been entered in the State Register of Alcohol on the application ofthe importer shall be submitted to the customs authorities. (2) A certificate ofthe State Register of Alcohol is not necessary upon the importation ofalcohol if a customs declaration is prepared concerning: 1) an alcoholic beverage pursuant to the provisions ofsubsection 6 (2) of this Act; 2) product samples to be submitted for research to an Estonian laboratory approved to perform the relevant analyses pursuant to the provisions ofclause 10 (1) 3) ofthis Act; 3) amounts ofalcohol not packaged in consumer packaging which are sealed in any container and which are to be submitted for research to an Estonian laboratory approved to perform the relevant analyses pursuant to the provisions ofclause 1 0 (2) 2) ofthis Act; 4) product samples which are to be submitted to the authorised processor of the State Register of. Alcohol for the making ofregister entries . (3) In the cases specified in clauses (2) 2)-4) of this section, a corresponding notation shall be made in the customs declaration. (4) A customs declaration concerning imported alcohol shall set out : 1) a definition ofthe alcohol pursuant to clause 2 1 ( 1) 1) of this Act; 2) the registration number ofthe importer . § 19. Documents upon export ofalcohol (1) Upon the export of alcohol, in addition to the requirements provided for in the customs rules, a certificate ofthe authorised processor ofthe State Register ofAlcohol indicating that the exported alcohol has been entered in the State Register ofAlcohol on the application ofthe exporter shall be submitted to the customs authorities. (2) Ifalcohol is exported by an undertaking which has not been issued a certificate specified in subsection (1) ofthis section, a document prepared by the authorised processor ofthe State Register of Alcohol which is issued to the undertaking, ifthe undertaking submits an accompanying document conforming to the requirements and certifying the origin ofalcohol entered in the State Register of Alcohol and being exported, may be submitted instead ofthe certificate specified in subsection (1). (3) The requirement to submit a certificate or document provided for in this section does not apply upon the export ofalcoholic beverages pursuant to subsection 6 (1) of his Act. (4) A customs declaration concerning exported alcohol shall set out: 1) a definition ofthe alcohol pursuant to clause 21 (1) 1) ofthis Act; 2) the registration number ofthe exporter . § 20. Settlement upon handling ofalcohol Upon the import of, wholesale trade in and export ofalcohol, payment for alcohol shall be made by way ofnon-cash settlement.
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§ 2 1. Document accompanying alcohol ( 1) Wholesale trade in and export of alcohol shall be fonnalised on paper by an accompanying document which enables identification of the goods and the lot. In addition to other requirements provided by legislation, an accompanying document shall set out: 1) the definition ofalcohol (type, name, producer, capacity ofsales packaging, ethanol content, producer's lot code and iflot number and year of production are used simultaneously, both must be indicated); 2) the number and date ofthe register entry ofthe alcohol handled; 3) the registration number of the undertaking carrying out the wholesale trade in alcohol or exporting the alcohol; 4) the number of the customs declaration (in the case of imported alcohol). (2) Upon receipt ofalcohol by way ofwholesale trade, the conformity of the accompanying document to requirements and the conformity ofthe producer 's lot code to the lot code set out in the accompanying document shall be verified. (3) The export of, wholesale trade and retail trade in alcohol by an undertaking which is not the producer or importer ofthe alcohol and the distribution of alcohol by an undertaking outside the place ofbusiness of the undertaking is pennitted only ifthe undertaking holds an accompanying document which confonns to the requirements concerning the said alcohol. (4) An accompanying document which confonns to requirements shall be submitted to an official exercising supervision immediately at the request ofthe official, except in cases where submission of the accompanying document at the moment ofinspection is impossible due to
'other obligations imposed on the undertaking by law. § 22 . Internal accompanying document ( 1) An undertaking may send alcohol produced or imported by another undertaking to different places ofbusiness ofthe undertaking for wholesale or retail trade with an internal accompanying document. (2) An internal accompanying document is required upon wholesale or retail trade in alcohol produced by a producer of alcohol in a commercial enterprise owned by the producer. (3) An internal accompanying document is required upon wholesale or retail trade in alcohol imported by an importer of alcohol in a commercial enterprise owned by the importer. (4) An internal accompanying document is deemed to meet the requirements ifthe document: 1) sets out infonnation specified in clauses 2 1 ( 1) 1) and 2) and, in the case ofimported alcohol, in clause 2 1 ( 1) 4) ofthis Act; 2) in the case specified in subsection (1) ofthis section, sets out information concerning the undertaking which dispatched the alcohol for wholesale trade (business name, registration number, number and date ofthe accompanying document); 3) enables identification ofthe goods and the lot; 4) meets other requirements provided by legislation. Division 5 Operation on Basis of Registration § 23. Right to import alcohol, carry out wholesale trade in alcohol and export alcohol (1) The import of, wholesale trade in and export ofalcohol may be carried out by an undeliaking which is entered in the commercial register and holds a valid registration in the State Register of Undeliakings Operating in Areas ofActivity Subject to Special Requirements (hereinafter, in this Division, register).
(2) For the import of alcohol, an activity licence specified in subsection 42 (1) ofthe Food Act is not required. (3) If alcohol is handled in the course of enforcement proceedings, the bailiffs rights and obligations are similar to those ofan undertaking. § 24 . Registration application (1) An undertaking which wishes to carry out the import of, wholesale trade in or export of alcohol shall submit to the authorised processor ofthe register a corresponding application which shall set out at least the following: 1) the business name, commercial register code, address and other details ofthe undertaking; 2) the clearly worded content ofthe application; 3) the name and details of the person responsible for the import of, wholesale trade in or export ofalcohol; ifthe application is submitted by a sole proprietor, the same person shall be responsible for the import of, wholesale trade in or export ofalcohol; 4) the address ofthe place ofbusiness or addresses ofplaces ofbusinesses; 5) the number ofa decision of approval within the meaning ofthe Food Act made concerning the enterprise or a part thereof, the date ofmaking the decision and the name ofthe agency which made the decision (taking account ofthe provisions ofsubsection 63 (1) ofthe Food Act); 6) the date ofsubmission ofthe application, and signature; 7) the name, official title and details ofthe person who signed the application. (2) The person who submits a registration application shall be responsible for the correctness of the information set out in the registration application . § 25. Registration (1) A registration is made, within two working days as of receipt of a registration application, on the basis ofinformation set out in the application submitted by an undertaking provided that: 1) the application meets the requirements; 2) a response to an enquiry submitted by the authorised processor of the register to the authorised processor ofthe Punishment Register reveals that no circumstances specified in clauses 26 (1) 2) or 3) ofthis Act exist regarding the applicant . (2) Registration data are: 1) the registration number; 2) the date ofmaking the registration; 3) the activity permitted on the basis ofthe registration; 4) the business name, commercial register code, address and other details of the undertaking; 5) the name and details ofthe person responsible for the import of, wholesale trade in or export ofalcohol; 6) the address ofthe place ofbusiness or addresses of places ofbusinesses; 7) a notation concerning a temporary cessation ofthe activity permitted pursuant to the registration. (3) Registration data are published on the website ofthe register. (4) The authorised processor of the register shall make official extracts from the registration data ifan undertaking so requests. § 26. Refusal to register (1) Registration is refused if: 1) a registration application does not meet the requirements; 2) a response to an enquiry submitted to the Punishment Register reveals that an undertaking which is the applicant for registration has been punished for a criminal offence specified in §§
226, 227, 230, 255, 256, 372, 374, 375, 386-388 or 390-394 ofthe Penal Code (RT I 2001, 61, 364; 2002, 86, 504; 1 05, 612; 2003, 4, 22) and the term specified in subsection 25 (1) ofthe Punislnnent Register Act (RT 1 1997, 87, 1467; 2002, 82, 477) has not expired ; 3) a response to an enquiry submitted to the Punislnnent Register reveals that compulsory dissolution has been imposed on the legal person which is the applicant for registration for any criminal offence or that an occupational ban has been imposed on the sole proprietor who is the applicant for registration for any criminal offence and the occupational ban is relevant and valid with regard to the given case. (2) A reasoned notice concerning a refusal to make a registration shall be sent to the undertaking which submitted the registration application not later than on the working day following the date of making the decision to refuse registration. § 27. Deletion ofregistration data (1) Registration data shall be deleted: 1) on the basis ofan application ofthe undertaking concerning which the registration was made; 2) if the undertaking concerning which the registration was made is punished for a criminal offence specified in clause 26 (1) 2) of this Act; 3) ifthe undertaking concerning which the registration was made has been subject to a measure specified in clause 26 ( 1) 3) of this Act; 4) if a decision ofapproval within the meaning ofthe Food Act made concerning an enterprise or a part thereofis revoked. (2) If the authorised processor of the Punislnnent Register receives information concerning the circumstances specified in clauses ( 1) 2) or 3) ofthis section in relation to a person specified in subsection 23 ( 1) ofthis Act, the authorised processor ofthe Punislnnent Register shall inform the authorised processor ofthe register thereofimmediately. (3) The Veterinary and Food Board shall immediately forward a copy ofa decision revoking a decision ofapproval within the meaning ofthe Food Act made concerning an enterprise or a part thereofto the authorised processor of the register. (4) A reasoned notice concerning the deletion ofregistration data shall be immediately sent to the undertaking concerning which the registration was made. § 28. Obligation to give notice of change in data ( 1) An undertaking concerning which a registration is made is required to notify the authorised processor ofthe register immediately of the following: 1) any change in registration data; 2) the cessation ofimport of, wholesale trade in or export ofalcohol for longer than three months. (2) A registration concerning which a notation has been made pursuant to the provisions of clause (1) 2) ofthis section is not valid. Clause ( 1) 1) ofthis section shall be applied prior to the continuation ofactivity permitted on the basis ofthe registration. § 29 . Place ofbusiness specified in registration (1) "Wholesale trade in alcohol is permitted only in the place ofbusiness specified in a registration. (04 .12.2002 entered into force 01 .04 .2003 RT I 2003, 2, 17)- (2) Places ofbusiness upon wholesale trade in alcohol are: (04.12.2002 entered into force 01.04.2003 - RT I 2003, 2, 17) 1) excise warehouses; 2) customs warehouses;
3) warehouses not subject to regulation prescribed by taxation laws or in the Customs Act. (3) The provisions ofsubsection ( 1) ofthis section do not apply to wholesale trade in alcohol if alcoholic beverages are sold to an undertaking which engages in retail trade in alcoholic beverages at the place ofbusiness ofthe undertaking and ifalcoholic beverages sold by way of wholesale trade are stored in the place ofbusiness ofthe undertaking carrying out the wholesale trade as speCified in the registration. Division 6 Operation on Basis of Trade Licence Subdivision 1 Bases for Grant of Right of Retail Trade in Alcoholic Beverages and for SuspenSion and Revocation Thereof § 30. Right of retail trade in alcoholic beverages (1) The following persons and agencies may engage in retail trade in alcoholic beverages ifsuch persons or agencies hold a valid trade licence with a notation granting the right of retail trade in alcoholic beverages: 1) undertakings entered in the commercial register; 2) sole proprietors who are not entered in the commercial register, ifthey engage only in retail trade ofalcoholic beverages produced by them under the conditions provided for in subsection 35 (1) ofthe Alcohol, Tobacco and Fuel Excise Duty Act. (04. 12.2002 entered into force 01.04.2003 RT 12003, 2, 17)- 3) performing arts institutions, community centres and museums, ifretail trade in alcoholic beverages is carried out on the premises or in the territory ofthe establishment for consumption on the premises. (2) The provisions of subsection (1) ofthis section do not apply to retail trade in alcoholic beverages: 1) on board a watercraft or aircraft used for international carriage ofpassengers; 2) in the course ofenforcement proceedings. (3) Upon retail trade in alcoholic beverages, the requirements established for undertakings specified in clause (1) 1) ofthis section apply to performing arts institutions, community centres and museums, and bailiffs engaged in retail trade in alcoholic beverages. (4) A notation granting the right of retail trade in alcoholic beverages shall be made, exempt from state fees, on a trade licence on the basis of a corresponding application ofan undertaking: 1) upon the first issue ofthe trade licence; 2) upon amendment ofthe trade licence . (5) A notation on a trade licence is valid under the conditions indicated on the trade licence during the period ofvalidity ofthe trade licence unless otherwise provided by legislation. § 3 1. Application submitted for grant of right of retail trade in alcoholic beverages and material accompanying such application ( 1) An application submitted for the grant of right of retail trade in alcoholic beverages shall set out at least the following: 1) the clearly worded content of the application; 2) the name and registry code ofthe applicant and the name ofthe con-esponding register, the address and other details ofthe applicant; 3) a definition ofthe place ofbusiness pursuant to subsection 40 ( 1) of this section; 4) the name of the enterprise (ifthere is any) and address ofthe place ofbusiness or the information specified in subsection (2) of this section;
5) in the case of an undertaking which possesses a mobile shop, locations ofplaces ofsale ; 6) the name and details of the person responsible for retail trade in alcoholic beverages; if the application is submitted by a sole proprietor, the same person shall be responsible for retail trade in alcoholic beverages; 7) the date of submission ofthe application, and signature ; 8) the name, official title and details ofthe person who signed the application. (2) Ifan application is submitted for retail trade in alcoholic beverages in a mobile shop, on board watercraft or aircraft used to provide passenger services or in the restaurant car ofa passenger train, the mark identifying the said vehicle shall be indicated in the application instead of the address of the place ofbusiness. Ifan application is submitted for retail trade in alcoholic beverages at a public event, the name, time and location ofthe public event and the number of places ofsale ofthe undertaking shall be indicated in the application instead ofthe address ofthe place ofbusiness. (3) Ifthe right ofretail trade in alcoholic beverages is applied for upon the first issue ofa trade licence, the corresponding application need not be submitted as a separate document if the information specified in subsections (1) and (2) of this section is set out in an application specified in subsection 144 (1) of the Consumer Protection Act. (4) Ifthe right ofretail trade in alcoholic beverages at a public event is applied for, written consent ofthe organiser ofthe event must be submitted together with the application. If the right ofretail trade in alcoholic beverages in a mobile shop is applied for and places ofsale are located in the territory ofanother local government, written consent of the rural municipality or city government ofthe location ofsuch places ofsale must be submitted together with the application. § 32. Grant ofright of retail trade in alcoholic beverages (1) In order to decide the grant of right ofretail trade in alcoholic beverages, the issuer ofa trade licence may request from an undertaking or a representative thereofand from state agencies or local government agencies more specific information concerning the written or oral information submitted upon application for the right ofretail trade in alcoholic beverages, and make enquiries to verify the correctness ofthe submitted information, including at the place of business. (2) If no circumstances exist which would preclude the grant ofright ofretail trade in alcoholic beverages, the issuer ofa trade licence shall forward to the authorised processor ofthe State Register of Undertakings Operating in Areas of Activity Subject to Special Requirements a copy ofthe administrative act by which the grant ofright ofretail trade in alcoholic beverages was decided. The authorised processor ofthe State Register of Undertakings Operating in Areas of Activity Subject to Special Requirements shall make a registration on the basis ofthe received document within two working days as ofreceipt ofthe document and notify the issuer ofthe trade licence immediately thereofand inform the issuer of the trade licence ofthe registration number. (3) Registration data are: 1) the registration number; 2) the date ofmaking the registration; 3) information specified in clauses 31 (1) 2)-6) of this Act. (4) A notation granting the right ofretail trade in alcoholic beverages shall be made on a trade licence on the basis ofthe information submitted by an undertaking after receiving confirmation ofthe making of a registration from the authorised processor of the State Register of
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Undertakings Operating in Areas of Activity Subject to Special Requirements, and entry of the registration number on the trade licence is mandatory. (5) Documents submitted for the grant ofright of retail trade in alcoholic beverages shall not be returned to the undertaking or a representative thereof. § 33. Refusal to grant right of retail trade in alcoholic beverages (1) The grant ofthe right of retail trade in alcoholic beverages shall be refused if the person applying for the right of retail trade in alcoholic beverages: 1) fails to submit documents which meet the requirements or submits inaccurate information; 2) wishes to engage in retail trade in alcoholic beverages in a place of business or under the conditions prohibited by legislation; 3) wishes to engage in retail trade in alcoholic beverages in a place of business where the right of retail trade in alcoholic beverages granted to the person earlier has been revoked on the grounds specified in subsection 37 (2) of this Act and less than six months have passed since the date of entry into force of the decision revoking the said right. (2) The issuer of a trade licence may, in the interests ofensuring public order, refuse to grant a person who wishes to engage in retail trade in alcoholic beverages at a public event the right to trade in any alcoholic beverages or in alcoholic beverages with a certain ethanol content or in alcoholic beverages of a certain type. (3) A copy of an administrative act issued concerning a refusal to grant the right ofretail trade in alcoholic beverages shall be sent to the undertaking which submitted the corresponding application not later than on the working day following the date ofmaking the relevant decision. (4) Documents submitted for the grant of the right of retail trade in alcoholic beverages shall not be returned to an undertaking or a representative thereof. (5) A refusal to be granted the right of retail trade in alcoholic beverages does not deprive an undertaking of the right to submit an application with the same content again. § 34. Place of business upon retail trade in alcoholic beverages (1) Retail trade in alcoholic beverages may be carried out only in the place of business within the meaning of § 142 of the Consumer Protection Act as entered on a trade licence. (2) The provisions of subsection (1) of this section do not apply to an undertaking which sells alcoholic beverages outside the permanent place ofsale on orders placed with the undertaking if the alcoholic beverages sold are stored in the place of business entered on the trade licence and "lubatud allcohoolse joogi kohalevedu"[delivery of alcoholic beverages permitted] is indicated on the trade licence as a special condition. § 35. Obligation to give notice of change in data (1) An undertaking is required to notify the issuer of a trade licence immediately of any change of the person responsible for retail trade in alcoholic beverages or of a change in his or her official title or details. (2) The issuer of a trade licence is required to notify the authorised processor of the State Register of Undertakings Operating in Areas of Activity Subject to Special Requirements ofany changes in the information specified in clauses 31 (1) 2)-6) ofthis Act concerning undertakings which have the right of retail trade in alcoholic beverages. § 36. Suspension of right of retail trade in alcoholic beverages (1) In the interests of ensuring public order, the validity of a trade licence with regard to the right of retail trade in alcoholic beverages may be suspended until circumstances which cause the suspension cease to exist: 1) by the Government of the Republic, throughout the state;
2) by county governors, throughout the corresponding county; 3) by rural municipality and city governments, throughout the administrative territories thereof or with regard to particular places of business or to one place of business. (2) lithe validity of a trade licence with regard to the right of retail trade in alcoholic beverages is suspended throughout the state, a county or the administrative territory of a rural municipality or city government, the holder of the trade licence shall be notified thereof immediately through the media. (3) If the validity of a trade licence with regard to the right of retail trade in alcoholic beverages is suspended with regard to particular places of business or to one place of business, a corresponding notice shall be sent to the holder of the trade licence immediately. § 37. Revocation ofright ofretail trade in alcoholic beverages (1) The issuer of a trade licence shall revoke the right of retail trade in alcoholic beverages by its administrative act if the holder of the right so requests. (2) The issuer of a trade licence may revoke the right of retail trade in alcoholic beverages by its administrative act if any of the following occur: 1) submission ofinaccurate information upon application for the right of retail trade in alcoholic beverages; 2) retail trade in alcoholic beverages at a time when the right of retail trade in alcoholic· beverages was suspended; 3) retail trade in alcohol which is not permitted to be handled; 4) possession or storage ofalcohol which is not permitted to be handled in the place of business regardless of whether such alcohol belongs to the holder ofthe trade licence, an employee of the holder of the trade licence or a third person or the ownership of the alcohol is unclear and regardless of the purpose of possession or storage of such alcohol; 5) material violation ofan Act concerning a tax or repeated violation of an Act concerning a tax related to retail trade in alcoholic beverages in the given place of business; 6) sale ofalcoholic beverages to minors; 7) failure to comply with the special requirements arising from the provisions of § 42 of this Act. (3) A decision to revoke the right of retail trade in alcoholic beverages enters into force on the due date indicated in the administrative act issued concerning the matter. (4) After revocation of the right of retail trade in alcoholic beverages, the issuer of the trade licence shall immediately send a copy of the administrative act: 1) to the person regarding whom the decision to revoke the right is made; 2) to the authorised processor of the State Register of Undertakings Operating in Areas of Activity Subject to Special Requirements who shall delete the corresponding registration. § 38. Amendment of trade licence due to revocation of right of retail trade in alcoholic beverages If the light of retail trade in alcoholic beverages is revoked, the issuer of a trade licence shall amend the trade licence of the undertaking which held the right ofretail trade in alcoholic beverages and indicate on the amended trade licence that retail trade in alcoholic beverages is prohibited. § 39. Information concerning undertakings engaged in retail trade in alcoholic beverages Records on undertakings which have the light ofretail trade in alcoholic beverages are maintained: 1) in databases maintained by issuers of trade licences; 2) in the State Register of Undertakings Operating in Areas of Activity Subject to Special Requirements.
Subdivision 2 Requirements for Retail Trade in Alcoholic Beverages § 40. Restrictions upon retail trade in alcoholic beverages (1) Retail trade in alcoholic beverages is permitted : 1) in shops; 2) in catering establishments; 3) in accommodation establishments ; 4) on the premises and in the territories of performing arts institutions, community centres and museums; 5) on board watercraft and aircraft used to provide passenger services; 6) in restaurant cars of passenger trains; 7) in mobile shops; 8) at public events; 9) in sales premises located on the premises or in the territories ofvocational educational institutions used for the practical training ofstudents pursuant to the curricula of the said educational institutions; 10) on the premises and in the territories ofprimary schools, basic schools, upper secondary schools and vocational educational institutions if an event for adults takes place on such premises while the educational institution is not operating; 11) in the course of enforcement proceedings. (2) Retail trade in alcoholic beverages for consumption on the premises is permitted in places of business specified in clauses (1) 2)-6) and 8)-10) of this section . (3) The preparation of a mixture of alcohol (a drink consisting of two or more components at least one of which is an alcoholic beverage) is permitted in places of business where retail trade in alcoholic beverages for consumption on the premises is carried out if a consumer orders such a mixture. § 41. Prohibitions upon retail trade in alcoholic beverages (1) Retail trade in alcoholic beverages is prohibited on the premises and in the territories of the following agencies and organisations: 1) pre-school child care institutions, nursery-primary schools, primary schools, basic schools, upper secondary schools, vocational educational institutions, hobby schools and youth camps (except in the cases specified in clauses 40 (1) 9) and 10) of this Act); 2) health care institutions; 3) social welfare institutions; 4) custodial institutions; 5) units ofthe Defence Forces . (2) Retail trade in alcoholic beverages is prohibited: 1) in excise warehouses; 2) in motor vehicles used to provide passengers services; 3) in peddling (retailing by hand or using barrows, hand baskets, postable trays or boxes); 4) at the location ofevents for children during the time ofsuch events . (3) Retail trade in alcoholic beverages in street trading is prohibited. In order to ensure that the said prohibition is observed, it is prohibited to possess or store alcohol on sales premises for street trading regardless of the ownership ofsuch alcohol or the purpose of possession or storage ofsuch alcohol .
(4) If, upon retail trade in alcoholic beverages, restrictions concerning the selection of alcoholic beverages have been established by legislation, it is prohibited to possess or store alcoholic beverages not included in the selection on sales premises of alcoholic beverages regardless of the ownership of such alcoholic beverages or the purpose of possession or storage thereof. § 42. Competence of local governments in regulating retail trade in alcoholic beverages (1) In its administrative territory, a local government council may: 1) establish restrictions concerning the selection, places of sale and forms of sale in retail trade in alcoholic beverages in addition to the provisions of § § 40 and 41 of this Act; 2) restrict the time for trade in alcoholic beverages. (2) Upon grant of the right of retail trade in alcoholic beverages, the issuer of a trade licence has the right to establish additional conditions to retail trade in alcoholic beverages pursuant to the provisions of subsection (1) of this section which shall be entered on the trade licence. § 43. Selling price of alcoholic beverages (1) The selling price of alcoholic beverages must be indicated upon retail trade in alcoholic beverages. (2) The selling price of alcoholic beverages shall not be indicated in a manner displaying the initial selling price and new selling price of an alcoholic beverage to the consumer simultaneously. (3) The following shall be displayed together with the selling price of alcoholic beverages: 1) the type and name ofan alcoholic beverage; 2) in the case of beer, the colour; 3) the quantity ofthe alcoholic beverage corresponding to the selling price indicated, upon retail trade in alcoholic beverages for consumption on the premises. § 44. Existence ofcash register and requirement of use thereof Retail trade in alcoholic beverages in shops and catering establishments is permitted on the condition that there is a cash register in the place of business and all transactions performed upon the retail trade in alcoholic beverages shall be registered using the cash register. § 45. Measures to ensure order and security (1) It is prohibited to sell alcoholic beverages to intoxicated persons. (2) A seller shall not knowingly serve any persons who buy alcoholic beverages for the purpose of offering or handing the alcoholic beverages over to intoxicated persons. (3) On sales premises where retail trade in alcoholic beverages is carried out for consumption on the premises, the seller has the right not to serve any persons who consume alcoholic beverages obtained outside the sales premises and has the right to request that such persons leave. Chapter 3 Restrictions on Consumption of Alcoholic Beverages § 46. Prohibition on consumption of alcoholic beverages for minors Minors shall not consume alcoholic beverages. § 47. Measures to enforce prohibition on consumption of alcoholic beverages for minors (1) Minors shall not obtain alcoholic beverages. (2) It is prohibited to transfer alcoholic beverages to minors . In order to observe the above mentioned prohibition, a seller may demand identification from the buyer and refuse to sell alcoholic beverages if the buyer fails to present such identification . ( 3) Minors shall not be employed for work related to the handling of alcohol. (4) Adults are prohibited from buying alcoholic beverages for, offering alcoholic beverages to and handing alcoholic beverages over to minors.
(5) A seller shall not knowingly serve any person who buys alcoholic beverages for the purpose ofoffering or handing the alcoholic beverages over to minors. (6) Providers ofdelivery services ofalcoholic beverages are prohibited from handing alcoholic beverages over to a minor. In order to observe the above-mentioned prohibition, an employee of the service provider may demand identification from the person who ordered alcoholic beverages and refuse to hand alcoholic beverages over ifthe person who ordered alcoholic beverages fails to present such identification. (7) Minors do not have the right to send or receive alcoholic beverages in postal consignments. § 48. Consumption ofalcoholic beverages in public places Consumption ofalcoholic beverages in public places is permitted: 1) in places where retail trade in alcoholic beverages is carried out for consumption on the premises, ifthe alcoholic beverages are obtained in the said place ofsale; 2) in the cases prescribed in legislation issued by local government councils. Chapter 4 Supervision § 49. Supervisory authorities Supervision over compliance with the special requirements and restrictions established by this Act is exercised, according to their competence, by the following: 1) taxation officials; 2) border guard officials; 3) police officers (except security police officers); 4) officials ofconsumer protection authorities; 5) health protection officials; 6) customs officials; 7) officials ofthe Veterinary and Food Board; 8) officials ofa rural municipality or city government. § 50. Rights ofpersons exercising supervision A person exercising supervision has the right to: 1) monitor compliance with this Act without hindrances and without giving prior notice; 2) enter the territory, buildings, structures and premises of a handler ofalcohol, and open the means oftransport of a handler ofalcohol in the presence ofthe handler or a representative thereof; 3) demand immediate presentation ofdocuments concerning the handling ofalcohol and the provision of explanations, receive excerpts from and copies ofall relevant documents presented to him or her, verify received information on site, take notes and, with the lmowledge of the handler of alcohol or a representative thereof, use equipment to record the facts; 4) take samples for laboratory analysis and refer such samples for analysis to a laboratory approved to perform the relevant analyses; 5) take samples and submit such samples for comparison to the authorised processor ofthe State Register of Alcohol or to persons whose intellectual property rights may be infringed by the handling ofsuch alcohol or to holders ofthe rights or representatives ofsuch persons; 6) demand termination of an offence; 7) seal storage facilities of alcohol which is or may be subject to confiscation; 8) ifalcohol which is or may be subject to confiscation is discovered in a motor vehicle or a trailer attached to a motor vehicle, direct the motor vehicle to the nearest location where the
confiscated alcohol can be stored in order to unload the alcohol transported in the vehicle or trailer; 9) obtain, for official purposes, any data from the State Register of Alcohol and the State Register of Undertakings Operating in Areas of Activity Subject to Special Requirements; 1 0) make a reasoned proposal to the issuer ofa trade licence to revoke the right of retail trade in alcoholic beverages and to receive a reasoned response to such proposal from an appropriate official. § 51. Competence ofpolice authorities upon ensuring public order (1) A police prefecture may, in the interests of ensuring public order, malce a reasoned proposal to: 1) the county governoror the rural municipality or city government to suspend the right ofretail trade in alcoholic beverages pursuant to the provisions ofclauses 36 (1) 2) and 3) ofthis Act; 2) the issuer ofa trade licence to refuse grant ofthe right of retail trade in any alcoholic beverages or in alcoholic beverages with a certain ethanol content or in alcoholic beverages of a certain type at a public event. (2) An appropriate official shall give notice ofacceptance or rejection of a proposal specified in subsection (1) of this section to the police prefecture which submitted the proposal. § 52. Storage ofconfiscated alcohol (1) Alcohol which is or may be subject to confiscation shall be stored in the physical evidence storage facility of the agency ofthe official who confiscated the alcohol or in other premises in possession ofthe agency until further disposal ofthe alcohol is decided. (2) Ifit is not possible to store the amount ofconfiscated alcohol in the physical evidence storage facility ofthe agency ofthe official who confiscated the alcohol or in other premises in possession ofthe agency, confiscated alcohol shall be deposited into storage with liability in a customs warehouse or customs terminal regardless ofwhich agency employs the official who confiscated the alcohol . (3) Storage of confiscated alcohol in a customs warehouse or customs terminal shall be organised by customs authorities . (4) The costs of storing confiscated alcohol in a customs w arehouse or customs terminal shall be prescribed in the state budget as costs intended for specific purposes. Chapter 5 Liability § 53. Violation of procedure for handling of alcohol (1) Trade in alcohol which is not permitted to be handled or the possession, storage or distribution of such alcohol for commercial purposes is punishable by a fine of up to 300 fine units or by detention. (2) The same act, if committed by a legal person, is punishable by a fine ofup to 50 000 leroons. (3) An extra-judicial body specified in clauses 73 (2) 2)-4) and 7) ofthis Act or a court shall confiscate the substance or object which was the direct object ofcommission of a misdemeanour provided for in this section . (19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387) § 54. Acquisition, possession and distribution ofalcohol which is not permitted to be handled (1) The acquisition, possession or distribution ofalcohol which is not pennitted to be handled is punishable by a fine ofup to 100 fine units or by detention.
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(2) An extra-judicial body specified in clauses 73 (2) 2)-4) and 7) ofthis Act or a court shall confiscate the substance or object which was the direct object of commission of a misdemeanour provided for in this section. ( 19.06.2002 entered into force 01.09.2002 RT I 2002, 63, 387)- § 55. Manufacture, possession, delivery, acquisition or transfer ofappliances for distillation of fusel ( 1) The manufacture, possession, delivery, acquisition or transfer ofan appliance for the distillation offusel is punishable by a fine ofup to 200 fine units or by detention. (2) The same act, if committed by a legal person, is punishable by a fine ofup to 30 000 !aoons. (3) An extra-judicial body specified in clauses 73 (2) 2)-4) and 7) of this Act or a court shall confiscate the object which was the direct object of commission ofa misdemeanour provided for in this section. ( 19.06.2002 entered into force 0 1.09.2002 - RT I 2002, 63, 387) § 56. Submission of false information and failure to submit information ( 1) The submission of inaccurate information or failure to submit information subject to submission on time or failure to submit information subject to submission to the authorised processor ofthe State Register of Alcohol or the authorised processor ofthe State Register of Undertakings Operating in Areas ofActivity Subject to Special Requirements or the issuer of trade licences or failure to perform the obligation provided for in subsection 13 (4) ofthis Act is plmishable by a fine ofup to 300 kroons . (2) The same act, if committed by a legal person, is punishable by a fine ofup to 50 000 kroons. § 57. Concealment of place ofbusiness ( 1) The import of, wholesale trade in or export ofalcohol through a place ofbusiness not indicated in a registration is punishable by a fine of up to 300 fine units. (2) The same act, if committed by a legal person, is punishable by a fine ofup to 50 000 !aoons. § 58. Absence ofaccompanying document ( 1) The export of, whosesale trade or retail trade in or distribution of alcohol for commercial purposes without an accompanying document which conforms to the requirements is punishable by a fine ofup to 300 fine units. (2) The same act, if committed by a legal person, is punishable by a fine ofup to 50 000 !aoons . § 59. Failure to submit accompanying document at moment ofinspection ( 1) FailUre to submit, at the moment ofinspection, an accompanying document upon the export of, whosesale trade or retail trade in or distribution ofalcohol for commercial purposes is punishable by a fine ofup to 1 00 fine units. (2) The same act, if committed by a legal person, is punishable by a fine ofup to 20 000 !aoons. § 60. Failure to prepare accompanying document ( 1) Failure to prepare an accompanying document which meets the requirements upon wholesale trade in or export ofalcohol is punishable by a fine ofup to 200 fine muts. (2) The same act, if committed by a legal person, is pmushable by a fine ofup to 30 000 !aoons. § 61. Failure to comply with requirement for non-cash settlement ( 1) Failure to comply with the requirement ofnon-cash settlement provided by this Act upon the acquisition or sale ofalcohol is punishable by a fine ofup to 300 fine units. (2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 !aoons. § 62. Failure to register transaction upon retail trade in alcoholic beverages ( 1) Failure to register a tr'ansaction using the cash register upon retail trade in alcoholic beverages is pmlishable by a fine ofup to 200 fine units .
(2) The same act, if committed by a legal person, is punishable by a fine of up to 30 000 kroons . § 63 . Failure to disclose information concerning selling price of alcoholic beverages ( 1) Failure to disclose information concerning the selling price of alcoholic beverages or disclosure of such information which does meet the requirements upon retail trade in alcoholic beverages is punishable by a fine ofup to 1 00 fine units. (2) The same act, if committed by a legal person, is punishable by a fine of up to 20 000 kroons . § 64 . Possession or storage of alcohol on sales premises for street trading ( 1) The possession or storage of alcohol on sales premises for street trading is punishable by a fine of up to 200 fine units . (2) The same act, if committed by a legal person, is punishable by a fine of up to 30 000 kroons. § 65. Violation of restrictions and prohibitions applying to retail trade in alcoholic beverages (1) Retail trade in alcoholic beverages without a licence or at a time when retail trade in alcoholic beverages was not permitted or violation ofother restrictions and prohibitions applying to retail trade in alcoholic beverages, if elements of another misdemeanour specified in this Chapter are not present, is punishable by a fine of up to 300 fine units . (2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons . § 66. Violation of requirements for provision ofdelivery services of alcoholic beverages ( 1) Violation of the requirements for the provision of delivery services of alcoholic beverages is punishable by a fine of up to 200 fine units. (2) The same act, if committed by a legal person, is punishable by a fine ofup to 30 000 kroons. § 67. Violation ofage limit upon handling of alcoholic beverages (1) Violation of the age limit upon the handling ofalcoholic beverages is punishable by a fine of up to 200 fine units. (2) The same act, if committed by a legal person, is punishable by a fine of up to 30 000 kroons. § 68. Sale of alcoholic beverages to intoxicated persons ( 1) The sale of alcoholic beverages to an intoxicated person is punishable by a fine of up to 200 fine units. (2) The same act, if committed by a legal person, is punishable by a fine of up to 30 000 leroons . § 69 . Purchase of alcoholic beverages for minors or intoxicated persons The purchase of alcoholic beverages for a minor or an intoxicated person is punishable by a fine of up to 50 fine units. § 70. Consumption of alcoholic beverages in public places or appearance in public places while intoxicated The consumption of alcoholic beverages on the street, in a stadium, green area, park, public transport vehicle or another public place, except in the case prescribed by legislation issued by a local govenunent council or in a place where retail trade in alcoholic beverages is carried out for consumption on the premises, or appearance in a public place while intoxicated which offends human dignity and public morality is punishable by a fine of up to 1 00 fine units or by detention . § 71. Consumption of alcoholic beverages by minors The consumption of alcoholic beverages by a minor is punishable by a fine of up to 1 0 fine units . § 72. Purchase of alcoholic beverages by minors The purchase of alcoholic beverages by a minor is punishable by a fine of up to 20 fine units . § 73. Proceedings ( 1) The provisions of the General Part ofthe Penal Code and the Code of Misdemeanour Procedure apply to misdemeanours provided for in § § 53-72 of this Act .
(2) The following extra-judicial bodies conduct proceedings in matters ofmisdemeanours provided for in §§ 53-72 ofthis Act: 1) the Tax Board; 2) the Border Guard Administration; 3) the Central Criminal Police; 4) a police prefecture; 5) the Consumer Protection Board; 6) the Health Protection Inspectorate; 7) the Customs Board; 8) the Veterinary and Food Board; 9) a rural municipality or city government. § 74. Accrual offines Ifthe extra-judicial body which imposed a fine as a warning or a fine is a rural municipality or city government, fines imposed as a warning and fines imposed for misdemeanours provided for in § § 53-72 ofthis Act shall be transferred to the budget ofthe local government who made the decision . (19 .06.2002 entered into force 01 .09 .2002 - RT I 2002, 63, 387) § 75. Operations performed with confiscated substances and objects (1) Confiscated alcohol shall be destroyed or sold for processing for teclmical purposes . (2) The transferor of confiscated alcohol has the right to request that a person who wishes to acquire such alcohol submit proofcertifying the person 's intention and opportunities to use the alcohol for technical purposes and to verify the correctness ofinformation submitted, including in the enterprise ofthe said person. (3) The transferor ofconfiscated alcohol shall send, not later than on the date ofdelivery ofsuch alcohol, a notice to the Customs Board and the Veterinary and Food Board concerning the quantity ofalcohol transferred and the person who acquired the alcohol. (4) The Customs Board and the Veterinary and Food Board have the right to monitor further use ofconfiscated alcohol in an enterprise ofthe person who acquired such alcohol. (5) Confiscated appliances for the distillation of fusel shall be destroyed. Chapter 6 Irnplem ntation of Act § 76. Transitional provisions (1) Activity licences specified in clauses 10 (2) 1)-6) ofthe Alcohol Act (RT I 1999, 24, 359; 58, 610; 92, 827; 102, 907; RT III 2000, 12, 125; RT I 2001, 18, 87) which is repealed shall be valid, ifthe activities permitted by the activity licence are not contrary to the provisions ofthis Act, until a registration is made in the State Register of Undertakings Operating in Areas of Activity Subject to Special Requirements concerning the holder ofthe licence but not for longer than the date ofexpiry indicated on the activity licence . (2) Activity licences specified in clauses 10 (2) 7)-10) ofthe Alcohol Act which is repealed shall be valid, ifthe activities permitted by the activity licence are not contrary to the provisions of this Act, lmtil the trade licence issued to the holder of the licence is brought into conformity with legislation but not for longer than the date ofexpiry indicated on the activity licence. (3) Product samples collected for preservation in the State Register of Alcohol prior to entry into force ofthis Act, except product samples ofvodka, shall be returned to undertakings which submitted the product samples when preservation ofsuch product samples is no longer necessary. A product sample shall be returned on the initiative ofeither the undertaking which
submitted the product sample or the authorised processor ofthe register and a report shall be prepared concerning the return ofthe product sample. The opinion ofone or several supervisory agencies concerning the need for further preservation ofa product sample may be obtained. C4) Legislation issued on the basis ofthe Alcohol Act which is repealed shall be in force insofar as such legislation is not contrary to this Act and until new legislation is passed but not for longer than four months as ofentry into force ofthis Act . § 77. Repeal ofearlier Act The Alcohol Act CRT 1 1999, 24, 359; 58, 6 1 0; 92, 827; 1 02, 907; RT III 2000, 12, 125; RT I 2001, 18, 87) is repealed . § 78 . Entry into force of Act This Act enters into force concurrently with the Penal Code. 1 RT Riigi Teataja = State Gazette= 2 Ametlikud Teadaanded = Official Notices