Alkoholiseadus (AS)

§ 1. Scope of application of Act

(1) This Act provides special requirements for the handling of alcohol, restrictions on the consumption of alcoholic beverage, organisation of state supervision over compliance with the special requirements and restrictions, and liability for violations of this Act.

(2) Special requirements are requirements which apply to operations performed with alcohol in addition to the provisions of other legislation.

(3) This Act does not apply to:

1) medicinal products, which contain ethanol, within the meaning of the Medicinal Products Act;

2) synthetic alcohol, ester-aldehyde fraction, fusel oil and denatured alcohol, unless these substances are handled as alcohol for the purposes of this Act;

3) alcohol exempt from excise duty on the basis of clauses 1, 1¹ and 9–18 of subsection 1 of § 27 of the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act;

4) alcoholic beverages delivered into Estonia by a traveller in baggage with which the traveller is travelling for use for non-commercial purposes;

5) alcoholic beverages sent from a foreign state to a natural person who is at least 18 years of age for use in Estonia for non-commercial purposes, or alcoholic beverages which a natural person sends to a foreign state for non-commercial purposes;

6) alcohol sent, for comparative testing, in a postal consignment by a foreign laboratory to an Estonian laboratory approved to perform the relevant analyses or alcohol sent by an Estonian laboratory approved to perform the relevant analyses to a foreign laboratory;

8) alcoholic beverages produced under the conditions provided for in subsection 6 of § 21 of the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act.

(3¹) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.

(4) For the purposes of this Act, approved laboratory means a laboratory, accredited to perform analyses of alcohol, which has acquired the right to operate as an approved laboratory. The procedure for the grant, amendment, suspension and revocation of the right to operate as an approved laboratory shall be established by the Government of the Republic.

(4¹) A laboratory located in another Member State of the European Union to whom the Member State has granted the right to perform analyses of alcohol and a laboratory located in a non-Union country of whose right to perform analyses of alcohol the European Commission has notified is also deemed to be an approved laboratory.

(5) For the purposes of this Act, the definitions of European Union, Member State and third country are used within the meaning of § 1¹ of the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act.

(6) For the purposes of this Act, Union alcohol is deemed to be alcohol with Union goods status within the meaning of Article 5 (23) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 269, 10.10.2013 pp. 1–101) (hereinafter the Customs Code).

(7) For the purposes of this Act, conveyance to Estonia means the release for free circulation, within the meaning of the Customs Code, of alcohol brought into Estonia from a third country, or conveyance of alcohol to Estonia from another Member State.

(8) For the purposes of this Act, the definition of release for consumption of alcohol is used within the meaning of § 4¹ of the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act.

§ 2. Alcohol

(1) Alcohol means a food group consisting of spirit and alcoholic beverages.

(2) Spirit means a liquid which is obtained by the fermentation and subsequent processing of raw materials of agricultural origin and the ethanol content of which is at least 96 per cent by volume.

(3) Alcoholic beverage means beer with ethanol content of more than 0.5 per cent by volume and other liquids intended for human consumption with ethanol content of more 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 ethanol content of more than 22 per cent by volume.

(6) Low-alcohol beverage means an alcoholic beverage with ethanol content of up to 22 (inclusive) per cent by volume.

(7) Alcoholic beverage with low ethanol content means an alcoholic beverage with ethanol content of up to 6 (inclusive) per cent by volume.

(8) Ethanol content means the strength of alcohol in per cent by volume which expresses the ratio of the volume of ethyl alcohol measured at 20 °C to the total volume of alcohol at the same temperature.

§ 3. Handling of alcohol

(1) The following operations performed with regard to the said food group shall be deemed to be handling of alcohol:

1) manufacturing, processing and bottling or packaging (hereinafter production);

2) import within the meaning of § 10 of the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act (hereinafter import);

3) export within the meaning of § 11 of the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act (hereinafter export);

4) offer for sale or sale by an undertaking to another undertaking or to another person who is not a consumer within the meaning of the Consumer Protection Act (hereinafter wholesale);

5) offer for sale, sale or entry into any contract under the law of obligations or making available or transferring to a consumer, within the meaning of the Consumer Protection Act, on any legal basis within the framework of economic activities (hereinafter retail);

6) possession, storage or distribution for commercial purposes.

(2) Operations specified in clause 6 of subsection 1 of this section have a commercial purpose if such operations are directed at the sale, processing, packaging or use in barter transactions of alcohol which is at the disposal of a person.

(3) It is prohibited to possess or store alcohol on the sales premises of an undertaking or establishment operating in the area of activity of wholesale trade, retail trade or catering or in a warehouse which belongs thereto or in any other storage facility of goods regardless of the ownership of such alcohol or the purpose of possession or storage of such alcohol if there is no definition of the alcohol being handled pursuant to subsections 2 and 4–7 of § 2 of this Act in respect of the place of business specified in the information in the register of economic activities.

(4) The provisions of subsection 3 of this section do not apply to alcohol used as raw material for the preparation of food, except in the case provided for in subsection 3 of § 40 of this Act.

§ 4. Alcohol permitted 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;

4) conform to the characteristics indicated in the record of test results or certificate (hereinafter test protocol) submitted upon entry of the alcohol in the state register of alcohol;

5) conform, with regard to consumer packaging and labelling thereof, to the product sample submitted upon entry of the alcohol in the state register of alcohol;

6) be revenue stamped in the cases provided for in the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act.

(2) Requirements for the definition, description and presentation for sale of alcohol shall be established by the Government of the Republic.

(3) The list of items of information to be included in test protocols shall be established by the minister in charge of the policy sector.

(4) The provisions of clauses 1–5 of subsection 1 of this section do not apply to:

1) alcohol permitted to be handled to a restricted extent if the requirements which restrict the handling of such alcohol are observed;

2) alcohol which is placed under a customs procedure other than the customs procedure specified in clause 2 of subsection 1 of § 3 of this Act if the requirements established by legislation which restrict the handling of such alcohol are observed;

3) alcohol which is on board or is brought on board of watercraft or aircraft used for international carriage of passengers;

4) Union alcohol conveyed to Estonia which is not released for consumption or used for production;

5) Union alcohol in cases specified in subsections 2 and 3 of § 6 of this Act;

6) alcohol conveyed to Estonia which has been released for consumption in another Member State but the state of destination of which is not Estonia;

7) alcohol conveyed to Estonia for the introduction thereof at a trade fair, exhibition or some other similar event.

§ 5. Exceptions with regard to labelling on consumer packaging of alcoholic beverage

(1) For the purposes of this Act, consumer packaging of alcoholic 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 of an alcoholic beverage may be in a foreign language if correct information in Estonian which is based on the original text is provided upon the sale of goods.

(3) If the consumer packaging of an alcoholic beverage requires special operating skills, instructions for use in Estonian must accompany such consumer packaging.

(4) If an undertaking conducting wholesale of an alcoholic beverage in consumer packaging has the written permission of the producer of the alcoholic beverage to specify or improve in any other manner the labelling on the consumer packaging of the alcoholic beverage provided by the producer, the undertaking may do so provided that:

1) the labelling provided by the producer is not covered by additional labelling, it is not removed, corrected and no other acts are performed with regard thereto which could give reason to believe that the labelling is falsified;

2) additional labelling is not contrary to the requirements provided by legislation or the labelling provided by the producer;

(5) A revenue stamp attached to consumer packaging or a marking indicating the size of packaging deposit affixed to consumer packaging is not deemed to be labelling on consumer packaging of alcoholic beverages.

(6) The requirements for labelling on consumer packaging established by national legislation do not apply to alcoholic beverages produced for export if the labelling on the consumer packaging of the alcoholic beverage meets the requirements of the third country.

§ 6. Alcohol permitted to be handled to restricted extent

(1) An undertaking which complies with the requirements provided for in subsection 2 of § 9 of this Act may produce alcohol in the course of tests prior to entry in the state register of alcohol in order to perform operations necessary for further handling of the alcohol or apply for the performance of such operations.

(2) An undertaking operating in the area of activity of retail trade, wholesale trade or catering, and in respect of whom the information in the register of economic activities contains the definition of the corresponding alcohol, may import or convey from another Member State to Estonia alcohol which is not entered in the state register of alcohol if it is:

1) a product sample which is to be submitted for research to an Estonian laboratory approved to perform the relevant analyses;

2) alcohol which is not packaged in consumer packaging and is sealed in any container and is to be submitted for research to an Estonian laboratory approved to perform the relevant analyses;

3) a product sample which is to be submitted to the processor of the state register of alcohol for the making of an register entry.

(3) An undertaking operating in the area of activity of retail trade, wholesale trade or catering, and whose information in the register of economic activities contains the definition of the corresponding alcohol, may receive alcoholic beverages not entered in the state register of alcohol from a foreign undertaking and deliver such alcoholic beverages to a foreign undertaking for examination and, if necessary, for presentation of the beverages to third persons; whereas, the total weight of the consignment of goods and transport packaging thereof shall not exceed 20 kg.

(6) Alcohol which has not been entered in the state register of alcohol and which has been imported or conveyed to Estonia from another Member State pursuant to subsections 2 and 3 of this section may be used only:

1) for the purpose indicated in the customs declaration prepared with regard to such alcohol if the alcohol is imported;

2) for the purpose indicated in the accompanying documents prepared with regard to such alcohol if the alcohol is conveyed to Estonia from another Member State.

(7) The export and wholesale of such alcoholic beverages which are produced in accordance with the provisions of subsection 1 of § 35 of the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act is prohibited. Retail in such alcoholic beverages is permitted only for the producers of such alcoholic beverages.

§ 7. Alcohol not permitted to be handled

(1) It is prohibited to handle:

1) alcohol which does not conform to the requirements provided for in subsection 1 of § 4 of this Act;

2) alcohol permitted to be handled to a restricted extent in violation of the requirements which restrict the handling of such alcohol;

3) spirit the packaging of which is identical or confusingly similar to the consumer packaging of an alcoholic beverage;

4) alcoholic beverages, in consumer packaging, the ethanol content of which exceeds 80 per cent by volume;

5) fusel;

7) synthetic alcohol, ester-aldehyde fraction, fusel oil and denatured alcohol if these substances are handled as alcohol for the purposes of this Act.

(2) Fusel means home-produced strong alcoholic beverages which are obtained from the distillation of a compound liquid formed by alcoholic fermentation and which contain fusel oils.

(4) An undertaking shall ensure that there is no alcohol not permitted to be handled anywhere on the premises or in the territories of its enterprise regardless of the ownership of such alcohol or the purpose of possession or storage of such alcohol.

(5) A quantity of alcohol not permitted 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 6 of § 46 of the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act by twenty-five times or more.

(6) It is prohibited to own or possess an appliance for the distillation of fusel; the police shall be notified immediately if such appliance is found. An appliance for the distillation of fusel may be exhibited in a state or municipal museum as a museum object and with the consent of the Police and Border Guard Board in a collection of a private museum. The Police and Border Guard Board has the right to refuse to grant consent if this would bring along a significant risk of illegal handling of alcohol.

§ 8. General principles of operation of state register of alcohol

(1) The main objectives of maintaining the state register of alcohol (hereinafter in this Subchapter register of alcohol) are:

1) in cases provided by this Act, entry of alcohol into the register of alcohol (making of register entry);

2) processing of data concerning alcohol entered in the register of alcohol;

3) storage of product samples collected to be preserved in the register of alcohol;

4) comparing product samples of alcoholic beverages obtained upon the exercise of state supervision with product samples or other material preserved in the register of alcohol.

(1¹) The purpose of the register of alcohol is to publish information about alcohol produced in and conveyed to Estonia and to enable the keeping of records of and exercise of supervision over the handling of said alcohol.

(2) The statutes of the register of alcohol shall be established by a regulation of the minister in charge of the policy sector.

(3) The controller of the register of alcohol is the Ministry of Regional Affairs and Agriculture and the processor shall be set out in the statutes of the register of alcohol.

(4) The following shall be entered in the register of alcohol:

1) names and contact details of applicants, producers of alcohol and persons who convey alcohol to Estonia or consignees;

2) data on the name, type, ethanol content and consumer packaging of alcohol and other relevant information;

3) data on the lot numbers, quantities and consignees of wine despatched for export, wholesale or retail and other relevant information.

§ 9. Application for making of register entry

(1) In the case of alcohol produced in Estonia, entry of the alcohol in the register of alcohol shall be applied for by the producer of the alcohol. If there are several producers, the undertaking which releases the alcohol for consumption in its own name shall be the applicant.

(2) An applicant specified in subsection 1 of this section shall hold an excise warehouse activity licence provided for in § 38 of the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act and the enterprise where the alcohol is produced shall meet the requirements provided for in the Food Act.

(2¹) In the case of Union alcohol in consumer packaging conveyed to Estonia, entry of the alcohol in the register of alcohol shall be applied for by the person in whose name the alcohol is released for consumption.

(2²) In the case of Union alcohol not packaged in consumer packaging conveyed to Estonia, entry of the alcohol in the register of alcohol shall be applied for by the person in whose name the alcohol is released for consumption or by the person who uses such alcohol for production.

(2³) In the case of alcohol released for consumption in another Member State and conveyed to Estonia for commercial purposes, entry of the alcohol in the register of alcohol shall be applied for by the consignee of the alcohol.

(3) In the case of imported alcohol, entry of the alcohol in the register of alcohol shall be applied for by the importer of the alcohol.

(4¹) A state fee shall be paid for review of an application for the entry of alcohol in the register pursuant to the rate provided for in the State Fees Act.

(5) Requirements for the format of applications submitted for the making of an entry in the register of alcohol shall be established by the minister in charge of the policy sector.

(6) If the relevant service has been opened in a data exchange layer of the state information systems, an application specified in this Act which is submitted through a data exchange layer of the state information systems need not be accompanied by a digital signature.

§ 10. Material accompanying applications submitted for making of register entry

(1) For an alcoholic beverage in consumer packaging to be entered in the register of alcohol, the following shall be submitted to the processor of the register of alcohol together with a corresponding application:

3) the test protocol issued by an approved laboratory;

4) samples or colour photos of labels used on the consumer packaging of the alcoholic beverage;

5) the original copy of the customs declaration accepted by the customs authorities concerning the import of the product sample; whereas, 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 of imported alcoholic beverages);

6) the delivery note provided for in § 45 of the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act for Union alcohol conveyed to Estonia;

7) the written permission of the producer to specify or improve in any other manner the labelling on the consumer packaging of the alcoholic beverage provided by the producer (for alcoholic beverages in consumer packaging with additional labelling).

(2) For alcohol not packaged in consumer packaging to be entered in the register of alcohol, the following shall be submitted to the processor of the register of alcohol together with a corresponding application:

2) the test protocol issued by an approved laboratory;

3) the customs declaration for imported alcohol;

4) the delivery note provided for in § 45 of the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act for Union alcohol conveyed to Estonia.

(2¹) For the entry of wine products in the register of alcohol, accompanying documents established by the following legislation may be submitted instead of the test protocol specified in clause 3 of subsection 1 and in clause 2 of subsection 2 of this section:

1) Commission Regulation (EC) No. 555/2008 laying down detailed rules for implementing Council Regulation (EC) No. 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ L 170, 30.06.2008, pp. 1–80);

2) Commission Regulation (EC) No. 436/2009 laying down detailed rules for the application of Council Regulation (EC) No. 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept (OJ L 128, 27.05.2009, pp. 15–53).

(2²) The customs declaration specified in clauses 5 and 6 of subsection 1 and in clauses 3 and 4 of subsection 2 of this section or the delivery note provided for in § 45 of the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act need not be submitted with the application if the said documents are available to the processor of the register of alcohol through the relevant electronic system of the Tax and Customs Board.

(3) Besides material which is subject to compulsory submission, an applicant may submit other documents and samples to the processor of the register of alcohol if such documents or samples may prove necessary upon the review of the application or facilitate the exercise of state supervision.

(4) The original copy of a document on paper submitted together with an application for alcohol to be entered in the register of alcohol shall be returned to the person who submitted the document immediately after an employee of the processor of the register of alcohol has made an officially certified copy of the original document.

§ 11. Making of register entry

(1) The entry of alcohol in the register of alcohol shall be decided within ten working days as of the date of receipt of the corresponding application and material which is subject to compulsory submission.

(2) The processor of the register of alcohol may, in order to decide the making of a register entry:

1) ask for more specific information concerning the written or oral information submitted by the applicant and make enquiries to verify the correctness of the submitted information;

1¹) require the applicant to present a product sample for verifying the correctness of information;

2) request from the applicant a translation into Estonian of a 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 of alcohol in the register of alcohol is certified by a certificate prepared by the processor of the register of alcohol and issued, immediately after the register entry is made, to the undertaking which applied for the alcohol to be entered in the register of alcohol.

(4) Where making of a register entry is applied for, the applicant for the making of the register entry is responsible for the correctness of the information submitted by the applicant.

§ 12. Refusal to make register entry

(1) The processor of the register of alcohol shall refuse to enter alcohol in the register of alcohol if the applicant:

1) does not hold a valid excise warehouse activity licence or if the alcohol has been produced by an economic operator operating in Estonia who does not hold an activity licence for handling food or who has failed to submit a notice of economic activities concerning the handling of food;

3) fails to submit the documents specified in subsection 1 or 2 of § 10 of this Act or other materials;

4) 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) has submitted a product sample which is clearly deformed or damaged;

6) submits falsified or fictitious documents or if submitted documents do not comply with the requirements or cannot be used to identify the given product sample;

7) has failed to comply with the request of the processor of the register of alcohol to supply a translation specified in clause 2 of subsection 2 of § 11 of this Act;

8) has not paid the state fee.

(2) An undertaking which has submitted an application shall be notified of a refusal to make a register entry in writing, with a reasoned explanation, no later than on the working day following the date of refusal to make the register entry.

(5) If entry of an alcoholic beverage in the register of alcohol is refused, the product sample shall be returned to the undertaking within 30 days as of the date of refusal to make the register entry. If refusal to enter an alcoholic beverage in the register of alcohol is contested, the product sample shall be returned to the undertaking after the final settlement of the complaint (unless subsections 1 or 3 of § 13 of this Act apply upon entry of the alcoholic beverage in the register of alcohol). A notation concerning the return of a product sample shall be made in the corresponding application.

(6) A refusal to make a register entry does not deprive an applicant of the right to re-apply for the alcohol to be entered in the register of alcohol.

§ 13. Samples of alcoholic beverages entered in register of alcohol

(3) If an undertaking on whose application an alcoholic beverage has been entered in the register of alcohol finds that in order to facilitate state supervision it is necessary to preserve in the register of alcohol a product sample of the alcoholic beverage entered in the register of alcohol, the undertaking may submit, at any time, a product sample to the processor of the register of alcohol for preservation in the register of alcohol.

(4) On the proposal of a law enforcement agency, the processor of the register of alcohol shall request, in order to facilitate state supervision, that the producer of an alcoholic beverage or a person who conveys it to Estonia immediately submit a product sample for preservation in the register of alcohol.

(5) A product sample submitted in the cases specified in subsections 3 and 4 of this section shall be returned to the undertaking which submitted the product sample when preservation thereof is no longer necessary. A product sample shall be returned on the initiative of either the undertaking which submitted the product sample or the processor of the register of alcohol. The opinion of one or several law enforcement agencies concerning the need for further preservation of a product sample may be obtained. If the provisions of subsection 4 of this section have been applied to a product sample, it is mandatory to obtain the opinion of the law enforcement agency on whose proposal the product sample was obtained for preservation. A report shall be prepared concerning the return of a product sample.

(6) If the health or property of other persons is at risk due to the spoilage of a preserved product sample, the processor of the register of alcohol has the right to destroy the spoiled product sample. A report shall be prepared concerning the destruction of the product sample and the undertaking who submitted the product sample shall be informed of the destruction.

(7) The undertaking who submitted a product sample destroyed pursuant to subsection 6 of this section is required to submit a new product sample during the period of time specified by the processor of the register of alcohol if preservation of a product sample of the alcoholic beverage in the register of alcohol is mandatory. The period of time specified for the submission of a new product sample shall be at least 30 working days.

§ 13¹. Duration of validity of register entry

(1) An entry in the register of alcohol is valid for a period of five years.

(2) If an undertaking submits a corresponding application to the processor of the register of alcohol at least 30 days before the expiry of the period of time specified in subsection 1 of this section, the validity of the register entry made on the undertaking’s application shall be renewed by a period of five years. A state fee shall be paid for review of an application for renewal of register entry pursuant to the rate provided for in the State Fees Act.

(3) The requirements provided in subsections 3–6 of § 14 of this Act apply to alcohol the register entry of which has become invalid due to the expiry of the period of time.

(4) The processor of the register of alcohol shall publish a notice that a register entry has become invalid on the website of the register of alcohol.

§ 14. Invalidation of register entry

(1) The processor of the register of alcohol shall invalidate a register entry if:

1) invalidation of the register entry is applied for by the undertaking on whose application alcohol was entered in the register of alcohol;

2) it has been established by a court judgment which has entered into force that the handling of alcohol entered in the register of alcohol damages the lawful rights of a third party and the court has notified the processor of the register of alcohol thereof;

3) an undertaking has submitted inaccurate information when applying for alcohol to be entered in the register of alcohol;

4) alcohol entered in the register of alcohol does not meet the requirements established for alcohol permitted to be handled.

(2) The processor of the register of alcohol shall immediately notify the undertaking which applied for the alcohol to be entered into the register of alcohol and law enforcement agencies of a decision to invalidate a register entry and shall organise the publication of a notice concerning the invalidation of the register entry in the official publication Ametlikud Teadaanded and on the website of the register of alcohol.

(3) Unless otherwise provided by law, a court judgment or court ruling or precept of a competent official, the production, use for production, import and release for consumption of alcohol the register entry of which has been invalidated shall be terminated on the third day after the decision to invalidate the register entry was made. Upon expiry of the above-mentioned period of time, alcohol the register entry of which has been invalidated shall be deemed to be alcohol not permitted to be handled, taking account of the provisions of subsection 4 of this section.

(4) The invalidation of a register entry has no legal effect with regard to alcohol produced, imported and released for consumption prior to the invalidation of the register entry unless otherwise provided by law, a court judgment or court ruling or precept.

(5) The product sample preserved in the register of alcohol for an alcoholic beverage the register entry of which has been invalidated shall not be returned to the undertaking which submitted the product sample. The product sample shall remain in the possession of the processor of the register of alcohol. When the preservation of the product sample is no longer necessary, the processor of the register of alcohol shall destroy the product sample and a report shall be prepared concerning the destruction of the product sample.

(6) The invalidation of a 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 of alcohol

(1) If the obligatory information on the labelling of the consumer packaging of an alcoholic beverage entered in the register of alcohol changes (except alterations to the producer’s lot code or the location thereof), the alcoholic beverage is subject to re-entry in the register of alcohol on the bases provided for in §§ 9–13 of this Act.

(2) The obligation to re-enter an alcoholic beverage in the register of alcohol does not apply if the alcoholic beverage entered in the register of alcohol is going to be placed on the market:

1) in same wrapping together with another alcoholic beverage or product other than alcoholic beverage;

2) in grouped packaging.

§ 16. Website of register of alcohol

(1) The following information shall be published on the website of the register of alcohol:

1) data concerning alcohol entered in the register of alcohol;

2) information concerning expired or invalidated register entries;

(2) The following information shall be published concerning alcohol entered in the register of alcohol:

2) the date of the register entry;

3) the type as the legal name of the alcoholic beverage for the purposes of Article 17 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, pp. 18–63) (hereinafter type);

4) the name;

5) the producer;

6) the country of origin or the point of origin in the case of wine;

7) the applicant;

8) the capacity of consumer packaging (in the case of alcoholic beverage in consumer packaging);

9) the ethanol content;

10) comments concerning consumer packaging, where necessary;

11) a colour photograph of the consumer packaging.

(3) Decisions of the processor of the register of alcohol concerning invalidated register entries shall be published.

§ 17. Records of producer’s lot codes

(1) A handler of alcohol shall keep records of alcohol produced or conveyed to Estonia thereby according to the producer’s lot codes used on the sales packaging of the alcohol.

(2) Undertakings engaged in the handling of wine shall submit to the processor of the state register of alcohol, by the 15th day of each month, a report prepared on paper or electronically concerning the wine despatched thereby for export, wholesale or retail during the previous month.

(3) The duties provided for in subsections 1 and 2 of this section do not apply to handlers who engage only in retail sale of alcohol.

(4) The procedure for submission of the report specified in subsection 2 of this section and the formal requirements for the report shall be established by the minister in charge of the policy sector.

§ 18. Documents upon import of alcohol

(1) Upon the import of alcohol, in addition to the requirements provided for in the customs rules, a customs officer shall verify the existence of an entry in the state register of alcohol indicating that the alcohol being imported has been entered in the state register of alcohol on the application of the importer.

(2) An entry in the state register of alcohol is not required upon the import of alcohol if a customs declaration is prepared concerning the alcohol pursuant to the provisions of subsection 2 or 3 of § 6 of this Act.

(3) In the cases specified in subsection 2 of § 6 of this Act, a corresponding notation shall be made in the customs declaration.

(4) A customs declaration concerning imported alcohol shall set out:

1) the definition of the alcohol pursuant to clause 1 of subsection 1 of § 21 of this Act;

§ 19. Documents upon export of alcohol

(4) A customs declaration concerning exported alcohol shall set out:

1) the definition of the alcohol pursuant to clause 1 of subsection 1 of § 21 of this Act;

§ 20. Settlement upon handling of alcohol

(1) Upon the import, wholesale and export of alcohol, payment for alcohol shall be made by way of non-cash settlement.

(2) The requirement provided for in subsection 1 of this section does not apply to alcohol intended for use on board watercraft or aircraft operating internationally.

§ 21. Document accompanying alcohol

(1) Wholesale and export of alcohol shall be formalised 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 of alcohol (type, name, producer, capacity of sales packaging, ethanol content, producer’s lot code; whereas, if lot number and year of production are used simultaneously, both must be indicated);

2) the number of the register entry concerning the alcohol handled if the alcohol has been entered in the state register of alcohol;

(2) Upon receipt of alcohol by way of wholesale, the conformity of the accompanying document to requirements and the conformity of the producer’s lot code to the lot code set out in the accompanying document shall be verified.

(3) Retail of an alcoholic beverage is permitted only if there is an accompanying document, which meets the requirements provided for in subsection 1 of this section, concerning the alcoholic beverage.

(4) An accompanying document which conforms to requirements shall be submitted to a law enforcement agency immediately at the request of the law enforcement agency, except in cases where submission of the accompanying document at the moment of inspection is impossible due to other obligations imposed on the undertaking by law.

§ 23. Notification obligation

(1) A notice of economic activities shall be submitted for engaging in the sale of alcohol in the following areas of activity:

1) retail trade;

2) wholesale trade;

3) catering.

(1¹) A notice of economic activities shall not be submitted for the sale of alcohol at a public event.

(2) In addition to that provided for in the General Part of the Economic Activities Code Act, a notice of economic activities shall set out the following information:

1) the place of business or places of business (determination of the place of business, name, and website address in the case of e-commerce);

2) the definition of the alcohol being handled pursuant to subsections 2 and 4–7 of § 2 of this Act, whereas the relevant information shall be set out for every place of business;

3) if an undertaking operating in the area of activity of wholesale trade wishes to engage in the import or export of alcohol, then information to that effect;

4) if an undertaking operating in the area of activity of retail trade or catering wishes to engage in the import or export of an alcoholic beverage, then information to that effect.

(3) The notification obligation provided for in this section shall only be performed through the Estonian information gateway or a notary.

(4) If a notice specified in subsection 1 of § 58 of the General Part of the Economic Activities Code Act is not submitted through the Estonian information gateway, it shall be submitted to the local government of the location of the undertaking who shall enter the information set out in the notice into the register of economic activities.

§ 26

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§ 29. Territorial restrictions upon wholesale of alcohol

The wholesale of alcohol is only permitted through the place of business specified in the information in the register of economic activities, except upon the export of alcohol or in the case alcohol is sold to the person who further handles the alcohol at the latter’s place of business.

§ 30. Prohibition on retail sale of spirit

Retail sale of spirit is prohibited.

§ 33

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§ 37

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§ 40. Restrictions upon retail sale of alcoholic beverage

(1) Retail sale of alcoholic beverage is permitted:

1) in places of business with a sales area that are in the possession of a trader engaged in retail trade and where goods are offered and sold (hereinafter shops);

2) in catering establishments;

2¹) outside the place of business of an undertaking if the undertaking operating in the area of activity of catering sells alcoholic beverages in the course of catering;

3) in accommodation establishments;

4) on the premises and in the territories of performing arts institutions, community centres and museums if it is carried out on the premises or in the territory of the establishment for consumption on the premises, or if takeaway alcoholic beverages are sold as a souvenir produced in connection with the exposition of the museum;

5) on board watercraft or aircraft used to provide passenger services;

6) in restaurant cars of passenger trains;

7) in a motor vehicle which has been adapted for the retail sale of goods and which travels on a route formed of places of business;

8) at public events;

9) in sales premises located on the premises or in the territories of vocational educational institutions used for the practical training of students pursuant to the curricula of the said educational institutions;

10) on the premises and in the territories of 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;

12) by e-commerce through shops or catering establishments belonging to an undertaking specified in the information in the register of economic activities.

(1¹) Retail sale of alcoholic beverages in places of business specified in clauses 1 and 7 of subsection 1 of this section is permitted from 10.00 to 22.00. This restriction does not apply in places of business located in the passenger zones of airports open for international traffic and on board watercraft or aircraft used for international carriage of passengers.

(1²) Alcoholic beverages shall be placed separately from other goods in a shop. Alcoholic beverages shall not be placed so as to inevitably expose consumers to them when visiting the shop and the display thereof shall not be noticeably visible from the rest of the sales area, except for the section of the sales area where the cash register is located and that is not accessible to consumers.

(1³) The display of alcoholic beverages shall not be noticeably visible from outside the place of business.

(2) Retail sale of alcoholic beverages for consumption on the premises is permitted only in places of business specified in clauses 2–6 and 8–10 of subsection 1 of this section. The sale of takeaway alcoholic beverages is prohibited from 22.00 to 10.00.

(2¹) Presentation of alcoholic beverages is permitted in a place of business specialised in the sale of alcoholic beverages, at a trade fair, fair or some other similar event with the exception of a location and duration of an event intended mainly for children. Presentation of alcoholic beverages is permitted in the alcohol section of a shop if the presentation of alcoholic beverages is not noticeably visible from the rest of the sales area.

(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, if a consumer orders such a mixture, in places of business where retail sale of alcoholic beverages for consumption on the premises is carried out.

(4) The provisions of the second sentence of subsection 1² and the provisions of subsection 1³ of this section shall not be applied to places of business on board a watercraft or aircraft used for international carriage of passengers and inside the security restricted area of an international airportand port.

§ 41. Prohibitions upon retail sale of alcoholic beverage

(1) Retail sale of alcoholic beverage is prohibited on the premises and in the territories of the following persons, authorities and organisations:

1) childcare institutions, preschools, basic schools, upper secondary schools, vocational educational institutions, youth work institutions, youth associations, hobby schools, youth camps and youth project camps (except in the cases provided for in clauses 9 and 10 of subsection 1 of § 40 of this Act);

2) health care providers;

3) social welfare institutions;

4) custodial institutions;

5) the Defence Forces.

(2) Retail sale of alcoholic beverage is prohibited:

1) in excise warehouses;

2) in motor vehicles used to provide passenger transport services;

3) in peddling (retailing by hand or using barrows, hand baskets, portable trays or boxes);

4) at the location of events for children during the time of such events.

(3) Retail sale of alcoholic beverages in places of business without a sales area is prohibited. In order to ensure that the said prohibition is observed, it is prohibited to possess or store alcohol in places of business without a sales area regardless of the ownership of such alcohol or the purpose of possession or storage of such alcohol.

(4) If, upon retail sale of 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 permitted selection on sales premises of alcoholic beverages regardless of the ownership of such alcoholic beverages or the purpose of possession or storage thereof.

(5) Handing alcoholic beverages over to a consumer upon the provision of delivery services is prohibited from 22.00 to 10.00.

(6) An undertaking is permitted to sell by way of retail only alcoholic beverages defined in the notice of economic activities only through the place of business specified in the information in the register of economic activities.

§ 42. Competence of local government in regulating retail sale of alcoholic beverage

(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 those specified in §§ 40 and 41 of this Act;

3) restrict the retail sale of alcoholic beverages for consumption on the premises in its entire administrative territory or part thereof during the periods of time provided for in subsection 2 of § 56 of the Law Enforcement Act.

§ 43. Selling price of alcoholic beverage

(1) The selling price of alcoholic beverages must be indicated upon retail sale of alcoholic beverages.

(2) The selling price of alcoholic beverages is not permitted to 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 of the alcoholic beverage;

3) the quantity of the alcoholic beverage corresponding to the selling price indicated – upon retail sale of alcoholic beverages for consumption on the premises.

(4) In a place of sale of alcoholic beverages the obligatory information on the labelling on consumer packaging, arising from legislation, shall be made available in writing in Estonian.

§ 44. Existence of cash register and requirement of use thereof

Retail sale of alcoholic beverages in shops and catering establishments is permitted if there is a cash register in the place of business and all transactions performed upon the retail sale of alcoholic beverages are registered using the cash register.

§ 45. Measures to ensure order and security

(1) It is prohibited to sell alcoholic beverages to persons exhibiting signs of intoxication.

(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 persons exhibiting signs of intoxication.

(3) The seller has the right not to serve any persons who consume, on sales premises where retail sale of alcoholic beverages is carried out for consumption on the premises, alcoholic beverages obtained outside the sales premises, and has the right to request that such persons leave.

§ 46. Prohibition on consumption of alcoholic beverage for minors

Minors are prohibited from consuming alcoholic beverages.

§ 47. Measures to enforce prohibition on consumption of alcoholic beverage for minors

(1) Minors are prohibited from owning or possessing alcoholic beverages.

(2) It is prohibited to offer, transfer or hand over alcoholic beverages to minors.

(3) Upon transfer of the possession of an alcoholic beverage, the current possessor shall ascertain the age of the transferee of the possession on the basis of the transferee’s identity document. The age of the transferee of the possession need not be ascertained on the basis of the transferee’s identity document if the transferee is clearly an adult or the person of the transferee is known to the current possessor. If to the knowledge of the current possessor the transferee of the possession is not an adult and the transferee fails to present their identity document, the current possessor may not transfer the possession of the alcoholic beverage.

(4) Alcoholic beverages shall not be transferred or handed over knowingly to a person who receives alcoholic beverages for the purpose of offering or handing the alcoholic beverages over to minors.

(5) Minors may not be employed for work related to the handling of alcohol, except where work takes place under the supervision of an adult employee and:

1) constitutes storage or distribution of alcohol for commercial purposes and it is ensured that in the course thereof minors come into contact with alcohol only in unopened packaging;

2) the work is related to the manufacture, offer for sale, or sale of an alcoholic beverage for the purposes of clauses 1 and 5 of subsection 1 of § 3 of this Act and the minor is at least 16 years of age.

(6) If alcoholic beverages have been transferred into the ownership of a minor as part of his or her estate, the legal representative of the minor shall ensure that the alcoholic beverages do not go into the direct possession of the minor.

§ 49. State supervision

(1) State supervision over the compliance with the requirements of this Act and of legislation established on the basis of this Act, except for the compliance with the requirements for food safety, for the definition, description and presentation for sale of alcohol, and requirements related to the operation of the state register of alcohol as well as the import and export of alcohol and the requirements provided for in § 46 and subsections 1, 5 and 6 of § 47 of this Act shall be exercised by the Consumer Protection and Technical Regulatory Authority.

(2) State supervision over the compliance with the requirements relating to the handling of alcohol, except for the compliance with the requirements for food safety and the definition, description and presentation for sale of alcohol, shall be exercised by the Tax and Customs Board.

(3) State supervision over the compliance with the requirements related to food safety, the definition, description and presentation for sale of alcohol, and the operation of the state register of alcohol shall be exercised by the Agriculture and Food Board.

(4) State supervision over the compliance with the requirements related to the retail sale of alcoholic beverages and the restrictions on the consumption of alcoholic beverages shall be exercised by rural municipality or city governments on their respective administrative territories.

(5) State supervision over the restrictions on the consumption of alcoholic beverages by minors shall be exercised by police officers.

§ 49¹. Special state supervision measures

(1) In order to exercise the state supervision provided by this Act, a law enforcement agency may apply the special state supervision measures provided for in §§ 30, 31, 32, 49, 50, 51 and 52 of the Law Enforcement Act on the bases of and pursuant to the procedure provided by the Law Enforcement Act.

(2) In addition to the special measures provided for in subsection 1 of this section, the Tax and Customs Board may also apply for the exercise of state supervision the special measure provided for in § 45 of the Law Enforcement Act on the bases of and pursuant to the procedure provided by the Law Enforcement Act.

(3) In addition to the special measures provided for in subsection 1 of this section, police officers may also apply for the exercise of state supervision the special measures provided for in §§ 37, 38, 39, 40, 42, 47 and 48 of the Law Enforcement Act on the bases of and pursuant to the procedure provided by the Law Enforcement Act.

(4) Upon the examination of movable property, a law enforcement agency may take samples and specimens and, if necessary, order expert assessments at the expense of the person. If according to an expert assessment a sample or specimen of movable property conforms to requirements, the law enforcement agency shall cover the expenses related to the expert assessment and if the sample or specimen of movable property is not returned, the law enforcement agency shall compensate the undertaking for the cost thereof. If according to an expert assessment a sample or specimen of movable property does not conform to requirements, the certified expenses which arose upon the examination shall be covered by the undertaking and if the sample or specimen of movable property is not returned, the undertaking shall not be compensated for the cost thereof.

§ 50. Specifications of state supervision

(1) The measures provided for in §§ 49 and 50 of the Law Enforcement Act may only be applied by the Consumer Protection and Technical Regulatory Authority, the Tax and Customs Board, the Agriculture and Food Board as well as rural municipality or city governments upon entering the territory, buildings, civil engineering works and premises of a handler of alcohol, or upon opening the means of transport of a handler of alcohol in the presence of the handler or a representative thereof.

(2) Law enforcement agencies have the additional right to:

1) seal storage facilities of alcohol which is or may be subject to confiscation;

2) if alcohol 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 for unloading the alcohol to the nearest location where the confiscated alcohol can be stored;

3) obtain, for official purposes, any data from the state register of alcohol.

§ 52. Storage of alcohol taken into storage

(1) Alcohol which has been taken into storage shall be stored in the physical evidence storage facility of the law enforcement agency which took the alcohol into storage or in other premises in possession of the law enforcement agency until further disposal of the alcohol is decided.

(2) If it is not possible to store the amount of alcohol taken into storage in the physical evidence storage facility of the law enforcement agency which took the alcohol into storage or in other premises in possession of the law enforcement agency, the alcohol shall be deposited into storage with liability in a customs warehouse, an excise warehouse or a temporary storage facility.

(3) The storage of alcohol taken into storage in a customs warehouse, an excise warehouse or a temporary storage facility shall be organised by customs authorities.

(4) The costs of storing alcohol taken into storage in a customs warehouse, an excise warehouse or a temporary storage facility shall be prescribed in the state budget as costs intended for specific purposes.

(5) Upon the application of the special state supervision measure provided for in § 52 of the Law Enforcement Act on the bases of and pursuant to the procedure provided for in the Law Enforcement Act, police officers have the right to hand alcohol taken into storage over to a legal representative of a minor.

§ 52¹. Verification of compliance with requirements by test transaction

(1) If the exercise of supervision over the compliance with the requirements for trade in alcohol is not possible or is significantly harder by means of the special state supervision measures provided for in § 49¹ of this Act, but supervision is necessary to ascertain or counter a threat or eliminate a violation, the law enforcement agency referred to in subsection 2 of § 49 may make a test transaction as a special state supervision measure.

(2) If the exercise of supervision over the compliance with the requirements provided for in subsections 2–4 of § 47 is not possible or is significantly harder by means of the special state supervision measures provided for in § 49¹ of this Act, but supervision is necessary to ascertain or counter a threat or eliminate a violation, the law enforcement agencies referred to in subsections 1, 4 and 5 of § 49 may make a test transaction as a special state supervision measure.

(3) If necessary, a law enforcement agency may involve a person not liable for public order in the making of the test transaction provided for in subsection 2 of this section only with the person’s consent. The person involved must be no less than 16 years of age. The involvement of a person under the age of 18 also requires a written consent from the person’s legal representative in addition to the person’s own consent.

(4) The making of a test transaction is decided by the head of the law enforcement agency or an official authorised thereby.

(5) A test transaction is an act with the features of a sales contract or another transaction under the law of obligations the purpose of which is to verify compliance with the requirements provided by legislation. The official making a test transaction or a person involved in it may hide the purpose of the transaction from the person in respect of whom the test transaction is made and from other persons. An official making a test transaction need not introduce themselves and the official also need not wear a uniform or present their identification prior to the achievement of the purpose of the test transaction.

(6) Upon making a test transaction, it is prohibited to conduct surveillance activities, abet a person to commit an offence or commit an act with elements of an offence, for ensuring the making of a test transaction it is also prohibited to use a person recruited for secret cooperation, simulate a legal person, use an undercover agent or covert measures for the purposes of §§ 7⁵¹ and 7⁵⁴–7⁵⁷ of the Police and Border Guard Act.

(7) The law enforcement agency shall notify the person in respect of whom a test transaction was made, immediately after the achievement of the purpose of the test transaction, of the fact that a test transaction has been applied to the person. By a written reasoned decision, the law enforcement agency may postpone the notification of the person in respect of whom the test transaction was made if this is indispensable for continuation of supervision related to the activities of the same person or for verification by other persons of compliance with the requirements imposed on the making of such transactions. Notification of the person in respect of whom the test transaction was made shall not be postponed for more than three months starting from the day of making the transaction.

(8) The making of a test transaction shall be recorded in the minutes pursuant to the procedure provided for in § 12 of the Law Enforcement Act. The minutes of the test transaction shall set out the decision that served as a basis for the test transaction, officials who participated in the test transaction and the person in respect of whom the test transaction was made as well as other participants in the proceedings and persons involved, testimonies by the officials concerning the circumstances and results of the test transaction, a description of items and documents transferred or received as a result of the test transaction and testimonies, statements and opinions by other participants in the proceedings and persons involved in the proceedings. If notification of the person in respect of whom the test transaction was made is postponed on the basis of and pursuant to the procedure provided for in subsection 7 of this section, a reference to the decision on postponement shall be made in the minutes of the test transaction. The minutes shall be served on the person in respect of whom the test transaction was made.

(9) A transaction made in the course of a test transaction is void.

§ 53. Violation of procedure for handling of alcohol

(1) Production of alcohol which is not permitted to be handled, and also trade in or storage, possession or distribution for commercial purposes of alcohol which is not marked with a revenue stamp or is not permitted to be handled

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 of up to 5,000 euros.

(3) An extra-judicial body conducting proceedings specified in clauses 1 and 2 of § 73 of this Act or a court may confiscate the substance and object which were the direct object of commission of a misdemeanour provided for in this section.

§ 54. Possession and distribution of alcohol not permitted to be handled

(1) Knowingly possessing or distributing alcohol not permitted to be handled

is punishable by a fine of up to 100 fine units or by detention.

(2) An extra-judicial body conducting proceedings specified in clauses 1 and 2 of § 73 of this Act or a court may confiscate the substance and object which were the direct object of commission of a misdemeanour provided for in this section.

§ 55. Manufacture, possession, delivery, acquisition and transfer of appliance for distillation of fusel

(1) Manufacture, possession, delivery, acquisition or transfer of an appliance for the distillation of fusel

is punishable by a fine of up to 200 fine units or by detention.

(2) The same act, if committed by a legal person,

is punishable by a fine of up to 3,000 euros.

(3) An extra-judicial body conducting proceedings specified in clauses 1 and 2 of § 73 of this Act or a court shall confiscate the object which was the direct object of commission of a misdemeanour provided for in this section.

§ 58. Absence of accompanying document

(1) Export, wholesale, retail sale or distribution of alcohol for commercial purposes without a proper accompanying document

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 5,000 euros.

§ 59. Failure to submit accompanying document at moment of inspection

(1) Failure to submit, at the moment of inspection, a proper accompanying document upon export, wholesale, retail sale or distribution of alcohol for commercial purposes

is punishable by a fine of up to 100 fine units.

(2) The same act, if committed by a legal person,

is punishable by a fine of up to 1,300 euros.

§ 60. Failure to prepare accompanying document

(1) Failure to prepare a proper accompanying document upon wholesale or export of alcohol

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 3,000 euros.

§ 61. Failure to comply with requirement of non-cash settlement

(1) Failure to comply with the requirement of non-cash settlement provided by this Act upon acquisition or sale of alcohol

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 5,000 euros.

§ 62. Failure to register transaction upon retail of alcoholic beverage

(1) Failure to register a transaction using the cash register upon retail sale of alcoholic beverage

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 3,000 euros.

§ 64. Possession or storage of alcohol in places of business without a sales area

(1) Possession or storage of alcohol in places of business without a sales area

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 3,000 euros.

§ 65. Violation of restrictions and prohibitions applying to retail of alcoholic beverage

(1) Violation of restrictions or prohibitions applicable to the retail sale of 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 5,000 euros.

§ 66. Violation of requirements applying to provision of delivery services of alcoholic beverage

(1) Violation of the requirements applying to the provision of delivery services of alcoholic beverage

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 3,000 euros.

§ 67. Violation of age limit upon handling of alcoholic beverage

(1) Violation of the age limit upon the handling of alcoholic beverage

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 of up to 10,000 euros.

§ 68. Sale of alcoholic beverage to person exhibiting signs of intoxication

(1) Sale of alcoholic beverage to a person exhibiting signs of intoxication

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 3,000 euros.

§ 69. Purchase of alcoholic beverage for minor or person exhibiting signs of intoxication

Purchase of alcoholic beverage for a minor or a person exhibiting signs of intoxication

is punishable by a fine of up to 300 fine units or by detention.

§ 71. Consumption of alcoholic beverage by minor

Consumption of alcoholic beverage by a minor

is punishable by a fine of up to ten fine units.

§ 73. Proceedings

The extra-judicial body conducting proceedings in matters of misdemeanours provided for in this Chapter is:

1) the Tax and Customs Board;

2) the Police and Border Guard Board;

3) the Consumer Protection and Technical Regulatory Authority;

4) the Agriculture and Food Board;

5) a rural municipality or city government.

§ 74. Accrual of fines

If the extra-judicial body conducting proceedings 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 of this Act shall be transferred to the budget of the local government who made the decision.

§ 75. Operations performed with confiscated substances and objects

(1) Confiscated alcohol shall be destroyed or denatured to conform to the requirements provided by subsection 1 of § 13 of the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act.

(2) The transferor of confiscated alcohol has the right to request that a person who wishes to acquire such alcohol submit proof certifying the person’s intention and opportunities to use the alcohol for technical purposes and to verify the correctness of information submitted, including in the enterprise of the said person.

(3) The transferor of confiscated alcohol shall send, no later than on the date of delivery of such alcohol, a notice to the Tax and Customs Board and the Agriculture and Food Board concerning the quantity of alcohol transferred and the person who acquired the alcohol.

(4) The Tax and Customs Board and the Agriculture and Food Board have the right to check further use of confiscated alcohol in an enterprise of the person who acquired the confiscated alcohol.

(5) Confiscated appliances for the distillation of fusel shall be destroyed.

§ 76. Transitional provisions

(1) Activity licences specified in clauses 1–6 of subsection 2 of § 10 of the Alcohol Act which is repealed shall be valid, if the activities permitted by the activity licence are not contrary to the provisions of this Act, until a registration is made in the register of economic activities concerning the holder of the licence but not for longer than the date of expiry indicated on the activity licence.

(2) Activity licences specified in clauses 7–10 of subsection 2 of § 10 of the Alcohol Act which is repealed shall be valid, if the activities permitted by the activity licence are not contrary to the provisions of this Act, until the trade licence issued to the holder of the licence is brought into conformity with legislation but not for longer than the date of expiry indicated on the activity licence.

(3) Product samples collected for preservation in the state register of alcohol prior to the entry into force of this Act, except for product samples of vodka, shall be returned to undertakings which submitted the product samples when preservation of such product samples is no longer necessary. A product sample shall be returned on the initiative of either the undertaking which submitted the product sample or the processor of the register, and a report shall be prepared concerning the return of the product sample. The opinion of one or several supervisory authorities concerning the need for further preservation of a product sample may be obtained.

(3¹) Product samples of vodka collected for preservation in the state register of alcohol before 1 July 2015 shall be returned to undertakings which submitted the product samples when preservation of such product samples is no longer necessary. A product sample shall be returned on the initiative of either the undertaking which submitted the product sample or the processor of the register, and a report shall be prepared concerning the return of the product sample. The opinion of one or several supervisory authorities concerning the need for further preservation of a product sample may be obtained.

(4) Legislation issued on the basis of the 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 of the date of entry into force of this Act.

(5) The obligatory information presented on the labelling on consumer packaging provided in subsection 4 of § 43 of this Act shall be made available in writing in Estonian as of 1 July 2013.

(6) Subsection 4 of § 23 of this Act shall be applied until 30 June 2016.

(7) Subsection 3 of § 23 of this Act shall be applied as of 1 July 2016.

(8) An accommodation undertaking whose registration in the register of economic activities includes, upon the entry into force of the General Part of the Economic Activities Code Act, a notation regarding the retail sale of alcoholic beverages in a guestroom or reception room of the accommodation establishment shall submit, if the economic activity is continued, a notice of economic activities in the area of activity specified in clause 3 of subsection 1 of § 23 of this Act within the period of time specified in subsection 3 of § 76 of the General Part of the Economic Activities Code Act.

§ 76¹. Expiry of register entries in state register of alcohol

(1) The register entries made in the state register of alcohol before 1 June 2004 expire on 1 June 2009.

(2) The validity of register entries which expire on the basis of subsection 1 of this section may be renewed pursuant to the procedure provided for in subsection 2 of § 13¹ of this Act.

§ 76². State register of alcohol

The register of alcohol specified in subsection 2 of § 8 of this Act is regarded as the state register of alcohol established under subsection 2 of § 8 of this Act in the wording in force on 1 September 2002.

§ 77. Repeal of previous Act

[Omitted from this text.]

§ 78. Entry into force of Act

This Act enters into force concurrently with the Penal Code.