The following warnings have been issued so far

• Product warning: electronic cigarette "CBDAY Vape Pen 50 % CBD".
  Health risk due to contained oil.
  This electronic cigarette filled with liquid contains 98 % oil, which can lead to severe respiratory diseases if inhaled. The product thus contains an ingredient that poses a risk to human health. Use is expressly warned against.
  OTS0084, 30. Nov. 2020.
• Product warning: "Happease Jungle Spirit Banana Kush" Liquid for e-cigarettes.
  Classification as a risk to human health according to § 10b Abs. 7 Z 5 TNRSG.
  Product may cause severe respiratory diseases when inhaled.
  This liquid for e-cigarettes contains oil (glycerol tricaprylate) which may cause severe respiratory diseases if inhaled. The product has been assessed as a risk to human health, use is expressly warned against.
  OTS0160, 28. Feb. 2020.

The Tobacco and Non-Smokers Protection Act (TNRSG) provides for a ban on substances that, for example, pose a risk to human health or give the false impression that they are beneficial to health.

A list of prohibited substances has been drawn up to clarify the legal requirements.

The "Advisory Board on Ingredients" has drawn up a list of prohibited substances that must not be contained in tobacco products and e-cigarette liquids.

The advisory board is an advisory body consisting of experts from the fields of pneumology, toxicology, oncology, addiction research, occupational medicine, chemical analysis, etc., which was established by the Federal Ministry of Social Affairs, Health, Care and Consumer Protection (BMSGPK) on the basis of § 8b para. 9 TNRSG.

The list is intended to serve as a concretisation of the legal requirements of §§ 8b and 10b TNRSG. It is an exemplary and non-exhaustive list of prohibited substances and substance categories.

List of prohibited substances (as of 30.06.2023) 

Due to the amendment of the New Psychoactive Substances Ordinance (NPSV), which came into force on 23 March 2023, the cannabinomimetic compound hexahydrocannabinol (HHC) - regardless of whether it was produced fully synthetically or semi-synthetically - is to be classified as a New Psychoactive Substance according to Schedule II. Therefore, the sale of any HHC products (incl. residual stocks) is prohibited in Austria.

Hexahydrocannabinol (HHC) is a psychoactive substance that has recently been increasingly entering the market in Austria and Europe. There was the potential of a large demand for HHC products by consumers in Austria and Europe. This includes existing cannabis users, but also new (including young and inexperienced) users who could have been attracted by its effects and its status as a "legal high".

Therefore, the inclusion of HHC in the New Psychoactive Substances Ordinance (NPSV) will prevent the trade in these psychoactive products, which were previously put on the market without any quality control, without criminalising consumers.

The possession of HHC products is not made punishable by this amendment. However, it is a criminal offence to put such products on the market contrary to the penal provision of § 4 of the New Psychoactive Substances Act (NPSG).

Economic compensation for remaining stocks is not provided for by law.

Legal framework and definition

Since 2016, according to the EU Tobacco Products Directive II (TPDII), herbal smoking products have also been subject to tobacco law. According to § 1 Z 1d of the Tobacco and Non-Smokers Protection Act (TNRSG), herbal smoking products are products based on plants, herbs or fruits that do not contain tobacco and can be consumed by means of a combustion process. At the same time, herbal smoking products are also “related products”. Products that can be smoked (e.g. herbal cigarettes, tobacco-free plant-based water pipe fillings, dried plants, parts of plants or flowers and much more) must in any case be subjected to a tobacco law assessment.

In any case, hemp flowers are to be classified as herbal smoking products, since they are usually smoked according to general life experience!

Notice
The distinction from other articles or products must be made taking into account the respective overall context. Essential criteria for the assessment are, for example, the product design and presentation, sales modalities, target groups, the company's entire range, the company's external image, normal use based on general life experience, etc. Further information can be found in the information sheet from the Ministry of Health.

Reporting obligations (§§ 8, 8c TNRSG)

Manufacturers or importers who place herbal smoking products on the market in Austria must enter them into the electronic reporting system EU-Common-Entry-Gate (EU-CEG) before placing them on the market.

The specific information to be provided can be found in the reporting guidelines of AGES.

Notice

If the composition of a herbal smoking product is changed, the updated information must the updated information must be provided in the EU-CEG before the product is before the product is placed on the market.

Payment of the annual fee

Manufacturers or importers who place herbal smoke products on the Austrian market must have to pay the flat-rate annual fee specified in the Tobacco Fees Ordinance (TabGebVO) since 2023. The calculation is based on the sales figures of the previous year. -> Payment of the annual fee. 

Information on the payment of the flat-rate annual fee can also be found on the website of the Ministry of Health.

Office for Tobacco Coordination

• E-mail:
  tabak@ages.at
• Phone:
  +43 5 0555-25614
  or
  +43 5 0555-34837
• Address:
  Spargelfeldstraße 191
  1220 Vienna