Since 2016, herbal smoking products have also been subject to tobacco law in accordance with the EU Tobacco Products Directive II (TPDII).

According to Section 1 (1d) of the Tobacco and Non-Smoker 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". This means that products that can be smoked (such as herbal cigarettes, tobacco-free water pipe fillings on a plant basis, dried plants, parts of plants or flowers, etc.) must be assessed under tobacco law.

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

Note

The distinction from other products must be made in consideration of the respective overall context. Essential criteria for the assessment are, for example, product presentation and presentation, sales modalities, target groups, the company's overall product range, the company's public image, customary use according to general life experience, etc. Further information can be found in the information sheet of the Ministry of Health.

Manufacturers or importers who place herbal smoking products on the market in Austria have a notification obligation (§§ 8, 8c TNRSG) and must enter them in the electronic notification system EU Common Entry Gate (EU-CEG) provided for this purpose before placing them on the market. The specific information to be provided can be found in the reporting guidelines.

Note

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

Since 2023, manufacturers or importers who place herbal smoking products on the market in Austria have to pay the flat-rate annual fee specified in the Tobacco Fees Ord inance (TabGebVO). The calculation is based on the previous year's sales figures. -> Information on paying the flat-rate annual fee can also be found on the website of the Ministry of Health.

Reporting guidelines

For the notification of herbal smoking products (e.g. hemp flowers), the "Herbal smoking products" tab has been added to the guidelines in the download area.

In the "Tobacco ingredients" fields, the "Other" field must be selected in the "Part Type" and "Leaf Type" fields and here

• the variety - for hemp according to the EU catalogue of varieties and
• the part of the plant (flowers, leaves, flowers and leaves) in question.
• The sales data must also be entered.

Certificates regarding the THC content are not to be uploaded, as only varieties that comply with the "EU catalogue of varieties for hemp cultivation" may be cultivated whose THC value remains below the legally prescribed value in accordance with the Narcotics Act.