Libro II · Título I Capítulo II. De los estilos de vida saludables

The education and information programs for health promotion shall be designed for easy and adequate comprehension; in the case of ethnic groups they shall be carried out in their own language, valuing, respecting and considering their beliefs, customs and practices.

The Ministry of Health and the other institutions of the Sector, within their scope of jurisdiction, shall ensure the promotion, prevention, recovery and rehabilitation of mental health, at the level of the individual, the family and society, through the community and institutional network, within the framework of primary health care and prioritizing outpatient care approaches.

The State, through the Ministry of Health and the other institutions of the Sector, shall develop actions aimed at promoting the health of women, children, with a comprehensive approach and improving the physical and social environment at the family level, as well as the application of prevention and care measures for the family group in the various stages of its growth and development, including reproductive health aspects.

The Ministry of Health in coordination with the Guatemalan Social Security Institute and other institutions with related programs, shall develop, within the scope of their jurisdiction, programs for the comprehensive care of the elderly in all care programs based on the principle of respect and their full integration into social development.

The Ministry of Health, in coordination with the institutions of the Sector, the other ministries, the organized community and the International Agencies, shall promote actions that guarantee the availability, production, consumption and biological utilization of food aimed at achieving the food and nutritional security of the Guatemalan population.

The State, through the Guatemalan Social Security Institute, the Ministry of Labor and Social Welfare and other institutions of the Sector, within the scope of their jurisdiction, with the collaboration of public and private enterprises, shall develop actions aimed at achieving healthy and safe environments at work for the prevention of occupational diseases, attention to the specific needs of workers and accidents at work.

The State, through the Ministry of Health and in coordination with the other institutions of the Sector, shall develop actions for the promotion, prevention and recovery of oral health.

The Ministry of Health, in coordination with the Guatemalan Social Security Institute, the Ministry of Labor and Social Welfare and the municipalities, shall carry out activities aimed at the investigation, prevention and control of accidents. Likewise, it shall issue, within its jurisdiction, and without prejudice to the powers of other sectors, the technical standards for the prevention of accidents and shall promote for such purpose coordination between the public and private sectors.

Programs shall be promoted to inform about the risks of the consumption of substances harmful to health, especially those that produce addiction.

Programs shall be promoted to eradicate the consumption of substances harmful to health, whose consumption, production and commercialization are considered prohibited in this Code and other laws, especially drugs in any of their forms and clandestine alcoholic beverages of any nature.

a)All advertising relating to tobacco, alcoholic beverages, wines, beers and fermented beverages, carried out through written, graphic, radio, television, electric or electronic means and mobile units, shall have the authorization of the Ministry of Public Health and Social Assistance, before being disseminated in said communications media.

b)It is the obligation of manufacturers, importers and advertisers of cigarettes and other tobacco-derived products, to indicate in their advertising spaces, and to place on the packaging or wrapping, and on the pack of the product itself, alternatively one of the following warnings:

-SMOKING TOBACCO CAUSES CANCER

-CONSUMPTION OF THIS PRODUCT CAUSES CARDIOVASCULAR DISEASES.

-CONSUMPTION OF THIS PRODUCT CAUSES CANCER OF THE MOUTH AND PHARYNX.

-IN PREGNANT WOMEN SMOKING TOBACCO CAUSES ABORTION AND FETAL MALFORMATION.

-CONSUMPTION OF THIS PRODUCT CAUSES LUNG CANCER.

The warning legends, when referring to the pack of the product, shall be visible, written in the Spanish language, in ARIAL BLACK UPPERCASE NUMBER 12 typeface, at a minimum, clearly legible, occupying 25% on the lower part of the front face of its presentation or pack. The manufacturer shall assign one of the warnings referred to in this subsection TO EACH FIFTY PERCENT OF THE MONTHLY PRODUCTION, until completing one hundred percent thereof and including the entirety of the warning legends, and so on successively. In the same manner all packs shall display in clear and visible type, on the side part of their presentation the following warning: CONSUMPTION OF THIS PRODUCT CAUSES SERIOUS DAMAGE TO HEALTH.

In all tobacco advertising through written, graphic, radio, television, electric or electronic media and mobile units the warning legends referred to in this subsection shall be included at the beginning and at the end of the advertising, on a rotating basis and in the same monthly percentage broadcast transmission indicated; furthermore, in the case of television, electric or electronic media, while the advertising is placed a banner indicating the warnings listed in subsection b) shall be inserted.

c)In the case of television, electric or electronic media, it is the obligation of manufacturers, importers and advertisers of alcoholic beverages, wines, beers and fermented beverages, to indicate in their advertising spaces that "EXCESSIVE CONSUMPTION OF THIS PRODUCT IS HARMFUL TO THE HEALTH OF THE CONSUMER"; the foregoing warning shall be included at the beginning and at the end of the advertising. Every container or label of a national or imported product containing alcoholic beverages, wines, beers and fermented beverages shall contain the legend: "EXCESSIVE CONSUMPTION OF THIS PRODUCT IS HARMFUL TO THE HEALTH OF THE CONSUMER"; the foregoing warning shall be included at the beginning and at the end of the advertising. Every container or label of a national or imported product containing alcoholic beverages, wines, beers and fermented beverages shall contain the legend: "EXCESSIVE CONSUMPTION OF THIS PRODUCT IS HARMFUL TO THE HEALTH OF THE CONSUMER", the legend shall be written in Spanish and in ARIAL BLACK UPPERCASE NUMBER 12 typeface, at a minimum, clearly legible, occupying 25% of the front face of the label, container and packaging, and in turn shall indicate the content of its ingredients.

d)Advertising in general shall not contain messages considered harmful to individual or collective health, and the consumption of cigarettes and tobacco in any of its forms nor of alcoholic beverages, wines, beers and fermented beverages in the moderation and self-control of consumers shall not be promoted.

e)In all advertising regarding tobacco, alcoholic beverages, wines, beers and fermented beverages through written, graphic, radio, television, electric or electronic media and mobile units in any of its forms the warning CONSUMPTION OF THIS PRODUCT CAUSES SERIOUS DAMAGE TO HEALTH shall be included. In addition, tobacco advertising shall include the warnings indicated in literal b) of this article.

Advertising through radio, television, electric or electronic means and mobile units, the transmission of advertising regarding tobacco, alcoholic beverages, wines, beers and fermented beverages, shall not be carried out during children's programming hours.

f)Advertising regarding tobacco products, alcoholic beverages, wines, beers and fermented beverages, shall refer to the product in the form of its presentation, or to its container, but in no case shall directly demonstrate or suggest consumption thereof, through human models, cartoons, sports athletes and public figures for such purpose.

g)No propaganda or advertising promoting the consumption of cigarettes or tobacco-derived products, alcoholic beverages, wines, beers and fermented beverages may be placed within 500 meters of the entrances and exits of educational establishments of preschool, pre-primary, primary, secondary and university levels, sports installations or complexes, hospital assistance institutions, and recreation centers.

h)The free or promotional distribution of cigarettes in packs or loose, alcoholic beverages, wines, beers and fermented beverages is prohibited; likewise, of goods and services bearing the name or registered trademark of a tobacco product, alcoholic beverages, wines, beers and fermented beverages, throughout the national territory.

i)The sale of cigarettes in individual presentation or of fewer than 20 cigarettes per pack of any of the national or imported brands is prohibited.

j)Any product distributed in contravention of any of the foregoing precepts, as well as any advertising not in compliance with this law, shall be withdrawn or suspended immediately by order of the Ministry of Public Health and Social Assistance and such actions shall be at the cost and under the liability of the offender.

The sale of alcoholic beverages and tobacco in any of their forms to minors under 18 years of age is prohibited, as is their consumption in any establishment and on public roads.

a)Smoking is prohibited in the premises of State offices, its decentralized or autonomous entities and State enterprises, in buildings housing educational centers at the preschool, pre-primary, primary, secondary level and in university classrooms, urban and extra-urban collective transport units, taxis, medical care centers, public and private hospitals, cinema halls, enclosed places where public shows are presented, theaters, airports, gas stations, outlets for gas or other fuels or flammable products, and in general in all those enclosed places in which public services are provided, except where the owners of theaters, cinemas and places of public entertainment provide suitable premises for smokers, duly ventilated so as not to affect non-smokers.

b)Repealed.