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The Alcohol Act

In accordance with the decision of Parliament the following shall be enacted:

Chapter 1

General Provisions

§ 1

Purpose of the Act

The consumption of alcoholic substances is reduced and economic activity related to them is restricted and controlled in order to prevent the detrimental effects of alcohol on its users, other people and all of society.

§ 2

Application of the Act

This Act applies to the production, import, export, sale and other delivery, use, possession and advertising of alcoholic substances.

Unless otherwise stipulated in this Act, the Food Act (23/2006) shall apply to alcohol substances which are food.

The Act does not apply to alcoholic substances which are medicines or pharmaceutical preparations in the meaning of the Medicines Act (395/1987).

§ 3
1102/2017

STATUTE BOOK OF FINLAND

Published in Helsinki, 30 December 2017

1102/2017

Alcohol Act

In accordance with the decision of parliament, the following is laid down:

Chapter 1

General provisions

§ 1

Purpose of the act

The purpose of this act is to reduce the consumption of alcoholic substances by limiting and supervising related economic activity to prevent the damaging effects of alcohol on consumers, other persons and society in general.

§ 2

Scope of application

This act applies to the production, import, export, transport, sale and other delivery, use, possession and advertising of alcoholic substances.

Unless otherwise stipulated in this act, the Food Act (23/2006) shall apply to alcohol substances which are food.

The act does not apply to alcoholic substances which are medicines or pharmaceutical preparations in the meaning of the Medicines Act (395/1987).

§ 3

Definitions

For the purposes of this Act:

alcoholic substance means a substance and product which contains more than 1.2 percent by volume ethyl alcohol;

alcoholic beverage means a beverage which contains a maximum of 80 percentage by volume ethyl alcohol;

mild alcoholic beverage means an alcoholic beverage which contains a maximum of 22 percentage by volume ethyl alcohol;

strong alcoholic beverage means an alcoholic beverage which contains more than 22 percentage by volume ethyl alcohol;

spirits means ethyl alcohol or an aqueous solution of ethyl alcohol where the proportion of ethyl alcohol exceeds 80 percentage by volume;

completely denatured spirits means spirits made to not be fit for human consumption as referred to in Article 27(1)(a) of Council Directive 92/83/EEC on the harmonization of the structures of excise duties on alcohol and alcoholic beverages;

mildly denatured spirit means spirits not fit for human consumption according to Article 27(1)(b) of the Directive referred to in point 6.

alcoholic preparation means an alcoholic substance which is not an alcoholic beverage or spirit;

preparation means production of ethyl alcohol by fermentation or other means, as well as fortification of a solution containing ethyl alcohol by distillation or other similar method;

wholesale sale means the selling of alcoholic substances for retail sale or further processing;
For the purposes of this act:2

alcoholic substance means a substance and product which contains more than 1.2 per cent ethyl alcohol by volume;

alcoholic beverage means a beverage which contains a maximum of 80 per cent ethyl alcohol by volume;

mild alcoholic beverage means an alcoholic beverage which contains a maximum of 22 per cent ethyl alcohol by volume;

strong alcoholic beverage means an alcoholic beverage which contains more than 22 per cent ethyl alcohol by volume;

spirits means ethyl alcohol or an aqueous solution of ethyl alcohol where the proportion of ethyl alcohol exceeds 80 per cent by volume;

completely denatured spirits means spirits made to not be fit for human consumption as referred to in Article 27(1)(a) of Council Directive 92/83/EEC on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages;

mildly denatured spirits means spirits not fit for human consumption according to Article 27(1)(b) of the directive specified in point 6;

alcoholic preparation means an alcoholic substance that is not an alcoholic beverage or spirit and that can be denatured;

preparation means production of ethyl alcohol by fermentation or other means, as well as fortification of a solution containing ethyl alcohol by distillation or another similar method;

wholesale means the selling of alcoholic substances for retail sale or further processing;

retail sale means the sale of alcoholic beverages to be consumed in places other than premises controlled by the seller or under the seller’s supervision;

serving of alcoholic beverages means the sale of alcoholic beverages to be consumed on premises controlled by the seller or under the seller’s supervision;

State Alcohol Monopoly means a limited company wholly owned by the State whose task is to carry on the retail trade stipulated in this Act to be its sole right.

distance selling across borders means distance selling to consumers where the consumer who orders the substance or product from a retail store is located in a European Union (EU) Member State or a third country that is different from the country where the retail store is located; a retail store is considered to be located in a Member State if a natural person’s business operation is the said Member State or, in other cases, if the retail store has a regular registered office, administrative headquarters, a business office, secondary business location or other business office or representative in the respective Member State;

tilaviini means an alcoholic beverage made exclusively by fermentation from berries, fruit and other plant parts, with the exception of grapes and grains, containing a maximum of 13 percentage by volume ethyl alcohol, made at a production location which is legally and economically separate from other alcoholic beverage producers and where the volume of alcoholic beverages produced during a calendar year does not exceed 100 000 litres, operating in connection with agricultural operations and physically separate from other alcoholic beverage production places and which does not produce under a license;

craft beer means an alcoholic beverage containing a maximum of 12 percentage by volume ethyl alcohol produced solely by fermentation, which is produced from malted or unmalted grain products and in the production of which other plant seeds, sugar, hops and other plant parts required for fermentation and spices (including colouring agents) may be used, which is brewed in a brewery that is legally and economically independent of other manufacturers of alcoholic beverages, where the volume of alcoholic beverages produced during a calendar year does not exceed 500 000 litres and which operates physically separate from other manufacturers of alcoholic beverages and which does not produce under a license;

sahti means an unfiltered and non-pasteurized craft beer with a minimum of 6 percentage by volume ethyl alcohol brewed from traditional raw materials where the alcohol is obtained solely from the sugar derived from the malt and other grain products used in its production.

Provisions of this Act regarding sale shall also apply to delivery of an alcoholic substance for compensation during economic activities or to delivery of an alcoholic substance advertised in connection with another good or service, unless provided otherwise in this Act.

If one or more of producers of alcoholic beverages referred to in points 15-17 of paragraph 1 collaborate with regard to production or operations, this shall not signify a legal or economic dependency relationship between them. Production or operational collaboration is deemed the procurement of raw materials and supplies needed in the production of alcoholic beverages as well as the packaging, advertising and distribution of alcoholic beverages. A prerequisite for the application of this paragraph is that the total amount of alcoholic beverages produced in collaboration does not exceed 100 000 litres for producers of tilaviini and 500 000 litres for producers of craft beer.

Provisions regarding production shall also apply to the subsequent processing and packaging of spirits and, by way of the Excise Duty Act (182/2010), of untaxed alcoholic beverages.

§ 4

General obligations of an operator

Any business operator involved in the production, import, export, sale, use and advertising of alcoholic substances shall monitor the detrimental effects of its operations referred to in § 1 and reduce them as much as possible, using the means provided for to this Act and other means available to them.

Business operations referred to in paragraph 1 above and, any business operation related to it or any other system by contract must not be contrary to moral principles.

Business operations are considered contrary to moral principles if they are in clear violation of accepted societal values and, in particular, if they are accepting of or indifferent to taking health risks under the influence of alcohol or intoxicating substances, medicinal products or chemicals.

Chapter 2

Licensing

§ 5

Operations subject to a licence

Alcoholic beverages may not be produced or sold without a license.

Spirits may not be produced, imported, sold, used or possessed without a license.

§ 6

Exemptions from licensing

By derogation from § 5 above

the production and sale of alcoholic beverages containing a maximum of 2.8 percentage by volume ethyl alcohol is permitted;

the serving and retail sale of alcoholic beverages in international transport is permitted as laid down in §§ 46 and 47;
State Alcohol Monopoly means a limited company wholly owned by the State whose task is to carry on the retail trade stipulated in this act to be its sole right;

tilaviini means an alcoholic beverage made exclusively by fermentation of berries, fruit and other plant parts, with the exception of grapes and grains, containing a maximum of 13 per cent ethyl alcohol by volume, made at a production location which is legally and economically separate from other alcoholic beverage producers and where the volume of alcoholic beverages produced during a calendar year does not exceed 100 000 litres, operating in connection with agricultural operations and physically separate from other alcoholic beverage production places and which does not produce under a licence;

craft beer means an alcoholic beverage containing a maximum of 12 per cent ethyl alcohol by volume, produced solely by fermentation, which is produced from malted or unmalted grain products and in the production of which other ingredients, e.g. other plant seeds, sugar, hops and other plant parts required for fermentation and spices may be used, and which according to Commission Regulation (EC) No 244/2002 supplementing the Annex to Regulation (EC) No 2301/97 on the entry of certain names in the Register of certificates of specific character provided for in Council Regulation (EEC) No 2082/92 on certificates of specific character for agricultural products and foodstuffs, can be sahti, which is brewed in a brewery that is legally and economically independent of other manufacturers of alcoholic beverages and where the volume of alcoholic beverages produced during a calendar year does not exceed 500 000 litres and which operates physically separately from other manufacturers of alcoholic beverages and which does not produce under a licence;

marketing means advertising, indirect advertising and other activities promoting sales; indirect advertising means promoting a product’s sales in the context of another commodity so that the distinctive mark of the other product is used as such or modified so that it can be identified, or the seller’s distinctive mark or other imposed image of a certain product or seller is otherwise conveyed.

Provisions of this act regarding sale shall also apply to delivery of an alcoholic substance for compensation during economic activities or to delivery of an alcoholic substance advertised in connection with another good or service, unless provided otherwise in this act.

If one or more producers of alcoholic beverages referred to in points 14 and 15 of paragraph 1 collaborate on production or operations, this shall not signify a relationship of legal or economic dependency. Production or operational collaboration is deemed the procurement of raw materials and supplies needed in the production of alcoholic beverages as well as the packaging, advertising and distribution of alcoholic beverages. A prerequisite for the application of this paragraph is that the total amount of alcoholic beverages produced in collaboration does not exceed 100 000 litres for producers of tilaviini or 500 000 litres for producers of craft beer.

Provisions regarding production shall also apply to the subsequent processing and packaging of spirits and, by way of the Excise Duty Act (182/2010), of untaxed alcoholic beverages.

§ 4

Prohibition on operations contrary to moral principles

Any business operator involved in the production, import, sale and marketing of alcoholic substances or that is contractually or by any other arrangement operating in relation to alcoholic substances is prohibited from engaging in operations contrary to moral principles.

Operations are considered contrary to moral principles if they are in clear violation of accepted societal values and if they are accepting of or indifferent to taking health risks under the influence of alcohol or intoxicating substances, medicinal products or chemicals.

Chapter 2

Activities subject to authorisation

§ 5

Operations subject to licence

Alcoholic beverages may not be produced or sold without a licence.

Spirits may not be produced, imported, sold, used or possessed without a licence.

§ 6

Exemptions from authorisation

By derogation from § 5 above:

the production and sale of alcoholic beverages containing a maximum of 2.8 per cent ethyl alcohol by volume is permitted;

the serving and retail sale of alcoholic beverages in international transport is permitted as laid down in §§ 47 and 48;