Youth Protection Act

Excerpts from the Youth Protection Act
(JuSchG; Status: 01.01.2018)

§ 1 Definitions
(1) Within the meaning of this Act

children are people who are not yet 14 years old,
are young people who are 14 but not yet 18 years old,
is a person with custody who is entitled to custody alone or together with another person in accordance with the provisions of the German Civil Code,
is the person responsible for parenting, any person over the age of 18, insofar as he or she performs educational tasks permanently or temporarily on the basis of an agreement with the person with custody or if he or she looks after a child or a young person in the context of training or youth welfare.

(3) Telemedia within the meaning of this Act are media that are transmitted or made accessible in accordance with the Telemedia Act. The provision of own or third-party content is deemed to be transferring or making available within the meaning of sentence 1.
(4) Mail order business within the meaning of this Act is any paid transaction that involves ordering and sending goods by post or electronic shipping without personal contact between the supplier and the customer or without technical or other precautions that ensure that no shipping to children and adolescents takes place, is carried out.
(5) The provisions of Sections 2 to 14 of this Act do not apply to married young people.

§ 2 Examination and Evidence Obligation
(1) Insofar as this law requires accompaniment by a person responsible for bringing up the child, the persons named in Section 1 (1) No. 4 must demonstrate their authorization upon request. In case of doubt, organizers and traders have to check the authorization.
(2) Persons for whom age limits are to be observed according to this Act must prove their age in a suitable manner on request. In case of doubt, organizers and traders have to check the age.

§ 9 Alcoholic beverages
(1) In restaurants, sales outlets or otherwise in public

Beer, wine, wine-like beverages or sparkling wine or mixtures of beer, wine, wine-like beverages or sparkling wine with non-alcoholic beverages for children and young people under 16 years of age,
other alcoholic beverages or foodstuffs that contain other alcoholic beverages in more than a small amount are neither given to children and young people, nor may they be permitted to consume them.

(2) Paragraph 1 number 1 does not apply if young people are accompanied by a person with custody.
(3) Alcoholic beverages may not be offered in public in vending machines. This does not apply if a
Automat

is set up in a place inaccessible to children and adolescents or
It is set up in a commercially used room and it is ensured by technical devices or constant supervision that children and young people cannot take out alcoholic beverages.

Section 20 No. 1 of the Restaurant Act remains unaffected.

(4) Alcohol-containing sweet drinks within the meaning of Section 1, Paragraphs 2 and 3 of the Alcohol Tax Act may only be brought into circulation on a commercial basis with the notice "Sale to persons under 18 years of age prohibited, Section 9 Youth Protection Act". This note is on the prepackage in the same font, size and color as the brand or fancy name or, if applicable

§ 10 Smoking in public, tobacco products
(1) In restaurants, sales outlets or otherwise in public, tobacco products and other nicotine-containing products and their containers may not be given to children or young people, nor may they be allowed to smoke or consume nicotine-containing products.
(2) Tobacco products and other nicotine-containing products and their containers are not allowed in vending machines in public
Tobe offered. This does not apply if a machine

is set up in a place inaccessible to children and adolescents or
technical devices or constant supervision ensure that children and young people cannot remove tobacco products.

(3) Tobacco products and other nicotine-containing products and their containers may not be offered to children and young people by mail order or given to children and young people by mail order.
(4) Paragraphs 1 to 3 also apply to nicotine-free products, such as electronic cigarettes or electronic shishas, ​​in which liquid is evaporated by an electronic heating element and the resulting aerosols are inhaled with the mouth, as well as their containers.

§ 12 image carriers with films or games
(1) Recorded video cassettes and other data carriers (image carriers) that are suitable for distribution and that are programmed for playback on or playing on screen devices with films or games may only be made accessible to a child or adolescent person in accordance with