Statutory Instrument 1993 No. 1947

The Tobacco Products Labelling (Safety) Amendment Regulations 1993

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© Crown Copyright 1993

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1993 No. 1947

CONSUMER PROTECTION

The Tobacco Products Labelling (Safety) Amendment Regulations 1993

In exercise of the powers conferred by section 11 of the Consumer Protection Act 1987^[1], after consultation, in accordance with section 11(5) of that Act, with organisations appearing to be representative of interests substantially affected by these Regulations and other persons considered appropriate, and of all other powers enabling me in that behalf, I hereby make the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Tobacco Products Labelling (Safety) Amendment Regulations 1993 and shall come into force on 1st January 1994.

    (2)  In these Regulations, the "principal Regulations" means the Tobacco Products Labelling (Safety) Regulations 1991^[2].

Amendment of regulation 4 of the principal Regulations
    2.    In regulation 4 of the principal Regulations (additional warnings for cigarettes) in paragraphs (1) and (2) before the words "Schedule 1" there are inserted the words "Part I of".

Insertion of new regulations 4A, 4B and 4C in the principal Regulations
    3.    After regulation 4 of the principal Regulations (additional warnings for cigarettes) there are inserted the following regulations:—

"Additional warnings for rolling tobacco
    4A.—(1)  A producer of rolling tobacco shall ensure that each packet of rolling tobacco which he produces carries on the side opposite to its most visible surface a warning taken from the list in Part I of Schedule 1.

    (2)  Subject to paragraph (3), a producer of a brand of rolling tobacco shall ensure that each of the warnings listed in Part I of Schedule 1 appears on an equal number of packets of that brand of rolling tobacco which he produces over any period of 12 months.

    (3)  A producer of rolling tobacco is to be regarded as complying with the requirements of paragraph (2) in relation to a brand of rolling tobacco if the number of packets of that brand on which each warning appears is no fewer than 95 per cent. of, and no greater than 105 per cent. of, one sixth of the total number of packets of rolling tobacco of that brand produced by him over the period of 12 months.



Additional warnings for cigars, cigarillos, pipe tobacco etc
    4B.—(1)  A producer of cigars, cigarillos, pipe tobacco or any other tobacco product except cigarettes, rolling tobacco and smokeless tobacco products shall ensure that each packet of such product which he produces carries a warning taken from the list in Part II of Schedule 1.

    (2)  A producer of a brand of tobacco product to which paragraph (1) applies shall ensure that, within any period of 12 months, each of the warnings listed in Part II of Schedule 1 appears in rotation on packets of that brand of tobacco product which he produces.



Additional warning for smokeless tobacco products
    4C.    A producer of smokeless tobacco products shall ensure that each packet of smokeless tobacco product which he produces carries the warning: "Causes cancer"." .

Amendment of regulation 5 of the principal Regulations
    4.    In regulation 5 of the principal Regulations (visibility and position of warnings) for paragraph (1) there is substituted the following paragraph:—
"  (1)  In the case of tobacco products other than cigarettes the general warning and a warning required by regulation 4A(1), 4B(1) or 4C—
(a) shall be printed on, or irremovably affixed to, each packet;

(b) shall each cover an area amounting to at least 1.5 per cent. of the total surface of the packet, such area to be defined by a right-angled polygon drawn closely round the periphery of the printed letters in the same way as is shown in respect of packets of cigarettes in Figures 1 and 2 in Schedule 2;

(c) shall be easily visible, clearly legible and indelible;

(d) shall appear in a conspicuous place on a contrasting background; and

(e) shall not in any way be hidden, obscured or interrupted by other written or pictorial matter." .

Amendment of regulation 8 of the principal Regulations
    5.    In regulation 8 of the principal Regulations (products imported from other member States)—
 (a) for the word "cigarettes" there are substituted the words "tobacco products";
 (b) in sub-paragraph (a)—
 (i) after the words "regulation 4(1)" there are inserted the words ", 4A(1) or 4B(1)";
 (ii) after the words "article 4.2" there are inserted the words "or 4.2a(a) or (b), as the case may be,";
 (iii) after the words "concerning the labelling of tobacco products" there are inserted the words "as amended by Council Directive 92/41/EEC^[3]";
 (c) in sub-paragraph (b) after the words "regulation 4(2)" there are inserted the words "or 4A(2)";
 (d) after sub-paragraph (b) there is inserted the following new sub-paragraph (bb)—
(bb) "as complying with the requirements of regulation 4B(2) if, within any period of 12 months, each of the warnings in that list appears in rotation on packets of that brand imported by him from that member State;" ;

 (e) in sub-paragraph (c)—
 (i) after the words "requirements of" there are inserted the words "regulation 5(1)(b) or, as the case may be,"; and
 (ii) after the words "Article 4.4" there are inserted the words "or, as the case may be, Article 4.5".

Amendment of regulation 13 of the principal Regulations
    6.    At the end of regulation 13 (transitional provisions) there is added a new paragraph (3) as follows—
"  (3)  Regulation 11(1) shall not apply to the supply, offer or agreement to supply, or exposure or possession for supply of a tobacco product, other than a cigarette, which does not comply with regulation 4A(1), 4B(1) or 4C if that product—
(a) is produced before 1st January 1994; and

(b) the supply takes or is to take place before 1st January 1995." .

Substitution of new Schedule 1 in the principal Regulations
    7.    For Schedule 1 to the principal Regulations (health warnings) there is substituted the Schedule set out in the Schedule to these Regulations.

Virginia Bottomley

One of Her Majesty's Principal Secretaries of State

29th July 1993

[1] 1987 c. 43. back

[2] S.I. 1991/1530. back

[3] OJ No. L 158, 11.6.92, p.30. back

Explanatory Note