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2002 No. 3041

CONSUMER PROTECTION

The Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002

  Made 10th December 2002 
  Laid before Parliament 10th December 2002 
  Coming into force in accordance with regulation 1


ARRANGEMENT OF REGULATIONS

1. Citation and commencement
2. Interpretation
3. Maximum tar, nicotine and carbon monoxide yields of cigarettes
4. Statement of yields on packets of cigarettes
5. Testing of cigarettes, samples and information
6. Procedure for determining yields of tar, nicotine and carbon monoxide
7. Warnings on tobacco products
8. Size of warnings
9. Appearance of warnings and yield statements
10. Product identification markings
11. Product descriptions
12. Provision of further product information
13. Products imported from other member States
14. Prohibitions on supply of non-compliant tobacco products
15. Enforcement and penalties
16. Revocations
17. Savings and transitional provisions

  SCHEDULE: List of additional health warnings

The Secretary of State for Health, in exercise of the powers conferred on him by section 11 of the Consumer Protection Act 1987[
1], and 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, of the powers conferred by section 2(2) of the European Communities Act 1972[2] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 and shall come into force - 

Interpretation
    
2.  - (1) In these Regulations - 

and in relation to other packets for tobacco products means the most conspicuous surface;

with a view to the product being supplied for consumption in the United Kingdom or through the travel retail sector; and "produce" shall be construed accordingly;

    (2) In these Regulations - 

Maximum tar, nicotine and carbon monoxide yields of cigarettes
     3.  - (1) No person shall manufacture or supply any cigarette the yield of which exceeds the maximum permitted yield of tar, nicotine or carbon monoxide.

    (2) "Maximum permitted yield" means, in the case of - 

Statement of yields on packets of cigarettes
    
4.  - (1) Subject to the following provisions of these Regulations, a producer of cigarettes shall ensure that each packet of cigarettes which he produces carries a statement of the tar, nicotine and carbon monoxide yields of the cigarettes contained in it.

    (2) The statement - 

    (3) The statement of the yields shall - 

Testing of cigarettes, samples and information
    
5.  - (1) The Secretary of State may test cigarettes for the purposes of establishing their tar, nicotine and carbon monoxide yields and the accuracy of the statement of those yields on any packet of cigarettes; and in testing the cigarettes the Secretary of State shall select samples in accordance with ISO8243 and conduct the tests in accordance with ISO4387, ISO8454 and ISO10315.

    (2) For the purposes of enabling the Secretary of State to perform his functions under paragraph (1), a producer of cigarettes shall - 

    (3) In this regulation "new brand" includes a brand of cigarettes which has the same composition as, even if it has a different name from, a brand previously produced, and includes a brand which, though having the same name as one previously produced, has a specification which is sufficiently different to bring about a different yield of tar, nicotine or carbon monoxide.

Procedure for determining yields of tar, nicotine and carbon monoxide
    
6.  - (1) Where the Secretary of State considers, having tested cigarettes in accordance with regulation 5(1) that either - 

he may notify the producer of that opinion and the yields of tar, nicotine and carbon monoxide he considers to be accurate.

    (2) A producer may within one month beginning with the date on which he receives notification under paragraph (1) inform the Secretary of State in writing that he does not agree with the accuracy of the yields notified to him by the Secretary of State, and where he does so he may make representations with a view to agreeing the correct yield with the Secretary of State.

    (3) Where a producer receives notification under paragraph (1)(b) that the Secretary of State's tests do not confirm the accuracy of the yield of tar, nicotine or carbon monoxide, and he does not inform the Secretary of State in accordance with paragraph (2) that he does not agree with the accuracy of the yields so notified he shall, with effect from the date of expiry of the period of three months beginning with the date on which he receives that notification, provide, as the information which he is required by regulation 4 to provide on packets of those cigarettes, a statement of the tar, nicotine and carbon monoxide yields as notified by the Secretary of State under paragraph (1).

    (4) Where a producer informs and makes representations to the Secretary of State in accordance with paragraph (2) and - 

Warnings on tobacco products
    
7.  - (1) A producer of a tobacco product other than tobacco for oral use and smokeless tobacco products shall ensure that each packet carries - 

    (2) A producer of a tobacco product intended only for supply in the travel retail sector may use the warning "Get help to stop smoking: consult your doctor or pharmacist" on that product instead of the warning numbered 10 in the Schedule.

    (3) A producer of a brand of a tobacco product other than tobacco for oral use and smokeless tobacco products shall ensure that - 

of the total number of packets of tobacco products of that brand which he produces over any period of 12 months.

    (4) In the case of packets other than the packet which immediately encloses the tobacco products, the period for measuring the frequency of the warnings set out in the Schedule as set out in paragraph (3)(b) shall be three years.

    (5) A producer of a smokeless tobacco product shall ensure that its packet carries, on the most visible surface, the warning: "This tobacco product can damage your health and is addictive".

Size of warnings
    
8.  - (1) Subject to paragraph (2), the warnings required in accordance with - 



    (2) Where the area of the most visible surface of the packet of a tobacco product other than cigarettes exceeds 75 cm2 the warnings required in accordance with regulation 7(1)(a) and (b) shall each cover an area of at least 22.5 cm2.

Appearance of warnings and yield statements
    
9.  - (1) On each packet of a tobacco product the text of the yield statements required in accordance with regulation 4 and of the warnings required in accordance with regulation 7 shall be - 

    (2) In the case of tobacco products other than cigarettes the warnings required in accordance with regulations 4 and 7 may be affixed to the packet by means of an irremovable sticker.

    (3) The yield statements and warnings shall not - 

Product identification markings
    
10.  - (1) A producer of a tobacco product other than tobacco for oral use shall ensure that each packet of that product carries a code marking, whether by batch numbering or otherwise, whereby - 

of its manufacture may be determined.

    (2) A producer of a tobacco product shall provide to the Secretary of State such information as he shall require to enable him to interpret the code marking on that tobacco product for the purpose of any of his functions under these Regulations.

Product descriptions
    
11.  - (1) No person shall supply a tobacco product the packaging of which carries any name, brand name, text, trademark or pictorial or any other representation or sign which suggests that that tobacco product is less harmful to health than other tobacco products.

    (2) Paragraph (1) does not apply where a tobacco product is or is to be supplied for consumption outside the United Kingdom.

Provision of further product information
    
12.  - (1) A producer of tobacco products shall, before 1st October in each year, provide to the Secretary of State for each tobacco product he produces by brand name - 

Products imported from other member States
    
13. A person who imports tobacco products of any brand into the United Kingdom from another EEA State with a view to them being supplied for consumption in the United Kingdom shall be regarded as complying with the requirements of - 

of Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the member States concerning the manufacture, presentation and sale of tobacco products[6] and with any requirements imposed by that EEA State pursuant to that Directive.

Prohibitions on supply of non-compliant tobacco products
     14.  - (1) No person shall supply any tobacco product in respect of which the producer has not complied with any requirement of regulations 4 to 10 which relates to that product.

    (2) Except in relation to products intended for the travel retail sector, paragraph (1) does not apply where a tobacco product is or is to be supplied for consumption outside the United Kingdom.

    (3) Where in relation to a brand of cigarettes the producer is required by regulation 6 to provide on the packet a statement of tar, nicotine and carbon monoxide yields notified to him by, or agreed with, the Secretary of State, the producer shall not, after the expiry of a period of three months beginning with the date of expiry of the period of nine months mentioned in regulation 6(4)(a) or (b) or the date of the agreement, supply a packet of cigarettes which does not provide that statement.

Enforcement and penalties
    
15.  - (1) Notwithstanding that they are made partly in exercise of powers other than those conferred by section 11 of the Consumer Protection Act 1987, these Regulations shall be regarded for the purposes of enforcement (whether by criminal proceedings or otherwise) as safety regulations as defined in that Act[7] and except as provided by paragraph (2) any provision of these Regulations made under those other powers shall be regarded for those purposes as a safety provision as defined in that Act[8].

    (2) Where a person contravenes the prohibition in regulation 3 on manufacturing cigarettes which exceed the maximum permitted yields that person shall be guilty of an offence and the enforcement provisions of Part IV of the Consumer Protection Act 1987 shall apply to that manufacture as they apply to supply in contravention of a prohibition in safety regulations.

    (3) Subject to paragraph (4) the requirement of regulation 5(2) to provide samples shall, for the purposes of section 12(4)(a) of the Consumer Protection Act 1987, be treated as though it were a requirement to give information.

    (4) A person guilty of an offence under paragraphs (2) or (3) shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale.

Revocations
     16. The following regulations are revoked - 

Savings and transitional provisions
     17.  - (1) Regulation 5(2)(c) shall have effect, in relation to the year ending 31st December 2002, for the purposes of the notification by a producer of the carbon monoxide yields of cigarettes produced by him as if, for the words - 

    (2) Regulation 11 shall not apply to the supply of a tobacco product other than cigarettes produced before 30th September 2003 where the supply takes or is to take place before 30th September 2004.

    (3) Regulation 12 shall have effect, for the purposes of tobacco products produced during the 12 months preceding 1st October 2002, as if, for the words "before 1st October in each year", there were substituted the words "as soon as reasonably practicable after 30th December 2002, and in any event no later than 28th February 2003".

    (4) Regulation 14 shall not apply to the supply of a tobacco product produced before 31st December 2002 where the supply takes or is to take place - 

provided that, notwithstanding regulation 16(b), such cigarettes and other tobacco products comply until those dates with the relevant provisions of the 1991 Regulations, and for the purposes of this paragraph the 1991 Regulations shall continue to apply as though they had not been revoked.

    (5) Notwithstanding regulation 16(b), where on 30th September 2003 the procedure set out in regulation 10 of the 1991 Regulations for determining the statement of tar and nicotine yields on cigarette packets has been commenced in relation to a brand of cigarettes by notification by the Secretary of State to its producer, regulation 10 of the 1991 Regulations shall continue to apply to the determination of the tar and nicotine yields of that brand of cigarettes until the statements of tar and nicotine yields are agreed or notified in accordance with regulation 10(3) of the 1991 Regulations as though it had not been revoked.



Signed by authority of the Secretary of State for Health


Hazel Blears
Parliamentary Under Secretary of State, Department of Health

10th December 2002



SCHEDULE
Regulation 7


List of additional health warnings


     1. Smokers die younger.

     2. Smoking clogs the arteries and causes heart attacks and strokes.

     3. Smoking causes fatal lung cancer.

     4. Smoking when pregnant harms your baby.

     5. Protect children: don't make them breathe your smoke.

     6. Your doctor or your pharmacist can help you stop smoking.

     7. Smoking is highly addictive, don't start.

     8. Stopping smoking reduces the risk of fatal heart and lung diseases.

     9. Smoking can cause a slow and painful death.

     10. Get help to stop smoking: ring 0800 169 0 169.

     11. Smoking may reduce the blood flow and causes impotence.

     12. Smoking causes ageing of the skin.

     13. Smoking can damage the sperm and decreases fertility.

     14. Smoke contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations implement Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the member States concerning the manufacture, presentation and sale of tobacco products (OJ No. L 194 18.7.2001, p.26) ("the Directive"). For the implementation of article 8 of the Directive, prohibiting the placing on the market of tobacco for oral use, see the Tobacco for Oral Use (Safety) Regulations 1992 (SI 1992 No. 3134). The Directive repeals Council Directive 89/622/EEC (as amended by Directive 92/41/EEC) concerning the labelling of tobacco products and Council Directive 90/239/EEC concerning the maximum tar yield of cigarettes.

The Regulations are made in exercise of powers contained in the Consumer Protection Act 1987 and the European Communities Act 1972 and subject to the exceptions noted below came into force on 31st December 2002.

Regulation 3 stipulates maximum permitted yields of tar, nicotine and carbon monoxide in cigarettes. These maxima are to apply to cigarettes for supply in the United Kingdom and European Economic Area on 1st January 2004 and for those to be exported outside the European Economic Area on 1st January 2007 (these commencement dates are in regulation 1).

Regulation 4 requires a producer of cigarettes ("producer" is defined in regulation 2) to ensure that each packet of cigarettes carries a statement of the tar, nicotine and carbon monoxide yields.

Regulations 5 and 6 concern the procedures for the Secretary of State to verify the tar, nicotine and carbon monoxide yields of cigarettes and for resolving the situation when his tests show that yields exceed the permitted maximum or that the statements of yields on packets of cigarettes are inaccurate.

Regulation 7 requires producers of tobacco products to ensure that packets of their products carry specified warnings. Regulations 8 and 9 specify the size and appearance of those warnings.

Regulation 10 requires products to carry product identification markings enabling the place and time of manufacture to be determined.

Regulation 11 (which comes into force on 30th September 2003) prohibits the supply of tobacco products which carry any name, text or other representation or sign which suggests that that product is less harmful to health than others.

Regulation 12 requires producers of tobacco products to provide the Secretary of State an annual statement of information about the ingredients of each of their products.

Regulation 13 provides that an importer of tobacco products from another EEA State is to be treated as complying with regulations 3, 4, 8, 9 and 10 if the product complies with the equivalent requirements of that EEA State, adopted to implement the Directive.

Regulation 14 prohibits the supply of tobacco products which do not comply with the Regulations and regulation 15 provides that for enforcement purposes (both by criminal proceedings and otherwise) the Regulations are to be treated as safety regulations and safety provisions under the Consumer Protection Act 1987.

Regulation 16 provides for the revocation of the Cigarettes (Maximum Tar Yield) Regulations 1992 (in accordance with regulation 1(c) the revocation takes effect on 1st January 2004) and of the Tobacco Products Labelling (Safety) Regulations 1991 and the Tobacco Products Labelling (Safety) Amendment Regulations 1993.

Savings and transitional provisions are provided in regulation 17.

Copies of the International Standards referred to in the Regulations may be obtained from the British Standards Institute, 389 Chiswick High Road, London W4 4AL.

A Regulatory Impact Assessment and a Transposition Note have been prepared for these Regulations and a copy of each has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment and of the Transposition Note can be obtained from the Cancer & CVD Protection - Tobacco Policy Team, Room 646, Department of Health, Wellington House, 133-155 Waterloo Road, London SE1 8UG.


Notes:

[1] 1987 c.43.back

[2] 1972 c.68; see S.I. 1991/755 designating the Secretary of State for the purposes of that subsection in relation to measures relating to the sale, packaging, labelling and sampling of tobacco products.back

[3] S.I. 1991/1530, amended by S.I. 1993/1947.back

[4] OJ No. L1, 3.1.94, p.3.back

[5] OJ No. L1, 3.1.94, p.572.back

[6] OJ No. L194, 18.7.2001, p.26.back

[7] See sections 11(1) and 45(1) of that Act.back

[8] See section 45(1) of that Act.back

[9] S.I. 1992/2783.back

[10] S.I. 1991/1530.back

[11] S.I. 1993/1947.back



ISBN 0 11 044178 8


  Prepared 13 December 2002


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URL: http://www.bailii.org/uk/legis/num_reg/2002/20023041.html