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STATUTORY INSTRUMENTS


2007 No. 2473

CONSUMER PROTECTION

The Tobacco Products (Manufacture, Presentation and Sale) (Safety) (Amendment) Regulations 2007

  Made 23rd August 2007 
  Laid before Parliament 29th August 2007 
  Coming into force 1st October 2008 

The Secretary of State for Health makes these Regulations in exercise of the powers in section 11 of the Consumer Protection Act 1987[1] and section 2(2) of the European Communities Act 1972[2].

     In accordance with section 11(5) of the Consumer Protection Act 1987 he has consulted such organisations as appear to him to be representative of interests substantially affected by the following Regulations and such other persons as he considers appropriate.

     The Secretary of State has been designated[3] for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the sale, packaging, labelling and sampling of tobacco products.

Citation, commencement and interpretation
     1. —(1) These Regulations may be cited as the Tobacco Products (Manufacture, Presentation and Sale) (Safety) (Amendment) Regulations 2007 and shall come into force on 1st October 2008.

    (2) In these Regulations "the principal Regulations" means the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002[
4].

Amendment of regulation 7 of the principal Regulations
     2. In regulation 7 (warnings on tobacco products) of the principal Regulations—

Amendment of regulation 9 of the principal Regulations
    
3. In regulation 9(1) (appearance of warnings and yield statements) of the principal Regulations immediately after "regulation 7" there is inserted "(other than paragraph (1)(b))".

Amendment of regulation 11 of the principal Regulations
    
4. In regulation 11(2) (product descriptions) of the principal Regulations at the end there is added—

Amendment of regulation 14 of the principal Regulations
    
5. In regulation 14 (prohibitions on the supply of non-compliant tobacco products) of the principal Regulations, for paragraph (2) there is substituted the following paragraph—

Substitution of the Schedule to the principal Regulations
    
6. For the Schedule to the principal Regulations there is substituted the Schedule in the Schedule to these Regulations.

Transitional provisions
    
7. The changes made to the principal Regulations by these Regulations shall not apply to the supply of a tobacco product produced before 1st October 2008 where the supply takes, or is to take, place—



Signed by authority of the Secretary of State for Health


Dawn Primarolo
Minister of State, Department of Health

23rd August 2007



SCHEDULE
Regulation 6


Schedule to be Substituted for the Schedule to the principal Regulations




EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, made under powers contained in the Consumer Protection Act 1987 and the European Communities Act 1972, amend the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 ("the principal Regulations").

Regulations 2, 3 and 6 and the Schedule further implement Article 5.3 of Directive 2001/37/EC of the European Parliament and of the Council of 5th 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 ("the Directive") (OJ No. L 194 18.7.2001, p. 26) under which Member States may require the additional warnings on the back of tobacco packets to be in the form of coloured photographs.

A CD with the required images and a European Commission guidance document on editing the images is available from the Department of Health, and can be sourced by emailing [email protected] or writing to the Tobacco Programme at the address given below.

Regulations 4 and 5 amend regulations 11 and 14 of the principal Regulations to extend requirements relating to product descriptions and product prohibitions to packets of tobacco products which are, or are to be, supplied for consumption in other EEA States. This gives effect to Articles 5 and 7 of the Directive.

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 the Transposition Note can be obtained from the Tobacco Programme, Department of Health, Room 712, Wellington House, 133-155 Waterloo Road, London SE1 8UG.


Notes:

[1] 1987 c. 43.back

[2] 1972 c. 68.back

[3] S.I. 1991/755.back

[4] S.I. 2002/3041.back



ISBN 978 0 11 078686 5


 © Crown copyright 2007

Prepared 29 August 2007


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URL: http://www.bailii.org/uk/legis/num_reg/2007/20072473.html