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The Standardised Packaging of Tobacco Products Regulations 2015

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Standardised Packaging of Tobacco Products Regulations 2015 No. 829

SCHEDULES

Regulation 3

SCHEDULE 1Exceptions to regulation 3(2) and (3) (colour and shade of packaging of cigarettes)

Text which states brand name and variant name

1.—(1) The external packaging of a unit packet or container packet of cigarettes may have text printed on it which states the brand name and variant name of the cigarettes but only if each of the following conditions is met.

(2) Those conditions are—

(a)that the text does not contain any character which is not alphabetic, numeric or an ampersand,

(b)that the first letter of any word is in upper-case type or lower-case type,

(c)that the rest of any word is in lower-case type,

(d)that the text is printed in Helvetica type,

(e)that the colour of the text is Pantone Cool Gray 2 C with a matt finish,

(f)that the text is in a normal, weighted, regular typeface,

(g)that the brand name does not take up more than one line,

(h)that the variant name does not take up more than one line,

(i)that the variant name appears immediately below the brand name and has the same orientation as it,

(j)that the size of the brand name is no larger than 14 point,

(k)that the size of the variant name is no larger than 10 point,

(l)that the brand name and variant name may appear only, and not more than once, on each of the following surfaces—

(i)the front surface of the unit packet or container packet,

(ii)one of the smallest surfaces of the packet, and

(iii)the other smallest surface of the packet,

(m)that the brand name and variant name are located at the centre of any such surface or, where such a surface contains a health warning, at the centre of the area of the surface not taken up by the health warning, and

(n)that the text on any surface which contains a health warning is orientated in accordance with the warning.

Text which states the number of cigarettes.

2.—(1) The external packaging of a unit packet or container packet of cigarettes may have text printed on it—

(a)which states the number of cigarettes contained in the packet, and

(b)which may be followed by the word “Cigarettes”,

but only if each of the following conditions is met.

(2) Those conditions are—

(a)that the number is expressed in numeric characters,

(b)in the case of a container packet of an aggregation of unit packets, that the number so expressed is either—

(i)the total number of cigarettes in the container packet, or

(ii)the number of unit packets in the container packet multiplied by the number of cigarettes in each unit packet, with the multiplication symbol being expressed as an “x”,

(c)that the first letter of the word “Cigarettes” is in upper-case type or lower-case type,

(d)that the rest of that word is in lower-case type,

(e)that the text is printed in Helvetica type,

(f)that the colour of the text is Pantone Cool Gray 2 C with a matt finish,

(g)that the text is in a normal, weighted, regular typeface,

(h)in the case of a unit packet, that the size of the text is no larger than 10 point,

(i)in the case of a container packet, that the size of the text is no larger than 14 point,

(j)that the text appears only once, and

(k)that the text on any surface which contains a health warning is orientated in accordance with the warning.

Text which gives details about producer

3.—(1) A unit packet or container packet of cigarettes may have text printed on its external or internal packaging (but not on both its external and internal packaging) which states all or any of the following—

(a)the words “The producer’s contact details are:”,

(b)the name of the producer,

(c)the address of the producer,

(d)the email address of the producer, and

(e)the telephone number of the producer,

but only if each of the following conditions is met.

(2) Those conditions are—

(a)that the text does not contain any character which is not alphabetic, numeric or an ampersand or, in the case of an email address, an @ sign,

(b)that the first letter of any word is in upper-case type or lower-case type,

(c)that the rest of any word is in lower-case type,

(d)that the text is printed in Helvetica type,

(e)that the colour of the text—

(i)if it appears on the external packaging, is Pantone Cool Gray 2 C with a matt finish, or

(ii)if it appears on the internal packaging, is one of the following, namely Pantone Cool Gray 2 C with a matt finish, Pantone 448 C with a matt finish or black with a matt finish,

(f)that the text is in a normal, weighted, regular typeface,

(g)that the size of the text is no larger than 10 point,

(h)that the text appears only once, and

(i)that the text does not appear on the front surface of the unit packet or container packet.

Barcode

4.—(1) The external packaging of a unit packet or container packet of cigarettes may contain a barcode but only if each of the following conditions is met.

(2) Those conditions are—

(a)that the sole purpose of the barcode is to facilitate the sale, distribution and stock control of the tobacco product,

(b)that the colour of the barcode is either—

(i)black and white, or

(ii)Pantone 448 C and white,

(c)that the barcode does not form a picture, pattern, image or symbol that is recognisable as anything other than a barcode,

(d)that the barcode appears only once, and

(e)that the barcode does not appear on the front surface of the unit packet or container packet.

Calibration mark

5.—(1) The external packaging of a unit packet or container packet of cigarettes may contain a calibration mark but only if both of the following conditions are met.

(2) Those conditions are—

(a)that the calibration mark appears only so far as it is necessary for the automated manufacture of the packaging of the cigarettes, and

(b)that the calibration mark, if visible or otherwise detectable, is as inconspicuous as possible so far as is consistent with its function in connection with that automated manufacture.

Regulation 6

SCHEDULE 2Further provisions about the packaging of cigarettes

Surfaces

1.—(1) Any surface of the external or internal packaging of a unit packet or container packet of cigarettes—

(a)must be smooth and flat, and

(b)must contain no ridges, embossing or other irregularities of shape or texture.

(2) Sub-paragraph (1) is subject to—

(a)paragraph 3(2), and

(b)any provision to the contrary made by any enactment (whenever passed or made) other than these Regulations.

Inserts etc

2.—(1) No insert or additional material may be attached to or included with the packaging of a unit packet or container packet of cigarettes.

(2) Sub-paragraph (1) does not prohibit a barcode in relation to which each of the conditions in paragraph 4(2) of Schedule 1 is met from taking the form of an adhesive label.

Lining

3.—(1) If a unit packet of cigarettes contains a lining as part of its internal packaging—

(a)the lining must be a silver coloured foil with a white paper backing, and

(b)there must be no variation in the tone or shade of the foil.

(2) Paragraph 1 does not prohibit such a lining from being textured over any entire surface with small dots or squares embossed on the lining if—

(a)that texture is required for the purpose of—

(i)the automated manufacture of the lining, or

(ii)the packing of cigarettes into the packet, and

(b)the dots or squares—

(i)are equidistant from each other,

(ii)are of uniform size, and

(iii)do not form a picture, pattern, image or symbol that is recognisable as anything other than a lining.

Wrappers

4.—(1) Each of the following, namely—

(a)a unit packet of cigarettes,

(b)an aggregation of such unit packets which is not contained in a container packet, and

(c)a container packet of cigarettes,

may be enclosed by a wrapper but only if each of the following conditions is met.

(2) Those conditions are—

(a)that the wrapper is clear and transparent,

(b)that the wrapper is not coloured or marked,

(c)that any surface of the wrapper—

(i)is smooth and flat, and

(ii)does not contain any ridge, embossing or other irregularity of shape or texture that is not a necessary result of the manufacturing process, and

(d)that there is nothing attached to the wrapper,

but this is subject to the following provisions.

(3) A wrapper which encloses an aggregation of unit packets within sub-paragraph (1)(b) may have solid, black rectangles or squares but only so far as they are necessary, and of the minimum size necessary, to cover any barcode on the unit packets enclosed within the wrapper.

(4) A wrapper may have a tear tape if each of the conditions in sub-paragraph (5) is met.

(5) Those conditions are—

(a)that the tear tape is either—

(i)clear and transparent and not coloured or marked, or

(ii)black in colour,

(b)that the tear tape forms a continuous straight line which is of a constant width not exceeding 3 millimetres, and

(c)that the tear tape is parallel to any straight edge of the packet enclosed by the wrapper.

(6) Sub-paragraph (5)(a)(i) does not prohibit the tear tape from including a single, solid black line which—

(a)is not more than 15 millimetres long, and

(b)indicates where the tear strip begins.

(7) A wrapper may have a barcode (and that barcode may take the form of an adhesive label) but only if each of the following conditions is met.

(8) Those conditions are—

(a)that the sole purpose of the barcode is to facilitate the sale, distribution and stock control of the tobacco product,

(b)that the colour of the barcode is either—

(i)black and white, or

(ii)Pantone 448 C and white,

(c)that the barcode does not form a picture, pattern, image or symbol that is recognisable as anything other than a barcode,

(d)that the barcode appears only once, and

(e)that the barcode does not appear on that part of the wrapper which covers the front of the unit packet, aggregation of unit packets or container packet.

Regulation 7

SCHEDULE 3Exceptions to regulation 7(2) and (3) (colour and shade of packaging of hand rolling tobacco)

Text which states brand name and variant name

1.—(1) The external packaging of a unit packet or container packet of hand rolling tobacco may have text printed on it which states the brand name and variant name of that product but only if each of the following conditions is met.

(2) Those conditions are—

(a)that the text does not contain any character which is not alphabetic, numeric or an ampersand,

(b)that the first letter of any word is in upper-case type or lower-case type,

(c)that the rest of any word is in lower-case type,

(d)that the text is printed in Helvetica type,

(e)that the colour of the text is Pantone Cool Gray 2 C with a matt finish,

(f)that the text is in a normal, weighted, regular typeface,

(g)that the brand name does not take up more than one line,

(h)that the variant name does not take up more than one line,

(i)that the variant name appears immediately below the brand name and has the same orientation as it,

(j)that the size of the brand name is no larger than 14 point,

(k)that the size of the variant name is no larger than 10 point,

(l)in the case of a unit packet which is cuboid in shape or a container packet which is not cylindrical in shape, that the brand name and variant name may appear only, and not more than once, on each of the following surfaces—

(i)the front surface of the packet,

(ii)one of the smallest surfaces of the packet, and

(iii)the other smallest surface of the packet,

(m)in the case of a unit packet or container packet which is cylindrical in shape, that the brand name and variant name may appear only, and not more than once, on each of the following surfaces—

(i)the front surface of the packet,

(ii)the back surface of the packet, and

(iii)the lid of the packet,

(n)in the case of a unit packet which takes the form of a pouch, that the brand name and variant name may appear only, and not more than once, on each of the following surfaces—

(i)the front surface of the packet,

(ii)the back surface of the packet, and

(iii)if the pouch takes the form of a rectangular pocket with a flap that covers the opening, the hidden surface of the packet,

(o)that the brand name and variant name are located at the centre of any such surface or, where such a surface contains a health warning, at the centre of the area of the surface not taken up by the health warning, and

(p)that the text on any surface which contains a health warning is orientated in accordance with the warning.

Text which states the weight of tobacco

2.—(1) The external packaging of a unit packet or container packet of hand rolling tobacco may have text printed on it—

(a)which states the weight of tobacco in grams contained in the packet, and

(b)which may be followed by the word “Rolling Tobacco” or “Hand Rolling Tobacco”,

but only if each of the following conditions is met.

(2) Those conditions are—

(a)that the weight of tobacco is expressed in numeric characters followed by the letter “g”,

(b)in the case of a container packet of an aggregation of unit packets, that the weight so expressed is either—

(i)the total weight of tobacco in the container packet, or

(ii)the number of unit packets in the container packet multiplied by the weight of tobacco in each unit packet, with the multiplication symbol being expressed as an “x”,

(c)that the first letter of any word is in upper-case type or lower-case type,

(d)that the rest of any word is in lower-case type,

(e)that the text is printed in Helvetica type,

(f)that the colour of the text is Pantone Cool Gray 2 C with a matt finish,

(g)that the text is in a normal, weighted, regular typeface,

(h)in the case of a unit packet, that the size of the text is no larger than 10 point,

(i)in the case of a container packet, that the size of the text is no larger than 14 point,

(j)that the text appears only once, and

(k)that the text on any surface which contains a health warning is orientated in accordance with the warning.

Text which gives details about producer

3.—(1) A unit packet or container packet of hand rolling tobacco may have text printed on its external or internal packaging (but not on both its external and internal packaging) which states all or any of the following—

(a)the words “The producer’s contact details are:”,

(b)the name of the producer,

(c)the address of the producer,

(d)the email address of the producer, and

(e)the telephone number of the producer,

but only if each of the following conditions is met.

(2) Those conditions are—

(a)that the text does not contain any character which is not alphabetic, numeric or an ampersand or, in the case of an email address, an @ sign,

(b)that the first letter of any word is in upper-case type or lower-case type,

(c)that the rest of any word is in lower-case type,

(d)that the text is printed in Helvetica type,

(e)that the colour of the text—

(i)if it appears on the external packaging, is Pantone Cool Gray 2 C with a matt finish, or

(ii)if it appears on the internal packaging, is one of the following, namely Pantone Cool Gray 2 C with a matt finish, Pantone 448 C with a matt finish or black with a matt finish,

(f)that the text is in a normal, weighted, regular typeface,

(g)that the size of the text is no larger than 10 point,

(h)that the text appears only once, and

(i)that the text does not appear on the front surface of the unit packet or container packet.

Text about cigarette papers and filters

4.—(1) If, in accordance with paragraph 2(2) of Schedule 4, a unit packet of hand rolling tobacco includes both cigarette papers and filters or either cigarette papers or filters, the external packaging of the unit packet, and of any container packet in which it is contained, may have printed on it such of the following texts as is applicable—

(a)“includes cigarette papers and filters”,

(b)“includes cigarette papers”, or

(c)“includes filters”,

but only if each of the conditions in sub-paragraph (3) is met.

(2) If, in accordance with paragraph 2(2) of Schedule 4, a container packet of hand rolling tobacco includes both cigarette papers and filters or either cigarette papers or filters, the external packaging of the container packet may have printed on it such of the following texts as is applicable—

(a)“includes cigarette papers and filters”,

(b)“includes cigarette papers”, or

(c)“includes filters”,

but only if each of the conditions in sub-paragraph (3) is met.

(3) Those conditions are—

(a)that the text is in lower-case type,

(b)that the text is printed in Helvetica type,

(c)that the colour of the text is Pantone Cool Gray 2 C with a matt finish,

(d)that the text is in a normal, weighted, regular typeface,

(e)that the text appears below any variant name (or, if there is no variant name, below any brand name),

(f)that the size of the text is no larger than 10 point, and

(g)that the text appears only once.

Barcode

5.—(1) The external packaging of a unit packet or container packet of hand rolling tobacco may contain a barcode but only if each of the following conditions is met.

(2) Those conditions are—

(a)that the sole purpose of the barcode is to facilitate the sale, distribution and stock control of the tobacco product,

(b)that the colour of the barcode is either—

(i)black and white, or

(ii)Pantone 448 C and white,

(c)that the barcode does not form a picture, pattern, image or symbol that is recognisable as anything other than a barcode,

(d)that the barcode appears only once, and

(e)that the barcode does not appear on the front surface of the unit packet or container packet.

Calibration mark

6.—(1) The external packaging of a unit packet or container packet of hand rolling tobacco may contain a calibration mark but only if both of the following conditions are met.

(2) Those conditions are—

(a)that the calibration mark appears only so far as it is necessary for the automated manufacture of the packaging of the hand rolling tobacco, and

(b)that the calibration mark, if visible or otherwise detectable, is as inconspicuous as possible so far as is consistent with its function in connection with that automated manufacture.

Regulation 9

SCHEDULE 4Further provisions about the packaging of hand rolling tobacco

Surfaces

1.—(1) Any surface of the external or internal packaging of a unit packet or container packet of hand rolling tobacco—

(a)must be smooth and, in the case of a unit packet or container packet which is cuboid in shape, flat, and

(b)must contain no ridges, embossing or other irregularities of shape or texture.

(2) Sub-paragraph (1) does not prohibit the inclusion—

(a)in the case of a unit packet of hand rolling tobacco in the form of a pouch, of any feature which occurs as a necessary part of the process of sealing the pouch during its manufacture, or

(b)in the case of a unit packet or container packet of hand rolling tobacco which is cylindrical in shape, of any feature which is necessary to affix the bottom of the cylinder or to enable the lid of the cylinder to be opened and closed.

(3) Sub-paragraph (1) is subject to—

(a)paragraph 3(3), and

(b)any provision to the contrary made by any enactment (whenever passed or made) other than these Regulations.

Inserts etc

2.—(1) No insert or additional material may be attached to or included with the packaging of a unit packet or container packet of hand rolling tobacco.

(2) Sub-paragraph (1) does not prohibit the inclusion in a unit packet or container packet of hand rolling tobacco of—

(a)cigarette papers, or

(b)filters,

provided they are not visible before the packet is opened.

(3) Sub-paragraph (1) does not prohibit a barcode in relation to which each of the conditions in paragraph 5(2) of Schedule 3 is met from taking the form of an adhesive label.

Tab and seal

3.—(1) If a unit packet of hand rolling tobacco has a tab for resealing the packet, the tab must be clear and transparent and not coloured or marked.

(2) If a unit packet of hand rolling tobacco which is cylindrical in shape contains a foil seal as part of its internal packaging, the foil seal must be silver coloured with no variation in tone or shade.

(3) Paragraph 1 does not prohibit such a foil seal from being textured over any entire surface with small dots or squares embossed on the seal if the dots or squares —

(a)are equidistant from each other,

(b)are of uniform size, and

(c)do not form a picture, pattern, image or symbol that is recognisable as anything other than a foil seal.

Wrappers

4.—(1) Each of the following, namely—

(a)a unit packet of hand rolling tobacco,

(b)an aggregation of such unit packets which is not contained in a container packet, and

(c)a container packet of such tobacco,

may be enclosed by a wrapper but only if each of the following conditions is met.

(2) Those conditions are—

(a)that the wrapper is clear and transparent,

(b)that the wrapper is not coloured or marked,

(c)that any surface of the wrapper—

(i)is smooth and, in the case of a unit packet or container packet which is cuboid in shape, flat, and

(ii)does not contain any ridge, embossing or other irregularity of shape or texture that is not a necessary result of the packaging process, and

(d)that there is nothing attached to the wrapper,

but this is subject to the following provisions.

(3) A wrapper which encloses an aggregation of unit packets within sub-paragraph (1)(b) may have solid, black rectangles or squares but only so far as they are necessary, and of a minimum size necessary, to cover any barcode on the unit packets enclosed within the wrapper.

(4) A wrapper may have a tear tape if each of the conditions in sub-paragraph (5) is met.

(5) Those conditions are—

(a)that the tear tape is either—

(i)clear and transparent and not coloured or marked, or

(ii)black in colour,

(b)that the tear tape forms a continuous straight line which is of a constant width not exceeding 3 millimetres, and

(c)that the tear tape is parallel to any straight edge of the packet enclosed by the wrapper.

(6) Sub-paragraph (5)(a)(i) does not prohibit the tear tape from including a single, solid black line which—

(a)is not more than 15 millimetres long, and

(b)indicates where the tear strip begins.

(7) A wrapper may have a barcode (and that barcode may take the form of an adhesive label) but only if each of the following conditions is met.

(8) Those conditions are—

(a)that the sole purpose of the barcode is to facilitate the sale, distribution and stock control of the tobacco product,

(b)that the colour of the barcode is either—

(i)black and white, or

(ii)Pantone 448 C and white,

(c)that the barcode does not form a picture, pattern, image or symbol that is recognisable as anything other than a barcode,

(d)that the barcode appears only once, and

(e)that the barcode does not appear on that part of the wrapper which covers the front of the unit packet, aggregation of unit packets or container packet.

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