The Tobacco Products Labelling (Safety) Regulations 1991

Interpretation

2.  –

(1) In these Regulations unless the context otherwise requires–

• “back face”, in relation to a rectangular cigarette packet, means the side opposite to the most visible surface;

• “general warning” means the warning specified in regulation 3;

• “ISO 3400” means the International Standard entitled Cigarettes—Determination of alkaloids in smoke condensates—Spectrometric method ISO 3400: 1989 (E) second edition published by the International Organisation for Standardisation on 1st July 1989;

• “ISO 4387” means the International Standard entitled Cigarettes—Determination of total and dry particulate matter using a routine analytical cigarette-smoking machine—Glass fibre filter smoke trap method ISO 4387: 1987 (E) first edition published by the International Organisation for Standardisation on 15th April 1987;

• “ISO 8243” means the International Standard entitled Cigarettes—Sampling ISO 8243: 1988 (E) first edition published by the International Organisation for Standardisation on 15th February 1988;

• “member State” means a member State of the European Economic Community;

• “most visible surface”, in relation to a rectangular cigarette packet, means that surface of the packet which is, or is equal in area to, the largest surface and either–

  (a)

  faces a person opening that packet, or

  (b)

  where no such surface faces a person opening the packet, carries most pro-minently the name, trademark or other distinguishing mark of the brand of -cigarettes,

  and in relation to other cigarette packets means the most conspicuous surface;

• “nicotine” means nicotinic alkaloids;

• “packet”, in relation to a tobacco product, means any box, package, container or other receptacle which contains the product, and in which the product is, or is intended to be, presented for retail supply, excluding any additional outer wrapping (whether or not transparent) which may be discarded on opening, and where any such receptacle is or is to be contained in another such receptacle (excluding such outer wrapping), includes each such receptacle;

• “producer”, in relation to a tobacco product, means a person who in the course of a business–

  (a)

  manufactures it,

  (b)

  puts a name, trademark or other distinguishing mark on it, by which he holds himself out to be its manufacturer or originator, or

  (c)

  imports it into the United Kingdom,

  with a view to the product being supplied for consumption in the United Kingdom; and “produce” shall be construed accordingly;

• “rectangular”, in relation to a packet of cigarettes, denotes a packet having only rectangular surfaces;

• “tar” means the raw anhydrous nicotine-free condensate of smoke;

• “tobacco product” means a product made wholly or partly of tobacco for the purpose of being smoked, sniffed, sucked or chewed, but does not include a product which is made partly of tobacco and is intended to help a consumer of tobacco products to stop or reduce his use of such products.

(2) In these Regulations–

(a) any reference to a Standard is a reference to that Standard as it has effect on the date on which these Regulations are made (including any amendment to that Standard taking effect on or before that date); and

(b) where any Standard mentioned specifies relevant requirements by reference to another Standard, that reference is to be construed for the purposes of these Regulations as a reference to that other Standard as it has effect on the date on which these Regulations are made (including any amendment to that other Standard taking effect on or before that date).

(3) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule, as the case may be, which bears that number in these Regulations, and any reference to a numbered paragraph in a regulation of these Regulations is a reference to the paragraph bearing that number in that regulation.