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

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—

(a) provide the Secretary of State with such samples, at such times and intervals, and from such sources, as the Secretary of State may reasonably require;

(b) within the period of one week beginning with the date on which he first supplies a new brand in the United Kingdom notify the Secretary of State of the tar, nicotine and carbon monoxide yields shown and expressed as specified in regulation 4(2);

(c) before 1st October in each year notify the Secretary of State—

(i) of the names of all brands of cigarettes produced and to be produced by him during the 12 months preceding that 1st October and of the tar, nicotine and carbon monoxide yields determined by the producer and shown and expressed as specified in regulation 4(2), and

(ii) of the renaming or discontinuance of any brand produced by him within the 12 months preceding that 1st October.

(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.