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

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.