The Tobacco Advertising and Promotion (Specialist Tobacconists) (Wales) Regulations 2012

Welsh Statutory Instruments

2012 No. 1287 (W.164)

PUBLIC HEALTH, WALES

The Tobacco Advertising and Promotion (Specialist Tobacconists) (Wales) Regulations 2012

Made

14 May 2012

Laid before the National Assembly for Wales

16 May 2012

Coming into force

6 April 2015

The Welsh Ministers in exercise of the powers conferred by sections 6(A1), 7B(3) and 19(2) of the Tobacco Advertising and Promotion Act 2002(1), and section 26(3) of the Welsh Language Act 1993(2) make the following Regulations.

Title, commencement, interpretation and application

1.—(1) The title of these Regulations is the Tobacco Advertising and Promotion (Specialist Tobacconists) (Wales) Regulations 2012 and they come into force on 6 April 2015.

(2) In these Regulations “the Act” (“y Ddeddf”) means the Tobacco Advertising and Promotion Act 2002.

(3) These Regulations apply in relation to Wales.

Advertising in specialist tobacconists

2.—(1) No offence is committed under section 2 of the Act (prohibition of tobacco advertising) if a tobacco advertisement—

(a) is in a specialist tobacconist(3);

(b) is not for cigarettes or hand-rolling tobacco; and

(c) complies with the requirements specified in the following paragraphs.

(2) A tobacco advertisement must not be visible from outside of the premises of the specialist tobacconist.

(3) Each advertisement must include an area (“the information area”) (“yr adran wybodaeth”) in which are displayed—

(a) a health warning as specified in paragraph (4); and

(b) the following health information—

• “Llinell Gymorth i Ysmygwyr yng Nghymru

• 0800 169 0 169

• Smokers' Helpline Wales”.

(4) The health warning must state—

(a) in a case where half or more of the area of an advertisement other than the information area (“the advertisement area”) (“yr adran hysbysebu”) is used to advertise tobacco products which are intended to be smoked—

• ““Mae ysmygu yn lladd / Smoking kills” or

• “Mae ysmygu yn achosi niwed difrifol i chi ac eraill o'ch cwmpas / Smoking seriously harms you and others around you””; and

(b) in any other case—

• “Gall cynhyrchion tybaco achosi niwed difrifol i'ch iechyd a gallwch fynd yn gaeth iddynt / Tobacco products can seriously damage your health and are addictive”.

(5) The information area under paragraph (3) must be—

(a) in a case where the total area of the advertisement exceeds 75 square centimetres, at least 22.5 square centimetres; and

(b) in any other case, not less than 30% of the total area of the advertisement,

and, for the purposes of this paragraph, the total area of the advertisement means the advertisement area and the information area.

(6) The health warning and health information which are required to be displayed under paragraph (3) must be—

(a) indelible;

(b) legible;

(c) printed in black Helvetica bold type on a white background;

(d) in a font size consistent throughout the text which ensures that the text occupies the greatest possible proportion of the information area;

(e) in upper case and lower case type as used in the health information in paragraph (3) or, as the case may be, in the health warning in question in paragraph (4);

(f) centred in the area in which the text is required to be printed;

(g) displayed parallel to the floor;

(h) surrounded by a black border outside the information area which must be not less than 3 millimetres and not more than 4 millimetres in width, which does not interfere with the text of the warning or information; and

(i) irremovably printed on the advertisement or affixed to the advertisement by means of an irremovable sticker.

Display of tobacco products in specialist tobacconists

3.  No offence is committed under section 7A(1) of the Act (prohibition of tobacco displays)(4) by a display of tobacco products if the display is—

(a) in a specialist tobacconist; and

(b) not visible from outside of the premises of the specialist tobacconist.

Revocations

4.  The Tobacco Advertising and Promotion (Specialist Tobacconists) Regulations 2004(5) are revoked in relation to Wales.

Lesley Griffiths

Minister for Health and Social Services, one of the Welsh Ministers

14 May 2012

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for exemptions in relation to specialist tobacconists from the prohibition of tobacco advertisements imposed by section 2 of the Tobacco Advertising and Promotion Act 2002 (“the Act”) and the prohibition of tobacco displays imposed by section 7A of the Act. Specialist tobacconists are shops that sell tobacco products by retail more than half of whose sales derive from the sale of cigars, snuff, pipe tobacco and smoking accessories.

Regulation 2 allows the publication of advertisements for tobacco products, other than cigarettes or hand-rolling tobacco, in specialist tobacconists provided that the advertisement is not visible from outside of the premises and contains the required bilingual health warning and health information, in the required form. The requirement for a bilingual health warning and health information applies to the advertisement and not to the tobacco products themselves.

Regulation 3 allows the display of tobacco products, including cigarettes and hand-rolling tobacco, in specialist tobacconists if the tobacco products are not visible from outside of the premises.

The Tobacco Advertising and Promotion (Specialist Tobacconists) Regulations 2004 are revoked in relation to Wales by regulation 4.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Life Course Branch, Health Improvement Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

2002 c. 36. Section 6(A1) and section 7B(3) were inserted by the Health Act 2009 (c. 21), sections 20 and 21. The Welsh Ministers are the “appropriate Minister” in relation to Wales under section 21(1) of the Tobacco Advertising and Promotion Act 2002 (“the Act”), which were substituted by section 24 of, and paragraphs 2 and 12 of Schedule 4 to, the Health Act 2009.

(2)

1993 c. 38.

(3)

See section 6(2) and (3) of the Act for the definition of “specialist tobacconist”.

(4)

Section 7A of the Act was inserted by the Health Act 2009 (c. 21), section 21.

(5)

S.I. 2004/1277.