The Tobacco Products Labelling (Safety) Amendment Regulations 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Tobacco Products Labelling (Safety) Regulations 1991 (“the principal Regulations”) in partial implementation of Council Directive No. 92/41/EEC (OJ No. L 158, 11.6.92, p.30). Regulation 3 introduces into the principal Regulations three new regulations 4A, 4B and 4C.

In relation to rolling tobacco, producers are required to ensure that each packet carries one of six health warnings additional to the general warning (new regulation 4A). The additional health warnings are specified in Part I of Schedule 1 (as substituted by regulation 7 of these Regulations); they are the same six as apply in relation to packets of cigarettes. Regulation 4A requires that these warnings should appear on an equal number of packets over the course of a year, with a 5 per cent. allowance made for variation above or below that number.

In relation to cigars, cigarillos, pipe tobacco and any other tobacco product except cigarettes, rolling tobacco and smokeless tobacco products, producers are required to ensure that each packet carries one of four health warnings additional to the general warning (new regulation 4B). These health warnings are specified in Part II of Schedule 1 (as substituted by regulation 7 of these Regulations). Regulation 4B requires that in any period of 12 months these warnings should appear in rotation on the packets produced.

In relation to smokeless tobacco products producers are required to ensure that each packet carries the additional warning “Causes cancer” (regulation 4C).

Regulation 4 substitutes for regulation 5(1) of the principal Regulations a new paragraph, which retains the existing requirements as to the visibility and position of the general warning on tobacco products other than cigarettes and also—

(a) applies those requirements to the warnings required by new regulations 4A, 4B and 4C; and

(b) specifies the size of the area to be covered by the general warning and the additional warnings required by regulations 4A, 4B and 4C.

Regulation 5 makes consequential amendments to regulation 8 of the principal Regulations (products imported from other member States).

Regulation 6 amends regulation 13 of the principal Regulations (transitional provisions) to make provision in relation to the requirements introduced by these Regulations.

Regulation 7 substitutes a new Schedule to the principal Regulations, Part I of which retains the existing additional warnings for cigarettes (which are now to be used also for rolling tobacco) and Part II of which contains the additional health warnings to be used for cigars, cigarillos, pipe tobacco etc.