2003 No. 1471
The Tobacco Products (Descriptions of Products) Order 2003
Approved by the House of Commons
Made
Laid before the House of Commons
Coming into force
The Treasury, in exercise of the powers conferred upon them by section 1(3) of the Tobacco Products Duty Act 1979 M1, and of all other powers enabling them in that behalf, hereby make the following Order:
Citation and commencement1
This Order may be cited as the Tobacco Products (Descriptions of Products) Order 2003 and comes into force on 1st August 2003.
Interpretation2
In this Order “the Act” means the Tobacco Products Duty Act 1979.
Repeal and revocation3
1
Subsections (2) and (2A) of section 1 of the Act M2 are repealed.
2
The Tobacco Products (Cigarettes and Cigars) Order 1977 M3 is revoked.
Cigarettes4
1
Subject to paragraph (2) below, references to cigarettes in the Act include any product that comprises—
a
rolls of tobacco capable of being smoked as they are and that are not cigars, or
b
rolls of tobacco that, by simple non-industrial handling, are—
i
inserted into cigarette-paper tubes, or
ii
wrapped in cigarette paper.
2
References to cigarettes in the Act include products consisting in whole or in part of substances other than tobacco that otherwise conform to a description in paragraph (1) above F6....
Cigars5
References to cigars in the Act include any product that is described in the Schedule below and do not include tobacco products of any other description.
Hand-rolling tobacco6
1
References to hand-rolling tobacco in the Act include any product that would, but for the reference to hand-rolling tobacco in article 7(1) below, be other smoking tobacco and—
a
in which more than 25% by weight of the tobacco particles have a cut width of less than F11.5 millimetres, or
b
that is sold or intended to be sold for making into cigarettes by hand, or
c
that is of a kind used for making into cigarettes by hand.
2
In this regulation—
a
the references to “making into cigarettes by hand” in paragraph (1)(b) and (c) above include making into cigarettes by hand with the aid of a mechanical device, and
b
the use for making into cigarettes referred to in paragraph (1)(c) above must amount to more than occasional use but need not amount to common use.
Other smoking tobacco7
1
Subject to paragraph (2) below, references to other smoking tobacco in the Act include any product that is not cigarettes, cigars, or hand-rolling tobacco and comprises—
a
tobacco that has been cut or otherwise split, twisted or pressed into blocks, and is capable of being smoked without further industrial processing, or
b
tobacco refuse put up for retail sale that can be smoked.
2
References to other smoking tobacco in the Act include products consisting in whole or in part of substances other than tobacco that otherwise conform to a description in paragraph (1) above F7....
F23
For the purposes of paragraph (1), “tobacco refuse” means the remnants of tobacco leaves and the by-products of the processing of tobacco or the manufacture of tobacco products.
Chewing tobacco8
1
Subject to paragraph (2) below, references to chewing tobacco in the Act include any product that—
a
is not cigarettes, cigars, hand-rolling tobacco, or other smoking tobacco,
b
consists of or includes tobacco, and
c
has been prepared so that it can be chewed.
2
References to chewing tobacco in the Act include any product prepared for chewing that does not include tobacco but consists in whole or in part of a substitute for tobacco, except for such a product that is intended solely as an aid to persons to give up smoking.
F8Tobacco for heating9
1
References to tobacco for heating in the Act include any product that—
a
is not cigarettes, cigars, hand-rolling tobacco, other smoking tobacco, or chewing tobacco; and
b
consists of tobacco prepared for heating, without combustion, in order to produce or flavour vapour.
2
In paragraph (1)(b), “tobacco” includes tobacco mixed with any substance other than tobacco.
3
References to tobacco for heating in the Act do not include any product that consists wholly of a substance or substances used as a substitute for tobacco.
SCHEDULEDescriptions of Cigars
F31
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Cigars with an outer wrapper of natural tobacco. Cigars falling within this description include cigars containing a mixture of tobacco and other substances; provided that they have an outer wrapper of natural tobacco. A cigar containing only substances other than tobacco does not fall within this description.
F43
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Cigars with a threshed blend filler and with an outer wrapper that has the normal colour of a cigar. The outer wrapper must be made of reconstituted tobacco and must cover the cigar in full, including where appropriate the filter, but not (in the case of cigars with a mouthpiece) the mouthpiece. If the filler is held together with a binder, the binder may be made of a material other than tobacco or reconstituted tobacco. F5Each cigar must have a unit weight (excluding the weight of any filter or mouthpiece) of not less than 2.3 grams and not more than 10 grams. The circumference over at least one third of the length of the cigar must not be less than 34 mm. A cigar containing only substances other than tobacco does not fall within this description.
5
A product that is described as a cigarillo but falls within one of the above descriptions is a cigar.
1979 c. 7; section 1(3) was amended by the Finance Act 1993 (c. 34), section 14(5).