The Tobacco Products (Traceability and Security Features) Regulations 2019

PART 4 Security feature system

Unit packets must carry a security feature

13.—(1) Manufacturers and importers of tobacco products must ensure that each unit packet that they manufacture or import for supply in the United Kingdom carries a tamper-proof security feature that meets the requirements in paragraphs (2) to (5).

(2) The security feature must comply with a notice (that has not been replaced or revoked) given by HMRC to manufacturers and importers, in accordance with Articles 3(3) and 6(2) of the Commission Implementing Decision, as to—

(a) the combination or combinations of authentication elements from which the security feature must be composed, and

(b) the number of authentication elements to be provided by an authentication elements provider.

(3) The security feature must be—

(a) irremovably applied to a unit packet of tobacco product by—

(i) printing or affixing, or

(ii) a combination of printing and affixing, and

(b) indelible.

(4) The security feature must not be partially or totally hidden or interrupted by any other item, including through tax stamps, price marks, or other marking which is required under or by virtue of any enactment or the Commission Implementing Regulation.

(5) The security feature must be applied in a manner that—

(a) allows for the identification and verification of the authenticity of a unit packet of tobacco product for the entire time that pack is supplied, and

(b) protects the security feature from being replaced, reused or modified in any way.

Verification of authenticity of tobacco products

14.  Where HMRC have made a request in writing under Article 7(2) of the Commission Implementing Decision to a manufacturer or importer to provide samples of tobacco products currently supplied in the United Kingdom, the manufacturer or importer must provide the samples to HMRC in unit packet format (including the applied security feature) within a period of 30 days beginning on the day on which the request is made.