The Tobacco Products (Traceability and Security Features) Regulations 2019

[F1 Sanctions U.K.

20A.— (1) A person who contravenes regulation 6(1) is liable to sanctions in accordance with regulations 20B and 21(2).

(2) For the purposes of these Regulations—

(a) a Category A contravention means supplying 99 or fewer units of tobacco products in contravention of paragraph (1);

(b) a Category B contravention means supplying 100 or more such units of tobacco products but fewer than 300;

(c) a Category C contravention means supplying 300 or more such units of tobacco products but fewer than 500;

(d) a Category D contravention means supplying 500 or more such units of tobacco products;

(e) a second contravention is one that occurs before the end of 24 months beginning with the date of the first contravention;

(f) a third contravention is one that occurs before the end of 24 months beginning with the date of the second contravention;

(g) a subsequent contravention is any contravention that occurs after the third contravention and before the end of 24 months beginning with the date of a previous contravention.

(3) For the purposes of this regulation—

(a) the date of a contravention is the date on which the supply of products in contravention of regulation 6(1) is discovered by—

(i) the Commissioners; or

(ii) a person investigating compliance in accordance with regulation 24A;

(b) where a person contravenes regulation 6(1) and that contravention occurs more than 24 months after any previous contravention, that contravention is a first contravention for the purposes of this regulation;

(c) in determining whether a contravention is a second, third or subsequent contravention, no account is to be taken of a previous contravention in respect of which a penalty under regulation 20B was not imposed.

(4) In this regulation “unit of tobacco products” means—

(a) 20 cigarettes (whether or not they are packaged in packs of 20); or

(b) 30 grams of hand-rolling tobacco.]

Textual Amendments

F1 Regs. 20A-20C inserted (20.7.2023) by The Tobacco Products (Traceability and Security Features) (Amendment) Regulations 2023 (S.I. 2023/606), regs. 1, 8