Public Health (Standardised Packaging of Tobacco) Act 2015

10.

Retail packaging of other tobacco products

10. (1) Subject to subsection (2), a unit packet of tobacco products other than cigarettes and roll-your-own tobacco shall—

(a) in respect of the outer surface thereof, be of a prescribed colour with a matt finish;

(b) in respect of the inner surface thereof, be of a prescribed colour;

(c) not bear a mark or trade mark other than in accordance with F15 [ subsections (3) to (4B) ] ;

(d) not bear any decorative ridges, embossing or other embellishments;

(e) not contain an adhesive that is coloured or non-transparent;

(f) F16 [ subject to subsection (4C), ] not contain any inserted items or affixed items other than as provided for by law.

(2) Paragraphs (a) and (c) of subsection (1) shall not apply to the following:

(a) health warnings;

(b) a bar-code or other similar identification mark that is in accordance with regulations under subsection (5);

(c) such other items as are provided for by law.

F17 [ (3) Subject to subsections (4), (4A) and (4B) , the following may be printed on a unit packet of tobacco products (other than cigarettes and roll-your-own tobacco) including, in the case of a cigar, the cigar band (if any):

(a) a brand name or business name or company name;

(b) a variant name for the tobacco product concerned;

(c) text which states the number of, or weight in grams of, the tobacco product contained in the packet;

(d) the text cigars , cigarillos or pipe tobacco , as appropriate;

(e) text indicating the contact details of the manufacturer;

(f) a calibration mark. ]

(4) A name referred to in F18 [ paragraph (a) or (b) of subsection (3) ] shall be printed in accordance with regulations under subsection (9) and may be printed—

(a) where the packet is cuboid in shape—

(i) once on the front outer surface of the packet,

(ii) once on the top outer surface of a cuboid packet, and

(iii) once on the bottom outer surface of a cuboid packet,

or

(b) where the packet is other than cuboid in shape, twice on the outer surface of the packet but not more than once on any one surface,

provided that the name does not obscure or interfere with health warnings on the packet.

F19 [ (4A) The text referred to in paragraphs (c), (d) and (e) of subsection (3) shall be printed in accordance with regulations under subsection (9) and may be printed once on the packet.

(4B) The calibration mark referred to in paragraph (f) of subsection (3)

(a) shall not be visible or, if visible, be as inconspicuous as is practicable consistent with the mark s function in the automated manufacture of the packet, and

(b) shall not convey (including by any electronic means) any information to the consumer of the tobacco product contained in the packet.

(4C) Paragraph (f) of subsection (1) shall not apply to a re-sealing tab if the tab

(a) is transparent,

(b) is not coloured or marked, and

(c) does not have any decorative ridges, embossing or other embellishments. ]

(5) A bar-code or similar identification mark may be printed once on a unit packet of tobacco products other than cigarettes or roll-your-own tobacco in such form and manner as may be prescribed by the Minister, including the colour, dimensions, specifications and positioning of the bar-code, provided that the bar-code or mark does not convey any information to the consumer (including any information conveyed by means of electronic communication).

(6) Subsections (1) to (5) shall apply with all necessary modifications to any other form of outside packaging of tobacco products other than cigarettes and roll-your-own tobacco.

(7) A wrapper that covers a unit packet or any other form of outside packaging of tobacco products other than cigarettes and roll-your-own tobacco shall—

(a) be transparent;

(b) not be coloured;

(c) not have any decorative ridges, embossing or other embellishments;

(d) not bear a mark or trade mark other than a tear-strip that is in accordance with regulations under subsection (8);

(e) not have any affixed item, other than as prescribed by law.

(8) The Minister may prescribe the manner in which a tear-strip may be printed on a wrapper under subsection (7)(d), including the colour, dimensions, specifications, and positioning of a tear-strip on the wrapper.

F20 [ (9) The Minister may prescribe

(a) the manner in which a name or text under subsection (3) may be printed on a unit packet or any other form of outside packaging of tobacco products other than cigarettes and roll-your-own tobacco, including the colour, font type, font size, positioning and appearance of such a name or text, and

(b) without prejudice to the generality of paragraph (a) in so far as that paragraph relates to tobacco products which are cigars, prescribe the manner in which cigar bands may be placed around cigars and the information which may be contained on such cigar bands. ]

(10) In prescribing matters referred to in subsection (1)(a) or (b) or subsection (9), the Minister shall have regard to—

(a) the need to decrease the appeal of tobacco products other than cigarettes and roll-your-own tobacco,

(b) the need to increase the effectiveness of health warnings on retail packaging of tobacco products other than cigarettes and roll-your-own tobacco,

(c) the need to reduce the ability of retail packaging of tobacco products other than cigarettes and roll-your-own tobacco to mislead consumers in relation to the harmful effects of smoking.

F21 [ (11) This section applies to the retail packaging of tobacco products (other than cigarettes and roll-your-own tobacco) that are intended for sale by retail in the State. ]