Public Health (Standardised Packaging of Tobacco) Act 2015

7.

Retail packaging of cigarettes

7. (1) Subject to subsection (2) , a cigarette packet 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 F4 [ subsections (3) to (4B) ] ;

(d) not have any decorative ridges, embossing or other embellishments on the outer surface thereof;

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

(f) 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.

F5 [ (3) Subject to subsections (4), (4A) and (4B) , the following may be printed on a cigarette packet:

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

( b ) a variant name for the cigarettes concerned;

( c ) text which states the number of cigarettes contained in the packet;

( d ) the text cigarettes ;

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

( f ) a calibration mark. ]

(4) A name referred to in F6 [ paragraph (a) or (b) of subsection (3) ] shall be printed in accordance with regulations under subsection (10) and may be printed—

(a) once on the front outer surface of the cigarette packet,

(b) once on the top outer surface of the cigarette packet, and

(c) once on the bottom outer surface of the cigarette packet,

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

F7 [ (4A) The text referred to in paragraphs (c) , (d) and (e) of subsection (3) shall be printed in accordance with regulations under subsection (10) and may be printed once on the cigarette 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 cigarette packet, and

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

(5) A bar-code or other similar identification mark may be printed once on a cigarette packet in such form and manner as may be prescribed by the Minister, including the colour, dimensions, specifications and positioning of such bar-code or mark, 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) A cigarette packet shall—

(a) be cuboid in shape, the edges of which may be rounded or bevelled;

(b) be made of carton or soft material;

(c) not contain an opening that can be re-closed or re-opened after it is first opened other than—

(i) a flip-top lid provided the lid is hinged at the back of the packet, or

(ii) a shoulder-box hinged-lid.

(7) Subsections (1) to (5) shall apply with all necessary modifications to any other form of outside packaging of cigarettes.

(8) A wrapper that covers a cigarette packet or any other form of outside packaging of cigarettes shall—

(a) be transparent;

(b) not be coloured;

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

(d) not bear a trade mark or mark other than a tear-strip that is in accordance with regulations under subsection (9);

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

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

(10) The Minister may prescribe the manner in which a name F8 [ or text ] referred to in subsection (3) may be printed on a cigarette packet or any other form of outside packaging of cigarettes, including the colour, font type, font size, positioning and appearance of such a name F8 [ or text ].

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

(a) the need to decrease the appeal of cigarettes,

(b) the need to increase the effectiveness of health warnings on retail packaging of cigarettes, and

(c) the need to reduce the ability of retail packaging of cigarettes to mislead consumers about the harmful effects of smoking.

(12) This section applies to the retail packaging of cigarettes that are intended for sale by retail in the State.

(13) Subsection (6) applies to the retail packaging of cigarettes that are intended to be placed on the market.