Public Health (Standardised Packaging of Tobacco) Act 2015

9.

Retail packaging of roll-your-own tobacco

9. (1) Subject to subsection (2), a unit packet of 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 F9 [ 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) F10 [ subject to subsection (4C) , ] not contain any inserted item or affixed item 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.

F11 [ (3) Subject to subsections (4), (4A) and (4B) , the following may be printed on a unit packet of roll-your-own tobacco:

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

(b) a variant name for the roll-your-own tobacco concerned;

(c) text which states the weight of tobacco in grams contained in the packet;

(d) the text roll-your-own tobacco ;

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

(f) a calibration mark. ]

(4) A name referred to in F12 [ paragraph (a) or (b) of subsection (3) ] shall be printed in accordance with regulations under subsection (10) 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.

F13 [ (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 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 unit packet of roll-your-own tobacco, and

(b) shall not convey (including by any electronic means) any information to the consumer of the roll-your-own tobacco 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 other similar identification mark may be printed once on a unit packet of 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) A unit packet of roll-your-own tobacco shall—

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

(b) be cylindrical in shape, or

(c) have the form of a pouch.

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

(8) A wrapper that covers a unit packet or any other form of outside packaging of 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 (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 F14 [ or text ] referred to in subsection (3) may be printed on a unit packet of roll-your-own tobacco, including the colour, font type, font size, positioning and appearance of such a name F14 [ 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 roll-your-own tobacco,

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

(c) the need to reduce the ability of retail packaging of tobacco products to mislead consumers in relation to the harmful effects of smoking.

(12) This section applies to the retail packaging of roll-your-own tobacco that is intended for sale by retail in the State.

(13) Subsection (6) applies to the retail packaging of roll-your-own tobacco that is intended to be placed on the market.