The Tobacco Products (Descriptions of Products) Order 2003
| Year | 2003 |
2003 No.1471
CUSTOMS AND EXCISE
The Tobacco Products (Descriptions of Products) Order 2003
Made 5th June 2003
Laid before the House of Commons 5th June 2003
Coming into force 1st August 2003
The Treasury, in exercise of the powers conferred upon them by section 1(3) of the Tobacco Products Duty Act 19791, and of all other powers enabling them in that behalf, hereby make the following Order:
Citation and commencement
1. This Order may be cited as the Tobacco Products (Descriptions of Products) Order 2003 and comes into force on 1st August 2003.
Interpretation
2. In this Order “the Act” means the Tobacco Products Duty Act 1979.
Repeal and revocation
3.—(1) Subsections (2) and (2A) of section 1 of the Act2are repealed.
(2) The Tobacco Products (Cigarettes and Cigars) Order 19773is revoked.
Cigarettes
4.—(1) Subject to paragraph (2) below, references to cigarettes in the Act include any product that comprises—
(a)
(a) rolls of tobacco capable of being smoked as they are and that are not cigars, or
(b)
(b) rolls of tobacco that, by simple non-industrial handling, are—
(i) inserted into cigarette-paper tubes, or
(ii) wrapped in cigarette paper.
(2) References to cigarettes in the Act include products consisting in whole or in part of substances other than tobacco that otherwise conform to a description in paragraph (1) above, unless they are herbal smoking products.
Cigars
5. References to cigars in the Act include any product that is described in the Schedule below and do not include tobacco products of any other description.
Hand-rolling tobacco
6.—(1) References to hand-rolling tobacco in the Act include any product that would, but for the reference to hand-rolling tobacco in article 7(1) below, be other smoking tobacco and—
(a)
(a) in which more than 25% by weight of the tobacco particles have a cut width of less than 1 millimetre, or
(b)
(b) that is sold or intended to be sold for making into cigarettes by hand, or
(c)
(c) that is of a kind used for making into cigarettes by hand.
(2) In this regulation—
(a)
(a) the references to “making into cigarettes by hand” in paragraph (1)(b) and (c) above include making into cigarettes by hand with the aid of a mechanical device, and
(b)
(b) the use for making into cigarettes referred to in paragraph (1)(c) above must amount to more than occasional use but need not amount to common use.
Other smoking tobacco
7.—(1) Subject to paragraph (2) below, references to other smoking tobacco in the Act include any product that is not cigarettes, cigars, or hand-rolling tobacco and comprises—
(a)
(a) tobacco that has been cut or otherwise split, twisted or pressed into blocks, and is capable of being smoked without further industrial processing, or
(b)
(b) tobacco refuse put up for retail sale that can be smoked.
(2) References to other smoking tobacco in the Act include products consisting in whole or in part of substances other than tobacco that otherwise conform to a description in paragraph (1) above, unless they are herbal smoking products.
Chewing tobacco
8.—(1) Subject to paragraph (2) below, references to chewing tobacco in the Act include any product that—
(a)
(a) is not cigarettes, cigars, hand-rolling tobacco, or other smoking tobacco,
(b)
(b) consists of or includes tobacco, and
(c)
(c) has been prepared so that it can be chewed.
(2) References to chewing tobacco in the...
To continue reading
Request your trial