The Tobacco and Related Products Regulations 2016

JurisdictionUK Non-devolved
CitationSI 2016/507
Year2016
(1) These Regulations may be cited as the Tobacco and Related Products Regulations 2016.(2) These Regulations come into force on 20th May 2016.(1) Subject to the following paragraphs, these Regulations extend to England and Wales, Scotland and Northern Ireland.regulation 5A;regulation 7(5) ;regulation 8(10) ;regulation 9(12) ;regulation 10(5) ;regulation 13(3) ;regulation 14(5) and (6) ;regulation 15(3) ;regulation 16(4) ;regulation 16A;regulation 20A(6) and (7) ;regulation 36(11) ;regulation 37(10) ;Part 9A;regulations 54ZA and 54ZB.regulation 41(3) to (5) ;regulation 44;regulation 47.(4) An amendment made by these Regulations has the same extent as the provision to which it relates(1) In these Regulations—
  • the 2002 Regulations” means the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 ;
  • addictiveness” means the pharmacological potential of a substance to cause addiction, that is, a state which affects an individual's ability to control his or her behaviour, typically by instilling a reward or a relief from withdrawal symptoms, or both, and “addictive” is to be construed accordingly;
  • additive” means a substance, other than tobacco, that is added to a tobacco product, unit pack or container pack;
  • brand name”, in relation to a particular product, means the primary name by which the product is known;
  • calendar year” means a period of 12 months beginning with 1st January and ending with 31stDecember;
  • F29CAS Registry number” means the number assigned to a substance by the Chemical Abstracts Service;
  • characterising flavour” means a smell or taste other than one of tobacco which—
    • (a) is clearly noticeable before or during consumption of the product; and
    • (b) results from an additive or a combination of additives,
    including, but not limited to, fruit, spice, herbs, alcohol, candy, menthol or vanilla;
  • cigarette” means a tobacco product that can be consumed by means of a combustion process and which is either—
    • (a) a roll of tobacco (or of tobacco and another substance) capable of being smoked as it is, but which is not a cigar; or
    • (b) a roll of tobacco (or of tobacco and another substance) which is designed to be, by simple non-industrial handling—
      • (i) wrapped in cigarette paper, or
      • (ii) inserted into a cigarette-paper tube;
  • cigar” means a tobacco product that can be consumed by means of a combustion process and, given its properties and normal consumer expectations, is exclusively intended to be smoked as it is, and which is either—
    • (a) a roll of tobacco (or of tobacco and another substance) which has an outer wrapper of natural tobacco; or
    • (b) a roll of tobacco (or of tobacco and another substance) which—
      • (i) has an outer wrapper—
      • (aa) of the normal colour of a cigar,
      • (bb) made of reconstituted tobacco, and
      • (cc) covering the product in full (including the filter but not, in the case of a cigar with a mouthpiece, the mouthpiece) ,
      • (ii) is filled with a threshed blend of tobacco (or of tobacco and another substance) ,
      • (iii) has a unit weight, not including any filter or mouthpiece, of not less than 2.3 grams and not more than 10 grams, and
      • (iv) has a circumference, over at least one third of its length, of not less than 34 millimetres;
  • cigarillo” means a cigar with a unit weight of not more than 3 grams;
  • chewing tobacco” means a smokeless tobacco product which is exclusively intended for the purpose of chewing;
  • CMR properties” means properties which are carcinogenic, mutagenic or toxic for reproduction;
  • consumer” means a natural person who is acting for purposes which are outside that person's trade, business, craft or profession;
  • container pack” has the meaning given to it in regulation 4(2) ;
  • cross border distance sale” has the meaning given to it in regulation 3(4) ;
  • electronic cigarette” means a product that—
    • (a) can be used for the consumption of nicotine-containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank (regardless of whether the product is disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges) ; and
    • (b) is not a medicinal product or medical device;
  • emissions” means substances that are released when a tobacco product or related product is consumed as intended;
  • F45“GB related product” means a related product which is produced for supply, or is supplied, for consumption in Great Britain or through the GB travel retail sector;
  • “GB tobacco product” means a tobacco product which is produced for supply, or is supplied, for consumption in Great Britain or through the GB travel retail sector;
  • “the GB travel retail sector” means retail outlets in Great Britain at which tobacco...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT