S.I. No. 425/2003 - European Communities (Manufacture, Presentation and Sale of Tobacco Products) Regulations 2003

1. mild

2. ultra mild

3. extra mild

4. super mild

5. light / s

6. lite / s

7. ultra light / s

8. extra light / s

9. super light / s

10. ultimate light / s

11. low tar

12. reduced tar

13. low nicotine

14. reduced nicotine

15. ultra.

Schedule 3

Form of official certificate to be issued by a person employed or engaged at a designated laboratory to the authorised officer who submitted a sample.

European Communities (Manufacture, Presentation and Sale of Tobacco Products Regulations 2003

Certificate of Receipt of Sample

To

(1)

...............................

I, the undersigned

(2)

................................

being a person employed or engaged at a designated laboratory as ...............................

(3)

, certify that on

the .......................... day of ....................... 20......

a sample marked

(4)

..................................

Date .....................................

Numbers ......................................................

Weight or Measure

(5)

.....................................

was submitted to me by an authorised officer

(6)

.............................................. and I certify that the sample remained in my custody until the ............................... day of ......................... 20...... when I gave it to ....................................

Certified by me this ................... day of .......................................... 20.......

at

(7)

..................................

Name in BLOCK LETTERS ............................................................ .....................

Status ......................................................

Signature ......................................................

__________________

Official Stamp

NOTES

(1) Insert the name and address of the authorised officer.

(2) Insert name of person issuing certificate.

(3) Describe position.

(4) Insert particulars of marking (e.g. name, date etc.).

(5) This may be left unanswered if the sample cannot be conveniently weighed or measured.

(6) Insert the name of the authorised officer who submitted the sample.

(7) Insert the name and address of the designated laboratory carrying out the analysis/examination.

Schedule 4

Form of official certificate to be given by a designated analyst, or by a person acting under his or her direction, following analysis of a sample of a tobacco product or of an article or substance used in the manufacture, processing or storage of tobacco products.

European Communities (Manufacture, Presentation and Sale of Tobacco Products Regulations 2003

Certificate of Analysis

To

(1)

...................................

I, the undersigned

(2)

....................................

being a designated analyst for the purpose of the above Regulations, or a person acting under the direction of a designated analyst

(3)

, certify that on

the ....................... day of .......................... 20......

a sample marked

(4)

..................................

Date ....................................

Number .........................................................

Weight or Measure

(5)

................................

was submitted to me and I certify that the sample was prepared and analysed/examined by me and as a result I am of the opinion that

(6)

Observations

(7)

I further certify that the sample has undergone no change which would effect my opinion/observations expressed above.

Certified by me this .............. day of ............................20.......

at

(8)

..............................

Name in BLOCK LETTERS .....................................................

Status ..................................................

Signature ................................................

__________________

Official Stamp

NOTES

(1) Insert the name and address of the Office, health board or Area Health Board as the case may be (depending on who the authorised officer submitting the sample was appointed by).

(2) Insert name and position within the designated laboratory.

(3) Delete as appropriate.

(4) Insert particulars of marking (e.g. name, date etc.).

(5) This may be left unanswered if the sample cannot be conveniently weighed or measured or the weight or measurement is not material to the result of analysis.

(6) Here the designated analyst, or the person acting under his or her direction should specify the result of the analysis having regard to the provisions of these Regulations.

(7) Here the designated analyst, or the person acting under his or her direction may insert, at his or her discretion, his or her opinion whether the analysis indicates any addition, abstraction, deficiency or the presence of foreign matter or other defect and whether the composition or quality is thereby affected; any physical, chemical or other properties bearing on the composition or quality of the article; whether the article is injurious to health or unfit for human consumption; whether and in what respect a label and description relating to the sample is incorrect or misleading; and he or she may add any other observations as he or she may consider relevant.

(8) Insert the name and address of the designated laboratory carrying out the analysis/examination.

GIVEN under the Official Seal of the Minister of Health and Children

this 15

th

day of September 2003.

Micheál Martin, T.D.

Minister for Health and Children.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations implement Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture presentation and sale of tobacco products.

The key measures of the Regulations are summarised below:-

Labelling: Larger health warnings on tobacco products

The area provided for health warnings will be extended to 30% of the external area on the front and 40% of the external area of the back of all tobacco packets and these warnings will be printed in black on a white background. Many of the new warnings, which will be surrounded by a black border, refer to the damage smoking causes to health and to specific diseases caused by smoking.

Cigarette yields: New maximum yields of tar, nicotine and carbon monoxide in cigarettes

As of 1

st

January 2004, there will be new requirements for the maximum yields in cigarettes which will be 10 mg tar, 10 mg carbon monoxide and 1 mg nicotine. The tar, nicotine and carbon monoxide yields of cigarettes will be printed on one side of a cigarette packet so that at least 10% of the surface area is covered.

Product descriptions: End to “misleading descriptors”

As of 30

th

September 2003, the Regulations prohibit the use of terms to terms such as “low-tar”, “mild” and “light” which have the effect of conveying the impression that a particular tobacco product is less harmful than others.

Further product information

The Regulations require tobacco manufacturers and importers to inform the Office of Tobacco Control of all the non-tobacco ingredients by brand, together with relevant toxicological information on an annual basis.

The Regulations will be enforced by authorised officers appointed by the chief executive of the Office of Tobacco Control and by the chief executive officer of a health board. Offences and penalties for non-compliance are provided for in the Regulations.

The Regulations may be cited as the European Communities (Manufacture Presentation and Sale of Tobacco Products) Regulations 2003.

1

OJ L 194, 18.7.2001, p. 26.

2

OJ L 194, 18.7.2001, p. 26.

16. (1) A person who fails to comply with these Regulations shall be guilty of an offence.

(2) Paragraph (1) shall not apply to an authorised officer or to a designated analyst acting in the course of his or her duties pursuant to these Regulations.

(3) For the purposes of these Regulations, every contravention of a Regulation shall be deemed a separate contravention and every contravention of a paragraph or a sub-paragraph shall also be deemed to be a separate contravention and shall carry the same penalty as for a single contravention of any Regulation of these Regulations.

(4) A person who is guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding € 3,000 or at the discretion of the court to imprisonment for a term not exceeding 3 months or both.

17. Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to be attributed to any neglect or default on the part of, any director, manager, secretary or any other officer of such body, or a person who was purporting to act in any such capacity, such person shall also be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

18. An offence under these Regulations may be prosecuted by the Office or by the health board concerned, or where the Authority has conferred its functions under these Regulations on an Area Health Board pursuant to the Act of 1999 by the Area Health Board concerned.

19. (1) A notice or other document issued pursuant to these Regulations shall be addressed to the person concerned by name, and may be served on or given to the person in one of the following ways -

(a) by delivering it to the person,

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address,

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address, or

(d) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and the notice or other document relates to a place of business, by delivering it to some person over 16 years of age employed at the place of business or by affixing it in a conspicuous position at or near the place of business.

(2) It shall not be lawful for a person at any time during the period of 12 months after a notice or other document is affixed under sub-paragraph (d) of paragraph (1) to remove, damage or deface the notice or other document without lawful authority.

(3) For the purposes of this Regulation, a company within the meaning of the Companies Acts 1963 to 2001, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

PART 4

Revocations

20. (1) The European Communities (Tar Yield of Cigarettes) Regulations 1991 (

S.I. No. 327 of 1991

) are revoked as from 1 January 2004.

(2) Paragraphs (2), (3), (4) and (5) of Regulation 11 of the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations 1991 (

S.I. No. 326 of 1991

) are revoked.

(3) The Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (Amendment) Regulations 1994 (

S.I. No. 28 of 1994

) are revoked.

(4) Notwithstanding the provisions of paragraphs (2) and (3), those products which are not in compliance with the requirements of these Regulations but which continue to be placed on the market pursuant to paragraphs (3) and (4 of Regulation 3, shall comply with the Regulations revoked under paragraphs (2) and (3) of this Regulation, and for the purposes of this paragraph the Regulations revoked under paragraphs (2) and (3) shall continue to apply as though they had not been revoked.

(5) References to the Regulations revoked under paragraphs (1), (2) and (3 shall be construed as references to these Regulations, as appropriate, and shall be read in accordance with the correlation table in Annex III to the Directive.

Schedule 1

List of Additional Health Warnings [referred to in Regulation 5(2)(b)]

I, Micheál Martin, Minister for Health and Children, in exercise of the powers conferred on me by

section 3

of the

European Communities Act 1972

(No. 27 of 1972), and for the purpose of giving effect to Directive 2001/37/EC

1

of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products, hereby make the following regulations:-

PART 1

Preliminary