The Tobacco Products Labelling (Safety) Regulations 1991

UK Statutory Instrument 1991 No. 1530 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 5 July 1991
In force from: 1 October 1991
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
Made under: Consumer Protection Act 1987, European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement Council Directive 89/622/EEC concerning the labelling of tobacco products (OJ No. L359 8.12.89 p 1). The Regulations are made in exercise of powers contained in the Consumer Protection Act 1987 and in the European Communities Act 1972. The Regulations require a producer of tobacco products (“producer” is defined in regulation 2(1), and includes an importer) to ensure that each packet containing the tobacco product carries the specified general warning (regulation 3). In relation to cigarettes, producers are required to ensure that each packet carries one of six health warnings additional to the general warning (regulation 4). The additional health warnings are specified in Schedule 1 to the Regulations. Regulation 4 requires that these warnings should appear on an equal number of packets over the course of a year, with a 5 per cent. allowance made for variation above or below that number. Regulation 5 makes provision as to the visibility and position of the general warning and the additional warning for cigarettes; there is also a provision as to the size of the area to be covered by those warnings, and Schedule 2 to the Regulations shows how the area is to be measured. Regulation 6 requires the producer of cigarettes to ensure that each packet of cigarettes provides information as to the tar and nicotine yields of those cigarettes. The manner of determining the tar and nicotine yields and the presentation of the information on the packet is also specified. Regulation 7 specifies how information is to be presented on a non-rectangular packet. Regulation 8 provides that an importer of cigarettes from a member State of the EEC is to be treated as complying with specified requirements of the Regulations if the equivalent requirements of that member State, adopted to implement Council Directive 89/622/EEC, are met. To determine the accuracy of information about tar and nicotine yields carried on packets, the Secretary of State is empowered to select samples of and conduct tests on cigarettes; the methods of sampling and testing are specified in regulation 9(1). Regulation 9(2) requires the producer of cigarettes to supply samples as required by the Secretary of State and to notify the Secretary of State of certain information about cigarette brands produced by him. Regulation 10 specifies the procedure to be followed when the Secretary of State’s own tests show results different from those recorded in the information on the cigarette packets. The Regulations prohibit supplying, offering to supply, agreeing to supply, exposing for supply or possessing for supply any tobacco product in respect of which the producer has not complied with regulations 3 to 6 (regulation 11). Regulation 12 provides that the Regulations are to be regarded for the purposes of enforcement as safety regulations and safety provisions as defined in the Consumer Protection Act 1987, although they are made partly in exercise of other powers. Transitional provisions are provided for in regulation 13. Copies of the International Standards referred to in the Regulations may be obtained from the British Standards Institute, Linford Wood, Milton Keynes MK14 6LE.

Offences created by this instrument

Contravention of The Tobacco Products Labelling (Safety) Regulations 1991 the instrument as a whole · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Imports (Tax Arrangements) Commons · Commons Chamber · 17 October 1991 · Mrs. Shephard
The hon. Gentleman clearly understands that the Tobacco Products Labelling (Safety) Regulations 1991, based on the EC directive to which he referred, are a matter for the Department of Health. The directive applies partial harmonisation, so there appears to be a little room for manoeuvre above the 4 per cent. of the surface area of the front pack that has to be devoted to the health warnings. From a tax standpoint, the important issue is that all products manufactured to be sold in the United Kingdom will be required to display English language warnings, whatever the text or size permitted,…
Tobacco Products Labelling (Safety) Regulations 1991 (Si 1991/1530) Lords · Lords Chamber · 12 November 1991
Tobacco Products Labelling Bill Commons · Commons Chamber · 17 February 1995 · Mr. Barron
No, I will finish this point first. I want to draw the House's attention to the research paper on the Tobacco Products Labelling Bill, which the House of Commons research department produced this week. On page 8, it quotes the present Minister of Agriculture, Fisheries and Food, who was then Secretary of State for Health and who said, on 11 July 1991, when the House introduced the Tobacco Products Labelling (Safety) Regulations 1991, which caused a stir among tobacco manufacturers: "The evidence from many of the representations put to us during the consultation period suggested that the…

How Parliament handled it

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