Public Health (Standardised Packaging of Tobacco) Act 2015

PART 1 Preliminary and General

1.. Short title, collective citation and commencement

1. (1) This Act may be cited as the Public Health (Standardised Packaging of Tobacco) Act 2015.

(2) The Public Health (Tobacco) Acts 2002 to 2013 and this Act may be cited as the Public Health (Tobacco) Acts 2002 to 2015.

(3) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

2.. Interpretation

2. (1) In this Act—

“Act of 2002” means Public Health (Tobacco) Act 2002;

“affixed item” means anything affixed or otherwise attached to the retail packaging of a tobacco product other than a tax stamp or the lining of a unit packet of a tobacco product;

F1[“calibration mark”, in relation to the retail packaging of tobacco products, means a mark which is necessary for the automated manufacture of that packaging;

“cigar band”, in relation to a cigar, means a loop made of paper or foil or other material fitted around the circumference of the cigar;]

“cigarette packet” means a unit packet of cigarettes;

“Directive” means the Directive No. 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC;

“filter tip”, in relation to a cigarette, means the part of the end of the cigarette that acts as a filter or purports to act as a filter;

“inserted item” means any item placed inside the retail packaging of a tobacco product, other than a tobacco product or the lining of a unit packet of a tobacco product;

“mark” includes any line, letter, number, symbol, graphic or image, other than a trademark;

“Minister” means the Minister for Health;

“prescribed” means prescribed by regulations made by the Minister under section 3;

F1[“re-sealing tab”, in relation to a unit packet of roll-your-own tobacco or other unit packet of tobacco products (other than cigarettes), means a tab for re-sealing the packet;]

“retail packaging”, in relation to a tobacco product, means the outside packaging of the tobacco product, any lining contained therein and any wrapper that covers such outside packaging;

“sell”, in relation to tobacco products, means sell by wholesale or retail and includes—

(a) offer or expose for sale,

(b) invite the making by a person of an offer to purchase,

(c) distribute free of charge, and

(d) supply for any of these purposes (whether or not for profit);

“tax stamp” has the same meaning as it has in Chapter 3 of Part 2 of the Finance Act 2005;

“tobacco product” means a product—

(a) that can be consumed and consists, even partly, of tobacco, whether genetically modified or not and includes a cigarette paper, tube or filter manufactured for use in the smoking of tobacco, and

(b) that is intended for sale by retail in the State;

“trade mark” has the same meaning as it has in the Trade Marks Act 1996;

“variant name”, in relation to a tobacco product, means the name used to distinguish that tobacco product from other tobacco products of the same brand name.

(2) (a) A reference to the outer surface of outside packaging is a reference to the entire outer surface of that packaging, including, where the outside packaging is a cigarette packet, the outer surface of a flip-top lid.

(b) Where outside packaging has a flap with a surface that is visible only when the packaging is opened, that surface is an inner surface of the packaging.

(3) Subject to subsection (1), a word or expression that is used in this Act and is also used in the Directive has, unless the context otherwise requires, the same meaning in this Act as it has in the Directive.

3.. Orders and regulations

3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed or for the purposes of enabling any provision of this Act to have full effect.

(2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every order (other than an order under section 1(3)) or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4.. Expenses

4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

5.. Restriction of Act

5. (1) Nothing in this Act shall operate to—

(a) prohibit the registration of a trade mark under the Trade Marks Act 1996, or

(b) be grounds for the revocation of the registration of a trade mark under that Act.

(2) Nothing in this Act shall operate to affect the law in relation to tax stamps.

6.. Transitional provisions

6. (1) F2[Subject tosubsection (3), this Act] shall not apply to the sale, before 20 May 2017, of tobacco products manufactured or released for circulation before 20 May 2016, provided that on the date of their sale those tobacco products comply with the European Communities (Manufacture, Presentation and Sale of Tobacco Products) Regulations 2003 (S.I. No. 425 of 2003) and the Public Health (Tobacco) (General and Combined Warnings) Regulations 2011 (S.I. No. 656 of 2011).

(2) For the purposes of this section, the Regulations referred to in subsection (1) shall continue to apply until 20 May 2017 notwithstanding any revocation of those Regulations by any subsequent enactment.

F3[(3) A specified provision of this Act shall not apply to the sale of tobacco products manufactured or released for circulation before the date of commencement of that provision, until the first anniversary of that date, provided that on the date of their sale those tobacco products comply with the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 (S.I. No. 271 of 2016).

(4) Insubsection (3),“specified provision of this Act”means any of the following provisions of this Act:

(a)subsections (1)to(5)and(7)to(12)ofsection 7;

(b)section 8;

(c)subsections (1)to(5)and(7)to(12)ofsection 9;

(d)section 10;

(e)section 11;

(f)section 14.]

PART 2 Retail Packaging and Presentation of Tobacco Products

7.. Retail packaging of cigarettes

7.(1) Subject to subsection (2) , a cigarette packet 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 F4[subsections (3)to(4B)];

(d) not have any decorative ridges, embossing or other embellishments on the outer surface thereof;

(e) not contain an adhesive that is coloured or non-transparent;

(f) not contain any inserted items or affixed items 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.

F5[(3) Subject tosubsections (4), (4A)and(4B), the following may be printed on a cigarette packet:

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

(b) a variant name for the cigarettes concerned;

(c) text which states the number of cigarettes contained in the packet;

(d) the text“cigarettes”;

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

(f) a calibration mark.]

(4) A name referred to in F6[paragraph (a)or(b)ofsubsection (3)] shall be printed in accordance with regulations under subsection (10) and may be printed—

(a) once on the front outer surface of the cigarette packet,

(b) once on the top outer surface of the cigarette packet, and

(c) once on the bottom outer surface of the cigarette packet,

provided that the name does not obscure or interfere with health warnings on the cigarette packet.

F7[(4A) The text referred to inparagraphs (c),(d)and(e)ofsubsection (3)shall be printed in accordance with regulations undersubsection (10)and may be printed once on the cigarette packet.

(4B) The calibration mark referred to inparagraph (f)ofsubsection (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 cigarette packet, and

(b) shall not convey (including by any electronic means) any information to the consumer of the cigarettes contained in the packet.]

(5) A bar-code or other similar identification mark may be printed once on a cigarette packet in such form and manner as may be prescribed by the Minister, including the colour, dimensions, specifications and positioning of such bar-code or mark, 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 cigarette packet shall—

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

(b) be made of carton or soft material;

(c) not contain an opening that can be re-closed or re-opened after it is first opened other than—

(i) a flip-top lid provided the lid is hinged at the back of the packet, or

(ii) a shoulder-box hinged-lid.

(7) Subsections (1) to (5) shall apply with all necessary modifications to any other form of outside packaging of cigarettes.

(8) A wrapper that covers a cigarette packet or any other form of outside packaging of cigarettes shall—

(a) be transparent;

(b) not be coloured;

(c) not have any decorative ridges, embossing or other embellishments;

(d) not bear a trade mark or 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 F8[or text] referred to in subsection (3) may be printed on a cigarette packet or any other form of outside packaging of cigarettes, including the colour, font type, font size, positioning and appearance of such a name F8[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 cigarettes,

(b) the need to increase the effectiveness of health warnings on retail packaging of cigarettes, and

(c) the need to reduce the ability of retail packaging of cigarettes to mislead consumers about the harmful effects of smoking.

(12) This section applies to the retail packaging of cigarettes that are intended for sale by retail in the State.

(13) Subsection (6) applies to the retail packaging of cigarettes that are intended to be placed on the market.

8.. Appearance of cigarettes

8.(1) Subject to subsection (2), a cigarette shall comply with the following requirements:

(a) the paper covering the cigarette shall, subject to paragraph (b)(ii), be white in colour;

(b) where the cigarette has a filter tip—

(i) the filter tip shall be white in colour, and

(ii) the part of the cigarette paper that covers the filter tip may be white in colour or have an imitation cork tip.

(2) The following may be printed, in accordance with regulations under subsection (3), on a cigarette:

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

(b) a variant name for the cigarettes concerned.

(3) The Minister may prescribe the form and manner in which a name referred to in subsection (2) may be printed on a cigarette, including the colour, font type, font size, positioning and appearance of such a name, and in doing so the Minister shall have regard to—

(a) the need to ensure that an erroneous impression is not created in relation to the characteristics, health effects, hazards or emissions of cigarettes, and

(b) the need to reduce the ability of cigarettes to mislead consumers in relation to the harmful effects of smoking.

(4) In this section, “an imitation cork tip”, in relation to a cigarette, means the part of the paper covering the filter tip of the cigarette that is printed so as to resemble cork.

(5) It shall be an offence for a person to manufacture, import or sell cigarettes that do not comply with the requirements of this section.

(6) This section applies to cigarettes that are intended for sale by retail in the State.

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 tosubsection (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 tosubsections (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)ofsubsection (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 inparagraphs (c), (d)and(e)ofsubsection (3)shall be printed in accordance with regulations undersubsection (10)and may be printed once on the packet.

(4B) The calibration mark referred to inparagraph (f)ofsubsection (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)ofsubsection (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