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PART 2
Retail Packaging and Presentation of Tobacco Products
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Retail packaging of cigarettes
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7. (1) Subject to subsection (2) , a cigarette packet shall—
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(a) in respect of the outer surface thereof, be of a prescribed colour with a matt finish;
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(b) in respect of the inner surface thereof, be of a prescribed colour;
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(c) not bear a mark or trade mark other than in accordance with subsections (3) and (4);
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(d) not have any decorative ridges, embossing or other embellishments on the outer surface thereof;
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(e) not contain an adhesive that is coloured or non-transparent;
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(f) not contain any inserted items or affixed items other than as provided for by law.
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(2) Paragraphs (a) and (c) of subsection (1) shall not apply to the following:
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(a) health warnings;
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(b) a bar-code or other similar identification mark that is in accordance with regulations under subsection (5);
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(c) such other items as are provided for by law.
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(3) Subject to subsection (4) , the following may be printedon a cigarette packet:
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(a) a brand name or business name or company name, and
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(b) a variant name for the cigarettes concerned.
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(4) A name referred to in subsection (3) shall be printed in accordance with regulations under subsection (10) and may be printed—
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(a) once on the front outer surface of the cigarette packet,
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(b) once on the top outer surface of the cigarette packet, and
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(c) once on the bottom outer surface of the cigarette packet,
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provided that the name does not obscure or interfere with health warnings on the cigarette packet.
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(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).
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(6) A cigarette packet shall—
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(a) be cuboid in shape, the edges of which may be rounded or bevelled;
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(b) be made of carton or soft material;
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(c) not contain an opening that can be re-closed or re-opened after it is first opened other than—
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(i) a flip-top lid provided the lid is hinged at the back of the packet, or
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(ii) a shoulder-box hinged-lid.
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(7) Subsections (1) to (5) shall apply with all necessary modifications to any other form of outside packaging of cigarettes.
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(8) A wrapper that covers a cigarette packet or any other form of outside packaging of cigarettes shall—
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(a) be transparent;
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(b) not be coloured;
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(c) not have any decorative ridges, embossing or other embellishments;
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(d) not bear a trade mark or mark other than a tear-strip that is in accordance with regulations under subsection (9);
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(e) not have any affixed item, other than as provided for by law.
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(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.
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(10) The Minister may prescribe the manner in which a name 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.
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(11) In prescribing matters referred to in subsection (1)(a) or (b) or subsection (10), the Minister shall have regard to—
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(a) the need to decrease the appeal of cigarettes,
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(b) the need to increase the effectiveness of health warnings on retail packaging of cigarettes, and
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(c) the need to reduce the ability of retail packaging of cigarettes to mislead consumers about the harmful effects of smoking.
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(12) This section applies to the retail packaging of cigarettes that are intended for sale by retail in the State.
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(13) Subsection (6) applies to the retail packaging of cigarettes that are intended to be placed on the market.
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