Health (Miscellaneous Provisions) Act 2017

Amendment of section 10 of Act of 2015

15. Section 10 of the Act of 2015 is amended—

(a) in subsection (1)—

(i) in paragraph (c), by the substitution of “subsections (3) to (4B)” for “subsections (3) and (4)”, and

(ii) in paragraph (f), by the insertion of “subject to subsection (4C),” before “not contain”,

(b) by the substitution of the following subsection for subsection (3):

“(3) Subject to subsections (4), (4A) and (4B), the following may be printed on a unit packet of tobacco products (other than cigarettes and roll-your-own tobacco) including, in the case of a cigar, the cigar band (if any):

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

(b) a variant name for the tobacco product concerned;

(c) text which states the number of, or weight in grams of, the tobacco product contained in the packet;

(d) the text ‘cigars’, ‘cigarillos’ or ‘pipe tobacco’, as appropriate;

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

(f) a calibration mark.”,

(c) in subsection (4), by the substitution of “paragraph (a) or (b) of subsection (3)” for “subsection (3)”,

(d) by the insertion of the following subsections after subsection (4):

“(4A) The text referred to in paragraphs (c), (d) and (e) of subsection (3) shall be printed in accordance with regulations under subsection (9) and may be printed once on the packet.

(4B) The calibration mark referred to in paragraph (f) of subsection (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 packet, and

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

(4C) Paragraph (f) of subsection (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.”,

(e) by the substitution of the following subsection for subsection (9):

“(9) The Minister may prescribe—

(a) the manner in which a name or text under subsection (3) may be printed on a unit packet or any other form of outside packaging of tobacco products other than cigarettes and roll-your-own tobacco, including the colour, font type, font size, positioning and appearance of such a name or text, and

(b) without prejudice to the generality of paragraph (a) in so far as that paragraph relates to tobacco products which are cigars, prescribe the manner in which cigar bands may be placed around cigars and the information which may be contained on such cigar bands.”,

and

(f) by the insertion of the following subsection after subsection (10):

“(11) This section applies to the retail packaging of tobacco products (other than cigarettes and roll-your-own tobacco) that are intended for sale by retail in the State.”.