Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023

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Amendment of section 50 of Act of 2002

47. Section 50 of the Act of 2002 is amended—

(a) in subsection (1), by the substitution of “a sample of a tobacco product or a nicotine inhaling product or a sample of any substance or article used in the manufacturing, processing or storage of tobacco products or nicotine inhaling products,” for “a sample of a tobacco product or a sample of any substance or article used in the manufacturing, processing or storage of tobacco products,”,

(b) in subsection (2)(a), by the substitution of “tobacco product or nicotine inhaling product” for “tobacco product”, and

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

“(3) Where a tobacco product or a nicotine inhaling product, or any substance or article used in the manufacturing, processing or storage of a tobacco product or a nicotine inhaling product is contained in a container and its division into parts is (for whatever reason) not practicable, an authorised officer, who wishes to take samples of such tobacco product or nicotine inhaling product, substance or article for the purposes of analysis, shall take possession of 3 such containers belonging to the same batch, and each such container shall be deemed to be part of a sample for the purposes of subsection (1), and the provisions of subsections (1) and (2) shall apply thereto accordingly.”.