Tobacco (Health Promotion and Protection) Act, 1988

Prohibition on use of specified constituents of tobacco products.

5.—(1) A person engaged in the manufacture of tobacco products shall, whenever the Minister so requests, notify the Minister of any constituent of the tobacco product, other than tobacco, water or reconstituted sheet made wholly from tobacco, and of the amount of such constituent, used in the manufacture of such products.

(2) Any person who imports a tobacco product shall, whenever the Minister so requests, notify the Minister of any constituent of the tobacco product, other than tobacco, water or reconstituted sheet made wholly from tobacco, and of the amount of such constituent which is contained in the tobacco product so imported.

(3) The Minister, after consulting with the tobacco manufacturer or tobacco importer concerned, may by regulations—

(a) control or prohibit the use in the manufacture of tobacco products of such constituent of the tobacco product (other than tobacco, water or reconstituted sheet made wholly from tobacco) as may be specified in the regulations.

(b) prohibit or restrict the importation of any tobacco product which contains such constituent (other than tobacco, water or reconstituted sheet made wholly from tobacco) as may be specified in the regulations.

(4) Any person who—

(a) fails, neglects or refuses to comply with a request of the Minister under subsection (1) of this section, or

(b) uses any constituent in the manufacture of a tobacco product in contravention of regulations under subsection (3) of this section, or

(c) imports any tobacco product in contravention of such regulations,

shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,000, or

(ii) on conviction on indictment, to a fine not exceeding £10,000.