Restriction on
Smoking (Warning Notices) (Jersey) Regulations 2011
Made 18th January 2011
Coming into force 25th
January 2011
THE STATES, in pursuance of Articles 1, 1G and 2 of the Restriction on Smoking
(Jersey) Law 1973[1], have made the following
Regulations –
1 Interpretation
In these Regulations, unless the context otherwise
requires –
“back”, in relation
to a packet of tobacco, refers to the external surface opposite the front;
“EEA state” means
any of the following –
(a) a
member State of the European Union;
(b) a
Contracting Party to the Agreement on the European Economic Area signed at
Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels
on 17th March 1993;
“front”, in relation
to a packet of tobacco, means the external surface of the packet which is, or
is equal in area to, the largest surface and either –
(a) faces
a person opening that packet; or
(b) where
no surface faces a person opening the packet, carries most prominently the
name, trademark or other distinguishing mark of the brand of tobacco;
“Law” means the
Restriction on Smoking (Jersey) Law 1973[2];
“packet”, in
relation to tobacco, means any box, package, container, wrapping or other
receptacle which contains the tobacco, and in which the tobacco is, or is
intended to be, presented for retail supply, excluding any additional
transparent outer wrapping which may be discarded on opening and excluding any
wrapping of individual cigars or cigarillos, and where any receptacle is or is
to be contained in another receptacle (excluding such outer wrapping), includes
each such receptacle;
“picture warning notice”
means the warning consisting of the photograph, illustration or other graphic
under each heading in paragraphs 1 and 2 of Schedule 1;
“producer”, in
relation to a packet of tobacco, means a person who in the course of a
business –
(a) manufactures
it;
(b) puts
a name, trademark or other distinguishing mark on it, by which he or she holds
himself out to be its manufacturer or originator; or
(c) imports
it into Jersey,
with a view to the tobacco that the packet contains being supplied
for consumption in Jersey or through the travel retail sector, and “produce” shall be construed accordingly;
“tobacco for oral use”
means any product made wholly or partly of tobacco which is –
(a) intended
for oral use, unless intended for smoking or chewing; and
(b) either –
(i) in powder or
particulate form or any combination of these forms, whether presented in sachet
portions or porous sachets or in any other way, or
(ii) presented in a
form resembling a food product;
“travel retail sector”
means retail outlets in Jersey at which duty free packets of tobacco may be
purchased only by people who are travelling on journeys to destinations outside
Jersey.
2 Requirements
for warning notices
(1) A producer
of packets of tobacco other than tobacco for oral use and smokeless tobacco
shall ensure that each packet produced by him or her carries –
(a) on
its front the following written warning notice –
(i) “Smoking
kills”, or
(ii) “Smoking
seriously harms you and others around you”; and
(b) on
its back a picture warning notice from the list of picture warning notices in
paragraph 1 of Schedule 1 or, where it applies, paragraph 2 of
Schedule 1, printed in accordance with the technical specifications set
out in paragraph 3 of that Schedule.
(2) A
producer of a packet of tobacco intended only for supply in the travel retail
sector may use the picture warning notice in paragraph 2 of
Schedule 1 instead of the picture warning notice set out in
paragraph 1(14) of that Schedule.
(3) A
producer of a packet of a brand of tobacco other than tobacco for oral use and
smokeless tobacco shall ensure that –
(a) the
text of each notice set out in paragraph (1)(a) appears on between 47.5%
and 52.5% of the total number of the packets of tobacco of that brand that the
producer produces over any period of 12 months; and
(b) each
picture warning notice described in paragraph (1)(b) appears on between
4.16% and 8.33% of the total number of the packets of tobacco of that brand
that the producer produces over any period of 12 months.
(4) In
the case of packets of tobacco other than packets which immediately enclose the
tobacco, the period for measuring the frequency of the picture warning notices
as described in paragraph (3)(b) shall be 3 years instead of
12 months.
(5) A
producer of packets of smokeless tobacco shall ensure that each packet carries
on its front the warning notice “This tobacco product can damage your
health and is addictive”.
3 Size
of warnings
(1) A
producer of a packet of tobacco shall ensure that, subject to
paragraph (2), in relation to each packet of tobacco produced by him or
her –
(a) the
text specified in Regulation 2(1)(a) or in Regulation 2(5) covers an
area amounting to at least 30% of the front of the packet; and
(b) the
picture warning notice referred to in Regulation 2(1)(b) covers an area
amounting to at least 40% of the back of the packet.
(2) Where
the front of the packet of a tobacco, other than the front of a packet of
cigarettes, exceeds 75 cm2, the areas specified in
paragraph (1) shall not apply and instead the text or picture warning
notice, as the case requires, must each cover an area of at least 22.5 cm2.
4 Requirement
for yield statement on packets of cigarettes
(1) A
producer of a packet of cigarette shall ensure that each packet he or she
produces carries a statement of the nicotine, tar and carbon monoxide yields of
the cigarettes contained in it.
(2) The
statement –
(a) as
to the tar yield, shall be shown as a figure rounded to the nearest whole
number and expressed in the form “x mg tar”;
(b) as
to the nicotine yield, shall be shown as a figure rounded to one decimal place
and expressed in milligrams in the form “x.y mg nicotine”;
(c) as
to the carbon monoxide yield, shall be shown as a figure rounded to the nearest
whole number and expressed in the form “x mg carbon monoxide”.
(3) The
statement of the yields shall –
(a) be
printed on one side of the packet; and
(b) cover
an area amounting to at least 10% of that side of the packet.
5 Appearance
of written warning notices and yield statements
A producer of a packet of tobacco shall ensure, in relation to each
packet of tobacco produced by him or her, that the written warning notice
required under Regulation 2(1)(a) and any statement required under
Regulation 4 comply with the requirements of Schedule 2.
6 Descriptions
on packets
No person shall produce or supply a packet of tobacco the packaging
of which carries any name, brand name, text, trademark or pictorial or any
other representation or sign which suggests that the tobacco it contains is
less harmful to health than other tobacco.
7 Imports
from EEA states
A person who imports into Jersey any packet of tobacco from an EEA
State with a view to that tobacco being supplied for consumption in Jersey
shall be regarded as complying with Regulations 3, 4 and 5 or any of them,
if the packet complies with Article 5 of Directive 2001/37/EC of the
European Parliament and of the Council of 5th June 2001 on the approximation of
the laws, regulations and administrative provisions of the member States
concerning the manufacture, presentation and sale of tobacco products (O.J.
No. L 194 18.7.2001, p.26) as amended up to 7th August 2009[3] and with any requirements
imposed by that EEA State pursuant to that Directive.
8 Offences
Any person who contravenes Regulation 2, 3, 4, 5 or 6 shall be
guilty of an offence and liable to a fine of level 4 on the standard
scale.
9 Transitional
provisions
These Regulations shall not apply to any producer or supplier in
respect of a packet of tobacco in existence before the date that these
Regulations come into force, such packet –
(a) in
the case of a packet of cigarettes, being supplied to an end user before the
date that is 12 months after the date that these Regulations come into
force; and
(b) in
the case of any other packet of tobacco, being supplied to an end user before
the date that is 24 months after the date that these Regulations come into
force.
10 Citation
and commencement
(1) These
Regulations may be cited as the Restriction on Smoking (Warning Notices)
(Jersey) Regulations 2011.
(2) These
Regulations shall come into force 7 days after they are made.
M.N. DE LA HAYE
Greffier of the States
SCHEDULE 1
(Regulation 2)
picture warning NOTICES
Note
(1) All
photographs, images and textual illustrations (© European Community)
in this Schedule have been developed for use on tobacco packets in accordance
with Commission Decision of 5th September 2003 (2003/641/EC) on the use of
colour photographs or other illustrations as health warnings on tobacco
packages[4] (O.J. No. L 226
10.9.2003, p.24).
(2) A
CD with the required images and a European Commission guidance document on
editing the images is available from the Department of Health and Social
Services and is available by e-mailing health.promotion@health.gov.je or writing to the Head of
Health Improvement, Public Health Department, Le Bas Centre,
St. Saviour’s Road, St. Helier, Jersey, JE1 4HR.
1 List
of picture warning notices
(1) Smokers
die younger
(2) Smoking
clogs the arteries and causes heart attacks and strokes
(3) Smoking
causes fatal lung cancer
(4) Smoking
is highly addictive, don’t start
(5) Stopping
smoking reduces the risk of fatal heart and lung diseases
(6) Smoking
can cause a slow and painful death
(7) Smoking
causes ageing of the skin
(8) Smoking
can damage the sperm and decreases fertility
(9) Smoking
may reduce the blood flow and cause impotence
(10) Smoking
contains benzene, introsamines, formaldehyde and hydrogen cyanide
(11) Smoking
when pregnant harms your baby
(12) Protect
children: don’t make them breathe your smoke
(13) Your
doctor or your pharmacist can help you stop smoking
(14) Get help
to stop smoking
2 Alternative
picture warning notice for travel retail sector
Your doctor or your pharmacist
can help you stop smoking.
3 Technical
specifications
(1) Each
picture warning notice shall be surrounded by a black border outside the area
specified in Regulation 3 which shall –
(a) be
not less than 3 mm and more than 4 mm in width; and
(b) not
interfere with the picture warning notice.
(2) In
the case of packets of cigarettes, each picture warning notice shall be
irremovably printed on the packet.
(3) In
the case of packets of tobacco other than packets of cigarettes, each picture
warning notice may be either irremovably printed on the packet or affixed to
the packet by means of an irremovable sticker.
(4) Subject
to sub-paragraph (5), each picture warning notice shall –
(a) be
in the format and proportions of the pictures and text set out in
paragraph 1 or 2, as the case requires, and adopt the graphical integrity
of those pictures and text;
(b) occupy
the entire area reserved for the picture warning notice;
(c) be
positioned parallel to the top edge of the packet, and in the same direction as
the other information on the packet; and
(d) be
printed in four-colour/-CMYK-/screen 133 lines per inch, as a minimum
requirement.
(5) Where
the size of the packet so requires, the picture warning notice can be modified
according to the following rules –
(a) the
graphical editing of the textual elements shall be done by varying the font
size and line breaks to ensure high readability;
(b) for
picture warning notices where the illustration is a text, the graphical editing
shall be done by varying font size and line breaks, however the relative
surfaces occupied by text as an illustration and the corresponding text of the
picture warning notice must be respected;
(c) for
picture warning notices where a photograph or other illustration is an image,
the graphical editing shall be done by proportionate scaling of the photograph
or other illustration and varying of the relative surfaces occupied by the
photograph or other illustration and the corresponding text of the picture
warning notice;
(d) when
the proportion between the height and the width of the picture warning notice
is lower than 0.8, the corresponding text of the picture warning notice, if
placed under the photograph or other illustration in paragraph 1 or 2, may
be moved to the right of the photograph or other illustration; and
(e) when
the proportion between the height and the width of the picture warning notice
exceeds 1.2, the corresponding text of the picture warning notice, if placed to
the side of the photograph or other illustration in paragraph 1 or 2, may
be moved under the photograph or illustration.
(6) A
picture warning notice must not –
(a) be
printed on the tax stamps on any packet of tobacco;
(b) be
hidden, obscured or interrupted by –
(i) other written or
pictorial matter, or
(ii) the opening of
the packet.
SCHEDULE 2
(Regulation 5)
appearance of written warning Notice and
yield statemeNt
1 Requirements
(1) The written warning notice required under
Regulation 2(1)(a) and the yield statement required under
Regulation 4 shall be –
(a) indelible;
(b) legible;
(c) printed in black Helvetica bold type on a
white background;
(d) in a font size consistent throughout the
text which ensures that the text occupies the greatest possible proportion of
the area specified in Regulation 3(1)(a) or Regulation 4(3)(b);
(e) in lower case type, except for the first
letter of the text;
(f) centred in the area in which the text
is required to be printed, parallel to the top edge of the packet;
(g) surrounded by a black border outside the
area specified in Regulation 3(1)(a) or Regulation 4(3)(b) being a
border which shall –
(i) be not less than 3 mm and not
more than 4 mm in width, and
(ii) not
interfere with the text of the written warning notice or the yield statement,
as the case requires; and
(h) subject to paragraph 2, be irremovably
printed on the packet.
(2) In the case of packets of tobacco other than
cigarettes, the written warning notice required under Regulation 2(1)(a)
and the yield statement required under Regulation 4 may be affixed to the
packet by means of an irremovable sticker.
(3) The written warning notice and yield
statement must not –
(a) be printed on the tax stamps on any packet
of tobacco; or
(b) be hidden, obscured or interrupted
by –
(i) other written or pictorial matter, or
(ii) the opening of the packet.