Restriction
on Smoking (Standardised Packaging and Labelling) (Jersey) Regulations 2021
Made 30th June 2021
Coming into force 31st July 2021
THE STATES make these Regulations under Articles 1, 1C
and 2 of the Restriction on Smoking (Jersey) Law 1973[1] –
PART 1
INTRODUCTION
1 Interpretation
(1) In
these Regulations –
“additive” means a
substance, other than tobacco, that is added to a tobacco product, unit packet
or container packet;
“brand name”, in relation
to a tobacco product, means the primary name by which the product is known;
“calibration mark” means a
mark that is used only for the purpose of the automated manufacture of any
packaging;
“characterising flavour”,
in relation to a tobacco product, means a clearly noticeable smell or taste,
other than one of tobacco, which –
(a) results from an additive
or a combination of additives, including (but not limited to) fruit, spice,
herbs, alcohol, candy, menthol or vanilla; and
(b) is noticeable before or
during the consumption of the tobacco product;
“chewing tobacco” means a
smokeless tobacco product which is exclusively intended for the purpose of
chewing;
“cigar” means a tobacco
product that can be consumed by means of a combustion process and (given its
properties and normal consumer expectations) is exclusively intended to be
smoked as it is, and that is –
(a) a roll of tobacco (or of
tobacco and another substance) that has an outer wrapper of natural tobacco; or
(b) a roll of tobacco (or of
tobacco and another substance) that –
(i) has an outer wrapper, of the normal colour
of a cigar, made of reconstituted tobacco that covers the product in full
(including the filter but not, in the case of a cigar with a mouthpiece, the
mouthpiece),
(ii) is filled with a
threshed blend of tobacco (or of tobacco and another substance),
(iii) has a unit weight, not
including any filter or mouthpiece, of at least 2.3 g and no more than 10 g,
and
(iv) has a circumference, over
at least one third of its length, of at least 34 mm;
“cigarette” has the
meaning in Article A1 of the Law but does not include a cigar;
“cigarillo” means a cigar
with a unit weight of not more than 3 g;
“CMR properties” means
properties which are carcinogenic, mutagenic or toxic for reproduction;
“Combined Health Warnings
Decision” means Commission Implementing Decision (EU) 2015/1842 of 9 October
2015 on the technical specifications for the layout, design and shape of the
combined health warnings for tobacco products for smoking (OJ L 267,
14.10.2015, p. 5);
“container packet”, in
relation to a tobacco product, means any packaging (other than a
wrapper) –
(a) in which that product is,
or is intended to be, presented for sale; and
(b) that encloses (whether
wholly or partially) a unit packet of that product or an aggregation of such
unit packets,
and where there is more
than one separate layer of such packaging, each layer is taken to be a separate
container packet;
“cross-border distance
sale”, in relation to a tobacco product, means a distance sale to a consumer
where, at the time the consumer orders the product from a producer or supplier,
the producer or supplier is established in a country or territory other than
Jersey and for the purposes of this definition a producer or supplier is deemed
to be established in the country or territory concerned –
(a) in the case of a producer
or supplier who is an individual, if the individual’s place of business is in
that country or territory; and
(b) in any other case, if the
producer or supplier has its statutory seat, central administration or place of
business, including a branch, agency or any other establishment, in that country
or territory;
“emissions” means
substances that are released when a tobacco product or related product is
consumed as intended;
“external packaging”
means –
(a) in relation to a unit
packet of a tobacco product other than hand rolling tobacco in the form of a
pouch, every surface of the packet that is visible before the packet is opened;
(b) in relation to a unit
packet of hand rolling tobacco in the form of a pouch, every surface of the
pouch that is visible before the pouch is opened, together with the hidden
surface of the pouch in a case where the pouch takes the form of a rectangular
pocket with a flap that covers the opening; and
(c) in relation to a
container packet of a tobacco product, every surface of the packet that is
visible before the packet is opened;
“hand rolling tobacco”
means a tobacco product that is not a cigarette and that can be used after sale
for making cigarettes;
“herbal product for
smoking” means a product based on plants, herbs or fruits that contains no
tobacco and that can be consumed via a combustion process;
“hidden surface”, in
relation to a pouch of hand rolling tobacco in the form of a rectangular pocket
with a flap that covers the opening, means the surface of the pouch that
becomes visible when the flap is opened, but does not include the underside
surface of the flap or any surface of the inside of the pocket;
“ingredient” means the
tobacco, any additive, as well as any other substance or element present in a
finished tobacco product or related product, including paper, filter, ink,
capsules and adhesives;
“internal packaging”, in
relation to a unit packet or container packet of a tobacco product, means any
part of the packet that is not external packaging;
“Law” means the
Restriction on Smoking (Jersey) Law 1973[2];
“nasal tobacco” means a
smokeless tobacco product that can be consumed via the nose;
“nicotine” means nicotinic
alkaloids;
“novel tobacco product”
means a tobacco product which is –
(a) is not a cigarette, hand
rolling tobacco, pipe tobacco, waterpipe tobacco, a cigar, a cigarillo, chewing
tobacco, nasal tobacco or tobacco for oral use; and
(b) is first supplied by the
producer after the commencement of these Regulations;
“packaging”, in relation
to a tobacco product, includes any material that is –
(a) an integral part of the
packaging of the product;
(b) required as part of the
packaging process; or
(c) required to protect the
product;
“pipe tobacco” means
tobacco that –
(a) can be consumed by means
of a combustion process; and
(b) is exclusively intended for
use in a pipe;
“pouch” means a unit
packet of hand rolling tobacco in the form of –
(a) a rectangular pocket with
a flap that covers the opening; or
(b) a standing pouch;
“shoulder box” means a
unit packet that is cuboid in shape with a hinged lid that results in the
secondary surfaces being split into two when the packet is opened;
“smokeless tobacco
product” means a tobacco product that is consumed in a way that does not
involve a combustion process (including chewing tobacco, nasal tobacco and
tobacco for oral use);
“tar” means the raw
anhydrous nicotine-free condensate of smoke;
“tobacco for oral use”
means a tobacco product that is –
(a) intended for oral use,
unless it is intended to be inhaled or chewed; and
(b) in powder or particulate
form or any combination of those forms, whether presented in a sachet portion
or a porous sachet, or in any other way;
“tobacco product” means a
product that can be consumed and consists, even partly, of tobacco, whether
genetically modified or not;
“tobacco product for
smoking” means a tobacco product other than a smokeless tobacco product;
“toxicity” means the
degree to which a substance can cause harmful effects in the human organism,
including effects occurring over time, usually through repeated or continuous
consumption or exposure;
“travel retail sector”
means retail outlets in Jersey at which tobacco products may be purchased only
by people travelling on journeys to destinations outside of Jersey;
“unit packet” means the
smallest individual packaging (whether enclosed by a container packet or not)
in which that product is, or is intended to be, presented for sale, but does
not include any wrapper;
“variant name”, in
relation to a particular tobacco product, means any name by which that product
is distinguished from other tobacco products under the same brand name;
“waterpipe tobacco” means
a tobacco product that can be consumed by means of a waterpipe;
“wrapper” means a
cellophane or plastic wrapper –
(a) in which that product is,
or is intended to be, presented for sale; and
(b) that encloses (whether
wholly or partially) –
(i) a unit packet of that product,
(ii) an aggregation of such
unit packets that is not contained in a container packet, or
(iii) a container packet of
that product.
(2) For
the purpose of these Regulations –
(a) waterpipe tobacco is
taken to be a tobacco product for smoking;
(b) a product that may be
consumed via a waterpipe or used as hand rolling tobacco is taken to be hand
rolling tobacco; and
(c) “visible” includes
visible through any wrapper permitted by paragraph 5 of Schedule 2 or
any tab that complies with paragraph 4(1) of Schedule 2.
(3) In
these Regulations, a reference to the front and back surfaces of a unit packet
or container packet of a tobacco product is a reference to –
(a) in relation to a unit
packet of hand rolling tobacco in the form of a pouch, the 2 largest surfaces
of the external packaging of the packet, excluding the hidden surface; and
(b) in relation to a unit
packet or container packet of hand rolling tobacco that is cylindrical in
shape, the 2 opposite halves of the curved surface of the external packaging of
the packet if the curved surface is divided equally along a vertical plane.
2 Meaning of producer and supplier
(1) A
person produces a tobacco product or related product if, in the course of a
business, and with a view to the product being supplied for consumption in
Jersey or through the travel retail sector, the person –
(a) manufactures the product;
(b) puts a name, trade mark
or other distinguishing mark on it by which the person is held out to be its
manufacturer or originator; or
(c) imports it into Jersey.
(2) A
person supplies a tobacco product or related product if, in the course of a
business, the person –
(a) supplies the
product –
(i) for consumption in Jersey or through the
travel retail sector, or
(ii) with a view to the
product being supplied for consumption in Jersey or through the travel retail
sector;
(b) offers or agrees to
supply it in those circumstances; or
(c) exposes or possesses it
for supply in those circumstances.
(3) In
the case of a cross-border distance sale of a tobacco product to a consumer
located in Jersey, the tobacco product is taken to be supplied, and presented
for sale, in Jersey.
PART 2
REQUIREMENTS
FOR PACKAGING OF TOBACCO PRODUCTS
3 Permitted
colour and shade of packaging of cigarettes or hand rolling tobacco
(1) The
colour of external packaging of a unit packet or container packet of cigarettes
or hand rolling tobacco must be Pantone 448 C with a matt finish.
(2) The
colour of internal packaging of a unit packet or container packet of cigarettes
or hand rolling tobacco must be –
(a) white; or
(b) Pantone 448 C
with a matt finish.
(3) Schedule
1 contains exceptions to paragraphs (1) and (2).
(4) Nothing
in this Regulation prohibits any warning, statement, text, picture, image,
symbol or marking that is required by any enactment (whenever passed or made)
other than these Regulations.
4 Material,
shape, opening and contents of unit packet of cigarettes
(1) A
unit packet of cigarettes must –
(a) be made of carton or soft
material;
(b) be cuboid in shape, but
may have bevelled or round edges; and
(c) contain a minimum of 20
cigarettes.
(2) A
unit packet of cigarettes may contain an opening that can be re-closed or
re-sealed after it is first opened, but only if that opening is a flip-top lid
or a shoulder box hinged lid.
(3) A
flip-top lid may only be hinged at the back of the packet.
(4) A
shoulder box hinged lid may only be hinged along one of the 2 smallest
sides of the packet.
(5) The
sides of a unit packet of cigarettes that is a shoulder box with a hinged lid
must have a height (measured between the front and back surfaces of the packet)
of at least 16 mm.
5 Appearance
of cigarettes
(1) The
paper, casing, filter or other material forming part of a cigarette (other than
the tobacco contained in it) must be white with a matt finish.
(2) The
paper or casing surrounding the end of a cigarette that is not designed to be
lit may be coloured in such a way as to imitate cork.
(3) A
cigarette may have text printed on it to identify the brand name and variant
name of the cigarette, but only if –
(a) the text appears parallel
to, and not more than 38 mm from, the end of the cigarette that is not
designed to be lit;
(b) the text does not contain
any character that is not alphabetic, numeric or an ampersand;
(c) the first letter of any
word is in upper-case type or lower-case type and the remaining letters of the
word are in lower-case type;
(d) the text is printed in
Helvetica font;
(e) the colour of the text is
black;
(f) the text is in a normal,
weighted, regular typeface; and
(g) the size of the text is
no larger than 8 point.
6 Further
provisions about the packaging of cigarettes
A person must not produce
or supply any cigarettes in breach of any of the provisions of Schedule 2.
7 Form
of, and weight of tobacco in, unit packet of hand rolling tobacco
(1) A
unit packet of hand rolling tobacco may only –
(a) be cuboid in shape, but
may have bevelled or rounded edges;
(b) be cylindrical in shape;
or
(c) take the form of a pouch.
(2) The
sides of a unit packet of hand rolling tobacco that is a shoulder box with a
hinged lid must have a height (measured between the front and back surfaces of
the packet) of at least 16 mm.
(3) A
unit packet of hand rolling tobacco must contain at least 30 g of tobacco.
8 Product
presentation
(1) A
tobacco product and the labelling of the packaging of the tobacco product must
not contain any element or feature that –
(a) promotes
a tobacco product or encourages its consumption by creating an erroneous
impression about its characteristics, health effects, risks or emissions;
(b) includes any information
about the nicotine, tar or carbon monoxide content of a tobacco product;
(c) suggests that a
particular tobacco product –
(i) is less harmful than others,
(ii) aims to reduce the
effect of some harmful components of smoke,
(iii) has vitalising,
energising, healing, rejuvenating, natural or organic properties, or
(iv) has other health or
lifestyle benefits;
(d) refers to taste, smell or
any flavourings or other additives, or the absence of any such thing;
(e) resembles a food or
cosmetic product; or
(f) suggests that a
particular tobacco product has improved biodegradability or other environmental
advantages.
(2) The packaging of a tobacco product must not
contain any element or feature that suggests economic advantage by including
printed vouchers or offering discounts, free distribution, two-for-one or other
similar offers.
(3) In
this Regulation, “element or feature” includes, but is not limited to, any
text, symbol, name, trade mark, figurative sign or any other type of sign.
9 Packaging
of cigarettes or hand rolling tobacco not to produce noise or scent
(1) A
person must not produce or supply cigarettes or hand rolling tobacco if any
part of the packaging makes a noise or contains or produces a smell that is not
ordinarily associated with the packaging of cigarettes or hand rolling tobacco.
(2) Paragraph (1)
does not prohibit a smell in the packaging of cigarettes or hand rolling
tobacco that results from a manufacturing process which is designed to give the
cigarettes or hand rolling tobacco a characterising flavour that is not
prohibited.
10 Packaging
of cigarettes or hand rolling tobacco not to change after sale
(1) A
person must not produce or supply any cigarettes or hand rolling tobacco if the
packaging includes any feature that is designed to change the packaging after
sale.
(2) In
this Regulation, “feature” includes, but is not limited to –
(a) heat activated ink;
(b) ink or embellishment
designed to appear gradually over time;
(c) ink that appears
fluorescent in certain light;
(d) a panel that is designed
to be scratched or rubbed to reveal an image or text;
(e) a removeable tab; and
(f) a fold-out or slide-out
panel.
PART 3
LABELLING
OF TOBACCO PRODUCTS
11 Combined
health warnings on tobacco products for smoking (other than large cigars,
individually wrapped cigars and cigarillos)
(1) A
unit packet and a container packet of a tobacco product for smoking (other than
a unit packet or container packet referred to in Regulation 14(1)) must
carry a combined health warning.
(2) A
combined health warning must consist of –
(a) one of the text warnings
listed in Schedule 3 with a corresponding colour photograph; and
(b) the
text “Get help to stop smoking at gov.je/help2quit or gov.gg/quittingsmoking”.
(3) A
combined health warning must appear on both the front and back surfaces of the
unit packet and any container packet, and the same text warning and
corresponding colour photograph must appear on both surfaces.
(4) A
combined health warning must –
(a) cover at least 65% of the
area of each surface on which it appears;
(b) in the case of a unit
packet of cigarettes, not be less than 44 mm high and 52 mm wide;
(c) appear at the top edge of
the surface concerned;
(d) be positioned in the same
direction as any other information on that surface; and
(e) comply with the general
health warning requirements.
(5) A
combined health warning must be reproduced in accordance with the layout,
design and proportions specified in the Combined Health Warnings Decision.
(6) For
the purpose of this Regulation, a reference in the Combined Health Warnings
Decision –
(a) to a manufacturer or an
importer is to be construed as a reference to a producer; and
(b) to outside packaging is
to be construed as a reference to a container packet.
(7) A
reference in this Regulation to the front and back surfaces of a packet is, in
relation to a cylindrical packet, a reference to the two opposite halves of the
curved surface of the packet that is visible before the packet is opened, if
the curved surface is divided equally along a vertical plane.
12 Range
and rotation of combined health warnings
A producer of a tobacco
product for smoking must select the photograph used for the purpose of
Regulation 11(2)(a) from the set of photographs in Schedule 3
and ensure that each of the photographs is carried on between 1/24 and 1/12 of
the total number of packets under each brand name produced by that producer
over any period of 12 months.
13 General
warnings and information messages on tobacco products for smoking (other than
large cigars, individually wrapped cigars and cigarillos)
(1) A
unit packet and any container packet of a tobacco product for smoking (other
than a unit packet or container packet referred to in Regulation 14(1))
must carry the following information (the “health warnings”) –
(a) a general warning
consisting of the text “Smoking kills – quit now”; and
(b) an information message
consisting of the text “Tobacco smoke contains over 70 substances known to
cause cancer”.
(2) Each
of the health warnings must –
(a) cover at least 50% of the
area of each surface on which it appears;
(b) be in black Helvetica
bold type on a white background;
(c) be in a font size that
ensures that the text occupies the greatest possible proportion of the surface
area reserved for it;
(d) appear at the centre of
that area;
(e) in the case of a cuboid
shaped unit packet and any container packet, be orientated parallel to the
longest edge of the surface on which it appears;
(f) comply with the general
health warning requirements.
(3) In
the case of a unit packet of cigarettes or a unit packet of hand rolling
tobacco that is cuboid in shape (other than a shoulder box) –
(a) the general warning must
appear on one of the secondary surfaces of the packet;
(b) the information message
must appear on the other secondary surface of the packet; and
(c) each of the health
warnings must be at least 20 mm wide and positioned at the bottom edge of
the surface on which it appears.
(4) In
the case of a unit packet of cigarettes or hand rolling tobacco that is a
shoulder box –
(a) the general warning must
appear in its entirety on the larger of the two split parts of one of the
secondary surfaces of the shoulder box;
(b) the information message
must appear in its entirety on the larger of the two split parts of the other
secondary surface of the shoulder box; and
(c) the general warning must
also appear on the inside of the lid, such that it is visible when the packet
is open.
(5) In
the case of a unit packet of hand rolling tobacco that is cylindrical with a
lid –
(a) the general warning must
appear on the outside surface of the lid; and
(b) the information message
must appear on the inside surface of the lid.
(6) A
unit packet of hand rolling tobacco that is a rectangular pouch must carry a
general warning and an information message in accordance with Article 2.1
of Commission Implementing Decision (EU) 2015/1735 of 24 September 2015 on
the precise position of the general warning and the information message on
roll-your-own tobacco marketed in pouches (OJ L 252, 29.9.2015, p. 49)
(the “Pouches Decision”).
(7) For
the purpose of this Regulation, a reference in the Pouches Decision to
roll-your-own tobacco is to be construed as a reference to hand rolling tobacco.
14 Labelling of large cigars and individually
wrapped cigars and cigarillos
(1) This
Regulation applies to a unit packet or container packet which contains –
(a) a single cigar or
cigarillo; or
(b) two or more cigars with a
unit weight of more than 3 g.
(2) A
person must not produce or supply a unit packet or container packet to which
this Regulation applies unless that contains unless the packet carries the
following information (the “health warnings”) –
(a) the general warning
“Smoking kills – quit now”, together with the text “Get help to stop
smoking at gov.je/help2quit or gov.gg/quittingsmoking” –
(i) on the most visible surface of the packet,
and
(ii) subject to paragraph (2),
covering at least 30% of the area of the surface on which it appears; and
(b) one of the text warnings
listed in Schedule 4 –
(i) on the next most visible surface of the
packet or, if the packet has a hinged lid, the surface that appears when the
packet is opened, and
(ii) subject to paragraph (2),
covering at least 40% of the area of the surface on which it appears.
(2) If
one of the health warnings is to appear on a surface with an area that is
greater than 150 cm2, the health warning
must cover at least 45 cm2 of that
surface.
(3) A
producer must select the text warning listed in Schedule 4 so that each of
the text warnings appears on between 1/24 and 1/12 of the total number of packets
under each brand name produced by that producer over any period of 12 months.
(4) Each
of the health warnings must –
(a) be in black Helvetica
bold type on a white background;
(b) be in a font size that
ensures that the text occupies the greatest possible proportion of the surface
area reserved for it;
(c) appear at the centre of
that area;
(d) be parallel to the main
text on the surface concerned; and
(e) comply with the general
health warning requirements.
15 Health
warning on smokeless tobacco products
A unit packet and any
container packet of a smokeless tobacco product must carry a health warning
consisting of the text “This tobacco product damages your health and is
addictive”, which must –
(a) appear on both the front
and the back surfaces of the packet;
(b) cover at least 30% of the
area of each of those surfaces;
(c) be in black Helvetica
bold type on a white background;
(d) be in a font size that
ensures that the text occupies the greatest possible proportion of the surface
area reserved for it;
(e) appear at the centre of
that area;
(f) be parallel to the main
text on the surface concerned; and
(g) comply with the general
health warning requirements in Regulation 16.
16 General
health warning requirements
(1) A
health warning must cover the entire area that is reserved for it and must not be
commented on or paraphrased.
(2) The
dimensions of a health warning must be calculated in relation to the area of
the surface concerned when the packet is closed.
(3) A
health warning must be –
(a) in English;
(b) fully visible;
(c) indelible;
(d) irremovably printed;
(e) printed on the packet or,
in the case of a unit packet of a tobacco product other than cigarettes or hand
rolling tobacco in a pouch, printed on an irremovable sticker affixed to the
packet; and
(f) surrounded by a black
border of a width of 1 mm inside the area that is reserved for it.
(4) A
health warning must not –
(a) be partially or totally
hidden or interrupted by wrappers, jackets or boxes (except in the case of a
unit packet presented inside a container packet);
(b) be partially or totally
hidden or interrupted by any other item (such as a tax stamp, price mark or
security feature); or
(c) partially or totally hide
or interrupt any tax stamp, price mark, tracking and tracing mark, security
feature or any other marking that is required under any enactment.
(5) A
health warning –
(a) must remain intact when
the packet is opened; or
(b) in the case of a unit
packet with a flip-top lid, may be split when the packet is opened, but only in
a manner that ensures the graphical integrity and visibility of the text,
photograph and smoking cessation information in accordance with Article 4
of the Combined Health Warnings Decision.
PART 4
TOBACCO
PRODUCTS WHICH MUST NOT BE PRODUCED OR SUPPLIED
17 No
flavoured cigarettes or hand rolling tobacco etc.
(1) A
person must not produce or supply cigarettes or hand rolling tobacco with a
characterising flavour.
(2) A
person must not produce or supply cigarettes or hand rolling tobacco
with –
(a) a filter, paper, package,
capsule or other component containing flavourings;
(b) a filter, paper or
capsule containing tobacco or nicotine; or
(c) a technical feature
allowing the consumer to modify the smell, taste or smoke intensity of the
product.
18 No
vitamins, colourings or prohibited additives in tobacco products
(1) A
person must not produce or supply a tobacco product containing –
(a) vitamins or other
additives that create the impression that a tobacco product has a health
benefit or presents reduced health risks;
(b) caffeine, taurine or
other additives and stimulant compounds that are associated with energy and
vitality;
(c) additives that have
colouring effects on emissions; or
(d) in the case of tobacco
products for smoking, additives that facilitate inhalation or nicotine uptake.
(2) A
person must not produce or supply a tobacco product containing –
(a) additives that have CMR
properties in unburnt form; or
(b) additives in quantities
that increase, to a significant or measurable degree, the toxic or addictive
effect or CMR properties of the product when it is consumed.
(3) Nothing
in this Regulation prohibits the use of an additive that is essential for the
manufacture of a tobacco product (for example, sugar when it is used to replace
sugar that is lost during the curing process) to the extent that it does not
result in a product with a characterising flavour and does not increase, to a
significant or measurable degree, the toxic or addictive effect or CMR
properties of the product when it is consumed.
19 Tobacco
for oral use
A person must not produce
or supply tobacco for oral use.
20 Novel tobacco products
A person must not produce
or supply novel tobacco products.
PART 5
HERBAL
PRODUCTS FOR SMOKING
21 Labelling and presentation of herbal products for smoking
(1) A
person must not produce or supply a herbal product for smoking unless the unit
packet and any container packet carries a health warning consisting of the text
“Smoking this product damages your health”.
(2) The
health warning must –
(a) appear on both the front
and back surfaces of the unit packet and any container packet;
(b) cover 30% of the area of
each of those surfaces, calculated in relation to the area of the surface
concerned when the packet is closed;
(c) be in black Helvetica
bold font on a white background;
(d) be in a font size that
ensures that the text occupies the greatest possible proportion of the surface
area reserved for it; and
(e) appear at the centre of
that area.
(3) A
unit packet and any container packet of a herbal product for smoking must not state
that the product is free of additives or flavourings or include any element or
feature that –
(a) promotes a herbal product
for smoking or encourages its consumption by creating an erroneous impression
about its characteristics, health effects, risks or emissions;
(b) includes any information
about the nicotine, tar or carbon monoxide content of a herbal product for
smoking;
(c) resembles a food or a
cosmetic product; or
(d) suggests that a
particular herbal product for smoking –
(i) is less harmful than other herbal products
for smoking,
(ii) aims to reduce the
effect of some harmful components of smoke,
(iii) has vitalising,
energising, healing, rejuvenating, natural or organic properties, or
(iv) has other health or
lifestyle benefits.
(4) In
this Regulation, “element or feature” includes, but is not limited to, any
text, symbol, name, trade mark, figurative sign or any other type of sign.
PART 6
PENALTIES
AND ENFORCEMENT
22 Offences
(1) A
person who produces or supplies a tobacco product in contravention of these
Regulations commits an offence and is liable to a term of imprisonment of 2 years
and a fine.
(2) A
person commits an offence and is liable to a term of imprisonment of 2 years
and a fine if that person breaches a provision of –
(a) Part 2 (requirements for
packaging of tobacco products);
(b) Part 3 (labelling of
tobacco products);
(c) Part 4 (tobacco products
which must not be produced or supplied); or
(d) Part 5 (herbal products).
23 False
or misleading information
A producer or supplier
commits an offence and is liable to a term of imprisonment of 2 years and
a fine if the producer or supplier provides information to a person under any
obligation in these Regulations and –
(a) the information is false
or misleading in a material particular; and
(b) the producer or supplier
knows the information to be false or misleading in a material particular or is
reckless as to whether the information is false or misleading in a material
particular.
24 Defences
(1) In any proceedings for an offence under
these Regulations against a person who supplies any tobacco product in
contravention of any provision of these Regulations, it is a defence that the
person neither knew nor had reasonable grounds for suspecting that the tobacco
product was supplied in breach of that provision.
(2) In any proceedings for an offence under
these Regulations brought against a person who supplies any tobacco product or
related product in breach of these Regulations, it is a defence that the
supplier exercised all due diligence to avoid committing the offence.
(3) A defendant may not, without permission of
the court, rely on the defence provided by paragraph (1) or (2) on the
basis that the commission of the offence was due to the act or default of
another person or the defendant’s reliance on information given by another
person unless –
(a) the defendant has served
on the prosecutor notice in writing, giving such information identifying or
assisting in the identification of that other person as is in the defendant’s
possession; and
(b) such notice is served at
least 7 days before the date of the hearing.
(4) A defendant may not rely on the defence
provided by paragraph (1) or (2) by reason that the defendant relied on
information given by another person unless the defendant shows that it was
reasonable in all the circumstances to have relied on that information.
25 Offences by bodies
corporate and others
(1) Without prejudice to Article 2B of the Law,
in this Regulation –
“relevant offence” means an offence under these Regulations that is
committed by a limited liability partnership, a separate limited partnership,
an incorporated limited partnership or another body corporate;
“relevant person” means –
(a) if the relevant offence
is committed by a limited liability partnership, a partner of the partnership;
(b) if the relevant offence
is committed by a separate limited partnership or an incorporated limited
partnership –
(i) a general partner, or
(ii) a limited partner who is
participating in the management of the partnership;
(c) if the relevant offence
is committed by a body corporate other than an incorporated limited
partnership –
(i) a director, manager, secretary or other
similar officer of the body corporate, and
(ii) if the affairs of the
body corporate are managed by its members, a member who is acting in connection
with the member’s functions of management; and
(d) a person purporting to
act in any capacity described in sub-paragraphs (a) to (c) in relation to
the partnership or body that commits the relevant offence.
(2) If a relevant offence is proved to have
been committed with the consent or connivance of a relevant person, that
relevant person is also guilty of the offence and liable in the same manner as
the partnership or body corporate to the penalty provided for that offence.
(3) Paragraph (4) applies if a relevant
offence –
(a) is an offence that may be
committed by neglect; and
(b) is proved to be
attributable to any neglect on the part of a relevant person.
(4) The relevant person is also guilty of the
offence and liable in the same manner as the partnership or body corporate to
the penalty provided for that offence.
PART 7
MISCELLANEOUS
PROVISIONS
26 Transitional provisions
A tobacco product is deemed to comply with these Regulations if it
would have complied with the Restriction on Smoking (Warning Notices) (Jersey)
Regulations 2011[3] if they were still in force and –
(a) in the case of cigarettes or hand rolling tobacco was –
(i) imported before 1st January 2022, and
(ii) supplied before 31st
July 2022; and
(b) in the case of any other tobacco products was –
(i) imported before 31st July 2022, and
(ii) supplied before 31st
July 2023.
27 Article A1
(interpretation) of Restriction on Smoking (Jersey) Law 1973 amended
In Article A1 of the Restriction on Smoking
(Jersey) Law 1973[4] –
(a) for the definition “cigarette” there is substituted –
“ “cigarette” means a tobacco product that can be consumed by means
of a combustion process and that is –
(a) a roll of tobacco (or of
tobacco and another substance) that is capable of being smoked as it is; or
(b) a roll of tobacco (or of
tobacco and another substance) that is designed to be, by simple non-industrial
handling –
(i) wrapped in cigarette paper, or
(ii) inserted into a
cigarette-paper tube;”;
(b) in the definition
“tobacco” for sub-paragraph (b) there is substituted –
“(b) leaves and other natural
processed or unprocessed parts of tobacco plants, including expanded and
reconstituted tobacco;”.
28 Restriction on Smoking (Warning Notices) (Jersey) Regulations
2011 and Restriction on Smoking (Warning Notices) (Amendment for UK Exit from
EU) (Jersey) Regulations 2019 repealed
The Restriction on Smoking (Warning
Notices) (Jersey) Regulations 2011[5] and Restriction on
Smoking (Warning Notices) (Amendment for UK Exit from EU) (Jersey) Regulations 2019[6] are repealed.
29 Citation
and commencement
These Regulations may be
cited as the Restriction on Smoking (Standardised Packaging and Labelling)
(Jersey) Regulations 2021 and come into force on 31st July 2021.
Schedule 1
(Regulation 3(3))
EXCEPTIONS TO COLOUR AND
SHADE OF PACKAGING
1 Application
The provisions of this Schedule prevail to the extent of any
inconsistency with any other provision in these Regulations.
2 Text stating brand
name and variant name
The external packaging of a unit packet or container packet of
cigarettes or hand rolling tobacco may have text printed on it that states the
brand name and variant name of the product, but only if –
(a) the text does not contain
any character which is not alphabetic, numeric or an ampersand;
(b) the first letter of any
word is in upper-case type or lower-case type and the remaining letters are in
lower-case type;
(c) the text is printed in
Helvetica font;
(d) the colour of the text is
Pantone Cool Gray 2 C with a matt finish;
(e) the text is in a normal,
weighted, regular typeface;
(f) the brand name is
contained within 1 line;
(g) the variant name is
contained within 1 line;
(h) the variant name appears
immediately below the brand name and has the same orientation as it;
(i) the size of the brand
name is no larger than 14 point;
(j) the size of the variant
name is no larger than 10 point;
(k) in relation to a packet
that is not cylindrical in shape or in the form of a pouch, the brand name and
variant name appear only, and not more than once, on each of the following
surfaces –
(i) the front surface of the packet,
(ii) one of the smallest
surfaces of the packet, and
(iii) the other smallest
surface of the packet;
(l) in relation to a packet
that is cylindrical in shape, the brand name and variant name appear only, and
not more than once, on each of the following surfaces –
(i) the front surface of the packet,
(ii) the back surface of the
packet, and
(iii) the lid of the packet;
(m) in relation to a packet
that is in the form of a pouch, the brand name and variant name appear only,
and not more than once, on each of the following surfaces –
(i) the front surface of the packet,
(ii) the back surface of the
packet, and
(iii) if the pouch takes the
form of a rectangular pocket with a flap that covers the opening, the hidden
surface of the packet;
(n) the brand name and
variant name are located at the centre of any such surface or, where the
surface contains a health warning, at the centre of the area of the surface not
taken up by the health warning; and
(o) the text on any surface
that contains a health warning is orientated in accordance with the warning.
3 Text stating number of
cigarettes or weight of tobacco
(1) The external packaging of a unit packet or
container packets of cigarettes may have text printed on it that states
the number of cigarettes contained in the packet and may be followed by the
word “Cigarettes”, but only if –
(a) in relation to a
container packet of an aggregation of unit packets, the number so expressed
is –
(i) the total number of cigarettes in the
container packet, or
(ii) the number of unit
packets in the container packet multiplied by the number of cigarettes in each
unit packet, with the multiplication symbol being expressed as an “x”; and
(b) the first letter of the
word “Cigarettes” is in upper-case type or lower-case type and the remaining
letters in the word are in lower-case type.
(2) The external packaging of a unit packet or
container packet of hand rolling tobacco may have text printed on it that
states the weight of tobacco in g contained in the packet and may be followed
by the words “Rolling Tobacco” or “Hand Rolling Tobacco”, but only if –
(a) in relation to a
container packet of an aggregation of unit packets, the weight so expressed
is –
(i) the total weight of tobacco in the
container packet, or
(ii) the number of unit
packets in the container packet multiplied by the weight of tobacco in each
unit packet, with the multiplication symbol being expressed as an “x”; and
(b) the weight of tobacco is
expressed in numeric characters followed by the letter “g”.
(3) The text referred to in sub-paragraphs (1)
and (2) must also comply with the following –
(a) the number must be
expressed in numeric characters;
(b) the text is printed in
Helvetica font;
(c) the colour of the text is
Pantone Cool Gray 2 C with a matt finish;
(d) the text is in a normal,
weighted, regular typeface;
(e) in relation to a unit
packet, the size of the text is no larger than 10 point;
(f) in relation to a
container packet, the size of the text is no larger than 14 point;
(g) the text appears only
once;
(h) the text on any surface
that contains a health warning is orientated in accordance with the warning.
4 Text giving details
about producer
(1) A unit packet or container packet of
cigarettes or hand rolling tobacco may have text printed on its external or
internal packaging (but not on both its external and internal packaging) that
states all or any of the following –
(a) the words “The producer’s
contact details are:”;
(b) the name of the producer;
(c) the address of the
producer;
(d) the email address of the
producer;
(e) the telephone number of
the producer.
(2) The text referred to in sub-paragraph (1)
must comply with the following –
(a) the text must not contain
any character that is not alphabetic, numeric or an ampersand, although the
text of the email address may include an “@”;
(b) the first letter of any
word must be in upper-case type or lower-case type and the remaining letters of
the word must be in lower-case type;
(c) the text must be printed
in Helvetica font;
(d) the colour of the text
must be –
(i) if it appears on the external packaging,
Pantone Cool Gray 2 C with a matt finish, or
(ii) if it appears on the
internal packaging, Pantone Cool Gray 2 C with a matt finish, Pantone 448 C
with a matt finish or black with a matt finish;
(e) the text must be in a
normal, weighted, regular typeface;
(f) the size of the text
must not be larger than 10 point;
(g) the text must appear only
once;
(h) the text must not appear
on the front surface of the unit packet or container packet.
5 Text about cigarette
papers and filters
(1) If a unit packet of hand rolling tobacco
includes cigarette papers or filters, or both, the external packaging of the
unit packet, and of any container packet in which it is contained, may have
printed on it such of the following texts as is applicable –
(a) “includes cigarette
papers and filters”;
(b) “includes cigarette
papers”; or
(c) “includes filters”.
(2) If a container packet of hand rolling
tobacco includes cigarette papers or filters, or both, the external packaging
of the container packet may have printed on it such of the following texts as
is applicable –
(a) “includes cigarette
papers and filters”;
(b) “includes cigarette
papers”; or
(c) “includes filters”.
(3) The texts referred to in sub-paragraphs (1)
and (2) must comply with the following –
(a) the text must be in
lower-case type;
(b) the text must be printed
in Helvetica font;
(c) the colour of the text
must be Pantone Cool Gray 2 C with a matt finish;
(d) the text must be in a
normal, weighted, regular typeface;
(e) the text must appear
below any variant name (or, if there is no variant name, below any brand name);
(f) the size of the text
must not be larger than 10 point; and
(g) the text must appear only
once.
6 Barcodes
The external packaging of a unit packet or container packet of
cigarettes or hand rolling tobacco may contain a barcode, but only if –
(a) the sole purpose of the
barcode is to facilitate the sale, distribution and stock control of the
tobacco product;
(b) the colour of the barcode
is –
(i) black and white, or
(ii) Pantone 448 C and
white;
(c) the barcode does not form
a picture, pattern, image or symbol that is recognisable as anything other than
a barcode;
(d) the barcode appears only
once; and
(e) the barcode does not
appear on the front surface of the unit packet or container packet.
7 Calibration mark
The external packaging of a unit packet or container packet of
cigarettes or hand rolling tobacco may contain a calibration mark, but only if –
(a) the calibration mark
appears only to the extent necessary for the automated manufacture of the
packaging of the product; and
(b) the calibration mark, if
visible or otherwise detectable, is as inconspicuous as possible so far as is
consistent with its function in connection with that automated manufacture.
Schedule 2
(Regulation 6)
FURTHER CONDITIONS FOR THE PACKAGING OF
TOBACCO PRODUCTS
1 Surfaces
(1) Any surface of the external or internal
packaging of a unit packet or container packet of cigarettes or hand rolling
tobacco –
(a) must be smooth and,
in the case of a unit packet or container packet that is cuboid in shape, flat;
and
(b) must contain no ridges,
embossing or other irregularities of shape or texture.
(2) Nothing in sub-paragraph (1) prohibits
the inclusion –
(a) in the case of a unit
packet of hand rolling tobacco in the form of a pouch, of any feature that
occurs as a necessary part of the process of sealing the pouch during its
manufacture; or
(b) in the case of a unit
packet or container packet of hand rolling tobacco that is cylindrical in
shape, of any feature that is necessary to affix the bottom of the cylinder or
to enable the lid of the cylinder to be opened and closed.
(3) Sub-paragraph (1) is subject to any
provision to the contrary made by any enactment (whenever passed or made) other
than these Regulations.
2 Inserts etc
(1) No insert or additional material may be
attached to or included with the packaging of a unit packet or container packet
of cigarettes or hand rolling tobacco.
(2) Despite sub-paragraph (1) –
(a) a barcode may be attached
to packaging in the form of an adhesive label; and
(b) cigarette papers or
filters may be included with a unit packet or container packet of hand rolling
tobacco, provided they are not visible before the packet is opened.
(3) Sub-paragraph (1) is subject
to any provision to the contrary made by any enactment (whenever passed or
made) other than these Regulations.
3 Lining in unit packet
of cigarettes
(1) If a unit packet of cigarettes contains a
lining as part of its internal packaging –
(a) the lining must be a
silver coloured foil with a white paper backing; and
(b) there must be no
variation in the tone or shade of the foil.
(2) Despite Paragraph 1(1), the lining may
be textured over any entire surface with small dots or squares embossed on the
lining if –
(a) that texture is required
for the purpose of –
(i) the automated manufacture of the lining,
or
(ii) the packing of the
cigarettes into the packet; and
(b) the dots or
squares –
(i) are equidistant from each other,
(ii) are of uniform size, and
(iii) do not form a picture,
pattern, image or symbol that is recognisable as anything other than a lining.
4 Tab and seal in unit
packet of hand rolling tobacco
(1) If a unit packet of hand rolling tobacco
has a tab for resealing the packet, the tab must be clear and transparent and
not coloured or marked.
(2) If a unit packet of hand rolling tobacco
that is cylindrical in shape contains a foil seal as part of its internal
packaging, the foil seal must be coloured silver with no variation in tone or
shade.
(3) Despite Paragraph 1(1), a foil seal
may be textured over any entire surface with small dots or squares embossed on
the seal if the dots or squares –
(a) are equidistant from each
other;
(b) are of uniform size; and
(c) do not form a picture,
pattern, image or symbol that is recognisable as anything other than a foil
seal.
(4) Nothing in sub-paragraph (1) prevents
a feature that is required to be carried by a unit packet of hand rolling
tobacco by a provision of an enactment (whenever passed or made) other than
these Regulations from being in the form of a tab.
5 Wrappers
(1) A container packet, a unit packet or an
aggregation of unit packets that is not contained in a container packet may be
enclosed by a wrapper, but only if –
(a) the wrapper is clear and
transparent;
(b) the wrapper is not
coloured or marked;
(c) any surface of the
wrapper –
(i) is smooth and, in the case of a unit
packet or container packet that is cuboid in shape, flat, and
(ii) does not contain any
ridge, embossing or other irregularity of shape or texture that is not a
necessary result of the packaging process; and
(d) there is nothing attached
to the wrapper.
(2) A wrapper that encloses an aggregation of
unit packets may have solid, black rectangles or squares but only to the extent
necessary, and of a minimum size necessary, to cover any barcode on the unit
packets enclosed within the wrapper.
(3) A wrapper may have a tear tape –
(a) that is –
(i) clear and transparent (and not coloured or
marked), or
(ii) black;
(b) that forms a continuous
straight line which is of a constant width not exceeding 3 mm; and
(c) that is parallel to any
straight edge of the packet enclosed by the wrapper.
(4) Nothing in sub-paragraph (3)(a)(i)
prevents the tear tape from including a single, solid black line that is not
more than 15 mm long and indicates where the tear strip begins.
(5) A wrapper may contain a barcode (and that
barcode may take the form of an adhesive label), but only if –
(a) the sole purpose of the
barcode is to facilitate the sale, distribution and stock control of the
tobacco product;
(b) the colour of the barcode
is –
(i) black and white, or
(ii) Pantone 448 C and
white;
(c) the barcode does not form
a picture, pattern, image or symbol that is recognisable as anything other than
a barcode;
(d) the barcode appears only
once; and
(e) the barcode does not
appear on that part of the wrapper that covers the front of the container
packet, unit packet or aggregation of unit packets.
Schedule 3
(Regulation 11(2)(a))
TEXT WARNINGS AND CORRESPONDING IMAGES FOR
COMBINED HEALTH WARNINGS
1. Smoking clogs your arteries
2. Don’t let children breathe your smoke
3. Smoking causes blindness
4. Smoking causes lung cancer
5. Smoking doubles your risk of stroke
6. Tobacco smoke is toxic
7. Smoking harms unborn babies
8. Smoking causes peripheral vascular disease
9. Smoking causes emphysema
10. Quitting will improve your health
11. Smoking damages your gums and teeth
12. Smoking damages your gums and teeth
13. Smoking causes throat cancer
Schedule 4
(Regulation 14(2)(b))
TEXT WARNING FOR CIGARS AND CIGARILLOS
1. “Smoking
causes 9 out of 10 lung cancers”.
2. “Smoking
causes mouth and throat cancer”.
3. “Smoking
damages your lungs”.
4. “Smoking
causes heart attacks”.
5. “Smoking
causes stroke and disability”.
6. “Smoking
clogs your arteries”.
7. “Smoking
increases the risk of blindness”.
8. “Smoking
damages your teeth and gums”.
9. “Smoking
can kill your unborn child”.
10. “Your
smoke harms your children, family and friends”.
11. “Smokers’
children are more likely to start smoking”.
12. “Quit
smoking – stay alive for those close to you”.
13. “Smoking
reduces fertility”.
14. “Smoking
increases the risk of impotence”.