UK Statutory Instrument SI 2016 United Kingdom

The Tobacco and Related Products Regulations 2016

These Regulations implement Directive 2014/40/EU of the European Parliament and the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products (“the Tobacco Products Directive”), other than articles 6, 13 to 16, one element …

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
Trading Standards, MHRA
Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Manufacturer13 Any Person2 Distributor1

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Manufacturer — also bound by 502 other Acts
Any Person — also bound by 2340 other Acts
Distributor — also bound by 182 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introduction

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.001 Citation and commencement
s.001 Extent
s.002 Interpretation
s.003 Meaning of producer and supplier etc.
s.004 Meaning of unit and container pack and the surfaces of a pack
Part 2

Labelling of tobacco products

2 of 9 sections shown
s.006 Range and rotation of combined health warnings Regulated
  • Rotate health warning photographs on cigarette packs in specified proportionsManufacturer
s.009 Labelling of large cigars and individually wrapped cigars and cigarillos Regulated
  • Label large cigars and cigarillos with required health warningsAny Person
7 other sections in this Part — procedural and definitional
s.005 Combined health warnings on tobacco products for smoking
s.005 Revision of text warnings, photographs and technical specifications : GB tobacco products
s.007 General warnings and information messages on tobacco products for smoking
s.008 Position of general warning and information message on cigarettes and hand rolling tobacco
s.010 Health warning on smokeless tobacco products
s.011 General conditions applicable to all health warnings on tobacco products
s.012 Images of tobacco products targeted at consumers
Part 3

Emissions, additives and other prohibited ingredients and products

1 of 7 sections shown
s.014 Measurement and verification of emission levels Regulated
  • Provide cigarette samples to the Secretary of State for emission verificationAny Person
6 other sections in this Part — procedural and definitional
s.013 Maximum emission levels of cigarettes
s.015 No flavoured cigarettes or hand rolling tobacco etc.
s.015 No flavoured NI heated tobacco products
s.016 No vitamins, colourings or prohibited additives in tobacco products
s.016 Regulations: procedures for determining characterising flavour : GB tobacco products
s.017 Tobacco for oral use
Part 4

Reporting about tobacco products

6 of 12 sections shown
s.018 Specified information about tobacco products Regulated
  • Submit tobacco product information and comply with Secretary of State requestsManufacturer
s.020 Priority list of additives - enhanced reporting Regulated
  • Carry out research study on Schedule 2 additives and submit reportManufacturer
s.021 Sales data and market research information Regulated
  • Submit annual sales data and market research to MHRAManufacturer
s.022 Notification of novel tobacco products Regulated
  • Notify Secretary of State before supplying novel tobacco productsManufacturer
s.024 Further information about novel tobacco products Regulated
  • Conduct additional studies and report new information on novel tobacco productsManufacturer
s.027 No supply of tobacco product where reporting obligation not complied with Regulated
  • Do not supply tobacco products if you have missed a reporting deadlineManufacturer
6 other sections in this Part — procedural and definitional
s.019 Ingredients information
s.020 Emissions information
s.020 Research study into additives
s.023 Deadline for notification of novel tobacco products
s.025 Submission of information
s.026 Use of information
Part 5

Herbal products for smoking

2 of 3 sections shown
s.029 Ingredients information for herbal products for smoking Regulated
  • Submit ingredient lists for herbal smoking products to the Secretary of StateManufacturer
s.030 Herbal products for smoking - supplementary Regulated
  • Do not supply herbal smoking products until you have submitted ingredient information and paid the feeManufacturer
1 other section in this Part — procedural and definitional
s.028 Labelling and presentation of herbal products for smoking
Part 6

Electronic cigarettes

4 of 10 sections shown
s.031 Notification about electronic cigarettes and refill containers Regulated
  • Notify MHRA before supplying electronic cigarettes or refill containersManufacturer
s.032 Annual reporting requirement Regulated
  • Submit annual report on e-cigarette sales and consumer preferencesManufacturer
s.039 Vigilance requirements Regulated
  • Set up an adverse effect monitoring system and report unsafe productsManufacturer
s.040 Action to protect human health Regulated
  • Comply with Secretary of State's safety measures on e-cigarettesManufacturer
6 other sections in this Part — procedural and definitional
s.033 Submission of information
s.034 Secretary of State duty to publish notifications etc.
s.035 No supply of product where notification not complied with
s.036 Product requirements
s.037 Product information and labelling requirements
s.038 Product presentation requirement
Part 7

Electronic cigarette advertising

0 of 6 sections shown
6 other sections in this Part — procedural and definitional
s.041 Interpretation of Part 7
s.042 No advertising of electronic cigarettes in the press etc.
s.043 No advertising of electronic cigarettes in information society services
s.044 Sponsorship of events etc. : Northern Ireland.
s.045 Amendment of section 319 of and Schedule 11A to the Communications Act 2003 (product placement of electronic cigarettes on television)
s.046 Amendment of Part 4A of the Communications Act 2003 (on-demand programme services)
Part 8

Distance sales to consumers

1 of 1 section shown
s.047 Cross-border distance sales of tobacco products and electronic cigarettes etc : in and from Northern Ireland Regulated
  • Register before selling tobacco or e-cigarettes cross-border in or from NIDistributor
Part 9

Penalties and enforcement

0 of 6 sections shown
6 other sections in this Part — procedural and definitional
s.048 Offences
s.049 False or misleading information
s.050 Defences
s.051 Penalties
s.052 Offences by bodies corporate and Scottish partnerships
s.053 Enforcement
Part 9

FEES: Great Britain

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.053 Fees for determining characterising flavour, toxicity, addictiveness or CMR properties: Great Britain
Part 10

Miscellaneous provisions

0 of 7 sections shown
7 other sections in this Part — procedural and definitional
s.054 Revocation
s.054 Regulations: Great Britain
s.054 Regulations: duty to consult
s.055 Saving for tobacco product identification marking
s.056 Transitional provisions
s.057 Saving for product placement of electronic cigarettes in television programmes the production of which began before 20th May 2016
s.058 Review
3 other provisions
s.001 Mere conduits (opens in a new tab)
s.002 Caching (opens in a new tab)
s.003 Hosting (opens in a new tab)

Help complying

Guvnor’s practical routes through this instrument.

2 more guides that reference this instrument
Meet your tobacco product, duty and track-and-trace obligations Tobacco manufacturer: compliance checklist

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.