SMOKING (PUBLIC HEALTH) REGULATIONS

SMOKING (PUBLIC HEALTH) REGULATIONS

SMOKING (PUBLIC HEALTH) REGULATIONS

(Cap. 371, section 18(1)

[13 August 1982.]

1. These regulations may be cited as the Smoking (Public
Health) Regulations.

2. (1) A cigarette containing the amount of tar specified in the first
column hereunder shall, for the purposes of the Ordinance and these
regulations, be deemed to fall into the tar group designated in the
second column hereunder

First column Second column

Tar content in milligrams
pet. cigarette Tar group designation
0 10 Low tar
11 16 Low to middle tar
17 22 Middle tar
23 28 Middle to high tar
29 and over High tar.

(2) In classifying a cigarette according to its tar content for the
purposes of this regulation the tar content as determined by analysis
shall be rounded off to the nearest milligram.

3. Subject to these regulations, where the Government Chemist has
published a determination under section 16 of the Ordinance, the brand
of cigarettes to which such determination relates shall be designated, in
accordance with regulation 2, as belonging to the tar group indicated
by the determination:

Provided that where such determination has the effect of varying
the tar group designation of any brand of cigarettes as previously
designated in conformity with these regulations

(a)cigarette packets and retail containers may be sold, offered for
sale or possessed for the purposes of sale, bearing the
previous designation for a period of 12 months;

(b)a cigarette advertisement in a printed publication to which
section 1 1 of the Ordinance applies may be printed bearing the
previous designation for a period of

(i) 2 weeks, in the case of an advertisement in a news-

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paper published at intervals of a week or less than a week; or

(ii) 3 months, in the case of an advertisement in any other
printed publication,

after the publication of the determination of the Government Chemist.





4. The tar group designation of any brand of cigarettes shall be
determined by the proprietor of the brand, or his agent, having regard to
regulation 2 and his own reasonable estimation of the tar content of the
cigarette

(a)where there has been no determination for the brand
published under section 16 of the Ordinance; or

(b)where the manufacturer of the cigarettes has altered the tar
content of any cigarettes and thereby rendered the previous
designation incorrect.

5. Where the Government Chemist has published a determination
under section 16 of the Ordinance for any brand of cigarettes and the
determination differs by not more than one milligram from

(a) any previous determination by him; or

(h) any estimation under regulation 4,

and has the effect of placing the cigarettes in a tar group other than that
to which they would have belonged but for the difference, the brand of
cigarettes may continue to be designated as belonging to the tar group
they previously belonged to if the Director of Medical and Health
Services so approves in writing.

6. (1) Upon any cigarettes being first offered for sale by retail and
bearing on their packets or retail containers a tar group designation as
determined under regulation 4, the person responsible for the wholesale
distribution thereof shall, within 2 days following such first offer, notify
the Director of Medical and Health Services of such offer.

(2) Any person who fails to notify the Director of Medical and
Health Services as required by paragraph (1) commits an offence
and is liable on summary conviction therefor to a fine of $2,000.

7. There shall be exempted from the provisions of Part IV of the
Ordinance cigarette advertisements in printed publications to which
section 11 of the Ordinance applies where such advertisements

(a)are in a publication printed before the coming into operation of
Part IV; or

(b)conform with the provisions of that section save that they
bear an incorrect tar group designation if they bear a tar group
designation which they could lawfully bear at the time when
they were printed.

8. (1) The following categories of cigarette advertisements are
prescribed for the purposes of section 12(2) of the Ordinance

(a) cigarette advertisements on any-





(i) small portable object, being of a decorative nature
or for personal, domestic or business use;
(ii) object worn on the person;
(iii) umbrella,

if that object or umbrella carries a cigarette advertisement
only because it bears the name or trade name of a person
associated with the marketing of cigarettes or cigarette
tobacco or a brand name of cigarettes or cigarette tobacco
and additionally or alternatively any pictorial device com-
monly associated therewith, but which does not illustrate
or mention cigarette tobacco or cigarettes or their pack-
ages or qualities or smoking;

(b) cigarette advertisements which-
(i) are in or upon premises of any manufacturer of
tobacco or tobacco products or any wholesale dealer in
cigarettes or cigarette tobacco which are used for the
manufacture of cigarettes or cigarette tobacco or for the
purpose of dealing by wholesale in cigarettes or cigarette
tobacco; and
(ii) are not visible from outside the premises.

(2) Paragraph (1) shall come into operation-

(a)in relation to cigarette advertisements prescribed in sub-
paragraph (a) of that paragraph, on the day appointed for
the commencement* of section 3(a) of the Smoking (Public
Health) (Amendment) Ordinance 1984; and

(b)in relation to cigarette advertisements prescribed in sub-
paragraph (b) of that paragraph, on the day appointed for
the commencement* of section 3(b) of the Smoking (Public
Health) (Amendment) Ordinance 1984.
L.N. 311/82. L.N. 155/84. Tar groups. Determination by the Government Chemist. Determination by the proprietor of the brand. Minor variations between past and present determinations. Notification of retail sales. Exemption of certain advertisements from Part IV of the Ordinance. Advertisements exempted under Ordinance. L.N. 155/84. (26 of 1984.) [*15.6.84.] (26 of 1984.) [*15.6.85.]

L.N. 311/82. L.N. 155/84. Tar groups. Determination by the Government Chemist. Determination by the proprietor of the brand. Minor variations between past and present determinations. Notification of retail sales. Exemption of certain advertisements from Part IV of the Ordinance. Advertisements exempted under Ordinance. L.N. 155/84. (26 of 1984.) [*15.6.84.] (26 of 1984.) [*15.6.85.]

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