Draft Regulations laid before Parliament under sect ion 135(6) of the Children and Families Act 
2014 and paragraph 2(2) of Schedule 2 to the Europe an Communities Act 1972, for approval by 
resolution of each House of Parliament. 
D R A F T  S T A T U T O R Y  I N S T R U M E N T S  
2015 No.  
PUBLIC HEALTH 
The Standardised Packaging of Tobacco Products Regu lations 
2015 
Made - - - - *** 
Coming into force - - 20th May 2016 
The Secretary of State is a Minister designated for  the purposes of section 2(2) of the European 
Communities Act 1972( a) in relation to measures relating tobacco, tobacco  products, nicotine, 
nicotine products and herbal products for smoking( b). 
The Secretary of State makes the following Regulati ons in exercise of the powers conferred by 
sections 94 and 135(2) and (3) of the Children and Families Act 2014( c) and section 2(2) of the 
European Communities Act 1972. 
A draft of these Regulations has been laid before a nd approved by resolution of each House of 
Parliament in accordance with section 135(6) of the  Children and Families Act 2014 and 
paragraph 2(2) of Schedule 2 to the European Commun ities Act 1972( d). 
PART 1 
Introduction 
Citation and commencement 
1. —(1) These Regulations may be cited as the Standard ised Packaging of Tobacco Products 
Regulations 2015. 
(2)  These Regulations come into force on 20th May 2016.  
                                                                                                                                            
(a) 1972 c. 68; section 2(2) was amended by section 2 7(1)(a) of the Legislative and Regulatory Reform Ac t 2006 (c. 51) and by 
the Schedule to the European Union (Amendment) Act 2008 (c. 7). 
(b) S.I. 2014/2705 
(c) 2014 c. 6. 
(d) Paragraph 2(2) of Schedule 2 to the European Comm unities Act 1972 was amended by section 27(2)(a) of  the Legislative 
and Regulatory Reform Act 2006.  2Interpretation 
2. —(1) In these Regulations— 
“appropriate minister”— 
(a)  in relation to England, means the Secretary of Stat e, 
(b)  in relation to Wales, means the Welsh Ministers, 
(c)  in relation to Northern Ireland, means the Departme nt of Health, Social Services and 
Public Safety, and 
(d)  in relation to Scotland, means the Scottish Ministe rs; 
“brand name”, in relation to a particular tobacco p roduct, means the primary name by which 
the product is known; 
“calibration mark” means a mark that is used only f or 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 additi ves, including (but not limited to) fruit, 
spice, herbs, alcohol, candy, menthol or vanilla, a nd 
(b)  is noticeable before or during the consumption of t he tobacco product; 
“cigar” means a tobacco product that can be consume d by means of a combustion process and 
(given its properties and normal consumer expectati ons) is exclusively intended to be smoked 
as it is, and which is either— 
(a)  a roll of tobacco (or of tobacco and another substa nce) which has an outer wrapper of 
natural tobacco, or 
(b)  a roll of tobacco (or of tobacco and another substa nce) which— 
(i)  has an outer wrapper— 
(a)  of the normal colour of a cigar, 
(b)  made of reconstituted tobacco, and 
(c)  covering 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 t obacco and another substance), 
(iii)  has a unit weight, not including any filter or mout hpiece, of not less than 2.3 grams 
and not more than 10 grams, and 
(iv)  has a circumference, over at least one third of its  length, of not less than 34 
millimetres; 
“cigarette” means a tobacco product that can be con sumed by means of a combustion process 
and which is either— 
(a)  a roll of tobacco (or of tobacco and another substa nce) which is capable of being smoked 
as it is, but which is not a cigar, or 
(b)  a roll of tobacco (or of tobacco and another substa nce) which is designed to be, by simple 
non-industrial handling— 
(i)  wrapped in cigarette paper, or 
(ii)  inserted into a cigarette-paper tube; 
“consumer” means an individual who is acting for pu rposes which are outside the individual’s 
trade, business, craft or profession; 
“container packet”, in relation to a tobacco produc t, means any packaging— 
(a)  in which that product is, or is intended to be, pre sented for retail sale, and 
(b)  which encloses (whether wholly or partially)— 
(i)  a unit packet of that product, or  3(ii)  an aggregation of such unit packets; 
and where there is more than one separate layer of such packaging each such layer is to 
be regarded as a separate container packet for the purposes of these Regulations; but any 
reference in this definition to packaging does not include a wrapper; 
“cross-border distance sale”, in relation to a toba cco product, means a distance sale to a 
consumer where, at the time the consumer orders the  product from a retailer, the consumer is 
located in a member State other than the member Sta te or the third country where the retailer 
is established; and for the purposes of this defini tion a retailer is deemed to be established in a 
member State— 
(a)  in the case of an individual, if the individual’s p lace of business is in that member State, 
and 
(b)  in any other case, if the retailer has its statutor y seat, central administration or place of 
business, including a branch, agency or any other e stablishment, in that member State; 
“enactment” means an enactment contained in, or in an instrument made under— 
(a)  an Act of Parliament, 
(b)  an Act of the Scottish Parliament, 
(c)  a Measure or Act of the National Assembly for Wales , or 
(d)  Northern Ireland legislation, within the meaning of  the Interpretation Act 1978( a); 
“external packaging”— 
(a)  in relation to a unit packet of a tobacco product ( other than a unit packet mentioned in 
paragraph (b)), means every surface of the packet t hat is visible before the packet is 
opened, 
(b)  in relation to a unit packet of hand rolling tobacc o in the form of a pouch, means every 
surface of the pouch that is visible before the pou ch is opened, together with the hidden 
surface of the pouch in a case where the pouch take s the form of a rectangular pocket 
with a flap that covers the opening, and 
(c)  in relation to a container packet of a tobacco prod uct, means every surface of the packet 
that is visible before the packet is opened; 
and for the purposes of this definition “visible” i ncludes visible through any wrapper permitted by 
paragraph 4 of Schedule 2 or 4 or any tab which com plies with paragraph 3(1) of Schedule 4; 
“hand rolling tobacco” means a tobacco product whic h is not a cigarette and which can be 
used after retail sale for making cigarettes; 
“hidden surface”, in relation to a pouch of hand ro lling tobacco in the form of a rectangular 
pocket with a flap that covers the opening, means t he surface of the pouch which— 
(a)  becomes visible when the flap is opened, but 
(b)  is not the underside surface of the flap or any sur face of the inside of the pocket; 
“internal packaging”, in relation to a unit packet or container packet of a tobacco product, 
means so much of that packet as does not comprise t he external packaging of that packet; 
“packaging”, in relation to a tobacco product, has its ordinary meaning and (without limiting 
that meaning) 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; 
“pouch” means a unit packet of hand rolling tobacco  in the form of— 
(a)  a rectangular pocket with a flap that covers the op ening, or 
                                                                                                                                            
(a) 1978 c. 30. The definition of “Northern Ireland l egislation” in section 24(5) was amended by paragra ph 3 of Schedule 13 to 
the Northern Ireland Act 1998 (c. 47).  4(b)  a standing pouch; 
“retail sale” means sale otherwise than to a person  who is acting in the course of a business 
which is part of the tobacco trade; 
“tobacco” means leaves and other natural processed or unprocessed parts of tobacco plants, 
including expanded and reconstituted tobacco; 
“tobacco product” means a product that can be consu med and consists, even partly, of 
tobacco, whether genetically modified or not; 
“travel retail sector” means retail outlets in the United Kingdom at which tobacco products 
may be purchased only by people travelling on journ eys to destinations outside the United 
Kingdom; 
“unit packet”, in relation to a tobacco product, me ans the smallest individual packaging 
(whether enclosed by a container packet or not) in which that product is, or is intended to be, 
presented for retail 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 product s under the same brand name; 
“wrapper”, in relation to a tobacco product, means a cellophane or plastic wrapper— 
(a)  in which that product is, or is intended to be, pre sented for retail sale, and 
(b)  which encloses  (whether wholly or partially)— 
(i)  a unit packet of that product, 
(ii)  an aggregation of such unit packets which is not co ntained in a container packet, or 
(iii)  a container packet of that product. 
(2)  Expressions used in these Regulations and in the Tr ade Marks Act 1994( a) have the same 
meaning as in that Act. 
(3)  References in these Regulations to the front and ba ck surfaces of a unit packet or container 
packet of a tobacco product are to the two largest surfaces of the external packaging of the packet, 
but— 
(a)  in relation to a unit packet of hand rolling tobacc o in the form of a pouch, the hidden 
surface is to be disregarded for the purposes of th is paragraph, and 
(b)  this paragraph is subject to paragraph (4). 
(4)  References in these Regulations to the front and ba ck surfaces of a unit packet or container 
packet of hand rolling tobacco which is cylindrical  in shape are to what are the two opposite 
halves of the curved surface of the external packag ing of the packet if the curved surface is 
divided equally along a vertical plane. 
(5)  For the purposes of these Regulations a person prod uces a tobacco product if, in the course 
of a business and with a view to the product being supplied for consumption in the United 
Kingdom or through the travel retail sector, the pe rson— 
(a)  manufactures the product, 
(b)  puts a name, trade mark or other distinguishing mar k on it by which the person is held out 
to be its manufacturer or originator, or 
(c)  imports it into the United Kingdom, 
and “producer” is to be construed accordingly. 
(6)  For the purposes of these Regulations a person supp lies a tobacco product if, in the course of 
a business, the person— 
(a)  supplies the product— 
(i)  for consumption in the United Kingdom or through th e travel retail sector, or 
                                                                                                                                            
(a) 1994 c. 26.  5(ii)  with a view to the product being supplied for consu mption in the United Kingdom or 
through the travel retail sector, 
(b)  offers or agrees to supply it in those circumstance s, or 
(c)  exposes or possesses it for supply in those circums tances. 
(7)  In the case of a cross-border distance sale of a to bacco product where the consumer is 
located in the United Kingdom, the tobacco product is to be treated for the purposes of these 
Regulations as supplied, and presented for retail s ale, in the United Kingdom. 
PART 2 
Provisions which apply to cigarettes only 
Permitted colour or shade of packaging of cigarette s 
3. —(1) No person may produce or supply any cigarettes  in breach of any of the provisions of 
this regulation or Schedule 1 (exceptions to paragr aphs (2) and (3)). 
(2)  The only colour or shade permitted on or for the ex ternal packaging of a unit packet or 
container packet of cigarettes is Pantone 448 C wit h a matt finish, but this is subject to paragraph 
(4) and Schedule 1. 
(3)  The only colour or shade permitted on or for the in ternal packaging of a unit packet or 
container packet of cigarettes, is either— 
(a)  white, or 
(b)  Pantone 448 C with a matt finish, 
but this is subject to paragraph (4), Schedule 1 an d paragraph 3(1) of Schedule 2. 
(4)  Nothing in paragraph (2) or (3) prohibits any warni ng, statement, text, picture, image, 
symbol or marking which is required by any enactmen t (whenever passed or made) other than 
these Regulations; but see paragraph 3 of Schedule 1 which imposes conditions in relation to any 
text required in accordance with regulation 7(4)(a) (i) of the General Product Safety Regulations 
2005 (name and address of producer)( a). 
Material, shape, opening and contents of unit packe t of cigarettes 
4. —(1) No person may produce or supply any cigarettes  in breach of any of the provisions of 
this regulation. 
(2)  A unit packet of cigarettes must be made of carton or soft material. 
(3)  A unit packet of cigarettes must be cuboid in shape , although any such cuboid may have 
bevelled or rounded edges. 
(4)  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. 
(5)  A flip-top lid may be hinged only at the back of th e packet. 
(6)  A shoulder box hinged lid may be hinged only along one of the two smallest sides of the 
packet. 
(7)  The sides of a unit packet of cigarettes which is a  shoulder box with a hinged lid must have a 
height (measured between the front and back surface s of the packet) of at least 16 millimetres. 
(8)  A unit packet of cigarettes must contain a minimum of 20 cigarettes. 
                                                                                                                                            
(a) S.I. 2005/1803.  6Appearance of cigarettes 
5. —(1) No person may produce or supply any cigarettes  in breach of any of the provisions of 
this regulation. 
(2)  The only colour or shade permitted on or for the pa per, casing, filter or other material 
forming part of a cigarette (apart from the tobacco  contained in it) is plain white with a matt finish , 
but this is subject to the following provisions. 
(3)  Any paper or casing that surrounds the end of a cig arette that is not designed to be lit may be 
coloured in such a way as to imitate cork. 
(4)  A cigarette may have text printed on it to identify  the brand name and variant name of the 
cigarette but only if each of the following conditi ons is met. 
(5)  Those conditions are— 
(a)  that the text appears parallel to, and not more tha n 38 millimetres from, the end of the 
cigarette that is not designed to be lit, 
(b)  that the text does not contain any character which is not alphabetic, numeric or an 
ampersand, 
(c)  that the first letter of any word is in upper-case type or lower-case type, 
(d)  that the rest of any word is in lower-case type, 
(e)  that the text is printed in Helvetica type, 
(f)  that the colour of the text is black, 
(g)  that the text is in a normal, weighted, regular typ eface, and 
(h)  that the size of the text is no larger than 8 point . 
Further provisions about the packaging of cigarette s 
6.  No person may produce or supply any cigarettes in breach of any of the provisions of 
Schedule 2 (further provisions about the packaging of cigarettes). 
PART 3 
Provisions which apply to hand rolling tobacco only  
Permitted colour or shade of packaging of hand roll ing tobacco 
7. —(1) No person may produce or supply any hand rolli ng tobacco in breach of any of the 
provisions of this regulation or Schedule 3 (except ions to paragraphs (2) and (3)). 
(2)  The only colour or shade permitted on or for the ex ternal packaging of a unit packet or 
container packet of hand rolling tobacco is Pantone  448 C with a matt finish, but this is subject to 
paragraph (4), Schedule 3 and paragraph 3(1) of Sch edule 4. 
(3)  The only colour or shade permitted on or for the in ternal packaging of a unit packet or 
container packet of hand rolling tobacco is either—  
(a)  white, or 
(b)  Pantone 448 C with a matt finish, 
but this is subject to paragraph (4), Schedule 3 an d paragraph 3(2) of Schedule 4. 
(4)  Nothing in paragraph (2) or (3) prohibits any warni ng, statement, text, picture, image, 
symbol or marking which is required by any enactmen t (whenever passed or made) other than 
these Regulations; but see paragraph 3 of Schedule 3 which imposes conditions in relation to any 
text required in accordance with regulation 7(4)(a) (i) of the General Product Safety Regulations 
2005 (name and address of producer).  7Form of, and weight of tobacco in, unit packet of h and rolling tobacco 
8. —(1) No person may produce or supply any hand rolli ng tobacco in breach of any of the 
provisions of this regulation. 
(2)  A unit packet of hand rolling tobacco may take only  one of the following forms— 
(a)  it may be cuboid in shape, although any such cuboid  may have bevelled or rounded 
edges, 
(b)  it may be cylindrical in shape, or 
(c)  it may take the form of a pouch. 
(3)  The sides of a unit packet of hand rolling tobacco which 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 
millimetres. 
(4)  A unit packet of hand rolling tobacco must contain at least 30 grams of tobacco. 
Further provisions about the packaging of hand roll ing tobacco 
9.  No person may produce or supply any hand rolling t obacco in breach of any of the provisions 
of Schedule 4 (further provisions about the packagi ng of hand rolling tobacco). 
PART 4 
Provisions which apply to all tobacco products or t o both cigarettes and hand rolling 
tobacco 
Product presentation 
10. —(1) No person may produce or supply a tobacco prod uct in breach of any of the provisions 
of this regulation. 
(2)  The labelling of— 
(a)  the packaging in which a tobacco product is, or is intended to be, presented for retail sale, 
or 
(b)  the product itself, 
may not contain any element or feature falling with in paragraph (3). 
(3)  An element or feature falls within this paragraph i f it— 
(a)  promotes a tobacco product or encourages its consum ption by creating an erroneous 
impression about its characteristics, health effect s, 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 component s of smoke, 
(iii)  has vitalising, energizing, 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 a cosmetic product, or 
(f)  suggests that a particular tobacco product has impr oved biodegradability or other 
environmental advantages.  8(4)  The packaging in which a tobacco product is, or is intended to be, presented for retail sale 
may not contain any element or feature which sugges ts economic advantage by including printed 
vouchers or offering discounts, free distribution, two-for-one or other similar offers. 
(5)  The elements and features referred to in paragraphs  (2) to (4) include (but are not limited to) 
texts, symbols, names, trade marks, figurative sign s and other types of sign. 
(6)  Nothing in this regulation affects or is affected b y any other provision of these Regulations. 
Packaging of cigarettes or hand rolling tobacco not  to produce noise or scent 
11. —(1) No person may produce or supply any cigarettes  or hand rolling tobacco if any part of 
the packaging in which the product is, or is intend ed to be, presented for retail sale— 
(a)  makes a noise, or 
(b)  contains or produces a smell, 
that is not normally associated with the packaging of cigarettes or, as the case may be, hand rolling 
tobacco. 
(2)  Paragraph (1) does not prohibit any smell in the pa ckaging of cigarettes or hand rolling 
tobacco which results from any manufacturing proces s which is designed to give the cigarettes or 
hand rolling tobacco a characterising flavour that is not prohibited. 
Packaging of cigarettes or hand rolling tobacco not  to change after retail sale 
12. —(1) No person may produce or supply any cigarettes  or hand rolling tobacco if the 
packaging in which the product is, or is intended t o be, presented for retail sale includes any 
features which are designed to change the packaging  after retail sale. 
(2)  Such features include (but are not limited to)— 
(a)  heat activated inks, 
(b)  inks or embellishments designed to appear gradually  over time, 
(c)  inks that appear fluorescent in certain light, 
(d)  panels designed to be scratched or rubbed to reveal  an image or text, 
(e)  removable tabs, and 
(f)  fold-out or slide-out panels. 
PART 5 
Miscellaneous provisions 
 
Trade marks and registered designs 
Regulations not to affect registration of trade mar ks etc 
13. —(1) For the avoidance of doubt, nothing in, or don e in accordance with, these 
Regulations— 
(a)  forms an obstacle to the registration of a trade ma rk under the Trade Marks Act 1994( a), 
or 
(b)  gives rise to a ground for the declaration of inval idity of a registered trade mark under 
section 47(1) of that Act (grounds for invalidity o f registration). 
(2)  Without limiting paragraph (1), nothing in, or done  in accordance with, these Regulations— 
                                                                                                                                            
(a) 1994 c. 26.  9(a)  causes any trade mark to be contrary to public poli cy or to accepted principles of morality 
for the purposes of section 3(3)(a) of that Act (ab solute grounds for refusal of 
registration), 
(b)  amounts to an enactment or rule of law which prohib its the use of a trade mark for the 
purposes of section 3(4) of that Act( a), 
(c)  amounts to a rule of law by which the use in the Un ited Kingdom of any trade mark is 
liable to be prevented for the purposes of section 5(4) of that Act (relative grounds for 
refusal of registration), 
(d)  causes an application for the registration of a tra de mark under that Act to be one which is 
made in bad faith, or 
(e)  prevents an applicant for the registration of a tra de mark under that Act from having such 
a bona fide  intention as is mentioned in section 32(3) of that  Act (application for 
registration of trade mark). 
(3)  Paragraph (4) applies for the purposes of section 6 (3) of the Trade Marks Act 1994 (meaning 
of “earlier trade mark”) if the trade mark there me ntioned is a registered trade mark and its use is 
affected by these Regulations. 
(4)  A bona fide use of the trade mark is to be regarded as having t aken place during the two 
years there mentioned if there would have been such  use of the trade mark during that period were 
these Regulations not in force. 
(5)  Paragraph (6) applies for the purposes of— 
(a)  section 6A(3) of the Trade Marks Act 1994 (raising of relative grounds in opposition 
proceedings in case of non-use)( b), or 
(b)  section 47(2B) of that Act (grounds for invalidity of registration)( c), 
if the earlier trade mark there mentioned is a regi stered trade mark and its use is affected by these 
Regulations. 
(6)  If any provision of these Regulations causes any no n-use of the trade mark within the period 
of five years there mentioned, such provision is to  be regarded as a proper reason for that non-use, 
provided that the trade mark would have been put to  such genuine use as is there mentioned were 
these Regulations not in force. 
(7)  Paragraph (8) applies for the purposes of section 4 6(1)(a) or (b) of the Trade Marks Act 1994 
(revocation of registration) if the use of the regi stered trade mark there mentioned is affected by 
these Regulations. 
(8)  If any provision of these Regulations causes any no n-use of the registered trade mark within 
the period of five years there mentioned, such prov ision is to be regarded as a proper reason for 
that non-use, provided that the registered trade ma rk would have been put to such genuine use as 
is there mentioned were these Regulations not in fo rce. 
(9)  To the extent that any provision of the Trade Marks  Act 1994 mentioned in this regulation (a 
“relevant provision”) applies to international trad e marks (UK) (whether by virtue of that Act, the 
Trade Marks (International Registration) Order 2008 ( d) or otherwise, and whether with or without 
modifications), then provision made by this regulat ion in relation to that relevant provision shall 
also apply (with any necessary modifications) to in ternational trade marks (UK). 
Regulations not to affect registration of designs e tc 
14. —(1) For the avoidance of doubt, nothing in, or don e in accordance with, these Regulations 
has the effect that a design may or must be refused  registration or declared invalid under the 
Registered Designs Act 1949( e). 
                                                                                                                                            
(a) Section 3(4) was amended by S.I. 2011/1043. 
(b) Section 6A was inserted by S.I. 2004/946. 
(c) Section 47(2B) was inserted by S.I. 2004/946. 
(d) S. I. 2008/2206. 
(e) 1949 c. 88.  10 (2)  Without limiting paragraph (1), nothing in, or done  in accordance with, these Regulations 
causes any design to be contrary to public policy o r to accepted principles of morality for the 
purposes of section 1D of that Act (designs contrar y to public policy or morality)( a). 
(3)  Paragraph (4) applies for the purposes of section 1 1ZA(1A)(a) of that Act (grounds for 
invalidity of registration)( b) if the design to which the later design there men tioned is compared is 
one whose use is affected by these Regulations. 
(4)  The design is to be regarded as having been made av ailable to the public on or after the 
relevant date there mentioned if it would have been  so made available on or after that date were 
these Regulations not in force. 
(5)  For the avoidance of doubt, nothing in, or done in accordance with, these Regulations 
amounts to, or permits, any Crown use of a register ed design. 
(6)  In this regulation— 
“Crown use” has the same meaning as in paragraph 2A  of Schedule 1 to the Registered 
Designs Act 1949 (compensation for loss of profit)( c); 
“design” and “registered design” have the same mean ing as in that Act. 
 
Offences and enforcement 
Offences 
15. —(1) A person who produces or supplies a tobacco pr oduct in breach of any provision of 
these Regulations is guilty of an offence. 
(2)  A person guilty of an offence under this regulation — 
(a)  is liable on summary conviction to imprisonment for  a term not exceeding three months, 
or a fine, or both, or 
(b)  on conviction on indictment to imprisonment for a t erm not exceeding 2 years, or a fine, 
or both. 
Offences by bodies corporate and Scottish partnersh ips 
16. —(1) If an offence under these Regulations committe d by a body corporate is proved— 
(a)  to have been committed with the consent or connivan ce of an officer, or 
(b)  to be attributable to any neglect on the officer’s part, 
the officer as well as the body corporate is guilty  of the offence and liable to be proceeded against 
and punished accordingly. 
(2)  In paragraph (1) “officer”, in relation to a body c orporate, means a director, manager, 
secretary or other similar officer of the body, or a person purporting to act in any such capacity. 
(3)  If the affairs of a body corporate are managed by i ts members, paragraph (1) applies in 
relation to the acts and defaults of a member in co nnection with the member’s functions of 
management as if that person were a director of the  body corporate. 
(4)  If an offence under these Regulations committed by a partnership in Scotland is proved— 
(a)  to have been committed with the consent or connivan ce of a partner, or 
(b)  to be attributable to any neglect on the partner’s part, 
the partner as well as the partnership is guilty of  the offence and liable to be proceeded against and  
punished accordingly. 
                                                                                                                                            
(a) Section 1D was inserted by S.I. 2001/3949. 
(b) Section 11ZA was inserted by S.I. 2001/3949 and a mended by S.I. 2006/1974 and S.I. 2007/3378. 
(c) Paragraph 2A of Schedule 1 was inserted by sectio n 271(1) of the Copyright, Designs and Patents Act 1988 (c. 48) and 
amended by S.I. 2001/3949.  11 (5)  In paragraph (4) “partner” includes a person purpor ting to act as a partner 
Defence 
17.  In any proceedings for an offence under these Regu lations against a person who supplies any 
tobacco product in breach of any provision of these  Regulations, it is a defence that the person 
neither knew nor had reasonable grounds for suspect ing that the tobacco product was supplied in 
breach of that provision. 
Enforcement 
18. —(1) For the purpose of enforcement, the provisions  of the Consumer Protection Act 
1987( a) (apart from sections 12 and 13) are to apply to t hese Regulations as if these Regulations 
were safety regulations within the meaning of that Act. 
(2)  The reference to six months in section 14(6) of the  Consumer Protection Act 1987 
(imprisonment on summary conviction not to exceed s ix months), as that section has effect by 
virtue of paragraph (1), is to be read as a referen ce to three months. 
(3)  The appropriate minister may direct, in relation to  cases of a particular description or a 
particular case,  that any duty imposed on— 
(a)  a local weights and measures authority in Great Bri tain, or 
(b)  a district council in Northern Ireland, 
under section 27 of the Consumer Protection Act 198 7( b) (as that section has effect by virtue of 
paragraph (1)) is to be discharged instead by the a ppropriate minister. 
 
Consequential amendments 
Consequential amendments 
19. —(1) In section 3(1) of the Children and Young Pers ons (Protection from Tobacco) Act 1991 
(sale of unpackaged cigarettes)( c), omit “pre-packed quantities of 10 or more cigare ttes in”. 
(2)  In article 4(1) of the Children and Young Persons ( Protection from Tobacco) (Northern 
Ireland) Order 1991 (sale of unpackaged cigarettes) ( d), omit “pre-packed quantities of 10 or more 
cigarettes in”. 
(3)  Regulation 4 of the Tobacco Products (Manufacture, Presentation and Sale) (Safety) 
Regulations 2002 (statements of yields on packets o f cigarettes) is revoked( e). 
 
Transitional provision 
Transitional provision 
20. —(1) These Regulations do not apply to the supply b efore 21st May 2017 of a tobacco 
product produced before 20th May 2016 if the produc t complies with the Tobacco Products 
(Manufacture, Presentation and Sale) (Safety) Regul ations 2002 at the date of supply. 
(2)  For the purposes of paragraph (1), those Regulation s are to continue to apply 
notwithstanding the revocation of any those Regulat ions by any enactment (whenever passed or 
made), including regulation 19(3) of these Regulati ons. 
 
                                                                                                                                            
(a) 1987 c. 43. 
(b) Section 27 was amended by S.I. 2008/1277. 
(c) 1991 c. 23. 
(d) S.I. 1991/ 2872 (N.I. 25). 
(e) S.I. 2002/3041.  12 Review 
Review 
21. —(1) The Secretary of State must from time to time—  
(a)  carry out a review of these Regulations, in consult ation with the appropriate ministers in 
Wales, Scotland and Northern Ireland,  
(b)  set out the conclusions of the review in a report, and 
(c)  publish the report. 
(2)  In carrying out the review, the Secretary of State must, so far as is reasonable, have regard to 
how Articles 13 and 14 of Directive 2014/40/EU of t he European Parliament and of the Council of 
3rd April 2014 on the approximation of the laws, re gulations and administrative provisions of the 
Member States concerning the manufacture, presentat ion and sale of tobacco and related products 
and repealing Directive 2001/37/EC( a) (which are implemented by means of regulations 4,  8 and 
10 of these Regulations) is implemented in other me mber States. 
(3)  The report must in particular— 
(a)  set out the objectives intended to be achieved by t he regulatory system established by 
these Regulations, 
(b)  assess the extent to which those objectives are ach ieved, and 
(c)  assess whether those objectives remain appropriate and, if so, the extent to which they 
could be achieved with a system that imposes less r egulation. 
(4)  The first report under this regulation must be publ ished before the end of the period of five 
years beginning with the day on which these Regulat ions come into force. 
(5)  Reports under this regulation are afterwards to be published at intervals not exceeding five 
years. 
 
 
Signatory text 
 
 Name  
Address Parliamentary Under Secretary of State 
Date Department 
 
 
SCHEDULES 
 SCHEDULE 1 Regulation 3 
Exceptions to regulation 3(2) and (3) (colour and s hade of packaging of 
cigarettes) 
Text which states brand name and variant name 
1. —(1) The external packaging of a unit packet or con tainer packet of cigarettes may have text 
printed on it which states the brand name and varia nt name of the cigarettes but only if each of the 
following conditions is met. 
(2)  Those conditions are— 
                                                                                                                                            
(a) O.J. L 127 29.4.2014 page 1  13 (a)  that the text does not contain any character which is not alphabetic, numeric or an 
ampersand, 
(b)  that the first letter of any word is in upper-case type or lower-case type, 
(c)  that the rest of any word is in lower-case type, 
(d)  that the text is printed in Helvetica type, 
(e)  that the colour of the text is Pantone Cool Gray 2 C with a matt finish, 
(f)  that the text is in a normal, weighted, regular typ eface, 
(g)  that the brand name does not take up more than one line, 
(h)  that the variant name does not take up more than on e line, 
(i)  that the variant name appears immediately below the  brand name and has the same 
orientation as it, 
(j)  that the size of the brand name  is no larger than 14 point, 
(k)  that the size of the variant name is no larger than  10 point, 
(l)  that the brand name and variant name may appear onl y, and not more than once, on each 
of the following surfaces— 
(i)  the front surface of the unit packet or container p acket, 
(ii)  one of the smallest surfaces of the packet, and 
(iii)  the other smallest surface of the packet, 
(m)  that the brand name and variant name are located at  the centre of any such surface or, 
where such a surface contains a health warning, at the centre of the area of the surface not 
taken up by the health warning, and 
(n)  that the text on any surface which contains a healt h warning is orientated in accordance 
with the warning. 
Text which states the number of cigarettes. 
2. —(1) The external packaging of a unit packet or con tainer packet of cigarettes may have text 
printed on it— 
(a)  which states the number of cigarettes contained in the packet, and 
(b)  which may be followed by the word “Cigarettes”, 
but only if each of the following conditions is met . 
(2)  Those conditions are— 
(a)  that the number is expressed in numeric characters,  
(b)  in the case of a container packet of an aggregation  of unit packets, that the number so 
expressed is either— 
(i)  the total number of cigarettes in the container pac ket, or 
(ii)  the number of unit packets in the container packet multiplied by the number of 
cigarettes in each unit packet, with the multiplica tion symbol being expressed as an 
“x”, 
(c)  that the first letter of the word “Cigarettes” is i n upper-case type or lower-case type, 
(d)  that the rest of that word is in lower-case type, 
(e)  that the text is printed in Helvetica type, 
(f)  that the colour of the text is Pantone Cool Gray 2 C with a matt finish, 
(g)  that the text is in a normal, weighted, regular typ eface, 
(h)  in the case of a unit packet, that the size of the text is no larger than 10 point, 
(i)  in the case of a container packet, that the size of  the text is no larger than 14 point, 
(j)  that the text appears only once, and  14 (k)  that the text on any surface which contains a healt h warning is orientated in accordance 
with the warning. 
Text which gives details about producer 
3. —(1) A unit packet or container packet of cigarette s may have text printed on its external or 
internal packaging (but not on both its external an d internal packaging) which 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, and 
(e)  the telephone number of the producer, 
but only if each of the following conditions is met . 
(2)  Those conditions are— 
(a)  that the text does not contain any character which is not alphabetic, numeric or an 
ampersand or, in the case of  an email address, an @ sign, 
(b)  that the first letter of any word is in upper-case type or lower-case type, 
(c)  that the rest of any word is in lower-case type, 
(d)  that the text is printed in Helvetica type, 
(e)  that the colour of the text— 
(i)  if it appears on the external packaging, is Pantone  Cool Gray 2 C with a matt finish, 
or 
(ii)  if it appears on the internal packaging, is one of the following, namely Pantone Cool 
Gray 2 C with a matt finish, Pantone 448 C with a m att finish or black with a matt 
finish, 
(f)  that the text is in a normal, weighted, regular typ eface, 
(g)  that the size of the text is no larger than 10 poin t, 
(h)  that the text appears only once, and 
(i)  that the text does not appear on the front surface of the unit packet or container packet. 
Barcode 
4. —(1) The external packaging of a unit packet or con tainer packet of cigarettes may contain a 
barcode but only if each of the following condition s is met. 
(2)  Those conditions are— 
(a)  that the sole purpose of the barcode is to facilita te the sale, distribution and stock control 
of the tobacco product, 
(b)  that the colour of the barcode is either— 
(i)  black and white, or 
(ii)  Pantone 448 C and white, 
(c)  that the barcode does not form a picture, pattern, image or symbol that is recognisable as 
anything other than a barcode,  
(d)  that the barcode appears only once, and 
(e)  that the barcode does not appear on the front surfa ce of the unit packet or container 
packet.  15 Calibration mark 
5. —(1) The external packaging of a unit packet or con tainer packet of cigarettes may contain a 
calibration mark but only if both of the following conditions are met. 
(2)  Those conditions are— 
(a)  that the calibration mark appears only so far as it  is necessary for the automated 
manufacture of the packaging of the cigarettes, and  
(b)  that 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 provisions about the packaging of cigarette s 
Surfaces 
1. —(1) Any surface of the external or internal packag ing of a unit packet or container packet of 
cigarettes— 
(a)  must be smooth and flat,  and 
(b)  must contain no ridges, embossing or other irregula rities of shape or texture. 
(2)  Sub-paragraph (1) is subject to— 
(a)  paragraph 3(2), and 
(b)  any provision to the contrary made by any enactment  (whenever passed or made) other 
than these Regulations. 
Inserts etc 
2. —(1) No insert or additional material may be attach ed to or included with the packaging of a 
unit packet or container packet of cigarettes. 
(2)  Sub-paragraph (1) does not prohibit a barcode in re lation to which each of the conditions in 
paragraph 4(2) of Schedule 1 is met from taking the  form of an adhesive label. 
Lining 
3. —(1) If a unit packet of cigarettes contains a lini ng as part of its internal packaging— 
(a)  the lining must be a silver coloured foil with a wh ite paper backing, and 
(b)  there must be no variation in the tone or shade of the foil. 
(2)  Paragraph 1 does not prohibit such a lining from be ing 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 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 tha t is recognisable as anything other 
than a lining.  16 Wrappers 
4. —(1) Each of the following, namely— 
(a)  a unit packet of cigarettes, 
(b)  an aggregation of such unit packets which is not co ntained in a container packet, and 
(c)  a container packet of cigarettes, 
may be enclosed by a wrapper but only if each of th e following conditions is met. 
(2)  Those conditions are— 
(a)  that the wrapper is clear and transparent, 
(b)  that the wrapper is not coloured or marked, 
(c)  that any surface of the wrapper— 
(i)  is smooth and flat, and 
(ii)  does not contain any ridge, embossing or other irre gularity of shape or texture that is 
not a necessary result of the manufacturing process , and 
(d)  that there is nothing attached to the wrapper, 
but this is subject to the following provisions. 
(3)  A wrapper which encloses an aggregation of unit pac kets within sub-paragraph (1)(b) may 
have solid, black rectangles or squares but only so  far as they are necessary, and of the minimum 
size necessary, to cover any barcode on the unit pa ckets enclosed within the wrapper. 
(4)  A wrapper may have a tear tape if each of the condi tions in sub-paragraph (5) is met. 
(5)  Those conditions are— 
(a)  that the tear tape is either— 
(i)  clear and transparent and not coloured or marked, o r 
(ii)  black in colour, 
(b)  that the tear tape forms a continuous straight line  which is of a constant width not 
exceeding 3 millimetres, and  
(c)  that the tear tape is parallel to any straight edge  of the packet enclosed by the wrapper. 
(6)  Sub-paragraph (5)(a)(i) does not prohibit the tear tape from including a single, solid black 
line which— 
(a)  is not more than 15 millimetres long, and 
(b)  indicates where the tear strip begins. 
(7)  A wrapper may have a barcode (and that barcode may take the form of an adhesive label) but 
only if each of the following conditions is met. 
(8)  Those conditions are— 
(a)  that the sole purpose of the barcode is to facilita te the sale, distribution and stock control 
of the tobacco product, 
(b)  that the colour of the barcode is either— 
(i)  black and white, or 
(ii)  Pantone 448 C and white, 
(c)  that the barcode does not form a picture, pattern, image or symbol that is recognisable as 
anything other than a barcode,  
(d)  that the barcode appears only once, and 
(e)  that the barcode does not appear on that part of th e wrapper which covers the front of the 
unit packet, aggregation of unit packets or contain er packet.  17  SCHEDULE 3 Regulation 7 
Exceptions to regulation 7(2) and (3) (colour and s hade of packaging of 
hand rolling tobacco) 
Text which states brand name and variant name 
1. —(1) The external packaging of a unit packet or con tainer packet of hand rolling tobacco may 
have text printed on it which states the brand name  and variant name of that product but only if 
each of the following conditions is met. 
(2)  Those conditions are— 
(a)  that the text does not contain any character which is not alphabetic, numeric or an 
ampersand, 
(b)  that the first letter of any word is in upper-case type or lower-case type, 
(c)  that the rest of any word is in lower-case type, 
(d)  that the text is printed in Helvetica type, 
(e)  that the colour of the text is Pantone Cool Gray 2 C with a matt finish, 
(f)  that the text is in a normal, weighted, regular typ eface, 
(g)  that the brand name does not take up more than one line, 
(h)  that the variant name does not take up more than on e line, 
(i)  that the variant name appears immediately below the  brand name and has the same 
orientation as it, 
(j)  that the size of the brand name is no larger than 1 4 point, 
(k)  that the size of the variant name is no larger than  10 point, 
(l)  in the case of a unit packet which is cuboid in sha pe or a container packet which is not 
cylindrical in shape, that the brand name and varia nt name may 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, 
(m)  in the case of a unit packet or container packet wh ich is cylindrical in shape, that the 
brand name and variant name may appear only, and no t 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, 
(n)  in the case of a unit packet which takes the form o f a pouch, that the brand name and 
variant name may appear only, and not more than onc e, 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, 
(o)  that the brand name and variant name are located at  the centre of any such surface or, 
where such a surface contains a health warning, at the centre of the area of the surface not 
taken up by the health warning, and 
(p)  that the text on any surface which contains a healt h warning is orientated in accordance 
with the warning.  18 Text which states the weight of tobacco 
2. —(1) The external packaging of a unit packet or con tainer packet of hand rolling tobacco may 
have text printed on it— 
(a)  which states the weight of tobacco in grams contain ed in the packet, and 
(b)  which may be followed by the word “Rolling Tobacco”  or “Hand Rolling Tobacco”, 
but only if each of the following conditions is met . 
(2)  Those conditions are— 
(a)  that the weight of tobacco is expressed in numeric characters followed by the letter “g”,  
(b)  in the case of a container packet of an aggregation  of unit packets, that the weight so 
expressed is either— 
(i)  the total weight of  tobacco in the container packe t, or 
(ii)  the number of unit packets in the container packet multiplied by the weight of 
tobacco in each unit packet, with the multiplicatio n symbol being expressed as an 
“x”, 
(c)  that the first letter of any word is in upper-case type or lower-case type, 
(d)  that the rest of any word  is in lower-case type, 
(e)  that the text is printed in Helvetica type, 
(f)  that the colour of the text is Pantone Cool Gray 2 C with a matt finish, 
(g)  that the text is in a normal, weighted, regular typ eface, 
(h)  in the case of a unit packet, that the size of the text is no larger than 10 point, 
(i)  in the case of a container packet, that the size of  the text is no larger than 14 point, 
(j)  that the text appears only once, and 
(k)  that the text on any surface which contains a healt h warning is orientated in accordance 
with the warning. 
Text which gives details about producer 
3. —(1) A unit packet or container packet of hand roll ing tobacco may have text printed on its 
external or internal packaging (but not on both its  external and internal packaging) which 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, and 
(e)  the telephone number of the producer, 
but only if each of the following conditions is met . 
(2)  Those conditions are— 
(a)  that the text does not contain any character which is not alphabetic, numeric or an 
ampersand or, in the case of an email address, an @ sign, 
(b)  that the first letter of any word is in upper-case type or lower-case type, 
(c)  that the rest of any word is in lower-case type, 
(d)  that the text is printed in Helvetica type, 
(e)  that the colour of the text— 
(i)  if it appears on the external packaging, is Pantone  Cool Gray 2 C with a matt finish, 
or  19 (ii)  if it appears on the internal packaging, is one of the following, namely Pantone Cool 
Gray 2 C with a matt finish, Pantone 448 C with a m att finish or black with a matt 
finish, 
(f)  that the text is in a normal, weighted, regular typ eface, 
(g)  that the size of the text is no larger than 10 poin t, 
(h)  that the text appears only once, and 
(i)  that the text does not appear on the front surface of the unit packet or container packet. 
Text about cigarette papers and filters 
4. —(1) If, in accordance with paragraph 2(2) of Sched ule 4, a unit packet of hand rolling 
tobacco includes both cigarette papers and filters or either cigarette papers or filters, 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 app licable— 
(a)  “includes cigarette papers and filters”, 
(b)  “includes cigarette papers”, or  
(c)  “includes filters”, 
but only if each of the conditions in sub-paragraph  (3) is met.  
(2)  If, in accordance with paragraph 2(2) of Schedule 4 , a container packet of hand rolling 
tobacco includes both cigarette papers and filters or either cigarette papers or filters, 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”, 
but only if each of the conditions in sub-paragraph  (3) is met. 
(3)  Those conditions are— 
(a)  that the text is in lower-case type, 
(b)  that the text is printed in Helvetica type, 
(c)  that the colour of the text is Pantone Cool Gray 2 C with a matt finish, 
(d)  that the text is in a normal, weighted, regular typ eface, 
(e)  that the text appears below any variant name (or, i f there is no variant name, below any 
brand name), 
(f)  that the size of the text is no larger than 10 poin t, and 
(g)  that the text appears only once. 
Barcode 
5. —(1) The external packaging of a unit packet or con tainer packet of hand rolling tobacco may 
contain a barcode but only if each of the following  conditions is met. 
(2)  Those conditions are— 
(a)  that the sole purpose of the barcode is to facilita te the sale, distribution and stock control 
of the tobacco product, 
(b)  that the colour of the barcode is either— 
(i)  black and white, or 
(ii)  Pantone 448 C and white, 
(c)  that the barcode does not form a picture, pattern, image or symbol that is recognisable as 
anything other than a barcode,   20 (d)  that the barcode appears only once, and 
(e)  that the barcode does not appear on the front surfa ce of the unit packet or container 
packet. 
Calibration mark 
6. —(1) The external packaging of a unit packet or con tainer packet of hand rolling tobacco may 
contain a calibration mark but only if both of the following conditions are met. 
(2)  Those conditions are— 
(a)  that the calibration mark appears only so far as it  is necessary for the automated 
manufacture of the packaging of the hand rolling to bacco, and 
(b)  that 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 4 Regulation 9 
Further provisions about the packaging of hand roll ing tobacco 
Surfaces 
1. —(1) Any surface of the external or internal packag ing of a unit packet or container packet of 
hand rolling tobacco— 
(a)  must be smooth and, in the case of a unit packet or  container packet which is cuboid in 
shape, flat, and 
(b)  must contain no ridges, embossing or other irregula rities of shape or texture. 
(2)  Sub-paragraph (1) does not prohibit the inclusion— 
(a)  in the case of a unit packet of hand rolling tobacc o in the form of a pouch, of any feature 
which 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 which is 
cylindrical in shape, of any feature which is neces sary to affix the bottom of the cylinder 
or to enable the lid of the cylinder to be opened a nd closed.  
(3)  Sub-paragraph (1) is subject to— 
(a)  paragraph 3(3), and 
(b)  any provision to the contrary made by any enactment  (whenever passed or made) other 
than these Regulations. 
Inserts etc 
2. —(1) No insert or additional material may be attach ed to or included with the packaging of a 
unit packet or container packet of hand rolling tob acco. 
(2)  Sub-paragraph (1) does not prohibit the inclusion i n a unit packet or container packet of hand 
rolling tobacco of— 
(a)  cigarette papers, or 
(b)  filters, 
provided they are not visible before the packet is opened. 
(3)  Sub-paragraph (1) does not prohibit a barcode in re lation to which each of the conditions in 
paragraph 5(2) of Schedule 3 is met from taking the  form of an adhesive label.  21 Tab and seal 
3. —(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 which is c ylindrical in shape contains a foil seal as 
part of its internal packaging, the foil seal must be silver coloured with no variation in tone or 
shade. 
(3)  Paragraph 1 does not prohibit such a foil seal from  being 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 tha t is recognisable as anything other than 
a foil seal. 
Wrappers 
4. —(1) Each of the following, namely— 
(a)  a unit packet of hand rolling tobacco, 
(b)  an aggregation of such unit packets which is not co ntained in a container packet, and 
(c)  a container packet of such tobacco, 
may be enclosed by a wrapper but only if each of th e following conditions is met. 
(2)  Those conditions are— 
(a)  that the wrapper is clear and transparent, 
(b)  that the wrapper is not coloured or marked, 
(c)  that any surface of the wrapper— 
(i)  is smooth and, in the case of a unit packet or cont ainer packet which is cuboid in 
shape, flat, and 
(ii)  does not contain any ridge, embossing or other irre gularity of shape or texture that is 
not a necessary result of the packaging process, an d 
(d)  that there is nothing attached to the wrapper, 
but this is subject to the following provisions. 
(3)  A wrapper which encloses an aggregation of unit pac kets within sub-paragraph (1)(b) may 
have solid, black rectangles or squares but only so  far as they are necessary, and of a minimum 
size necessary, to cover any barcode on the unit pa ckets enclosed within the wrapper.  
(4)  A wrapper may have a tear tape if each of the condi tions in sub-paragraph (5) is met. 
(5)  Those conditions are— 
(a)  that the tear tape is either— 
(i)  clear and transparent and not coloured or marked, o r 
(ii)  black in colour, 
(b)  that the tear tape forms a continuous straight line  which is of a constant width not 
exceeding 3 millimetres, and  
(c)  that the tear tape is parallel to any straight edge  of the packet enclosed by the wrapper. 
(6)  Sub-paragraph (5)(a)(i) does not prohibit the tear tape from including a single, solid black 
line which— 
(a)  is not more than 15 millimetres long, and 
(b)  indicates where the tear strip begins. 
(7)  A wrapper may have a barcode (and that barcode may take the form of an adhesive label) but 
only if each of the following conditions is met.  22 (8)  Those conditions are— 
(a)  that the sole purpose of the barcode is to facilita te the sale, distribution and stock control 
of the tobacco product, 
(b)  that the colour of the barcode is either— 
(i)  black and white, or 
(ii)  Pantone 448 C and white, 
(c)  that the barcode does not form a picture, pattern, image or symbol that is recognisable as 
anything other than a barcode,  
(d)  that the barcode appears only once, and 
(e)  that the barcode does not appear on that part of th e wrapper which covers the front of the 
unit packet, aggregation of unit packets or contain er packet. 
 
 
EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations make provision for the retail pac kaging of cigarettes and hand rolling tobacco 
to be standardised.  
These Regulations implement Articles 13 and 14, and  one element of Article 9.3, of Directive 
2014/40/EU of the European Parliament and of the Co uncil of 3rd April 2014 on the 
approximation of the laws, regulations and administ rative provisions of the Member States 
concerning the manufacture, presentation and sale o f tobacco and related products (OJ No. L 127 
29.4.2014, p1).  
Regulations 3 and 7 prescribe the sole colours that  are permitted to be used on the external and 
internal surfaces of the retail packaging of cigare ttes and hand rolling tobacco respectively.  These 
two regulations do not prohibit anything that is re quired by any other enactment, which includes, 
but is not limited to, mandatory health warnings, s ecurity features and fiscal marks. These 
regulations are subject to the text permitted under  Schedules 1 and 3 respectively.  
Regulation 4 sets out requirements for individual p ackets of cigarettes. It stipulates the material 
that such packets must be made from, the shape that  the packet must be, what openings are 
permitted and the minimum amount of cigarettes perm itted in each individual packet. Regulation 8 
sets out requirements for individual packets of han d rolling tobacco. It stipulates the shapes or 
type of packet that are permitted and the minimum w eight of tobacco allowed in each packet.  
These two regulations implement Article 14, and one  element of Article 9.3, of Directive 
2014/40/EU. 
Regulation 5 sets out requirements for the appearan ce of individual cigarettes, including the 
permitted colours and text, and the requirements fo r that text.  
Regulation 10 prohibits elements or features of the  labelling on the packaging or the actual 
products, if the element or feature has one of the effects set out in paragraph (3). Paragraph (4) 
prohibits retail packaging that suggests economic a dvantage. This regulation applies to all tobacco 
products. This regulation, together with regulation  19(3), implements Article 13 of Directive 
2014/40/EU.  
Regulation 11 prohibits packaging for cigarettes an d hand rolling tobacco that produces a noise or 
smell that is not normally associated with that pac kaging. This does not prohibit any smell 
resulting from additives designed to give the cigar ettes or hand rolling tobacco themselves a smell 
or flavour, where those additives are otherwise per mitted.   
Regulation 12 prohibits features of the packaging o f cigarettes or hand rolling tobacco that are 
designed to change after the product has been sold to the consumer.  
Regulation 13 makes provisions concerning the regis tration, under the Trade Marks Act 1994, of 
trade marks the use of which is affected by these R egulations.    23 Regulation 14 makes provisions concerning the regis tration, under the Registered Design Act 
1949, of designs the use of which is affected by th ese Regulations.  
Regulations 15 to 18 make provision for offences an d enforcement.  
Regulation 19(1) and(2) amend section 3(1) of the C hildren and Young Persons (Protection from 
Tobacco) Act 1991 and article 4(1) of the Children and Young Persons (Protection from Tobacco) 
(Northern Ireland) Order 1991, to remove the requir ement that cigarette packets must have a 
minimum of 10 cigarettes. Article 14 of Directive 2 014/40/EU provides that packets must have a 
minimum of 20 cigarettes.  
Regulation 19(3) revokes regulation 4 of the Tobacc o Products (Manufacture, Presentation and 
Sale) (Safety) Regulations 2002 which requires pack ets of cigarettes to carry a statement of the 
tar, nicotine and carbon monoxide yields of the cig arettes contained in it. Such statements are now 
prohibited by Article 13(1)(a) of Directive 2014/40 /EU. 
Schedule 1 sets out what text is permitted on the r etail packaging of cigarettes. Schedule 3 sets out 
what text is permitted on the retail packaging of h and rolling tobacco.  These schedules also set 
out the colour, typeface, size, location and orient ation of the permitted text, and make provision 
for the use of barcodes and calibration marks on th at packaging.  
Schedules 2 and 4 make further provisions about the  packaging of cigarettes and hand rolling 
tobacco in respect of the surfaces of the packaging , any lining inside packets of cigarettes, tabs or 
seals on packets of hand rolling tobacco and in res pect of any wrappers. The schedules prohibit 
inserts or additional materials that are not an int egral part of the packaging, required as part of th e 
packaging process or required to protect the produc t.  
A draft of these Regulations has been notified to t he European Commission as a technical 
standard, pursuant to Directive 98/34/EC of the Eur opean Parliament and of the Council (OJ No 
l204, 21.7.98, p 37) laying down a procedure for th e provision of information in the field of 
technical standards and regulations, as amended.  
An Impact Assessment has been prepared for these Re gulations and is published with the 
Explanatory Memorandum alongside the instrument on www.legislation.gov.uk. 
  
  
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