Draft Regulations laid befor e Parliament under section  135(6) of the Children and Families Act 
2014  and paragraph 2(2) of Schedule 2 to t he European 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  
 No.  
PUBLIC HEALTH  
The Standardised Packaging of Tobacco  Products Regulations  
Made  - - - - *** 
Coming into force  - - *** 
The Secretary of State  is a Minister designated f or the purposes of section 2(2) of the European 
Communities Act 1972( a) in relation to  measures relating to the sale, packaging, labelling and 
sampling of tobacco products (b). 
The Secretary of State  makes the following Regulations in exercise of the powers conf erred 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 and approved by resolution of each House of 
Parliament in a ccordance  with section 135(6)  of the Children and Families Act 2014  and 
paragraph 2(2) of Sc hedule 2 to the European Communities Act 1972 (d). 
PART 1 
Introduction  
Citation and commencement  
1.—(1) These Regulations may be cited as the Standardised Packaging of T obacco Products 
Regulations . 
(2) These Regulation s come into force …..  
Interpretation  
2.—(1) In these Regulations — 
“appropriate minister” — 
                                                                                                                                            
(a) 1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by 
the Schedule to the European Union (Amendment) Act 2008 (c. 7).  
(b) S.I. 1991/755.  
(c) 2014 c. 6.  
(d) Paragraph 2(2) of Schedule 2 to the European Communities Act 1972 was amended by section 27(2)(a) of the Legislative 
and Regulatory Reform Act 2008.   2 (a) in relation to England, means the Secretary of State,  
(b) in relation to Wales , means the Welsh Ministers , 
(c) in relation to Northern Ireland,  means the Department of Health, Social Services 
and Public Safety, and  
(d) in relation to Scotland , means the Scottish Ministers ; 
“brand  name ”, in relation to a particular  tobacco product, means the primary  name by 
whic h 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 a n 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;  
“cigarette ” means  a roll of tobacco consumed by  means of  a combustion process and 
further defined in Article 3(1) of Council Directive 2011/64/EU of 21st June 2011 on the 
structure and rates of excise duty applied to manufactured tobacco (a); 
“consumer” means an individual  who is acting for purposes whi ch are outside the  
individual ’s trade, business, craft or profession ; 
“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 retail outlet, the 
consumer is located in a Member State other than the Member State or the third country 
where that retail outlet is established; and for the purposes of this definition a retail outlet 
is deemed to be established in a Member State — 
(a) in the case of an indiv idual, if the individual ’s place of business is in that Member 
State, and  
(b) in any other case, if the retail outlet has its statutory seat, central administration 
or place of business, including a branch, agency or any other establishment, 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 (b); 
“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  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 , means 
every  surface of the pouch that is visible before  the pouch  is opened , togeth er with 
the hidden surface of the pouch  in a case where the pouch takes the form of a 
rectangular pock et with a flap that covers the opening , and 
(c) in relation to an outside packet of a tobacco product, means every  surface  of the 
packet that is visible  before the packaging is opened ; 
                                                                                                                                            
(a) O.J. L 176 5.7.2011 page 24.  
(b) 1978 c. 30. The definition of “Northern I reland legislation” in section 24(5) was amended by paragraph 3 of Schedule 13 to 
the Northern Ireland Act 1998 (c. 47).   3 and for the purposes of this definition “visible” includes visible thro ugh any wrapper 
permitted by paragraph 4  of Schedule 2 or 4  or any tab  which complies with paragraph 
3(1) of Schedule 4 ; 
“genuine use”, in relation to a trade mark, means genuine use in the United Kingdom by 
the proprietor or with the proprietor’s consent;  
“hand rolling tobacco” means tobacco which can be  used after retail sale for making 
cigarette s; 
“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 
which — 
(a) becomes visible when the flap  is opened, but  
(b) is not the underside surface of the flap or any surface of the inside of the pocket;  
“internal packaging” , in relation to a unit packet or outside packet of a tobacco product, 
means so m uch of that packet as does not comprise the external packaging of that packet;  
“outside packet ”, in relation to a tobacco product,  means any packaging — 
(a) which con tains a unit packet of that  product , or an aggregation of such unit 
packets , and 
(b) in whi ch that product is, or is intended t o be, presented for retail sale , 
but does not include any  wrapper ; 
“packaging” , in relation to a tobacco product,  has its ordinary meaning  and (without 
limiting that meaning)  includes  any material  that is — 
(a) an integra l 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 p acket of hand rolling tobacco  in the form of — 
(a) a rectangular pocket with a flap that covers the opening , or 
(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 consumed and consists, even partly, of 
tobacco, whether genetically modified or not ; 
“travel retail sector” means retail outlets in the United Kingdom at which tobacco 
produ cts may be purchased only by people travelling on journeys to destinations outside 
the United Kingdom;  
“unit packet”, in relation to a tobacco product, means the smallest individual packaging  
(whether contained in an outside packet or not) in which that pr oduct is, or is intended to 
be, present ed 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 products under the same brand  name;  
“wrapper”  means a  cellophane or plastic  wrapper — 
(a) which encloses — 
(i) a unit packet of a tobacco product,  
(ii) an ag gregation of such unit packets which is not contained in an outside 
packet , or 
(iii) an outside packet  of that product, and  
(b) in which that product is, or is intended t o be, presented for retail sale.   4 (2) Expressions used in these Regulations and in the Trade Marks Act 1994( a) have the same 
meaning as in that Act.  
(3) References in these Regulations to the front and back surfaces of a unit  packet  or outside 
packet  of a tob acco product are to the two larg est sur faces of the external packaging  of the packet , 
but— 
(a) in relation to a unit packet of hand rolling tobacco in the form of a pouch, the hidden 
surface is to be disregarded for the purpos es of this paragraph, and  
(b) this paragraph is subject to paragraph (4) . 
(4) References in these Regulations to the front and back surface s of a unit packet or outside 
packet of hand rolling tobacco which is c ylindrical in shape are to the two opposite halves of the 
curved surfa ce of the external packaging of the packet on the assumption that the curved surface is 
divided equally along a vertical plane . 
(5) For t he purposes of these Regulation s a person produces a tobacco product if, in the course 
of a business and wi th a view to the product being supplied for consumption in the United 
Kingdom 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 ma nufacturer 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 supplies a tobacco product i f, in the course of 
a business,  the person — 
(a) supplies the product — 
(i) with a view to the product being supplied for consumption in the United Kingdom or 
through the travel retail sector, or  
(ii) for consumption in the United Kingdom or through the travel retail sector , 
(b) offers or agrees to so supply it, or  
(c) exposes or possesses it for  such supply . 
(7) In the case of a cross -border distance sale of a tobacco 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 sale, in the United Kingdom.  
PART 2 
Provisions which apply  to cigarettes only  
Permitted colour or shade  of packaging of cigarettes  
3.—(1) No person may pro duce or supply any cigarettes in breach of any of the provisions of 
this regulation or Schedule 1 (exceptions to paragraphs (2) and (3)) . 
(2) The only colour or shade p ermitted on  or for the external packaging  of a unit packet or 
outside packet of cigarettes  is Pantone 448 C  with a matt finish , but this is subject to paragraph ( 4) 
and Schedule 1 . 
(3) The o nly colour or shade permitted on or for the internal packaging of a unit packet or 
outside packet  of cigarettes, is either — 
(a) white, or  
                                                                                                                                            
(a) 1994 c. 26.   5 (b) Pantone 448 C  with a matt finish , 
but this is subject to paragraph (4), Schedule 1  and paragraph 3(1) of Schedule 2 . 
(4) Nothing in paragraph (2) or (3) prohibits any warning, statement , text, picture, image, 
symbol or marking  which is required by any enactment (whenever passed or made) ot her 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 packet  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 cigarett es must be made of carton or soft ma terial.  
(3) A unit packet of cigaret tes must be cuboid in shape, although  any such cub oid 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 onl y at the ba ck of the packet.  
(6)  A shoulder box hin ged lid may be hinged only along one of the two smallest sides  of the 
packet.  
(7) A unit packet of cigarettes must contain a minimum of 20 cigarettes.  
Appearance of cigarettes  
5.—(1) No person m ay produ ce or supply any cigarette s in breach of  any of  the following 
provisions.  
(2) The only colour or shade permitted on or for the paper, 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  cigarette 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 identi fy the brand  name and variant  name  of the 
cigarette  but only if each of the following conditions is met . 
(5) Those conditions are — 
(a) that the text appears parallel to, and not more than 38 mil limetres 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 alpha betic, 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 Helvet ica type , 
(f) that the colour of the text is black,  
(g) that the text is in a normal, weighted, regular typeface , and  
(h) that the size of the text is no larger than 8  point . 
                                                                                                                                            
(a) S.I. 2005/1803.   6 Further provision s about  the packaging of cigarettes  
6. No person may produce or supply any cigarettes in breach of  any of the provisions of  
Schedule 2 (further  provision s about  the packaging of cigarettes) . 
PART 3 
Provisions which apply to hand rolling tobacco only  
Permitted colour or shade of packaging of hand rolling tobac co 
7.—(1) No person may produce or supply any hand rolling tobacco in breach of any of the 
provisions of this regulation or Schedule 3 (excepti ons to paragraphs (2) and (3)).  
(2) The o nly colour or shade permitted on or for the external packa ging of a unit packet or 
outside 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 Schedule 4 . 
(3) The o nly colour or shade permitted on or for the internal packaging of a  unit packet or 
outside 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  and paragraph 3(2) of Schedule 4 . 
(4) Nothing in paragraph (2) or (3) prohibits any warning, statemen t, text, picture, image, 
symbol or marking which is required by any enactment (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 (n ame and address of producer).  
Form of, and weight of tobacco in, unit packet of hand rolling tobacco  
8.—(1) No person may produce or supply any hand rolling 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) A unit packet of hand rol ling tobacco must contain  at least 30 grams  of tobacco . 
Further provision s about  the packaging of hand rolling tobacco  
9. No person may produce or supply any hand rolling tobacco in breach of  any of the provisio ns 
of Schedule 4  (further  provisio ns about  the packaging of hand rolling tobacco ). 
PART 4 
Provisions  which apply to all tobacco products or to both cigarettes and hand rolling 
tobacco  
Product presentation  
10.—(1) No person may produce or supply a tobacco product in breach of  any of the following 
provisions.   7 (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 fa lling within paragraph (3).  
(3) An element or feature falls within this paragraph if it — 
(a) promotes a tobacco product or encourages its consumption by creating an erroneous 
impression about its characte ristics, health effects, risks  or emissions,  
(b) includes any informa tion about the nicotine, tar or carbon monoxide content of a tobacco 
product,  
(c) suggests that a particular tobacco product — 
(a) is less harmful than others,  
(b) aims to reduce the effect of some harmful components of smoke,  
(c) has vitalis ing, energizing, healing, rejuvenating, natural or organic properties, or  
(d) has other health or lifestyle benefits,  
(d) refers to taste, smell or any flavourings or other additive s, or the absence of any such 
thing , 
(e) resembles a food or a cosmetic product,  or 
(f) suggests that a particular tobacco product has improved biodegradability or other 
environmental advantages.  
(4) The packag ing in which a tobacco product is, or is intended t o be, presented for retail sale  
may not contain any element or feature which suggest s 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 mar ks, figur ative signs and other type s of sign . 
(6) Nothing in this regulation affects or is affected by any other provisi on of these Regulations.  
Packaging  of cigarettes or hand rolling tobacco  not to produce noise or scent  
11.—(1) No person ma y produce or s upply any ciga rettes or hand rolling tobacco  if any part of 
the packagin g in which the  product  is, or is intended to be, presented for retail sale — 
(a) make s a noise, or  
(b) contain s or produce s a smell , 
that is not normally associated with the packa ging of cigarettes or, as the case may be, hand rolling 
tobacco . 
(2) Paragraph (1) does not prohibit any smell in the packaging of cigarettes or hand rolling 
tobacco which results from  any manufacturing process  which is designed to give the cigarettes or 
hand rolling tobacco a characterising flavour  that is not prohibited . 
Packaging of cigar ettes or hand rolling tobacco not to  change after retail sale  
12.—(1) No person may produce or supply any ciga rettes or hand rolling tobacco  if the 
packagin g in which the  product is, or is intended to 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 desig ned to appear gradually over time,  
(c) inks that appear fluorescent in certain light,   8 (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 provision s 
 
Trade marks and registered designs  
Regulati ons not to affect registration  of trade marks for tobacco products  or related services  
13.—(1) For the avoidance of doub t, nothing in these Regul ations forms an obstacle to 
registration of a  trade mark under the Trade Marks Act 1994( a) because the goods or services to 
which the trade mark is to be applied are tobacco product s or related services . 
(2) For the avoidance of doubt, nothing in  these Regulations — 
(a) causes  any trade mark to be contrary to pu blic policy or to accepted principles of morality 
for the pu rposes of section 3(3)(a) of that Act  (absolute grounds for refusal of 
registration),  
(b) amounts  to an enactment or rule of law which prohibits the use of a trade mark for the 
purposes of section 3(4 ) of that Act (b), or 
(c) amounts  to a rule of law by which the use in the United Kingdom of any trade mark is 
liable to be prevented for the purpose s of section 5(4) of that Act (relative grounds  for 
refusal of registration).  
(3) For the purposes of section s 3(6), 47(4) and 48(1) of that Act (which relate to application s 
made in bad faith) an application for the registration  of a trade mark in relation to  tobacco 
products or related services is no t to be regarded as made in bad faith  in relation to those goods or 
services if or to the extent that the application would not be so regarded were these Regulations 
not in force.  
(4) For the purposes of section 32(3) of that Act (application for registration of trade mark), an 
applicant for the registration of a trade mark in relation to tobacco products or related services is to 
be regarded as having a bona fide intention that the trade mark should be used by the applicant, or 
with the applicant’s consent, in relation to those goods or services if or to the extent that the 
applicant would have had such an int ention were  these Regulations  not in force . 
(5) For the avoidance of doubt, nothing in these Regulations has the effect of giving rise to a 
ground for the declaration of invalidity of  a trade mark under section 47(1) of th at Ac t (grounds 
for invalidity of registration) because the  trade mark is registered in relation to tobacco products or 
related services.  
Regulations not to affect oppositions based on trade marks for tobacco products  or related 
services  
14.—(1) Paragraph (2) applies for the purposes of section 6(3) of the Trade Marks Act 1994 
(meaning of “earlier trade mark”) if the trade mark within section 6(1)(a) or (b) (c) is registered in 
relation to tobacco products or related services.  
(2) A bona fide use of the trade mark in relation to those goods or services is to be regarded as 
having taken place during the two years mentioned in secti on 6(3) if there would have been such 
                                                                                                                                            
(a) 1994 c. 26.  
(b) Section 3(4) was amended by S.I. 2011/1043.  
(c) Section 6(1)(a) was amended, an d section 6(1)(b) was substituted, by S.I. 2004/2332.   9 use of the trade mark in relation to those goods or services during that period were these 
Regulations not in force . 
(3) Paragraph (4 ) applies for the purposes of section 6A(3)(a) of that Act ( raising of relative 
grounds in opposition proceedings in case of non -use)(a) if the earlier trade mark there mentioned  
is registered in relation to tobacco products  or related services . 
(4) Genuine use of the trade mark in relation to those goods or services  is to be regarded as 
having taken  place within the period of five years mentioned in section 6A(3)(a) if there would 
have been such use of the trade mark  in relation to those goods or services within that period were 
these Regulations  not in force . 
Proper reasons for non -use of trade marks for tobacco products  or related services  
15.—(1) Paragraph (2) applies for the purposes of section 46 (1)(a) or (b) of the Trade Marks Act 
1994 (revocation of registration) if the trade m ark there mentioned is registered  in relation to 
tobacco products or related services.  
(2) If any provision of these Regula tions causes any non-use of the trade mark in re lation to 
those goods or services for any period , such provision is to be regarded as a proper reason for that 
non-use, provided that  the trade mark would have been put to genuine use  in re lation to those 
goods or services  during that period were these Regulat ions not in force.  
(3) Paragraph (4) applies for the purposes of — 
(a) section 6A(3)(b) of that Act  (raising of relative grounds in opposition proceedings in case 
of non -use), or 
(b) section 47(2A) (c) and (2B) (b) of that Act  (grounds for invalidity of registration) (b), 
if the ear lier trade mark there mentioned is registered in relation to tobacco products or related 
services.  
(4) If any provision of these Regulations causes  any non-use of the earlier trade mark in relation 
to those goods or services for any period , such pro vision is to be regarded as  a proper reason  for 
that non-use, provided that the trade mark would have been put to genuine use in re lation to those 
goods or services  during that period were these Regulations not in force . 
Regulati ons not to affect registrat ion of designs for tobacco products etc  
16.—(1) For the avoidance of doubt, nothing in these Regulations has the effect that a design 
may or must be refused registration or declared invalid under the Registered Designs Act 1949( c) 
because — 
(a) the design concerns features of appearance of a t obacco product or its packaging , or 
(b) the design will not be or is not visible during normal use of a tobacco product or its 
packag ing because of any provision of these Regulations ; 
but sub -paragraph (b) appl ies only if the design would be or would have been so visible were these 
Regulations not in force.  
(2) For the avoidance of doubt, nothing in these Regulations causes any design concerning 
features of appearance of a tobacco product or its packaging to be cont rary to public policy or to 
accepted principles of morality for t he purposes of section 1D of that Act  (designs contrary to 
public policy or morality) (d). 
                                                                                                                                            
(a) Section 6A was inserted by S.I. 2004/946.  
(b) Section 47(2A) and (2B) were inserted by S.I. 2004/946.  
(c) 1949 c. 88.  
(d) Section 1D was inserted by S.I. 2001/3949.   10 (3) Paragraph (4) applies for the purposes of section 11ZA(1A)(a) of that Act (grounds for 
invalidity of regist ration) (a) if the design to which the later design there mentioned is compared 
concerns features of appearance of a tobacco product or its packaging.  
(4) The design is to be regarded as having been made available to the public on or after the 
relevant da te me ntioned in section 11ZA(1A)(a) 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 these Regulations amounts to, or permits,  any Crown 
use of registered designs conc erning tobacco products or their packaging.  
(6) In this regulation — 
“Crown use” has the same meaning as in paragraph 2A of Schedule 1 to the Registered 
Designs Act 1949 (co mpensation for loss of profit) (b); 
“design”  and “registered design” have the same meanin g as in that Act.  
 
Offences and enforcement  
Offences  
17.—(1) A person who produces or supplies a tobacco product  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 ter m not exceeding three months, 
or a fine , or both , or 
(b) on conviction on indictment to imprisonment for a term not exceedi ng 2 years, or a fine, 
or both . 
Offences by  bodies corporate and Scottish partne rships  
18.—(1) If an offence  under these Regulations  committed by a body corporate is proved — 
(a) to have been committed with the consent or connivance of an officer, or  
(b) to be att ributable to any neglect on the officer’s  part, 
the officer as w ell 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 corporate, means a director, manager, 
secretary or other similar officer of the body, or a per son purporting to act in any such capacity.  
(3) If the affairs of a body corporate are ma naged by its members, paragraph  (1) applies in 
relation to the acts and defaults of  a member in connection 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 connivance of a partner, or  
(b) to be at tributable to any neglect on the partner’s  part, 
the p artner as well as the partnership is guilty of the offence and liable to be proceeded against and 
punished accordingly.  
(5) In paragraph  (4) “partner” includes a person purporting to act as a partner  
                                                                                                                                            
(a) Section 11ZA was inserted by S.I. 2001/3949 and amended by S.I. 2006/1974 and S.I. 2007/3378.  
(b) Paragraph 2A of Schedule 1 was inserted by section 271(1) of the Copyright, Designs and Patents Act 1988 (c. 48) and 
amended by S.I. 2001/3949.   11 Defence  
19. In any proceed ings for an offence under these Regul ations  against a person who supplies any 
tobacco pro duct in breach of any provision  of these Regulations, it is a defence that the person 
neither knew nor had reasonable grounds for suspecting  that the tobacco produc t was supplied in 
breach of that  provisi on. 
Enforcement  
20.—(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 these Regulations as if these Regulations 
were safety regulations within the mean ing 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 six months ), as that section has effect by 
virtue of paragraph (1), is to be read as a reference to three mo nths.  
(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 Britain, or  
(b) a district council in Northern Ireland , 
under section 2 7 of the Consumer Protection  Act 1987 (b) (as that section has effect by virtue  of 
paragraph (1))  is to be discharged instead by the appropriate minister.  
 
Consequential amendments  
Consequential amendments  
21.—(1) In section 3(1) of the Chi ldren and Young Persons (Protection from Tobacco) Act 1991 
(sale of unpackaged cigarettes) (c), omit “pre -packed quanti ties of 10 or more cigarettes in ”. 
(2) In article 4 (1) of the Children and Young Persons (Protection from Tobacco) (Northern 
Ireland) Order 19 91 (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 of cigarettes) is revoked (e). 
 
Trans itional provision  
Transitional provision  
22.—(1) These Regulations do not apply to the supply before 21st May  2017 of a tobacco 
product produced be fore 20th May 2016 if the product complies with the Tobacco Products 
(Manufacture,  Presentation and Sale) (Safety) Regulations 2002  at the date of supply.  
(2) For the purposes of paragraph (1), those Regulations are to conti nue to apply 
notwithstanding the  revocation of any those Regulations by any enactment (whenever passed or 
made), inclu ding regulation 21(3) of these Regulations.  
 
                                                                                                                                            
(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  
23.—(1) The Secretary of State must from time to time — 
(a) carry out a review of these Regulations,  
(b) set out the conclusions of the review in a report, and  
(c) publish the report.  
(2) In carryi ng out the review, the Secretary of State must, so far as is reasonable, have regard to 
how Directive 2014/40/EU of 3rd April 2014 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 and repealing Directive 2001/37/EC( a) (Articles 13 and 14 of 
which are implemented by regulations 4, 8 and 10 of these Regulations) is implemented in other 
member States.  
(3) The report must in particular — 
(a) set out the objectives intended to be achieved by the regulatory system established by 
these Regulations,  
(b) assess the extent to which those objectives are achieved, 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 regulation.  
(4) The first report under this regulation must be published before the end of the period of five 
years beginning with…  
(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 shade of packaging of 
cigarettes)  
Text which states  brand name and variant  name  
1.—(1) The external packaging  of a unit  packet  or outside packet of cigarettes  may have text 
printed on it which states the brand name  and variant  name  of the cigarette s but only if each of t he 
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 chara cter 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 typeface , 
(g) that the brand name does not take up more  than one line,  
(h) that t he variant name does not take up more than one 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 lar ger than 10  point , 
(l) that the brand name and variant name may appear only , and  not more than once,  on each 
of the following surfaces — 
(i) the front surface  of the unit packet or outside packet , 
(ii) one of the smallest surface s 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 a ny surface which contains a health warn ing is orientated in accordance 
with the warning . 
Text which states the number of cigarettes.  
2.—(1) The external packaging  of a unit  packet  or outside packet of cigarettes  may have text 
printed on i t— 
(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 foll owing conditions is  met. 
(2) Those conditions  are— 
(a) that the number  is expressed in numeric  characters,  
(b) in the case  of the outside packet  of an aggregation of unit packets, that the number so 
expressed is either — 
(i) the total number of cig arettes in the outside packet , or 
(ii) the number of unit packets in the outside packet  multiplied by the number of 
cigarettes in each unit packet, with the multiplication symbol being expressed as an 
“x”, 
(c) that the first letter of the word “Cigarettes” is in 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 typeface , 
(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 an outside packet , that the size of the text is no larger than 14  point ,  14 (j) that the text appears  only once , and  
(k) that the text on any surface which contains a health warning  is orientated in accordance 
with th e warning . 
Text which gives details about  producer  
3.—(1) A unit packet or outside packet of cigarettes 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 al phabetic, 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 ap pears on the external packaging , is Pantone Cool Gray 2 C with a matt finish,  
or 
(ii) if it appears on th e internal packaging, is one of the following, namely Pantone Cool 
Gray 2 C with a matt finish, Pantone 448 C  with a matt f inish or black with a matt 
finish,  
(f) that the text is in a normal, weighted, regular typeface , 
(g) that the  size of the text is no larger than 10  point , 
(h) that the text appears  only once , and  
(i) that the text  does not  appear on the front surface of the unit packet or  outside packet . 
Barcode  
4.—(1) The external packaging  of a unit packet or outside packet of cigarettes  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 facilitate 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, patter n, 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 surface of the unit packet or outside packet .  15 Calibration mark  
5.—(1) The external packaging  of a unit  packet or out side packet of cigarettes  may contain a 
calibration mark but on ly if both of the following conditions  are me t. 
(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 ciga rettes , 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 p rovision s about  the packaging  of cigarettes  
Surfaces  
1.—(1) Any surface of the external or internal packaging of a unit packet  or outside packet  of 
cigarettes — 
(a) must be smooth  and flat ,  and  
(b) must contain no ridges, embossing or other irreg ularities 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 Reg ulations . 
 Inserts etc  
2.—(1) No insert or additional material may be attached to o r included with the packaging of a 
unit packet or outside packet  of cigarette s. 
(2) Sub-paragraph  (1) does not prohibit a barcode  in relation to which each of the conditions in 
paragraph 4(2) of Schedule 1 is met from taking the for m of an adhesive label . 
Lining  
3.—(1) If a unit packet of cigarettes contain s 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 to ne or s hade of the foil . 
(2) Paragraph 1  does not prohibit such a  lining from being textured over any entire surface  with 
small dots or squ ares embo ssed on the lining if— 
(a) that texture is required for the purpose of — 
(i) the automated manufacture of the lining, or  
(ii) the pac king 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 that is recognisable as any thing other 
than a lining.   16 Wrappers  
4.—(1) Each of the following, namely — 
(a) a unit packet of cigarettes,  
(b) an ag gregation of such unit packets which is not contained in an outside packet , and  
(c) an outside packet  of cigarettes,  
may be enclosed by a wrapper but only if each of the following conditions is me t. 
(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 ir regularity of shape or texture that is  
not a necessary resul t of the manufacturing process,  and 
(d) that there is nothing at tached to the wrapper,  
but this is subjec t to the following provisions.  
(3) A wrapper which encloses an aggregation of unit packets within sub -paragraph (1)(b) may 
have solid, bl ack rectangles or squares but only so far as they are necessary, and of the minimum 
size necessary, to cover any barcode on the unit packets enclosed within the wrapper.  
(4) A wrapper may have a tear tape if each of the conditions 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, or  
(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 facilitate the sale, distribution and stock contr ol 
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 ap pears only once, and  
(e) that the barcode does  not appear on that part of the wrapper  which covers the front of the 
unit packet, aggregation of unit packets or outside packet .  17  SCHEDULE 3 Regulation 7  
Exceptions to regulation  7(2) and  (3)  (colour and shade of packaging of 
hand rolling tobacco)  
Text which states  brand name and variant name  
1.—(1) The external packaging  of a unit p acket or outside 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 alphabe tic, numeric  or an 
ampersand , 
(b) that the first letter of any word is i n 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 typeface, 
(g) that the brand name does not take up more than one line,  
(h) that the variant name does not take up more than one 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) in the case of a unit pa cket which is cuboid in shape  or an outside  packet  which is not 
cylindrical in shape , that the brand name and variant name may appear only, and n ot 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 outside packet  which is cylindrical in shape, that the brand 
name and variant name may 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,  
(n) in the case of a unit packet which takes the form of  a pouch , that the brand name and 
variant name may 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 , 
(o) that the brand name and variant na me 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 h ealth warning, and  
(p) that the text on any surface  which  contains a health 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 outside packet of hand  rolling tobacco  may 
have text printed on it — 
(a) which  states  the weight of tobacco i n grams  contained 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 th e weight of tobacco is expressed in numeric characters followed by the letter “g”,  
(b) in th e case of the outside packet of a n aggregation of unit packets, that the weight so 
expressed is either — 
(i) the total weight of  tobacco in the out side packet , or 
(ii) the number of unit packets in the outside packet  multiplie d by the weight of tobacco 
in each unit packet, with the multiplication 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 typeface , 
(h) in the cas e of a unit packet , that the size of the text is no larger than 10  point , 
(i) in the case  of an outside packet , that the size of the text is no larger than 14  point , 
(j) that the text appears o nly once , and  
(k) that the text on any surface which contains a health warning  is orientated in accordance 
with the warning.  
Text  which gives details about  producer  
3.—(1) A unit packet or outside packet of hand rolling tobacco  may have text  printed on its 
external or  internal packaging (but not on both its external and internal pac kaging) 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 c onditions 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 lowe r-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 pa ckaging, is one of the following, namely Pantone Cool 
Gray 2 C with a matt finish,  Pantone 448 C  with a matt finish or black with a matt 
finish , 
(f) that the text is in a normal, weighted, regular typeface , 
(g) that the  size of the text is no larger than 10  point , 
(h) that the text appears only once , and  
(i) that the tex t does not appear on the front  surface of the unit packet or outside packet . 
Text about cigarette papers and filters  
4.—(1)  If, in accordance with paragraph 2(2) of Schedule 4, a unit pac ket of hand rolling 
tobacco includes both cigarette papers and filters or either cigarette papers or fil ters, the external 
packaging  of the unit packet, and of any outside 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”,  
but only if each of the conditions in sub -paragraph (3) is met.  
(2) If, in accordance with paragraph 2(2) of Schedule 4, an outside packet  of hand rolling 
tobacco includes both cigarette papers and filters or either cigarette papers or filters,  the external 
packaging of the outside 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 typeface , 
(e) that the text appears below any variant name  (or, if there is no variant name, below any 
brand name),  
(f) that the size of the text is no larger than 10  point , and  
(g) that the text appears only once . 
Barcode  
5.—(1) The external packaging  of a unit packet or outside 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 p urpose of the barcode is to facilitate 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 symbo l 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 surface of the unit packet or outside packet . 
Calibration mark  
6.—(1) The external packaging  of a unit packet or outside 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 
manufact ure of  the packaging of the hand rolling tobacco , and  
(b) that the calibration mark, if visible or otherwise detectable, is as inconspicuous as 
possible so far as is consistent with its function i n connection with that automated  
manufacture.  
 SCHEDULE 4 Regulation 9  
Further provisions about  the packaging of hand rolling tobacco  
Surface s 
1.—(1) Any surface of the external or internal packaging of a unit packet  or outside packet  of 
hand rolling tobacco — 
(a) must be smooth  and, in the case of a unit packet or outside packet which is cuboid in 
shape, flat , and  
(b) must contain no ridges, embossing or other irr egular ities of shape or texture.  
(2) Sub-paragraph (1)  does not prohibit the inclusion — 
(a) in the case of a unit packet of hand ro lling tobacco 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 outside packet of hand rolling tobacco which is cylindrical 
in shape, of an y feature which 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 — 
(a) paragraph 3(3), and  
(b) any provision to the contrary made by any enactment (whenever passed or mad e) other 
than these Regulations . 
Inserts etc  
2.—(1) No insert or additional material may be attached to or included with the packaging of a 
unit packet  or outside packet of hand rolling tobacco . 
(2) Sub-paragraph (1) does n ot prohibit the inc lusion in a unit packet  or outside 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 relation 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 pac ket of hand rolling tobacco has a tab for reseali ng 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 cylindr ical in shape contain s 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 be ing 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 t han 
a foil seal.  
Wrapper s 
4.—(1) Each of t he following, namely — 
(a) a unit packet of hand rolling tobacco,  
(b) an aggregation of such unit packets which is not co ntained in an outside packet , and  
(c) an outside packet  of such tobacco,  
may be enclosed  by a wrapper but only if each of the 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 outside packet which 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) that there is nothing attached to the wrapper , 
but this is subje ct to the following provisions.  
(3) A wrapper which encloses an aggregation of unit packets 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 packet s enclosed within the wrapper.  
(4) A wrapper may have a tear tape if each of the conditions 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 , or 
(ii) black in colour,  
(b) that the tear tape forms a continuous straight line  which is of 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 ta pe from including a single, solid black 
line which — 
(a) is not more than 15 millimetres long, and  
(b) indicates where the tear strip begins.   22 (7) A wrapper  may have a barcode  (and that barcode may tak e the form of an adhesive label)  but 
only if each of the following co nditions is met.  
(8) Those conditions are — 
(a) that the sole purpose of the barcode is to facilitate 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 the wrapper which covers the front of the 
unit packet, aggregation of unit packets or outside packet.  
 
 
 
EXPLANATORY NOTE  
(This note is not part of the Regulations ) 
 
These Regulations make provision for the retail packaging of cigarettes and hand rolling tobacco 
to be standardised.  
 
These Regulations implemen t Articles 13 and 14 of Directive 2014/40/EU of the European 
Parliament and of the Council of 3 April 2014 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 (OJ No. L 127 29.4.2014, p1).  
 
These Regulations are made in exercise of powers contained in the Children and Families Act 
2014 and the European Communities Act 1972 and came into force on … 
 
Regulations 3 and 7 prescribe the  only colours that are permitted to be used on  any part of  the 
external and internal surfaces of the retail packaging of cigarettes and hand rolling tobacco 
respectively.  These two regulations do not prohibit anything that is required by any other 
enactme nt, which includes, but is not limited to, mandatory health warnings, security features and 
fiscal marks. They  are also subject to the text that is permitted under Schedules 1 and 3 
respectively.  
 
Regulation 4 sets out requirements for unit packets of cig arettes. 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 permitted in each unit packet. Regulation 8 sets out 
requirements for unit packets of hand rolling tobacco. It stipulates the shapes or type of packet that 
are permitted and the minimum weight of tobacco  that must be  in each packet.  These two 
regulations implement Article 14 of Directive 2014/40/EU.  
 
Regulation 5 sets out requirements f or the appearance of indi vidual cigarettes, including  the 
permitted colour for cigarettes (other than the tobacco contained in it),  the permitted text  and the 
requirements for that text.  
 
Regulation 10  applies to all tobacco products. It  prohibits element s or features of the labelling of 
the packaging or of the tobacco  products  themselves that  has one of the effec ts set out in 
paragraph (3). Paragraph (4) prohibits retail packaging that suggests economic advantage. This 
regulati on implements Article 13 of Directive 2014/40/EU.   23  
Regulation 11 prohibits packaging for cigarettes and hand rolling tobacco that produces a noise or 
scent that is not normally associated with that packaging. This does not prohibit any smell 
resulting from  a manufacturing process  designed to give the cigarettes or hand rolling tobacco a 
permitted smell or flavour.   
 
Regulation 12 prohibits features of the packaging of cigarettes or hand rolling tobacco that are 
designed to change after the product has been sold to the consumer.  
 
Regulations 13, 14 and 15  make provisions in respect of trade marks relating to tobacco products, 
that are registered or for which there is an application for registration  under the Tra de Marks Act 
1994. Regulation 16  makes provisions in respect of the regi stration of designs for tobacco 
products under the Registered Designs Act 1994.  
 
Regulations 17, 18, 19 and 20  make provision for offences and their enforcement.  
 
Regulation 21 amends section 3(1) of the Children and Young Persons (Protection from Tobacc o) 
Act 1991  and article 4(1) of the Children and Young Persons (Protection from Tobacco) (Northern 
Ireland) Order 1991  to remove the requirement that packets of cigarettes have at least 10 cigarettes 
in each packet. Paragraph (3) revokes regulation 4 of th e Tobacco Products (Manufacture, 
Presentation and Sale) (Safety) Regulations 2002 which requires packets of cigarettes to carry a 
statement of the tar, nicotine and carbon monoxide yields of the cigarettes contained in it. Such 
statements are now prohibite d by Article 13(1)(a) of Directive 2014/40/EU.  
 
Schedule 1 sets out what text is permitted on the retail packaging of cigarettes. Schedule 3 sets out 
what text is permitted on the retail packaging of hand rolling tobacco.  These schedules also set 
out the colour, typeface, size, location and orientation of the permitted text, and make provision 
for the use of barcodes and calibration marks on that packaging.  
 
Schedules 2 and 4 make further provisions about the packaging of cigarettes and hand rolling 
tobac co 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 respect of any wrappers. The schedules prohibit 
inserts or additional materials that are not an integral part o f the packaging, required as part of the 
packaging process or required to protect the product.  
 
A draft of these Regulations has been notified to the European Commission as a technical 
standard, pursuant to Directive 98/34/EC of the European Parliament an d of the Council (OJ No 
l204, 21.7.98, p 37) laying down a procedure for the provision of information in the field of 
technical standards and regulations, as amended.  
 
A regulatory impact assessment has been prepared for these Regulations and a copy has b een 
placed in the library of each House of Parliament.