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AN BILLE SLÁINTE POIBLÍ (PACÁISTIÚ
CAIGHDEÁNAITHE TOBAC), 2014
PUBLIC HEALTH (STANDARDISED PACKAGING OF
TOBACCO) BILL 2014
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EXPLANATORY AND FINANCIAL MEMORANDUM
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Background
Tobacco smoking is the greatest single cause of preventable illness
and premature death in Ireland, killing over 5,200 people a year.Smoking prevalence in Ireland remains high at 22% of ourpopulation. It has been estimated that approximately €500 million of
health expenditure in Ireland is directly due to smoking relateddiseases.
Ireland’s public health policy objective in relation to tobacco
control is to promote and subsequently move toward a tobacco freesociety. Tobacco Free Ireland , the policy document approved by
Government in July 2013, builds on existing tobacco control policiesand legislation already in place in this country, and sets a target forIreland to be tobacco free (i.e. with a prevalence rate of less than5%) by 2025.
The Government is implementing a comprehensive suite of
reforms to reduce smoking and its harmful effects. As part of thesereforms the Government committed to introduce legislationrequiring standardised packaging of tobacco products, to remove oneof the last remaining frontiers for tobacco advertising.
Purpose of Bill
The Bill will control the design and appearance of tobacco
products and packaging. This means that all forms of branding —trademarks, logos, colours and graphics — would be removed frompackaging, except for the brand and variant names, which would bepresented in a uniform typeface for all brands on the market. Allpacks would be in a plain neutral colour, except for the mandatoryhealth warnings and other items provided for by law. It is intendedthat this Bill will operate alongside other regulatory mechanisms fortobacco products and packaging generally.
The regulation of the appearance of tobacco products and
packaging is intended to contribute to improving public health by:
 reducing the appeal of tobacco products to consumers; increasing the effectiveness of health warnings on the retail
packaging of tobacco products; and
 reducing the ability of the packaging of tobacco products to
mislead consumers about the harmful effects of smoking.
12The Bill also gives effect in part to Directive No. 2014/40/EU of
the European Parliament and of the Council of 3 April 2014 on theapproximation of the laws, regulations and administrative provisionsof the Member States concerning the manufacture, presentation andsale of tobacco and related products. The Directive has been in forcefrom 20
thMay 2014 and Member States have two years to transpose
the new rules into national law. Areas covered by the Directiveinclude labelling and packaging, ingredients and emissions,traceability and security features and cross border distance sales oftobacco. While the revised Directive does not go so far as tointroduce standardised packaging on an EU-wide basis, it providesthat it shall not affect the right of Member States to introduce furtherrequirements in relation to standardised packaging.
In addition, the introduction of standardised packaging for tobacco
products is one of the means by which the Government will giveeffect to Ireland’s obligations under the World Health OrganizationFramework Convention on Tobacco Control (WHO FCTC). The
following Articles of the WHO FCTC are of relevance:
 Article 5 of the WHO FCTC requires each Party to develop
and implement comprehensive national tobacco controlstrategies, plans and programs, and to take effective legislativeand other measures for preventing and reducing tobaccoconsumption, nicotine addiction and exposure to tobaccosmoke.
 Article 11 of the WHO FCTC requires Parties to implement
effective measures to ensure that tobacco packaging does notpromote a tobacco product by any means that are false,misleading, deceptive or likely to create an erroneousimpression about its characteristics, health effects, hazards oremissions.
 Article 13 of the WHO FCTC requires Parties to implement
comprehensive bans on tobacco advertising, promotion andsponsorship.
Guidelines adopted by the Conference of the Parties to the WHO
FCTC on Article 11 and Article 13 recommend that Parties considerintroducing standardised packaging.
The Bill is divided into four parts.
Part 1 deals with Preliminary and General Provisions and
covers Sections 1 to 6.
Sectio n 1 — (Short title, collective citation and commencement)
Section 1 contains a standard provision for dealing with the short
title, collective citation of the Public Health (Tobacco) Acts and thecommencement date(s) of the Bill.
Sectio n 2 — (Interpretation)
Section 2 ,subsection (1) deals with the interpretation of the Bill;
it defines the meaning of certain terms used in the Bill, includingcigarette packet ,inserted item ,affixed item ,retail packaging, tobacco
product, andvariant name. Subsection (2) clarifies that (a)the outer
surface of outside packaging means the entire outer surface of thepackaging, including that of a flip-top lid in the case of a cigarettepacket, (b)where the outside packaging has a flap with a surface
visible only when the packaging is opened, that surface is classed asan inner surface. Subsection (3) states that, subject to subsection (1) ,
a word or expression used in the Bill and also used in the TobaccoProducts Directive has the same meaning, unless the context
requires otherwise.
Sectio n 3 — (Orders and regulations)
Section 3 makes provision for the laying of regulations before the
Houses of the Oireachtas. Subsection (1) states that the Minister may
make regulations to provide for any matter referred to in the Bill, orto give full effect to any provision of the Bill. Subsection (2) specifies
that the regulations may contain any provisions which appear to theMinister to be necessary or expedient for the purposes of theregulations. Subsection (3) states that every order (other than an
order under section 1(3) ) or regulation made by the Minister under
the Act will be laid before the Houses of the Oireachtas.
Sectio n 4 — (Expenses)
Section 4 is a standard provision dealing with expenses.
Sectio n 5 — (Restriction of Act)
Subsection (1) refers to the Trade Marks Act 1996 and clarifies
that nothing in the Act operates to prohibit the registration of a trademark or that nothing in the Act shall be grounds for the revocationof the registration of a trade mark. Subsection (2) specifies that
nothing in the Act affects the law in relation to tax stamps.
Sectio n 6 — (Transitional Provisions)
Section 6 makes transitional provisions which provide a timeframe
for retailers and tobacco manufacturers to comply with the newmeasures.
Part 2 deals with the Retail Packaging and Presentation of
Tobacco Products and covers Sections 7 to 14.
Sectio n 7 — (Retail packaging of cigarettes)
Section 7, subsection (1) provides for the specifications for
cigarette packets, which must (a)have an outer surface of a
prescribed colour with a matt finish, (b)have an inner surface of a
prescribed colour, (c)have no marks or trademarks, (d)not have
any decorative ridges, embossing or embellishments, (e)not have a
coloured or non-transparent adhesive, (f)not contain any inserted
or affixed items. Subsection (2) clarifies that subsections 1(a) and
1(c) do not apply to (a)health warnings, (b)a bar-code or other
identification mark that is in accordance with subsection (5), (c) other
items provided for by law. Subsection (3) provides that, subject to
subsection (4), the following may be printed on a cigarette packet:
(a)a brand or business or company name, and (b)a variant name.
Subsection (4) states that the names referred to in subsection (3) must
be printed in accordance with regulations under subsection (10) and
may be printed on the cigarette packet (i)once on the front outer
surface, (ii)once on the top outer surface, and (iii) once on the
bottom outer surface, provided that the text does not obscure or
interfere with health warnings. Subsection (5) provides that a bar-
code or other similar identification mark may be printed once on acigarette packet in a form and manner prescribed by the Minister,provided that it does not convey any information to the consumer(including any electronic communication). Subsection (6) specifies
that a cigarette packet must (a)be cuboid in shape with edges that
may be rounded or bevelled, (b)be made of carton or soft material,
(c)not have an opening that may be re-closed or re-opened other
than (i)a flip-top lid, provided it is hinged at the back of the packet,
or(ii)a shoulder box hinged lid. Subsection (7) states that the
requirements of subsections (1) to(5)will apply to any other form
34of outside packaging of cigarettes. Subsection (8) specifies that a
wrapper covering a cigarette packet or any other form of outsidepackaging of cigarettes shall (a)be transparent, (b)not be coloured,
(c)not have any decorative ridges, embossing or embellishments, (d)
not have a trademark or mark other than a tear-strip in accordancewith subsection (9), (e) not have any affixed item, other than as
provided by law. Subsection (9) states that the Minister may
prescribe the manner in which a tear strip may be printed on awrapper under subsection (8)(d), including colour, dimensions,
specifications, and positioning. Subsection (10) states that the
Minister may prescribe the manner in which names referred to insubsection (3) may be printed on a cigarette packet or outside
packaging of cigarettes, including colour, font, font size, positioningand appearance. Subsection (11) specifies that in prescribing a colour
forsubsections (1)(a) or(b)or matters referred to in subsection (10) ,
the Minister shall have regard to (a)the need to decrease the appeal
of cigarettes, (b)the need to increase the effectiveness of health
warnings on retail packaging of cigarettes and (c)the need to reduce
the ability of retail packaging of cigarettes to mislead consumersabout the harmful effects of smoking. Subsection (12) specifies that
this section applies to the retail packaging of cigarettes that are tobe sold by retail in the State. Subsection (13), which has been
included in order to transpose articles of the EU Tobacco ProductsDirective, specifies that subsection (6) applies to the retail packaging
of cigarettes that are intended to be placed on the market withinthe EU.
Sectio n 8 — (Appearance of cigarettes)
Subsection (1) sets out the provisions for the appearance of the
cigarette sticks: (a)the paper covering the cigarette must be white,
(b)where there is a filter tip this must be (i)white and (ii)the paper
covering the filter tip may be white or have an imitation cork tip.Subsection (2) allows (a)a brand name or business name or company
name and (b)a variant name to be printed on a cigarette in
accordance with regulation under subsection (3). Subsection (3)
provides that the Minister may prescribe the manner and form forthe matters in subsection (2) , including the colour, font, font size,
positioning and appearance of such a name, and in doing so theMinister shall have regard to (a)the need to ensure that an
erroneous impression is not created about the characteristics, healtheffects, hazards or emissions of cigarettes, and (b)the need to reduce
the ability of cigarettes to mislead consumers about the harmfuleffects of smoking. Subsection (4) specifies that ‘‘an imitation cork
tip’’ means the paper covering the filter tip that is printed to looklike cork. Subsection (5) sets out that it is an offence for a person to
manufacture, import or sell cigarettes that do not comply with thissection and subsection (6) provides that this section applies to
cigarettes intended for retail sale in the State.
Sectio n 9 — (Retail packaging of roll-your-own tobacco)
Section 9 provides the specifications for the appearance of and
content of the roll-your-own tobacco packets.
Subsection (1)
provides that a unit packet of roll-your-own tobacco shall (a)be a
prescribed colour with a matt finish on the outside, (b)be a
prescribed colour on the inside, (c)have no marks or trademarks,
(d)not have any decorative ridges, embossing or embellishments, (e)
not have a coloured or non-transparent adhesive, (f)not contain any
inserted or affixed items other than as provided for by law.Subsection (2) clarifies that paragraphs (a)and(c)ofsubsection (1)
do not apply to (a)health warnings, (b)a bar-code or other similar
identification mark which is in accordance with regulations undersubsection (5), (c) other items provided for by law. Subsection (3)provides that, subject to subsection (4), the following may be printed
on a unit packet of roll your own tobacco: (a)a brand or business or
company name, and (b)a variant name. Subsection (4) states that
the names referred to in subsection (3) must be printed in accordance
with regulations under subsection (10) and may be printed (a) where
the packet is cuboid (i)once on the front outer surface, (ii)once on
the top outer surface, and (iii)once on the bottom outer surface, or
(b)where the packet is other than cuboid in shape, twice on the
outer surface but not more than once on any one surface, providedthat the name does not obscure or interfere with health warnings.Subsection (5) provides that a bar-code or other similar identification
mark may be printed once on a unit packet of roll your own tobaccoin a form and manner to be prescribed by the Minister, provided thatit does not convey any information to the consumer (including anyelectronic communication). Subsection (6) states that a unit packet
of roll your own tobacco must (a )be cuboid and may have rounded
or bevelled edges, (b)be cylindrical or (c)have the form of a pouch.
Subsection (7) states that the requirements of subsections (1) to(5)
will apply with all necessary modifications to any other form ofoutside packaging of roll your own tobacco. Subsection (8) specifies
that a wrapper covering a unit packet or any other form of outsidepackaging of roll your own tobacco shall (a)be transparent, (b)not
be coloured, (c)not have any decorative ridges, embossing or
embellishments, (d)not have a trademark or mark other than a tear-
strip in accordance with subsection (9), (e) not have any affixed item,
other than as provided by law. Subsection (9) states that the Minister
may prescribe the manner in which a tear strip may be printed on awrapper under subsection (8)(d), including colour, dimensions,
specifications, and positioning. Subsection (10) states that the
Minister may prescribe the manner in which names referred to insubsection (3) may be printed on a unit packet or outside packaging
of roll your own tobacco, including colour, font, font size, positioningand appearance. Subsection (11) specifies that in prescribing a colour
forsubsections (1)(a) or(b)or matters referred to in subsection (10),
the Minister shall have regard to (a)the need to decrease the appeal
of roll your own tobacco, (b)the need to increase the effectiveness
of health warnings on retail packaging of roll your own tobacco and(c)the need to reduce the ability of retail packaging of tobacco
products to mislead consumers about the harmful effects of smoking.Subsection (12) specifies that this section applies to the retail
packaging of your own tobacco that are to be sold by retail in theState. Subsection (13), which has been included in order to transpose
articles of the EU Tobacco Products Directive, specifies thatsubsection (6) applies to the retail packaging of roll your own tobacco
intended to be placed on the market within the EU.
Section 10 — (Retail packaging of other tobacco products)
Section 10 provides for the specifications for the retail packaging
of tobacco products other than roll your own tobacco and cigarettes.
Subsection (1) specifies that subject to subsection (2) a unit packet
of other tobacco products shall (a)be a prescribed colour with a matt
finish on the outside, (b)be a prescribed colour on the inside, (c)
have no marks or trademarks, (d)not have any decorative ridges,
embossing or embellishments, (e)not have a coloured or non-
transparent adhesive, (f)not contain any inserted or affixed items
other than as provided for by law. Subsection (2) clarifies that
paragraphs (a),and(c)ofsubsection (1) do not apply to (a)health
warnings, (b)a bar-code or other similar identification mark which
is in accordance with regulations under subsection (5), (c) other items
provided for by law. Subsection (3) provides that, subject to
subsection (4), the following may be printed on a unit packet of other
tobacco products: (a)a brand or business or company name, and (b)
a variant name. Subsection (4) states that the names referred to in
56subsection (3) must be printed in accordance with regulations under
subsection (9) and may be printed (a)where the packet is cuboid (i)
once on the front outer surface, (ii)once on the top outer surface,
and(iii)once on the bottom outer surface, or (b)where the packet
is other than cuboid in shape, twice on the outer surface but notmore than once on any one surface, provided that the name does notobscure or interfere with health warnings. Subsection (5) provides
that a bar-code or other similar identification mark may be printedonce on a unit packet in a form and manner prescribed by theMinister, provided that it does not convey any information to theconsumer (including any electronic communication). Subsection (6)
states that the requirements of subsections (1) to(5)will apply with
all necessary modifications to any other form of outside packagingof other tobacco products. Subsection (7) specifies that a wrapper
covering a unit packet or any other form of outside packaging ofother tobacco products shall (a)be transparent, (b)not be coloured,
(c)not have any decorative ridges, embossing or embellishments, (d)
not have a trademark or mark other than a tear-strip in accordancewith subsection (8), (e) not have any affixed item, other than as
provided by law. Subsection (8) states that the Minister may
prescribe the manner in which a tear strip may be printed on awrapper under subsection (7)(d), including colour, dimensions,
specifications, and positioning. Subsection (9) states that the Minister
may prescribe the manner in which names referred to in subsection
(3)may be printed on a unit packet or outside packaging of other
tobacco products, including colour, font, font size, positioning andappearance. Subsection (10) specifies that in prescribing a colour for
subsections (1)(a) or(b)or matters referred to in subsection (9), the
Minister shall have regard to (a)the need to decrease the appeal of
tobacco products other than cigarettes or roll your own tobacco, (b)
the need to increase the effectiveness of health warnings on retailpackaging of tobacco products other than cigarettes or roll your owntobacco and (c)the need to reduce the ability of retail packaging of
tobacco products other than cigarettes or roll your own tobacco tomislead consumers about the harmful effects of smoking.
Section 11 — (Linings of tobacco products)
Section 11 deals with the linings of unit packets of tobacco
products, and provides that where a lining is present it shall be of acolour and material as may be prescribed.
Section 12 — (Tar, nicotine and carbon monoxide yields)
Section 12, subsection (1) provides that the tar, nicotine and
carbon monoxide content shall not be printed on a unit packet orany other form of retail packaging of a tobacco product. Subsection
(2)specifies that in this section ‘‘tobacco product’’ includes a tobacco
product intended to be placed on the market in the EU.
Section 13 — (Presentation of tobacco products)
Section 13, subsection (1) provides that a tobacco product and any
retail packaging, including any brand name, business name orcompany name printed on a tobacco product or the outsidepackaging, or any bar-code or other identification mark, shall not (a)
promote a tobacco product or encourage its consumption bycontaining information that creates incorrect impressions about itscharacteristics, health effects, hazards or emissions, (b)contain
information suggesting a tobacco product is less harmful or reducesthe effect of the harmful components of smoke, (c)contain
information suggesting that a tobacco product has vitalising,energetic, healing, rejuvenating, natural or organic properties, orlifestyle benefits, (d)make reference to taste, smell, flavouring or
absence thereof, (e)contain any element that resembles a food orcosmetic product, (f)suggest a tobacco product has improved
biodegradability or other environmental advantages. Subsection (2)
states that it will be an offence for a person to manufacture, importor sell tobacco products which contravene this section. Subsection
(3)specifies that in this section ‘‘tobacco product’’ includes a tobacco
product intended to be placed on the market in the EU.
Section 14 — (Features of retail packaging of tobacco products)
Section 14 clarifies that any retail packaging of a tobacco product
or any bar-code or similar identification mark printed on the outsidepackaging shall not (a)contain any sound effects or scents that
promote the tobacco product, (b)contain any features designed to
alter the retail packaging after sale including (i)heat-activated inks,
(ii)inks that appear gradually, (iii)inks that appear fluorescent in
certain light, (iv) panels designed to be scratched or rubbed to revealan image, (v)removable tabs, (vi)fold-out panels.
Part 3 sets out the Offences, Proceedings and Penalties
provisions and covers Sections 15 to 19.
Section 15 — (Offences in relation to retail packaging)
Section 15 sets out the offences under the legislation. Subsection
(1)states that it shall be an offence to package tobacco products with
retail packaging which contravenes sections 7, 9, 10, 11, 12, 13 or 14 .
Subsection (2 ) states that it will be an offence to manufacture retail
packaging which contravenes sections 7, 9, 10, 11, 12, 13 or 14 .
Subsection (3) states that it will be an offence to import or sell
tobacco products where their retail packaging contravenes sections
7, 9, 10, 11, 12, 13 or 14 .Subsection (4) clarifies that where
proceedings are being brought, it shall be a defence for a personto show that he/she made all reasonable efforts to comply with theprovisions of the legislation.
Section 16 — (Penalties)
Section 16 sets out the penalties for the offences under the Act.
Subsection (1) specifies that a person who is guilty of an offence
(a)shall be liable on summary conviction (i)to a class B fine or
imprisonment for a term not exceeding 6 months, or both, in the caseof a first offence, (ii)to a class A fine or to imprisonment for a term
not exceeding 12 months, or both, in the case of a subsequentoffence, or (b)shall be liable on conviction on indictment to a fine
or imprisonment for a term not exceeding 8 years, or to both.Subsection (2) states that where a person is convicted of an offence,
the court shall order him/her to pay the prosecution costs andexpenses, unless there are special and substantial reasons for notdoing so.
Section 17 — (Offences by bodies corporate)
Section 17 sets out provisions relating to offences committed by
bodies corporate and its directors, managers or officers. Subsection
(1)specifies that where an offence is committed by a body corporate,
and it is proved that it was committed with consent or connivance orwas attributable to any wilful neglect of a director, manager,secretary or other officer of the body, that person as well as thebody shall be guilty of an offence and may be proceeded againstand punished. Subsection (2) states that where the affairs of a body
corporate are managed by its members, subsection (1) applies to the
acts and defaults of a member as if he/she were a director or managerof the body.
78Section 18 — (Proceedings)
Section 18 states that proceedings under the Act may be brought
and prosecuted by the Health Service Executive.
Section 19 — (Evidence in proceedings for an offence)
Section 19 sets out provisions relating to evidence brought before
proceedings. Subsection (1) states that unless the contrary is proved
a tobacco product, or packaging of a tobacco product, that bears thename of the importer of the product shall be evidence that thetobacco product was imported by the person concerned. Subsection
(2)states that unless the contrary is proved, a tobacco product or
retail packaging of a tobacco product that bears the name of themanufacturer shall be evidence that (a)the tobacco product was
manufactured by the person concerned , (b) the retail packaging was
manufactured by the person concerned, or (c)that the person
concerned packaged the tobacco product with retail packaging, asthe case may be. Subsection (3) states that unless the contrary is
proved a tobacco product, or retail packaging of a tobacco product,that bears a trade mark shall be evidence that the product or theretail packaging was manufactured by the person who owned thattrademark at the time the offence was allegedly committed.
Part 4 sets out Miscellaneous requirements and covers Sections
20 to 22.
Section 20 — (Amendment of section 5A of the Act of 2002)
Section 20 amends Section 5A of the Public Health (Tobacco)
Acts, as amended. The Act will now provide that if a personregistered to sell tobacco under the Section 37 of the Public Health(Tobacco) Acts (as amended) is found guilty of an offence under thecurrent legislation, then they can be removed from the register for aspecified period.
Section 21 — (Amendment of section 37 of the Act of 2002)
Section 21 amends Section 37 of the Public Health (Tobacco) Acts,
as amended. Section 37 will now take the current legislation andany offences committed under it into consideration when a person isapplying for registration for the sale of tobacco products.
Section 22 — (Amendment of section 48 of the Act of 2002)
Section 22 amends Section 48 of the Public Health (Tobacco) Acts,
as amended. Section 48 will now provide the Health ServiceExecutive with the necessary powers to enforce the currentlegislation.
Financial Implications
It is not expected that significant additional Exchequer costs will be
required arising from the legislation.
Department of Health,
June, 2014.
Wt. —. 616. 6/14. Clondalkin. (45175). Gr. 30-15.