European Communities (Manufacture, Presentation and Sale of Tobacco Products) Regulations 2003
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Manufacture Presentation and Sale of Tobacco Products) Regulations 2003.
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paragraphs: (1) In these Regulations:-
“Act of 1999” means the Health (Eastern Regional Health Authority Act 1999 (No. 13 of 1999);
“Area Health Board” means an Area Health Board established by section 14(1) of the Act of 1999;
“authorised officer” means an authorised officer appointed under Regulation 9;
“Authority” means the Eastern Regional Health Authority established by section 7 of the Act of 1999;
“designated analyst” means an analyst designated by the Minister pursuant to Regulation 12;
“designated laboratory” means a laboratory designated by the Minister pursuant to Regulation 12;
“Directive” means Directive 2001/37/EC2 of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products;
“functional area” means -
- in relation to the Authority, the functional area of the Authority as specified in section 7(4) of the Act of 1999,
- in relation to an Area Health Board, the functional area of each Area Health Board as specified in section 14(4) of the Act of 1999,
- in relation to a health board established under section 4 of the Health Act 1970 (No. 1 of 1970), the functional area of the health board as specified in the Health Board Regulations 1970 ( S.I. No. 170 of 1970 );
“functions” includes powers and duties and references to the performance of functions include references to the exercise of powers and the performance of duties;
“health board” means either -
(a) a board established under section 4 of the Health Act 1970 (No. 1 of 1970), or
(b) the Authority,
or both;
“import” means importation from a third country;
“ingredient” means any substance or any constituent except for tobacco leaf and other natural or unprocessed tobacco plant parts used in the manufacture or preparation of a tobacco product and still present in the finished product, even if in altered form, including paper, filter, inks and adhesives;
“Member State” means a Member State of the European Community and shall be construed as including reference to those States that are Contracting Parties to the EEA Agreement;
“Minister” means the Minister for Health and Children;
“nicotine” means nicotinic alkaloids;
“Office” means the Office of Tobacco Control established by section 9 of the Public Health (Tobacco) Act 2002 (No. 6 of 2002);
“place on the market” means -
(a) import,
(b) sell,
(c) offer or expose for sale,
(d) invite the making by a person of an offer to purchase,
(e) distribute free of charge, or
(f) supply for any of those purposes (whether or not for profit and cognate words shall be construed accordingly;
“tar” means the raw anhydrous nicotine-free condensate of smoke;
“third country” means a country which is not a Member State;
“tobacco for oral use” means all products for oral use, except those intended to be smoked or chewed, made wholly or partly of tobacco, in powder or in particulate form or in any combination of those forms particularly those presented in sachet portions or porous sachets, or in a form resembling a food product;
“tobacco products” means products for the purposes of smoking sniffing, sucking or chewing, inasmuch as they are, even partly, made of tobacco, whether genetically modified or not.
(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires the same meaning in these Regulations as it has in the Directive.
(3) (a) A reference in these Regulations to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended.
(b) A reference in these Regulations to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.