CUSTOMS AND EXCISE Citation and commencement 1 This Order may be cited as the Tobacco Products (Descriptions of Products) Order 2003 and comes into force on 1st August 2003. Interpretation 2 In this Order “ the Act ” means the Tobacco Products Duty Act 1979. Repeal and revocation 3 1 Subsections (2) and (2A) of section 1 of the Act are repealed. 2 The Tobacco Products (Cigarettes and Cigars) Order 1977 is revoked. Cigarettes 4 1 Subject to paragraph (2) below, references to cigarettes in the Act include any product that comprises— a rolls of tobacco capable of being smoked as they are and that are not cigars, or b rolls of tobacco that, by simple non-industrial handling, are— i inserted into cigarette-paper tubes, or ii wrapped in cigarette paper. 2 References to cigarettes in the Act include products consisting in whole or in part of substances other than tobacco that otherwise conform to a description in paragraph (1) above .... Cigars 5 References to cigars in the Act include any product that is described in the Schedule below and do not include tobacco products of any other description. Hand-rolling tobacco 6 1 References to hand-rolling tobacco in the Act include any product that would, but for the reference to hand-rolling tobacco in article 7(1) below, be other smoking tobacco and— a in which more than 25% by weight of the tobacco particles have a cut width of less than 1.5 millimetres , or b that is sold or intended to be sold for making into cigarettes by hand, or c that is of a kind used for making into cigarettes by hand. 2 In this regulation— a the references to “making into cigarettes by hand” in paragraph (1)(b) and (c) above include making into cigarettes by hand with the aid of a mechanical device, and b the use for making into cigarettes referred to in paragraph (1)(c) above must amount to more than occasional use but need not amount to common use. Other smoking tobacco 7 1 Subject to paragraph (2) below, references to other smoking tobacco in the Act include any product that is not cigarettes, cigars, or hand-rolling tobacco and comprises— a tobacco that has been cut or otherwise split, twisted or pressed into blocks, and is capable of being smoked without further industrial processing, or b tobacco refuse put up for retail sale that can be smoked. 2 References to other smoking tobacco in the Act include products consisting in whole or in part of substances other than tobacco that otherwise conform to a description in paragraph (1) above .... 3 For the purposes of paragraph (1), “tobacco refuse” means the remnants of tobacco leaves and the by-products of the processing of tobacco or the manufacture of tobacco products. Chewing tobacco 8 1 Subject to paragraph (2) below, references to chewing tobacco in the Act include any product that— a is not cigarettes, cigars, hand-rolling tobacco, or other smoking tobacco, b consists of or includes tobacco, and c has been prepared so that it can be chewed. 2 References to chewing tobacco in the Act include any product prepared for chewing that does not include tobacco but consists in whole or in part of a substitute for tobacco, except for such a product that is intended solely as an aid to persons to give up smoking. Tobacco for heating 9 1 References to tobacco for heating in the Act include any product that— a is not cigarettes, cigars, hand-rolling tobacco, other smoking tobacco, or chewing tobacco; and b consists of tobacco prepared for heating, without combustion, in order to produce or flavour vapour. 2 In paragraph (1)(b), “tobacco” includes tobacco mixed with any substance other than tobacco. 3 References to tobacco for heating in the Act do not include any product that consists wholly of a substance or substances used as a substitute for tobacco. Philip Woolas John Heppell Two of the Lords Commissioners of Her Majesty’s Treasury