Explanatory note

These Regulations implement Council Directive 90/239/EEC concerning the maximum tar yield for cigarettes (OJ No. L137/36). The Regulations are made in exercise of powers contained in the Consumer Protection Act 1987 and in the European Communities Act 1972.

Regulation 3 prohibits supplying, offering to supply, agreeing to supply, exposing for supply or possessing for supply in the UK any cigarettes the tar yield of which exceeds the limit referred to in regulation 3. From 1st January 1998 the limit is set at a lower figure (see the definition of “the permitted maximum” in regulation 2(1)).

Regulation 4 specifies the procedure to be followed when the Secretary of State’s tests show tar yields exceed the permitted maximum from those notified to him by the producer under the Tobacco Product Labelling (Safety) Regulations 1991.

Transitional provisions are provided for in regulation 5.

Copies of the International Standards referred to in the Regulations may be obtained from the British Standards Institute, Linford Wood, Milton Keynes MK14 6LE.