# The Cigarettes (Maximum Tar Yield) (Safety) Regulations 1992, Regulation 4: Determination of tar yield


(1) The functions of the Secretary of State under regulation 9(1) of the Labelling Regulations include the testing of cigarettes to establish their tar yield for the purposes of these Regulations.
(2) Where the Secretary of State considers, having tested cigarettes in accordance with regulation 9(1) of the Labelling Regulations, that the tar yield of those cigarettes exceeds the permitted maximum, he may notify the producer—
(a) that the tar yield of those cigarettes exceeds the permitted maximum; and
(b) of the tar yield of those cigarettes which the Secretary of State considers to be accurate.
(3) A producer may within one month beginning with the date on which he receives notification under paragraph (2) inform the Secretary of State in writing that he does not agree that the tar yield of the cigarettes in question exceeds the permitted maximum, and where he does so he may make representations with a view to agreeing the correct tar yield with the Secretary of State.
(4) Where following the making of such representations the producer and the Secretary of State agree, within the period of nine months beginning with the date on which the producer received notification under paragraph (2), the correct figure for the tar yield of the cigarettes in question, in any proceedings to enforce these Regulations it shall be presumed until the contrary is proved that the tar yield of cigarettes of the same composition is that agreed figure.
(5) Where following the making of such representations the Secretary of State and the producer fail, within the period of nine months beginning with the last date on which the producer received notification under paragraph (2)(b), to agree the correct figure for the tar yield of the cigarettes in question, in any proceedings to enforce these Regulations it shall be presumed until the contrary is proved that the tar yield of cigarettes of the same composition is—
(a) the figure notified to the producer under paragraph (2)(b), or
(b) if different, the figure most recently notified to him before the expiry of that period by the Secretary of State for the purpose of seeking agreement.

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Source: https://www.legislation.gov.uk/uksi/1992/2783/regulation/4 (the official version)
Page: https://openlegislation.uk/cigarettes-maximum-tar-yield-safety-regulations-1992/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.