OpenLegislation

The Tobacco and Related Products Regulations 2016 in Scotland

S.I. 2016/507 · Made 18 April 2016 · Extends to United Kingdom

Not fully up to date. 8 changes made by later legislation have not yet been written into this text, which is revised to 29 October 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 1omittedTobacco and Vapes Act 2026 Sch. 21 para. 19
reg. 12(1)words substitutedTobacco and Vapes Act 2026 Sch. 21 para. 14
Pt. 7omittedTobacco and Vapes Act 2026 Sch. 21 para. 15
reg. 48(e)omittedTobacco and Vapes Act 2026 Sch. 21 para. 16
reg. 50(2)-(4)omittedTobacco and Vapes Act 2026 Sch. 21 para. 17(2)
reg. 50(5)words omittedTobacco and Vapes Act 2026 Sch. 21 para. 17(3)
reg. 50(7)words omittedTobacco and Vapes Act 2026 Sch. 21 para. 17(4)
reg. 53(5)omittedTobacco and Vapes Act 2026 Sch. 21 para. 18

Consumer Protection

Made 18th April 2016

Laid before Parliament 22nd April 2016

Coming into force 20th May 2016

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1.

The Secretary of State has been designated for the purposes of section 2(2) of the European Communities Act 1972 (“the 1972 Act”) in relation to tobacco, tobacco products, nicotine, nicotine products and herbal products for smoking M2.C1

Annotations to the whole text

Marginal citations

M1

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative Reform Act 2006 (c.51) and section 3(3) of and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and amended by section 3(3) of and Part 1 of the Schedule to the European Union (Amendment) Act 2008. Under section 57(1) of the Scotland Act 1998 (c.46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under Community law in relation to devolved matters, the functions of the Secretary of State in relation to implementing these obligations continues to be exercisable by him as regards Scotland.

M2

S.I. 2014/2705.

Modifications

C1

Regulations modified (29.4.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 106, 176(1) (with s. 166)

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. 1AExtent
  4. 2Interpretation
  5. 3Meaning of producer and supplier etc.
  6. 4Meaning of unit and container pack and the surfaces of a pack
  7. Part 2: Labelling of tobacco products
  8. 5Combined health warnings on tobacco products for smoking
  9. 5ARevision of text warnings, photographs and technical specifications : GB tobacco products
  10. 6Range and rotation of combined health warnings
  11. 7General warnings and information messages on tobacco products for smoking
  12. 8Position of general warning and information message on cigarettes and hand rolling tobacco
  13. 9Labelling of large cigars and individually wrapped cigars and cigarillos
  14. 10Health warning on smokeless tobacco products
  15. 11General conditions applicable to all health warnings on tobacco products
  16. 12Images of tobacco products targeted at consumers
  17. Part 3: Emissions, additives and other prohibited ingredients and products
  18. 13Maximum emission levels of cigarettes
  19. 14Measurement and verification of emission levels
  20. 15No flavoured cigarettes or hand rolling tobacco etc.
  21. 16No vitamins, colourings or prohibited additives in tobacco products
  22. 16ARegulations: procedures for determining characterising flavour : GB tobacco products
  23. 17Tobacco for oral use Repealed
  24. Part 4: Reporting about tobacco products
  25. 18Specified information about tobacco products
  26. 19Ingredients information
  27. 20Emissions information
  28. 20APriority list of additives - enhanced reporting
  29. 20BResearch study into additives
  30. 21Sales data and market research information
  31. 22Notification of novel tobacco products
  32. 23Deadline for notification of novel tobacco products
  33. 24Further information about novel tobacco products
  34. 25Submission of information
  35. 26Use of information
  36. 27No supply of tobacco product where reporting obligation not complied with
  37. Part 5: Herbal products for smoking
  38. 28Labelling and presentation of herbal products for smoking
  39. 29Ingredients information for herbal products for smoking
  40. 30Herbal products for smoking - supplementary
  41. Part 6: Electronic cigarettes
  42. 31Notification about electronic cigarettes and refill containers
  43. 32Annual reporting requirement
  44. 33Submission of information
  45. 34Secretary of State duty to publish notifications etc.
  46. 35No supply of product where notification not complied with
  47. 36Product requirements
  48. 37Product information and labelling requirements
  49. 38Product presentation requirement
  50. 39Vigilance requirements
  51. 40Action to protect human health
  52. Part 7: Electronic cigarette advertising
  53. 41Interpretation of Part 7
  54. 42No advertising of electronic cigarettes in the press etc.
  55. 43No advertising of electronic cigarettes in information society services
  56. 45Amendment of section 319 of and Schedule 11A to the Communications Act 2003 (product placement of electronic cigarettes on television)
  57. 46Amendment of Part 4A of the Communications Act 2003 (on-demand programme services)
  58. Part 8: Distance sales to consumers
  59. Part 9: Penalties and enforcement
  60. 48Offences
  61. 49False or misleading information
  62. 50Defences
  63. 51Penalties
  64. 52Offences by bodies corporate and Scottish partnerships
  65. 53Enforcement
  66. Part 9A: FEES: Great Britain
  67. 53AFees for determining characterising flavour, toxicity, addictiveness or CMR properties: Great Britain
  68. Part 10: Miscellaneous provisions
  69. 54ZARegulations: Great Britain
  70. 54ZBRegulations: duty to consult
  71. 54Revocation
  72. 55Saving for tobacco product identification marking
  73. 56Transitional provisions
  74. 57Saving for product placement of electronic cigarettes in television programmes the production of which began before 20th May 2016
  75. 58Review
  76. Signature
  77. Schedule A1Picture Library (of combined health warnings)
  78. Schedule 1: Liability of intermediary information society service providers
  79. 1Mere conduits
  80. 2Caching
  81. 3Hosting
  82. Schedule 2Priority list of additives used in cigarettes and hand rolling tobacco subject to enhanced reporting obligations
  83. Explanatory note