Section 116 Interpretation of Part 5I1

In this Part—

• “cigarette papers” includes anything intended to be used for encasing tobacco products or herbal smoking products for the purpose of enabling them to be smoked;

• “filter” means a filter that is intended to be used when smoking a tobacco product or herbal smoking product (including a filter that forms part of, or that is intended to be inserted into, an item such as a cigarette holder or pipe);

• “herbal smoking product” means a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco;

• “importer”, in relation to a product, means a person who imports the product into the United Kingdom in the course of business;

• “medical device” has the meaning given by the Medical Devices Regulations 2002 (S.I. 2002/618);

• “medicinal product” has the meaning given by the Human Medicines Regulations 2012 (S.I. 2012/1916);

• “nicotine product” has the meaning given by section 117;

• “packaging”, in relation to a product, means—

  1. (a)

     the external packaging of the product (including any wrapper),

  2. (b)

     the internal packaging of the product, or

  3. (c)

     any other material attached to or included with the product or anything within paragraph (a) or (b);

• “production”, in relation to a product, means—

  1. (a)

     the manufacture of the product, or

  2. (b)

     the putting of a name, trademark or other distinguishing mark on the product by a person, the effect of which is to hold the person out as being the manufacturer of the product;

  (whether in the United Kingdom or elsewhere);

• “retail packaging”, in relation to a product, means the packaging in which it is, or is intended to be, presented for sale by retail;

• “supply”, in relation to a product, includes—

  1. (a)

     offering or agreeing to supply it, or

  2. (b)

     exposing or possessing it for supply;

• “tobacco product” means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way;

• “tobacco related device” means—

  1. (a)

     a device, other than a vape, which enables a tobacco product to be consumed (for example, a heated tobacco device or pipe), or

  2. (b)

     an item which is intended to form part of a device within paragraph (a);

• “vape” means—

  1. (a)

     a device which—

     1. (i)

        vaporises substances, other than tobacco, for the purpose of inhalation through a mouthpiece (whether or not it also vaporises tobacco), and

     2. (ii)

        is not a medical device or a medicinal product, or

  2. (b)

     an item which is intended to form part of a device within paragraph (a) (including anything intended to be attached to it with a view to imparting flavour);

• “vaping product” means—

  1. (a)

     a vape, or

  2. (b)

     a vaping substance;

• “vaping substance” means a substance, other than tobacco, that is intended to be vaporised by a vape;

• “vaporises” includes aerosolises (and “vaporised” is to be construed accordingly).