Section 53 Sale of unpackaged cigarettesI1

The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.

After section 4D insert—

“Sale of unpackaged cigarettes

4E

(1)

A person who sells cigarettes that are not in their original packaging commits an offence.

(2)

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)

In this section—

• “original packaging” means the retail packaging in which the cigarettes were supplied to the person for the purpose of sale;

• “sell” means sell by retail.”

In section 35(1), at the appropriate place insert—

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