PART 1U.K.Introduction

InterpretationU.K.

2.—(1) In these Regulations—

“the 2002 Regulations” means the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 M1;

“addictiveness” means the pharmacological potential of a substance to cause addiction, that is, a state which affects an individual's ability to control his or her behaviour, typically by instilling a reward or a relief from withdrawal symptoms, or both, and “addictive” is to be construed accordingly;

“additive” means a substance, other than tobacco, that is added to a tobacco product, unit pack or container pack;

“brand name”, in relation to a particular product, means the primary name by which the product is known;

“calendar year” means a period of 12 months beginning with 1st January and ending with 31stDecember;

[F1“CAS Registry number” means the number assigned to a substance by the Chemical Abstracts Service;]

“characterising flavour” means a smell or taste other than one of tobacco which—

including, but not limited to, fruit, spice, herbs, alcohol, candy, menthol or vanilla;

“cigarette” means a tobacco product that can be consumed by means of a combustion process and which is either—

“cigar” means a tobacco product that can be consumed by means of a combustion process and, given its properties and normal consumer expectations, is exclusively intended to be smoked as it is, and which is either—

“cigarillo” means a cigar with a unit weight of not more than 3 grams;

“chewing tobacco” means a smokeless tobacco product which is exclusively intended for the purpose of chewing;

“CMR properties” means properties which are carcinogenic, mutagenic or toxic for reproduction;

“consumer” means a natural person who is acting for purposes which are outside that person's trade, business, craft or profession;

“container pack” has the meaning given to it in regulation 4(2);

“cross border distance sale” has the meaning given to it in regulation 3(4);

“electronic cigarette” means a product that—

“emissions” means substances that are released when a tobacco product or related product is consumed as intended;

[F2“GB related product” means a related product which is produced for supply, or is supplied, for consumption in Great Britain or through the GB travel retail sector;

“GB tobacco product” means a tobacco product which is produced for supply, or is supplied, for consumption in Great Britain or through the GB travel retail sector;

“the GB travel retail sector” means retail outlets in Great Britain at which tobacco products or related products may be purchased only by people travelling on journeys to destinations outside Great Britain;]

“hand rolling tobacco” means a tobacco product which is not a cigarette and can be used after retail sale for making cigarettes;

“herbal product for smoking” means a product based on plants, herbs or fruits which contains no tobacco and that can be consumed via a combustion process;

“ingredient” means the tobacco, any additive, as well as any other substance or element present in a finished tobacco product or related product, including paper, filter, ink, capsules and adhesives;

“ISO 4387” means the international standard entitled “Cigarettes: Determination of total and nicotine-free dry particulate matter using a routine analytical smoking machine”, ISO 4387:2000, third edition, published by the International Organisation for Standardisation on 1st April 2000 and amended by Amendment 1:2008 dated 15th September 2008;

“ISO 10315” means the international standard entitled “Cigarettes: Determination of nicotine in smoke condensates. Gas chromatographic method”, ISO 10315:2013, third edition, published by the International Organisation for Standardisation on 31st March 2013, and corrected by Corrigendum dated 1st November 2014;

“ISO 8243” means the international standard entitled “Cigarettes: Sampling”, ISO 8243:2013, fifth edition, published by the International Organisation for Standardisation on 31stJuly 2013;

“ISO 8454” means the international standard entitled “Cigarettes: Determination of carbon monoxide in the vapour phase of cigarette smoke: NDIR method”, ISO 8454:2007, third edition, published by the International Organisation for Standardisation on 1st June 2007 and amended by Amendment 1:2009 dated 15th October 2009;

“medical device” has the meaning given to it by regulation 2 of the Medical Devices Regulations 2002 M2;

“medicinal product” has the meaning given to it by regulation 2 of the Human Medicines Regulations 2012 M3;

“nasal tobacco” means a smokeless tobacco product that can be consumed via the nose;

[F3“NI related product” means a related product which is produced for supply, or is supplied, for consumption in Northern Ireland or through the NI travel retail sector;

“NI tobacco product” means a tobacco product which is produced for supply, or is supplied, for consumption in Northern Ireland or through the NI travel retail sector;

“the NI travel retail sector” means retail outlets in Northern Ireland at which tobacco products or related products may be purchased only by people travelling on journeys to destinations outside Northern Ireland;]

“nicotine” means nicotinic alkaloids;

“novel tobacco product” means a tobacco product which—

“pipe tobacco” means tobacco that—

“pouch” means a unit pack of hand rolling tobacco either in the form of a rectangular pocket with a flap that covers the opening or in the form of a standing pouch;

“produce” and “producer” have the meaning given to them by regulation 3(1);

“refill container” means a receptacle that—

“related product” means a herbal product for smoking, an electronic cigarette or a refill container;

[F4“retailer” means a person who sells, or offers or agrees to sell, a tobacco product or related product to a consumer;]

“retail sale” means sale to a consumer;

“smokeless tobacco product” means a tobacco product that is consumed in a way which does not involve a combustion process (including chewing tobacco, nasal tobacco and tobacco for oral use);

“supply” and “supplier” have the meaning given to them by regulation 3(2);

“tar” means the raw anhydrous nicotine-free condensate of smoke;

“tobacco” means leaves and other natural processed or unprocessed parts of tobacco plants, including expanded and reconstituted tobacco;

“tobacco for oral use” means a tobacco product which is—

“tobacco product” means a product that can be consumed and consists, even partly, of tobacco;

“tobacco product for smoking” means a tobacco product other than a smokeless tobacco product;

“Tobacco Products Directive” means Directive 2014/40/EU of the European Parliament and the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products M4;

“toxicity” means the degree to which a substance can cause harmful effects in the human organism, including effects occurring over time, usually through repeated or continuous consumption or exposure, and “toxic” is to be construed accordingly;

[F5“travel retail sector” means—

“unit pack” has the meaning given to it in regulation 4(1);

“variant name”, in relation to a particular product, means any name by which that product is distinguished from other products under the same brand name;

“waterpipe tobacco” means a tobacco product that can be consumed by means of a waterpipe, and for the purposes of these Regulations—

(2) For the purposes of these Regulations, data or information are available to a person if that person is able, by reasonable endeavour, to identify their existence and obtain a copy.