Technical Paper 2:
Tobacco Control in Australia: making smoking history
Attachment 1: Proposed amendment concerning plain packaging, UK Health Bill
Lord Walton Of Detchant
Lord Faulkner Of Worcester
After Clause 22, insert the following new Clause –
“Plain packaging of tobacco products etc.
- The Secretary of State may make regulations imposing such requirements as he considers necessary prohibiting or restricting the sale or supply of tobacco products otherwise than in packages or packaging which comply with the regulations.
- The regulations made by the Secretary of State in subsection (1) may impose such requirements the Secretary of State considers necessary or expedient with respect to any one or more of the following particulars –
(a) the colour of the packages or packaging;
(b) the shape and material of the packages or packaging;
(c) distinctive marks displayed on the packages or packaging;
(d) trade marks or registered trade marks displayed on the packages or packaging;
(e) the labelling in any respect of packages, packaging or tobacco products, or associated with packages, packaging or tobacco products;
(f) the contents inside the packages or packaging, in addition to tobacco products; and
(g)any other particulars as may be prescribed by the Secretary of State.
- Regulations made under this section may provide that packages or packaging of any such description, or falling within any such class, as may be specified in the regulations shall not, except in such circumstances (if any) as may be so specified, be of any such colour or shape, or display any such mark or trade mark, or any other particulars as may be so specified.
- No person shall, in the course of a business carried on by him, sell or supply, or have in his possession for the sale or supply, any tobacco product, package, or packaging in such circumstances as to contravene any requirements imposed by regulations under this section which are applicable to that tobacco product, package, or packaging.
- Any regulations made under this section may provide that any person who contravenes the regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding a level on the standard scale specified in regulations made by the Secretary of State.
- Before making any regulations under this section, the Secretary of State shall consult such persons as are likely to him to be substantially affected by those regulations.
- For the purposes of this Act –
“package” shall mean the packet, container, wrapping or other receptacle which contains or is to contain the tobacco products;
“packaging” shall mean all products made of any material to be used for the containment, protection, handling, transporting, delivery, sale and presentation of the packages;
“tobacco product” shall include cigarettes, cigars and any other product containing tobacco and intended for oral or nasal use and smoking mixtures intended as a substitute for tobacco, and the expression “cigarettes” includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking, and cigarette papers, tubes and filters;
“trade mark” and “registered trade mark” shall have the same meaning as in section 1 of the Trade Marks Act 1994 (c. 26).
- Regulations made by the Secretary of State under this section –
(a) may make different provision for different cases; and
(b) may contain such incidental supplemental, consequential and transitional provision as the Secretary of State thinks fit.
- The powers of the Secretary of State under this subsection shall be exercisable by statutory instrument which shall be subject to the affirmative resolution procedure.”