(1)

A retail package is a package in which tobacco is sold at retail.

Note
Under the definition of tobacco in subregulation 5 (1), tobacco includes cigarettes and cigars.

(2) If several packages are contained inside a larger package, and the whole is offered for retail sale as one unit:

(a)

the larger package is a retail package; and

(b)

each smaller package is a retail package.

Example
Packets of cigarettes in a carton.
(3) However:

(a)

a display case that is not sold with the tobacco displayed in it is not a retail package; and

(b)

a wrapper on, or a container containing, a single cigar is not a retail package; and

(c) if:

(i)

a retail package is normally sold wrapped in a wrapper (including, but not limited to, a transparent wrapper) that is normally removed from the package when the package is opened; and

(ii)

the wrapper is not a larger package described in subregulation (2);

the wrapper is not part of the retail package.