Commonwealth Numbered Regulations - Explanatory Statements

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TRADE PRACTICES (CONSUMER PRODUCT INFORMATION STANDARDS) (TOBACCO) REGULATIONS 2004 2004 NO. 264

Section 172(1) of the Trade Practices Act 1974 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Subsection 65D(1) of the Act provides that a corporation shall not, in trade or commerce, supply goods that are intended to be used, or are of a kind likely to be used, by a consumer, if the goods are of a kind in respect of which there is a consumer product information standard and they do not comply with that standard.

Subsection 65D(2) of the Act provides that a regulation may, in respect of goods of a particular kind, prescribe a consumer product information standard consisting of such requirements as to: the disclosure of information relating to the performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging of the goods; and the form and manner in which that information is to be disclosed on or with the goods; as are reasonably necessary to give persons using the goods information as to the quantity, quality, nature or value of the goods.

The purpose of the proposed Regulations is to provide consumers with upgraded warnings about the effects of smoking on health, which incorporate both colour graphic and text warnings.

Details of the proposed Regulations are as follows:

Part 1 Preliminary

Regulation 1 gives the name of the Regulations as the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004.

Regulation 2 states that the Regulations commence on 1 September 2004.

Regulation 3 repeals the current regulations, Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations, Statutory Rules 1994 Nos. 83 and 408.

Regulation 4 states that these Regulations apply to tobacco that is manufactured in Australia or imported into Australia, and that the Regulations do not apply to tobacco for export and cigars sold singly.

Regulation 5 provides definitions and also advises how the Regulations are to be interpreted.

Regulation 6 defines a retail package.

Part 2 Labelling of retail packages

Regulation 7 provides for retail packages manufactured in Australia, or imported into Australia, before 1 March 2006 to be labelled in accordance with either the current set of six text warnings or the new colour graphic and text warnings. A retail package manufactured in Australia, or imported into Australia, on or after 1 March 2006, must be labelled with the new warnings.

Part 3 details the current labelling requirements for retail packages manufactured or imported before 1 March 2006

Division 1 General

Regulation 8 provides the definitions for Part 3 which details the requirements for text only warning labels in their current format.

Regulation 9 requires retail packages to bear warning messages, and in certain cases, the corresponding explanatory message.

Regulation 10 provides for the warning labelling of certain smaller sized retail packages.

Regulation 11 prescribes the format of the warning and explanatory message.

Regulation 12 prescribes the position of the warning message and explanatory message.

Regulation 13 prescribes the area to be covered by the warning message and explanatory message.

Regulation 14 prescribes the orientation of the text of a warning message or explanatory message.

Regulation 15 requires that messages are not to be obscured or obliterated by a wrapper on the package. If the message is likely to be obscured or obliterated, it must be printed on both the wrapper and the package. It also requires that a message must not be obliterated when the retail package on which it is printed is opened in the normal way.

Regulation 16 prescribes that a message that is required to be printed on a retail package (other than a flip-top pack or a soft pack) may be printed on an adhesive label that is affixed to the retail package in any orientation.

Regulation 17 requires each warning message and explanatory message to be printed in rotation on retail packages of tobacco, so that, during the period of 12 months beginning on 1 January in each year, each message appears as nearly as possible on an equal number of retail packages of each kind of tobacco.

Division 2 Retail packages containing cigarettes

Regulation 18 states that Division 2 applies to a retail package containing cigarettes.

Regulation 19 prescribes the message to be printed on the side of retail packages of cigarettes, viz:

The smoke from each cigarette contains, on average:

(xx)       milligrams or less of tar-condensed smoke containing many chemicals, including some that cause cancer.

(yy)       milligrams or less of nicotine-a poisonous and addictive drug.

(zz)       milligrams or less of carbon monoxide-a deadly gas which reduces the ability of the blood to carry oxygen.

Regulation 20 prescribes the testing methods to be used to determine the average amounts of tar, nicotine and carbon monoxide produced by a cigarette.

Division 3 Retail packages containing cigars

Regulation 21 states that Division 3 applies to retail packages containing cigars.

Regulation 22 requires retail packages containing cigars to bear specified warning messages.

Regulation 23 details the requirements for warning messages and explanatory messages on packages of cigars with a hinged lid, and states that each warning message must occupy at least 25% of the area of the face on which it is printed and the explanatory message must occupy at least 33% of the area of the inside surface of the lid.

Regulation 24 details the requirements for warning messages and explanatory messages on other packages of cigars.

Part 4 Labelling-retail packages (including retail packages manufactured or imported on or after 1 March 2006)

Division 1 General

Regulation 25 details the definitions applicable to Division 1.

Regulation 26 prescribes the format of the warning and explanatory messages on retail packages.

Regulation 27 prescribes the format of the information message.

Regulation 28 prescribes the orientation of the text of a warning message, explanatory message or information message. If the face on which the message is to be printed has other text printed on it, and the majority of that other text is oriented in one direction, the message text must be oriented in that direction.

Regulation 29 states that a message must not be obscured or obliterated by a wrapper on a retail package, and a message must not be likely to be obliterated, removed or rendered permanently unreadable when a retail package is opened.

Regulation 30 provides that a message that is required to be printed on a retail package (other than a flip-top pack, soft pack or carton) may be printed on an adhesive label that is affixed to the retail package.

Regulation 31 requires that graphic images for health warnings be printed without distortion.

Regulation 32 permits the cropping of graphic images where necessary, provided the effect of the image is not affected.

Division 2 Cigarettes and loose or pipe tobacco

Subdivision 1 General

Regulation 33 states that this Division applies to retail packages containing cigarettes or loose or pipe tobacco.

Regulation 34 prescribes the definitions for Division 2.

Regulation 35 specifies that cigarette packages must be labelled in accordance with specifications listed in Division 2.1.1 of Schedule 2. Packages of loose or pipe tobacco must be labelled in accordance with the specifications listed in Division 2.1.2 of Schedule 2. This requires cigarette packages to be labelled with a warning message and corresponding graphic covering at least 30% of the front face and a warning message, corresponding graphic and explanatory message covering at least 90% of the back face. Packages of loose or pipe tobacco must be labelled with a warning message and corresponding graphic covering at least 30% of the front face of the pack and a warning message, corresponding graphic and explanatory message covering 50% of the back face.

Regulations 36 and 37 specify a rotation system for the health warnings on cigarettes and loose or pipe tobacco, and changeover arrangements. Cigarette packages are to use a set of 7 messages in the first year of the new warnings, followed by another set of 7 messages in the second year. This system will continue for the life of the Regulations.

Regulation 38 specifies that for health warnings for small and unusual shaped packages of loose or pipe tobacco the rotation period is 24 months.

Regulation 39 defines what are different kinds of cigarettes and loose or pipe tobacco for the purpose of Regulations 36 and 37.

Division 3 Cigars

Regulation 40 states that Division 3 applies to a retail package containing cigars.

Regulation 41 prescribes the definitions for Division 3.

Regulation 42 prescribes that retail packages of cigars must be labelled with the warning message and corresponding graphic. The warning must cover at least 25% of the total area of the front face of the package and the warning message and corresponding explanatory message must cover at least 33% of the total area of the back face of the package.

Regulation 43 specifies a maximum size required for health warnings on packages of cigars, which for large packages overrides the nominal requirement that warnings shall cover 25% of the front and 33% of the back.

Regulation 44 prescribes that each warning message, corresponding explanatory message and corresponding graphic must be printed in rotation on retail packages of cigars so that, in any period of 24 months beginning on or after 1 March 2006, each message appears as nearly as possible on an equal number of retail packages of each brand.

Division 4 Bidis

Regulation 45 states that this Division applies to retail packages containing bidis.

Regulation 46 prescribes that a retail package of bidis must bear one of five text warnings set out in Part 2.7 of Schedule 2.

Regulation 47 prescribes the format of the warning message.

Regulation 48 provides that each warning message must be printed in rotation on retail packages of bidis so that during any two year period beginning on or after 1 March 2006, each message appears as nearly as possible on an equal number of retail packages of each brand of bidis.

Division 5 Nasal snuff

Regulation 49 states that this Division applies to nasal snuff.

Regulation 50 provides that a retail package of nasal snuff must bear one of the two messages set out in Part 2.8 of Schedule 2.

Regulation 51 prescribes that the message must cover at least 25% of the total area of the face of the lid of the package and be in the specified format.

Regulation 52 provides that the warning messages in Regulation 50 must be printed in rotation on retail packages of nasal snuff so that in any 24 month period beginning on or after 1 March 2006, each message appears, as nearly as possible, on an equal number of retail packages.

Schedule 1 Requirements for tobacco labelling for Part 3

Part 1.1 details six text warning messages and corresponding explanatory messages for retail packages of cigarettes.

Part 1.2 prescribes the positions on the different types of retail packages where the warning message is to be printed.

Part 1.3 prescribes the figures for describing average amounts of tar, nicotine and carbon monoxide.

Part 1.4 prescribes the areas to be occupied by messages on certain packages of cigars.

Schedule 2 Requirements for tobacco labelling for Part 4

Part 2.1 details the labelling requirements for cigarettes, loose or pipe tobacco and cigars.

Division 2.1.1 details the labelling requirements for all the different retail packages of cigarettes (flip top pack, soft pack, carton, rectangular or square shaped pack (other than a carton), hexagonal or octagonal prism shaped pack, cylindrical shaped pack, irregularly shaped pack).

Division 2.1.2 details the labelling requirements for retail packages of loose or pipe tobacco (vertical pouch, horizontal pouch, cylindrical shaped package with a height of at least 41 mm, cylindrical shaped package or tin with a height of less than 41 mm, rectangular or square tin or package, irregular shaped pack).

Division 2.1.3 details the labelling requirements for cigars (package with hinged lid, flip top pack, soft pack, rectangular or square shaped pack, rectangular or square shaped pack or tin the front face of which has a width of less than 61 mm, cylindrical pack, hexagonal or octagonal prism shaped pack, irregular shaped packs).

Part 2.2 specifies the warning messages, explanatory messages and graphics for cigarettes and loose or pipe tobacco and cigars.

Division 2.2.1 specifies the warning messages, explanatory messages and graphics for cigarettes and loose or pipe tobacco.

Division 2.2.2 specifies the warning message, explanatory message and graphic for small and irregular shaped packages.

Division 2.2.3 specifies the warning message, explanatory message and graphic images for cigars.

Part 2.3 specifies the layout for retail packages of cigarettes and loose or pipe tobacco.

Division 2.3.1 defines the meaning of layout.

Division 2.3.2 provides illustrations of permitted layouts for the front of packages.

Division 2.3.3 provides illustrations of permitted layouts for the backs of packages.

Part 2.4 provides an example of the front and back layouts of the health warnings for cigar packs.

Part 2.5 specifies the information message for the side of the pack.

Part 2.6 specifies the Quitline logo.

Part 2.7 specifies the warning messages for bidis.

Part 2.8 specifies the warning messages for nasal snuff.