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Tobacco Control Act 2009 - Tobacco Control Regulations 2009

REPUBLIC OF NAURU

TOBACCO CONTROL REGULATIONS 2009

Table of contents

PART I PRELIMINARY

1. Citation
2. Commencement
3. Interpretation

PART II - CONDITIONS FOR DISPLAY OF TOBACCO PRODUCT ADVERTISEMENTS IN SHOPS AND RETAIL PLACES

4. Point of sale advertising - shops and retail places

PART III - DISPLAY OF PRESCRIBED SIGNAGE

5. No-sales-to-children signage
6. No smoking signs in schools, hospitals, enclosed public places and enclosed workplaces

PART IV - INFORMATION TO BE PRINTED ON TOBACCO PRODUCT PACKAGES

DIVISION 1 – GENERAL

7. Interpretation in relation to packaging
8. Retail package must bear warning message and, in certain cases, explanatory message
9. Messages on certain smaller packages
10. Format of warning message and explanatory message
11. Position of warning message and explanatory message
12. Area to be covered by warning message and explanatory message
13. Orientation of message
14. Messages not to be obscured etc.
15. Use of adhesive labels
16. Messages to appear in
17. Minister may approve

DIVISION 2 - RETAIL PACKAGES CONTAINING CIGARETTES

18. Message to be printed on the side of a retail package of cigarettes

DIVISION 3 – CIGARS

19. Packages of cigars must bear certain messages
20. Messages on package with hinged lid
21. Messages on other packages of cigars

PART V – TESTING AND REPORTING ON TAR, NICOTINE AND CARBON MONOXIDE CONTENT OF CIGARETTES

22. Reports on average tar, nicotine and carbon monoxide content of cigarettes
23. Testing methods
24. Minister may request testing
25. Cigarettes that exceed prescribed limits of tar or nicotine

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

______________________

REPUBLIC OF NAURU

TOBACCO CONTROL REGULATIONS 2009

In exercise of the powers conferred upon it by section 30 of the Tobacco Control Act 2009, Cabinet hereby makes the following regulations―

PART I – PRELIMINARY

1. Citation

These Regulations are the Tobacco Control Regulations 2009.

2. Commencement

These Regulations come into force on 1 August 2009, subject to the commencement provisions of the Act.

3. Interpretation

In these Regulations, unless the contrary intention appears –

"cigar" means a roll of cut tobacco for smoking enclosed in a tobacco leaf or the leaf of another plant;

"retail place" includes a kiosk, cart or any other structure if a tobacco product is offered for retail sale to the public from that kiosk, cart or any other structure;

"the Act" means the Tobacco Control Act 2009;

"the Regulations" means any regulations made under the Act and includes these Regulations;

"word" includes an abbreviation, an initial and a number.

PART II - CONDITIONS FOR DISPLAY OF TOBACCO PRODUCT ADVERTISEMENTS IN SHOPS AND RETAIL PLACES

4. Point of sale advertising - shops and retail places

For the purposes of subsection 3(3) of the Act a tobacco product advertisement in a shop or other retail place ―

1. must be within 1 metre of the point of sale;
   
2. if placed on or near a window, must face the inside of the shop or other retail place;
   

100. must not be affixed to the outer side of any outside wall or outer window or door; and
     

4. must not be larger than 500 square centimetres.
   

PART III - DISPLAY OF PRESCRIBED SIGNAGE

5. No-sales-to-children signage

(1) For the purposes of subsection 9(3) of the Act, the prescribed signs relating to the prohibition of the sale of tobacco products to persons under the age of 18 years are the signs set out in Schedule 1, and every retailer of tobacco products shall post within the retail premises or place from which he sells tobacco products at least one copy of each of the two prescribed signs.

(2) The prescribed signs must be-

1. a minimum A3 in size (420 millimetres in width and 297 millimetres in height); and
   
2. displayed in a manner that ensures that they are clearly visible-
   

(i) at an entrance to the premises; or

(ii) at a point of sale on the premises or retail place.

(3) Nothing in this regulation prohibits the use of a sign, in addition to the prescribed signs, that conveys by way of graphics, pictures, symbols or text a message about the prohibition of the sale of tobacco products to persons under the age of 18 years.

6. No smoking signs in schools, hospitals, enclosed public places and enclosed workplaces

(1) For the purposes of section 13 of the Act, the prescribed requirements for the no-smoking signs to be displayed within a school, a hospital, an enclosed public place or an enclosed workplace are-

1. that the signs contain-
   

(i) a no smoking symbol, in the form of a red circle and diagonal line printed over a depiction of a cigarette and smoke, the outer diameter of which is at least 70 millimetres; and

(ii) the phrase "No Smoking" or "Smoking Prohibited" in letters of at least 15 millimetres in height; and

(iii) the statement "It is an offence to smoke in a school, a hospital, an enclosed public place or an enclosed workplace"; and

2. that the signs are displayed in such manner as to ensure that a person is reasonably likely to see one or more of them either on entering the school, hospital, enclosed public place or workplace or from within the enclosed public place or enclosed workplace.
   

(2) Nothing in sub-regulation (1) prohibits the use of signs, in addition to those referred to in sub-regulation (1), that convey by way of graphics, pictures, symbols or text a no smoking message.

(3) For the purposes of paragraph (d) of subsection (1) of section 17 of the Act, the prescribed requirements for health warning signs to be displayed in designated smoking areas are-

1. that the signs contain the words "Health Warning" at the top, followed by the health warnings listed in column 2 of items 1, 4 and 6 of Schedule 2; and
   
2. that the signs are a minimum of A3 in size (420 millimetres in width and 297 millimetres in height; and
   

100. that the text on the signs is black on a white background or white on a red background, and printed in type that is of such a size that the text as nearly as possible fills the background on which it is printed; and
     

4. that the signs are affixed securely to a wall or fixture so that they cannot be easily removed, and positioned inside the designated smoking area in such manner as to ensure that the signs are clearly visible and legible to a person using the designated smoking area.
   

PART IV - INFORMATION TO BE PRINTED ON TOBACCO PRODUCT PACKAGES

Division 1 – General

7. Interpretation in relation to packaging

(1) In this Part, unless the contrary intention appears:

"corresponding explanatory message", in relation to a warning message, means the explanatory message that appears in the same item in Schedule 2 as the warning message;

"explanatory message" means a message set out in Column 3 of Schedule 2;

"face", in relation to retail package of which the outer surface includes 2 or more flat areas that are bounded by edges of the package, means any of those flat areas;

"flip-top pack" means a retail package of the kind commonly called a flip-top pack or hinge-top pack;

"pouch" means a retail package that is:

(a) made from flexible material; and

(b) takes the form of a rectangular pocket with a flap that covers the opening;

"retail package" –

(a) means a package in which a tobacco product is sold at retail;

(b) subject to paragraph (c) hereof, if several packages are contained inside a larger package (for example, packets of cigarettes in a carton) and the whole is offered for retail sale as one unit - includes the larger package and each smaller package therein;

(c) does not include-

(i) a display case that is sold with the tobacco product displayed in it;

(ii) a wrapper on, or a package containing, a single cigar; or

(iii) a larger package which is formed by an outer wrapper of cellophane or other transparent material;

"soft pack" means a retail package of the kind commonly called a soft pack or soft cup;

"warning message" means a message set out in Column 2 of Schedule 2.

(2) For the purposes of these Regulations, unless the contrary intention appears:

1. openings, gaps or edges that are created in a face of a retail package when the package is opened are to be disregarded;
   
2. an area of a surface that bears decorative ridges, embossing, bulges or other irregularities but is otherwise flat is taken to be a flat area;
   

100. a soft pack is taken to be a solid that has all its faces rectangular and that has edges equal in length to the edges of the smallest rectangular solid inside which the pack will fit when it is not compressed;
     

4. a face that has rounded corners but is otherwise square or rectangular is taken to be square or rectangular, as the case requires;
   
5. the surface area of a retail package is the area that would be covered by the outer layer of the package if it were opened out and pressed flat;
   
6. a cylindrical package includes a package that is, in one plane, elliptical, rather than circular, in cross-section.
   

8. Retail package must bear warning message and, in certain cases, explanatory message

Subject to this Division, a retail package of tobacco must bear:

(a) a warning message and the corresponding explanatory message; or

(b) if permitted or required by another provision of these Regulations:

(i) a warning message, the same warning message repeated and the corresponding explanatory message; or

(ii) a warning message and the same warning message repeated.

9. Messages on certain smaller packages

(1) If the largest face of a retail package (other than a retail package of a kind described in item 8 of Schedule 3) has an area of 40 square centimetres or less and would, but for this subregulation, be required to bear an explanatory message; then―

(a) an explanatory message need not be printed on that face; and

(b) both that face and the face on which the warning message is to be printed, must bear the same warning message.

(2) A retail package of a kind described in item 8 of Schedule 3:

1. is not required to bear an explanatory message; and
   
2. must bear a warning message printed on the package twice.
   

10. Format of warning message and explanatory message

Warning message of an explanatory message must be in the following format:

1. the text must be printed:
   

(i) within a black rectangular or square border of which the lines are no wider than the upper case letter "I" in the 18 point type size of the type face prescribed in paragraph (b); and

(ii) on a white background within the border referred to in sub-paragraph (i);

2. the text must be printed in the type face known as Helvetica, in upper case and lower case letters as the text of the message is set out in Schedule 2, in type that is:
   

(i) clear and legible; and

(ii) subject to paragraph (c), of the same height throughout the message; and

(iii) black; and

of normal weight; and

(iv) of such a size that the text as nearly as possible fills the background on which it is printed; and

(c) the headings in the explanatory messages, being a repetition of the corresponding health warnings, must be in type of a point size not greater than 3 points larger than the type used for the remainder of the explanatory message.

11. Position of warning message and explanatory message

(1) For a retail package of a kind described in item 1 or 2 of Schedule 3:

1. the warning message is to be printed:
   

(i) on the face of the package specified in the relevant item; and

(ii) so that the upper edge of the background is no further than 3 millimetres below the upper edge of the face on which the message is printed; and

2. the explanatory message is to be printed:
   

(i) on the face of the package that is opposite to the face on which the warning message is to be printed; and

(ii) so that the upper edge of the background is no further than 3 millimetres below the upper edge of the face on which the message is printed.

(2) For a retail package of the kind described in item 3, 5, 6, or 7 of Schedule 3:

1. the warning message is to be printed on the face of the package specified in the relevant item; and
   
2. the explanatory message is to be printed on the face of the package that is opposite to the face on which the warning message is to be printed.
   

(3) For a pouch described in item 4 of Schedule 3, the warning message is to be printed on the face of the pouch specified in the item.

(4) If the flap of a pouch described in item 4 of Schedule 3 is, in area, less than 33.33% of the area of the face on which the warning message is to be printed, the explanatory message is to be printed:

1. on the face that is partly covered by the flap when the package is closed; and
   
2. not in the area that is covered by the flap when the package is closed.
   

(5) If the flap of a pouch described in item 4 of Schedule 3 is, in area, at least 33.33% of the area of the face on which the warning message is to be printed, the explanatory message is to be printed on the outside of the flap.

(6) For a retail package of a kind described in item 8 of Schedule 3, the two warning messages are to be printed on the package as far apart as possible.

(7) For a retail package of a kind described in item 9 of Schedule 3:

1. the warning message is to be printed on the face of the package specified in the item; and
   
2. the explanatory message is to be printed as far as possible from the warning message on the package.
   

12. Area to be covered by warning message and explanatory message

(1) A warning message that is printed on a retail package of a kind described in items 1 to 7 (inclusive) of Schedule 3 must cover at least 30% of the area of the face on which it is printed.

(2) An explanatory message that is printed on a retail package of a kind described in items 1 to 7 (inclusive) of Schedule 3 must cover at least 30% of the area of the face on which it is printed.

(3) A warning message that is printed on a retail package of a kind described in item 8 or 9 of Schedule 3 must cover at least 15% of the total surface area of the package.

(4) An explanatory message that is printed on a retail package of a kind described in item 9 of Schedule 3 must cover at least 20% of the total surface area of the package.

13. Orientation of message

The text of a warning message or an explanatory message must be oriented as follows:

1. if the face on which the message is to be printed has other text printed on it, and all, or the majority of, that other text is oriented in one direction – the text must be oriented in that direction; or
   
2. if paragraph (a) does not apply, the text may by oriented in any direction.
   

14. Messages not to be obscured etc.

(1) If a message that is required by these Regulations to be printed on a retail package is likely to be obscured or obliterated by a wrapper on the package, the message must be printed on both the wrapper and the package.

(2) A message (other than a message on a carton) must not be likely to be obliterated, removed or rendered permanently unreadable when the retail package on which it is printed is opened in the normal way.

15. Use of adhesive labels

(1) A message that is required by these Regulations to be printed on a retail package may be printed on an adhesive label that is affixed to the retail package.

(2) Subregulation (1) does not apply to a flip-top pack or a soft pack after 20 April 2010.

(3) An adhesive label referred to in subregulation (1) must:

1. comply with these Regulations in all respects other than as specifically set out in this regulation; and
   
2. be affixed to the face of the package on which the message that it bears is required to be printed, but may be affixed anywhere on that face; and
   

100. be fastened firmly to the retail package so as not to be easily removable.
     

(4) An adhesive label referred to in subregulation (1) may be affixed in any orientation.

16. Messages to appear in rotation

(1) Each warning message and (where required by these Regulations) the corresponding explanatory message must 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.

(2) Tobacco is of different kinds for the purposes of subregulation (1) if:

1. it is sold under different brand names; or
   
2. it is sold under one brand name but is distinguished in one or more of the following ways:
   

(i) containing or not containing menthol;

(ii) being differently flavoured;

(iii) having different contents of tar;

(iv) allegedly differing in "mildness";

(v) having or not having filter tips or cork tips;

(vi) being sold in retail packages containing different numbers of pieces;

(vii) being of different length or mass.

17. Minister may approve variation

(1) If, upon receipt and consideration of a written application from a person who imports tobacco or from a manufacturer of tobacco products for permission to sell tobacco products the packaging of which contains messages that do not fulfil all of the requirements prescribed by these Regulations, the Minister determines that the messages on the relevant packaging vary only slightly from the prescribed requirements and are substantially to the same effect as the prescribed requirements, the Minister may approve such variation in packaging.

(2) A written application made under subregulation (1) shall include all details of the manner in which the proposed packaging varies from the requirements prescribed by these Regulations, and shall include a full scale illustration of all relevant faces and surfaces of the proposed packaging.

(3) Any approval by the Minister under subregulation (1) of variation in packaging shall be made in writing and published in the Gazette, giving details of the manner in which the approved variation differs from the prescribed requirements.

(4) Any packaging approved under this regulation shall be deemed to comply with the requirements prescribed by these Regulations.

(5) An approval by the Minister under subregulation (1) shall be valid in respect of the import and sale of the relevant tobacco products by any person, not only by the person who made the application, and, subject to subregulation (6), shall remain valid unless and until it is revoked by the Minister by notice in the Gazette.

(6) Any revocation of approval under subregulation (5) shall take effect sixty days after it is published in the Gazette.

Division 2 - Retail packages containing cigarettes

18. Message to be printed on the side of a retail package of cigarettes

(l) For the purposes of this regulation, a reference to the sides of a retail package containing cigarettes is a reference;

1. in the case of a cylindrical retail package - to those parts of the curved surface of the package that, if the vertical centre-line of the largest brand-name on the curved surface of the package is taken to be at 0 degrees, extend:
   

(i) from 60 degrees to 120 degrees; and

(ii) from 240 degrees to 300 degrees;

around the circumference of a flat face of the package; and

2. in the case of a package that has 2 faces that are hexagonal or octagonal, and of which all the other faces are square or rectangular - to the square or rectangular faces of the package, other than the front and the back; and
   

100. in the case of a carton - to the larger 2 of the 4 faces other than the front and the back; and
     

4. in any other case - to the surfaces of the package, other than the back and the front, that are vertical when the package is held so that the axis of the cigarettes within it is vertical.
   

(2) For the purposes of subregulation (1);

1. the front of a retail package (other than a retail package of a kind described in item 8 or 9 of Schedule 3) is that face of the package on which the warning message is required to be printed; and
   
2. the back of a retail package (other than a retail package of a kind described in item 8 or 9 of Schedule 3) is the face:
   

(i) on which the explanatory message is required to be printed; or

(ii) on which the explanatory message would, but for subregulation 9(1), be required to be printed.

(3) The following message must be printed on a retail package of cigarettes:

• Smoking exposes you to more than 40 harmful chemicals.
  
• These chemicals damage blood vessels, body cells and the immune system.
  
• QUIT NOW to reduce your risk of chronic illness or premature death.
  

(4) The message required by subregulation (3);

1. in the case of a retail package other than a retail package of a kind described in item 8 or 9 of Schedule 3 - must be printed:
   

(i) if both or all of the sides of the package are the same in area - on one side of the package; or

(ii) if one side of the package is larger than the other or others - on the larger or largest side; or

(iii) if 2 or more sides of the package are larger than the other or others - on one of those larger sides; or

2. in the case of a retail package of a kind described in item 8 or 9 of Schedule 3- may be printed anywhere on the package.
   

(5) The message required by sub-regulation (3) must be printed:

1. in the type face known as Helvetica, in type that is:
   

(i) and legible ; and

(ii) black; and

(iii) of normal weight; and

(vi) of such size that the text as nearly as possible fills the background on which it is printed; and

b) in upper and lower case, as the text of the message is set out in subregulation (3) and

c) if the message is required to appear on the side of the package, oriented so that the lines of type making up the message are parallel to the longest edges of the face on which the message is printed; and

d) on a rectangular or square background of the kind set out in subregulation (6)

(6) The background referred to in paragraph (d) of subregulation (5):

(a) must be white; and

(b) must occupy:

(i) in the case of a retail package other than a flip-top pack, a carton or a package of a kind described in item 8 or 9 of Schedule 5, the whole of one side; or

(ii) in the case of carton, at least 25% of the side on which the message is printed; or

(iii) in the case of a flip-flop pack, the whole of one side except the part of that side that forms the top; or

(iv) in the case of a retail package of a kind described in item 8 or 9 of Schedule 3, at least 9% of the total surface area of the package.

Division 5 – Cigars

19. Packages of cigars must bear certain messages

A retail package containing cigar must bear:

(a) a warning message, and the corresponding explanatory message, in accordance with Division 1; or

(b) a warning message, the warning message repeated, and the corresponding explanatory message, in accordance with regulation 20; or

(c) a warning message and the corresponding explanatory message, in accordance with regulation 21.

20. Messages on package with hinged lid

(l) A warning message and explanatory message may be printed on a retail package in accordance with this regulation if and only if the package has a hinged lid formed by one face of the package.

(2) A retail package containing cigars bears a warning message and the corresponding explanatory message in accordance with this sub-regulation if:

1. the warning message is printed on both the outside of the lid and the base of the package; and
   
2. each warning message occupies at least 25% of the area of the face on which it is printed; and
   

100. the explanatory message is printed on the inside surface of the lid; and
     

4. the explanatory message occupies at least 33% of the area of the inside surface of the lid; and
   
5. the warning message and the explanatory message are otherwise in accordance with Division 1.
   

21. Messages on other packages of cigars

A retail package containing cigars bears a warning message and the corresponding explanatory message in accordance with this regulation if:

1. the warning message is printed on the face of the package that is specified in schedule 3 for a package of that kind; and
   
2. the corresponding explanatory message is printed on the face of the package that is opposite to the face on which the warning message is, under paragraph (a), to be printed; and
   

100. the areas occupied by the warning message and the explanatory message are as set out in the item of Schedule 4 that applies to that package; and
     

4. the warning message and the explanatory message are otherwise in accordance with Division 1.
   

PART V – TESTING AND REPORTING ON TAR, NICOTINE AND CARBON MONOXIDE CONTENT OF CIGARETTES

22. Reports on average tar, nicotine and carbon monoxide content of cigarettes

(1) Any person who imports cigarettes to Nauru shall, at least once in each calendar year, submit to the Minister responsible for health a report which, in respect of each different kind of cigarette product that person has imported to Nauru in the preceding year, provides the following details:

1. the average amounts of tar, nicotine and carbon monoxide, respectively, produced by a cigarette, when cigarettes of that kind are tested according to the testing methods specified in regulation 23; or
   
2. if, when cigarettes of that kind are tested according to the testing methods specified in regulation 23;
   

(i) the average amount of tar produced by a cigarette does not exceed 15 milligrams; and

(ii) the average amount of nicotine produced by a cigarette does not exceed 1.5 milligrams; and

(iii) the average amount of carbon monoxide produced by a cigarette does not exceed 20 milligrams;

figures worked out by taking from the columns of Schedule 5 that relate respectively to tar, nicotine, and carbon monoxide the lowest figures that are greater than or equal to the average amount of tar, nicotine, and carbon monoxide, respectively, produced by a cigarette of that kind.

(2) A person who imports cigarettes to Nauru shall be deemed to have fulfilled their reporting obligation under subregulation (1) if each manufacturer of tobacco products whose products the person imports submits to the Minister responsible for health a report that complies with the requirements of subregulation (1) and regulation 23.

23. Testing methods

(1) The testing methods to be used for the purposes of sub-regulation 22(1) to determine the average amount of tar, nicotine and carbon monoxide produced by a cigarette are the following standard methods published by the International Standards Organisation;

1. tar-ISO 4387 (Determination of total and nicotine-free dry particulate matter using a routine analytical smoking machine); .
   
2. nicotine-ISO 10315 (Cigarettes-determination of nicotine in smoke condensates-gas chromatographic method);
   

100. carbon monoxide-ISO 8454 (Cigarettes-determination of carbon monoxide in the vapour phase of smoke (NDIR method)).
     

(2) The testing methods specified in subregulation (1) are to be used in accordance with the following standards published by the International Standards Organisation:

1. ISO 3308 (Routine analytical cigarette-smoking machine-definitions and standard conditions);
   
2. ISO 8243 (Cigarettes-sampling);
   

100. ISO 3402 (Tobacco and tobacco products-atmosphere for conditioning and testing).
     

24. Minister may request testing

The Minister responsible for health may at any time submit any kind of cigarette to testing in accordance with the testing methods prescribed in regulation 23, and may send samples of cigarettes to a place outside Nauru for the purpose of such testing.

25. Cigarettes that exceed prescribed limits of tar or nicotine

(1) If the results of tests reported to the Minister under regulation 22 or regulation 24 show that any of the tested products exceed the limits of tar or nicotine levels prescribed under section 7 of the Act, cigarettes of that kind shall not be sold.

(2) A person commits an offence under section 7 of the Act if he sells cigarettes that he knows or can reasonably be expected to know exceed the prescribed limits of tar or nicotine levels, notwithstanding that he has not yet submitted a report under regulation 22 or that the cigarettes have not been tested under regulation 24.

SCHEDULE 1

Regulation 5

PROHIBITION OF THE SALE OF TOBACCO PRODUCTS TO MINORS SIGNS

SCHEDULE 2

Regulation 8

WARNING MESSAGES AND EXPLANATORY MESSAGES

SCHEDULE 5

Regulation 11

POSITIONS ON RETAIL PACKAGES WHERE WARNING
MESSAGE IS TO BE PRINTED

SCHEDULE 4

Regulation 21

AREAS TO BE OCCUPIED BY MESSAGES
ON CERTAIN PACKAGES OF CIGARS

SCHEDULE 5

Regulation 22

FIGURES FOR DESCRIBING AVERAGE AMOUNTS OF TAR, NICOTINE AND CARBON MONOXIDE