S.I. No. 327/1991:

EUROPEAN COMMUNITIES (TAR YIELD OF CIGARETTES) REGULATIONS, 1991

EUROPEAN COMMUNITIES (TAR YIELD OF CIGARETTES) REGULATIONS, 1991

1. In exercise of the powers conferred on me by Section 3 of the European Communities Act, 1972 (No. 27 of 1972), I hereby make the following Regulations.

2. These Regulations may be cited as the European Communities (Tar Yield of Cigarettes) Regulations, 1991.

3. These Regulations shall come into operation on the 31st day of December, 1992.

In these Regulations "cigarette" does not include hand rolling tobacco.

4. The tar yield of a cigarette shall not exceed:

--15 mg per cigarette with effect from 31st December, 1992, and

--12 mg per cigarette with effect from 31st December, 1997.

5. A cigarette manufactured and packed at the dates referred to in article 4 of these Regulations, which does not comply with these Regulations may, notwithstanding that article, be marketed for a period of two years thereafter.

6. The tar yields of a cigarette shall be measured according to ISO standards 4387 and 3400 or any ISO standard which amends or replaces either or both ISO standards 4387 and 3400.

7. The tar yields of a cigarette shall be verified according to ISO standard 8243.

8. These Regulations may be enforced by officers of the Minister and by officers of health boards established under the Health Act, 1970 (No. 1 of 1970 ).

9. Subject to article 5 of these Regulations, no person engaged in the manufacture, importation or distribution of cigarettes shall place cigarettes on sale which do not comply with article 4 of these Regulations.

10. A person who contravenes these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 and, in the case of a continuing offence, to a further fine not exceeding £1,000 and, in the case of a continuing offence, to a further fine not exceeding £1,000 for each day it is continued.

GIVEN under the Official Seal of the Minister for Health, this 10th

day of December, 1991.

MARY O' ROURKE,

Minister for Health.

EXPLANATORY NOTE.

These Regulations limit the maximum tar yield of cigarettes to 15 mg per cigarette from 31st December, 1992 and 12 mg per cigarette from 31st December, 1997.

The Regulations which implement Council Directive (90/239/EEC) on the approximation of the laws, regulations and administrative provisions of the Member States concerning the maximum tar yield of cigarettes.