2023 No. 920

Consumer Protection, Northern Ireland

The Tobacco and Related Products (Amendment) (Northern Ireland) Regulations 2023

Made17th August 2023

Coming into force23rd October 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8C(1)(c) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018¹.

In accordance with paragraph 8F(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

1 Citation and commencement¶

1 These Regulations may be cited as the Tobacco and Related Products (Amendment) (Northern Ireland) Regulations 2023.

2 These Regulations come into force on 23rd October 2023.

2 Extent¶

These Regulations extend to Northern Ireland only.

3 Amendment of the Tobacco and Related Products Regulations 2016¶

1 The Tobacco and Related Products Regulations 2016² are amended as follows.

2 In regulation 1A (extent), before sub-paragraph (3)(a), insert—

3 After regulation 15, insert—

15A No flavoured NI heated tobacco products

1 No person may produce or supply NI heated tobacco products with a characterising flavour.

2 No person may produce or supply NI heated tobacco products with—

a a filter, paper, package, capsule or other component containing flavourings;

b a filter, paper or capsule containing tobacco or nicotine; or

c a technical feature allowing the consumer to modify the smell, taste, or smoke intensity of the product.

3 In this regulation, “NI heated tobacco product” means a novel tobacco product which—

a is heated to produce an emission containing nicotine and other chemicals, which is then inhaled by the user; and

b is produced for supply, or is supplied, for consumption in Northern Ireland or through the NI travel retail sector.

Footnotes

1
2018 c. 16; section 8C was inserted by section 21 of the European Union (Withdrawal Agreement) Act 2020 (c. 1).
2
S.I. 2016/507, amended by S.I. 2016/1127, S.I. 2017/409 and S.I. 2019/41.