A 2
[Subsidiary]
Determination by the proprietor of the brand.
Minor variations between past and present determinations.
INTE/29
Notification of retail sales.
AN
་༼
Exemption of certain advertisements from Part IV of the Ordinance.
Advertisements exempted under section 12 of the Ordinance.
L.N. 155/84.
CAP. 371] Smoking (Public Health) Regulations
[1984 Ed.
4. The tar group designation of any brand of cigarettes shall be determined by the proprietor of the brand, or his agent, having regard to regulation 2 and his own reasonable estimation of the tar content of the cigarette-
(a) where there has been no determination for the brand published under section 16 of the Ordinance; or
(b) where the manufacturer of the cigarettes has altered the tar content of any cigarettes and thereby rendered the previous designation incorrect.
5. Where the Government Chemist has published a determination under section 16 of the Ordinance for any brand of cigarettes and the determination differs by not more than one milligram from
(a) any previous determination by him; or
(b) any estimation under regulation 4,
and has the effect of placing the cigarettes in a tar group other than that to which they would have belonged but for the difference, the brand of cigarettes may continue to be designated as belonging to the tar group they previously belonged to if the Director of Medical and Health Services so approves in writing.
6. (1) Upon any cigarettes being first offered for sale by retail and bearing on their packets or retail containers a tar group designation as determined under regulation 4, the person responsible for the wholesale distribution thereof shall, within 2 days following such first offer, notify the Director of Medical and Health Services of such offer.
(2) Any person who fails to notify the Director of Medical and Health Services as required by paragraph (1) commits an offence and is liable on summary conviction therefor to a fine of $2,000.
7. There shall be exempted from the provisions of Part IV of the Ordinance cigarette advertisements in printed publications to which section 11 of the Ordinance applies where such advertisements-
(a) are in a publication printed before the coming into operation of Part IV; or
(b) conform with the provisions of that section save that they bear an incorrect tar group designation if they bear a tar group designation which they could lawfully bear at the time when they were printed.
8. (1) The following categories of cigarette advertisements are prescribed for the purposes of section 12(2) of the Ordinance-
(a) cigarette advertisements on any—