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【法规名称】 
【法规编号】 44014  什么是编号?
【正  文】

CAP 371A SMOKING (PUBLIC HEALTH) REGULATIONS

 
  (Cap 371 section 18(1))
  
  [13 August 1982]
  
  (L.N. 311 of 1982)
  
  Cap 371A reg 1 Citation
  
  These regulations may be cited as the Smoking (Public Health) Regulations.
  
  Cap 371A reg 2 Tar groups
  
  (1) A cigarette appearing in a tobacco advertisement in a printed publication and containing an amount of tar within the limits mentioned in column A of this paragraph shall be designated as being within the tar group mentioned opposite thereto in column B as follows-
  
  Column A
  
  Column B
  
  Tar yield
  
  Tar group designation
  
  0- 9
  
  Low
  
  10-14
  
  Middle
  
  15-17
  
  High(2) The proprietor of a brand of cigarette shall designate a cigarette in accordance with paragraph (1) for the purposes of section (11)(1)(b) of the Ordinance.
  
  (3) In designating a cigarette under paragraph (1), the tar yield as determined under regulation 4 or by analysis under section 16 of the Ordinance shall be rounded off to the nearest milligram.
  
  (4) Paragraph (2) shall expire on 31 December 1999.
  
  (L.N. 13 of 1998)
  
  Cap 371A reg 3 Determination by the Government Chemist
  
  Where-
  
  (a) the Government Chemist has published a determination ("relevant determination") of the tar and nicotine yields of any brand of cigarettes under section 16 of the Ordinance; and
  
  (b) (subject to any variation allowance published by the Government Chemist in relation to the relevant determination) the result of the relevant determination is different from the result of the determination of the tar and nicotine yields of the brand of cigarettes as previously determined by the Government Chemist, or by the proprietor of the brand under regulation 4,then-
  
  (i) the proprietor of the brand shall change the tar and nicotine yields or tar group designation, as the case may be, shown on cigarette packets and in tobacco advertisements according to the relevant determination;
  
  (ii) cigarette packets and retail containers may be sold, offered for sale or possessed for the purposes of sale, bearing the previous tar and nicotine yields for a period of 6 months;
  
  (iii) a tobacco advertisement in a printed publication to which section 11 of the Ordinance applies may be printed bearing the previous tar group designation for a period of-
  
  (A) 2 weeks, in the case of a tobacco advertisement in a newspaper published at intervals of a week or less than a week; or
  
  (B) 3 months, in the case of a tobacco advertisement in any other printed publication.
  
  (L.N. 13 of 1998)
  
  Cap 371A reg 4 Determination by the proprietor of the brand
  
  Where-
  
  (a) there has been no determination for a brand of cigarettes published under section 16 of the Ordinance or no designation under regulation 2, as the case may be; or
  
  (b) the manufacturer of the cigarettes has altered the tar and nicotine yields of any cigarettes and thereby rendered the previous determination or designation incorrect,the tar and nicotine yields and the tar group of the 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 and nicotine yields of the cigarette.
  
  (L.N. 13 of 1998)
  
  Cap 371A reg 5 Minor variations between past and present determinations
  
  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 in accordance with regulation 2 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 Government Chemist so approves in writing.
  
  (L.N. 76 of 1989; L.N. 13 of 1998)
  
  Cap 371A reg 6 Notification of retail sales
  
  (1) Upon any cigarettes being first offered for sale by retail and bearing on their packets or retail containers the tar and nicotine yields as determined under regulation 4, the person responsible for the wholesale distribution thereof shall, within 2 days following such first offer, notify the Government Chemist of such offer.
  
  (2) Any person who fails to notify the Government Chemist as required by paragraph (1) commits an offence and is liable on summary conviction therefor to a fine of $2000.
  
  (L.N. 76 of 1989; L.N. 13 of 1998)
  
  Cap 371A reg 6A Tobacco advertisements in printed publications
  
  (1) The provisions of this regulation shall apply to any tobacco advertisement in a printed publication which is required to carry a health warning and tar group designation under section 11 of the Ordinance.
  
  (2) The health warning carried shall be the prevailing health warning as is applicable at the time of publication of the printed publication.
  
  (3) The health warning shall be contained in a rectangular area and shall be as set out in the Schedule.
  
  (4) The area containing the health warning shall-
  
  (a) be in white colour and surrounded by a black line with the lettering and characters of the health warning printed in black colour;
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