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Electronic Cigarettes (Regulation) Bill (HC Bill 59)

A

BILL

TO

Make provision for the regulation of the sale and use of electronic cigarettes;
to exempt electronic cigarettes from UK law derived from the Tobacco
Products Directive; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Electronic cigarettes: deregulation

(1) The Tobacco and Related Products Regulations 2016 are amended as follows.

(2) Part 6 (electronic cigarettes) is revoked.

(3) Part 7 (electronic cigarette advertising) is revoked.

(4) 5In the title of regulation 47 omit “and electronic cigarettes etc.”.

(5) In paragraph (8) of regulation 47 (cross-border distance sales of tobacco
products and electronic cigarettes etc.), after “tobacco product” omit “, an
electronic cigarette or a refill container”.

(6) In regulation 48 (offences), omit subparagraphs (d) and (e).

2 10Power to make consequential and further provisions

(1) Any regulations or enactment (in addition to the Regulations amended by
section 1) which place restrictions on the matters specified in subsection (2) in
relation to electronic cigarettes or refill containers shall cease to have effect.

(2) The matters mentioned in this subsection are the—

(a) 15size,

(b) capacity,

(c) content, or

(d) packaging,

of electronic cigarettes or refill containers.

Electronic Cigarettes (Regulation) BillPage 2

(3) The Secretary of State may by regulations make further provision in
consequence of the provisions of section 1 and subsection (1) of this section.

(4) Regulations under this section are to be made by statutory instrument.

(5) A statutory instrument containing regulations under this section is subject to
5annulment in pursuance of a resolution of either House of Parliament.

(6) For the purpose of this section—

  • “electronic cigarette” means a product that—

    (a)

    can be used for the consumption of nicotine-containing vapour
    via a mouth piece, or any component of that product, including
    10a cartridge, a tank and the device without cartridge or tank
    (regardless of whether the product is disposable or refillable by
    means of a refill container and a tank, or rechargeable with
    single use cartridges), and

    (b)

    is not a medicinal product or medical device;

  • 15“refill container” means a receptacle that –

    (a)

    contains a nicotine-containing liquid, which can be used to refill
    an electronic cigarette, and

    (b)

    is not a medicinal product or medical device.

3 Extent, commencement and short title

(1) 20This Act extends to England and Wales, Scotland and Northern Ireland.

(2) This Act comes into force on 30 March 2019.

(3) This Act may be cited as the Electronic Cigarettes (Regulation) Act 2018.