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The Tobacco Products (Traceability and Security Features) Regulations 2019 PART 4 — Security feature system

13–142 provisions

Unit packets must carry a security feature

13

(1) Manufacturers and importers of tobacco products must ensure that each unit packet that they manufacture or import for supply in any part of the United Kingdom carries a tamper-proof security feature that meets the requirements in paragraphs (2) to (5). (2) The security feature must comply with any notice (that has not been replaced or revoked) given by HMRC to manufacturers and importers, in relation to the application of a security feature to GB tobacco product or NI tobacco product , as to— (a) the combination or combinations of authentication elements from which the security feature must be composed, ... (b) the number of authentication elements to be provided by an authentication elements provider , and (c) the replacement or modification of an authentication element where the Commissioners for Her Majesty’s Revenue and Customs have reason to believe that the integrity of that element has been compromised (3) The security feature must be— (a) irremovably applied to a unit packet of tobacco product by— (i) printing or affixing, or (ii) a combination of printing and affixing, and (b) indelible. (4) The security feature must not be partially or totally hidden or interrupted by any other item, including through tax stamps, price marks, or other marking which is required under or by virtue of any enactment or the Commission Implementing Regulation. (5) The security feature must be applied in a manner that— (a) allows for the identification and verification of the authenticity of a unit packet of tobacco product for the entire time that pack is supplied, and (b) protects the security feature from being replaced, reused or modified in any way. (6) In paragraph (4), “Commission Implementing Regulation” means— (a) in relation to GB tobacco product, the Commission Implementing Regulation; or (b) in relation to NI tobacco product, the Commission Implementing Regulation (EU) 2018/574 of 15 December 2017 on technical standards for the establishment and operation of a traceability system for tobacco products as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.

Verification of authenticity of tobacco products

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(1) HMRC may give written notice to a manufacturer or importer requiring samples of tobacco products currently supplied in any part of the United Kingdom to be provided. (2) Where notice has been given under paragraph (1), the manufacturer or importer must provide the samples to HMRC in unit packet format (including the applied security feature) within a period of 30 days beginning on the day on which notice is given.

Back to The Tobacco Products (Traceability and Security Features) Regulations 2019 — full text

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