Country Details For
Scotland
African Region
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European Region
South-East Asian Region
Western Pacific Region
Introduction
The United Kingdom became a Party to the WHO Framework Convention on Tobacco Control on December 16, 2004.
Smoke Free Places: In Scotland, smoking is prohibited in public transportation and virtually all indoor public places and workplaces. There are a few very limited exceptions to the smoking ban. Specifically, smoking is permitted in designated rooms in adult hospices, adult care homes, psychiatric hospitals, and units; designated hotel rooms; detention or interview rooms; offshore installations; laboratory rooms; and HM Submarines and ships of the Royal Fleet Auxiliary. Local jurisdictions are not permitted to have smoke free laws.
Tobacco Advertising, Promotion and Sponsorship: Tobacco advertising and promotion is generally prohibited subject to a few exceptions, such as: at point of sale, some promotional elements on product packaging, direct person-to-person communications, and retailer incentive programs. For retail shops, tobacco advertising currently is permitted on one display unit inside the shop. Advertisements at retail shops are restricted to the equivalent of one A5 size (21cm x 15cm) advertisement; may carry the name, emblem, price, and size of the packet of product; and must contain a health warning occupying 30 percent of the surface area. Advertisements at point of sale within specialist tobacconist shops are not limited in size but must carry a health warning occupying 30 percent of the advertising space or at least 22.5 cm2 if the advertisement is greater than 75cm2. Product display at point of sale is currently allowed in Scotland. However, regulations were adopted in 2010 that would prohibit the display of tobacco products at point of sale in retail establishments, but continue to allow product display at specialist tobacconist shops, bulk tobacconists, and duty-free shops. The implementation of the 2010 regulations has been delayed due to legal challenges by the tobacco industry. Publicity of tobacco sponsorship is prohibited; however, the financial contribution or in-kind support itself it not prohibited.
Tobacco Packaging and Labeling: One of two text warnings must be displayed on 30 percent of the front of the package, and one of 14 picture warnings with accompanying text must be displayed on 40 percent of the back of the package. The warning must be enclosed by a border and the border brings the total size of the warning area to 43 percent of the front surface and 53 percent of the back surface. Warnings on unit packaging must be rotated so that each warning appears a roughly equal number of times over a 12-month period. Warnings on cartons must be rotated equally over a three-year period. The use of misleading terms and descriptors implying that a tobacco product is less harmful than another is banned; however, figurative emission yields must be displayed on the tobacco package. The government initiated a public consultation on plain packaging in April 2012 and will decide whether to pursue plain packaging measures depending on the outcome of the consultation.
Roadmap of Tobacco Control Legislation: The Smoking, Health and Social Care (Scotland) Act 2005 prohibits smoking in “no smoking premises” and authorizes regulations to designate enclosed and substantially enclosed premises as “no smoking premises.” The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006, issued under the authority of the Smoking, Health and Social Care (Scotland) Act 2005, specify premises where smoking is prohibited and premises where smoking rooms may be allowed. The Education (Scotland) Act 1980 and the Regulation of Care (Scotland) Act 2001 provide definitions that are applicable to the ban on smoking contained in the Prohibition of Smoking in Certain Premises Regulations 2006. Prisons and air navigation are not regulated under the Smoking, Health and Social Care Act 2005. For prisons, the Prisons and Young Offenders Institutions (Scotland) Rules regulate smoking; and for air navigation, the Air Navigation Order 2009 applies. Certain guidance documents, including Guidance on Smoking Policies for the National Health Service, Local Authorities, and Care Service Providers, 2005 and the Enforcement Protocol, offer guidance on implementation and enforcement of smoke free provisions; however these documents are not legally binding.
Tobacco advertising, promotion and sponsorship is governed by laws that apply across the UK and laws that apply in Scotland only. The Tobacco Advertising and Promotion Act 2002 (“TAPA”) governs tobacco advertising, promotion and sponsorship in the UK other than on broadcast media. Certain provisions of TAPA specify that they apply to parts of the UK only. TAPA was amended by: 1) the Tobacco Advertising and Promotion 2002 etc. (Amendment) Regulations 2006, which added provisions to specifically address information society services such as the internet, and 2) the Health Act 2009, which authorized regulations on product display and vending machines. Many of the Health Act 2009 amendment provisions apply in England, Northern Ireland and Wales only. Schedule 4 of the Health Act 2009 amends TAPA to make sections 6(1) and 8(1) of TAPA applicable in Scotland only. The Tobacco Advertising and Promotion (Brandsharing) Regulations 2004, which were issued under TAPA and apply in the UK, prohibit brand sharing and reverse brand sharing. Scotland issued the following regulations under TAPA: 1) The Tobacco Advertising and Promotion (Specialist Tobacconists) (Scotland) Regulations 2004, which regulate advertising in specialist tobacconist shops in Scotland, and 2) The Tobacco Advertising and Promotion (Point of Sale) (Scotland) Regulations 2004, which regulate advertising at point of sale in retail shops in Scotland.
The Tobacco and Primary Medical Services (Scotland) Act 2010 (“TPMS”) applies in Scotland only and will prohibit the display of tobacco products in retail shops when relevant provisions and regulations come into effect. The Tobacco and Primary Medical Services (Scotland) Act 2010 (Display of Tobacco and Prices) Regulations 2010 were adopted (but not yet published) under the Tobacco and Primary Medical Services Act 2010 and would repeal the 2004 Point of Sale and 2004 Specialist Tobacconist Regulations. The Display of Tobacco and Prices Regulations would regulate incidental and requested display of tobacco products and display of tobacco product prices in retail shops when the display ban comes into effect. The Regulations would also regulate display of tobacco products at specialist and bulk tobacconist shops. These Regulations were originally scheduled to come into force in October 2011 for large retail shops and October 2013 for small shops and specialist and bulk tobacconists. However, the implementation of the Regulations has been delayed due to legal challenges by the tobacco industry. Other regulations issued under the TPMS Act 2010 include: 1) The Sale of Tobacco (Display of Warning Statements) (Scotland) Regulations 2011 (regulating signs regarding sales to minors), and 2) The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011 (regulating registration of tobacco retailers.).
Broadcast media is regulated by the UK Code of Broadcast Advertising, which prohibits tobacco advertising on broadcast media regulated by Ofcom (TV, radio, and mobile phones). The paid placement of tobacco products on TV and on-demand programs is prohibited by the Audiovisual Media Services (Product Placement) Regulations 2010 and unpaid depiction of tobacco product or smoking is restricted by the Ofcom Broadcasting Code.
The packaging and labeling of tobacco products is governed by the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002, which were amended by the Tobacco Products (Manufacture, Presentation and Sale) (Safety) (Amendment) Regulations 2007 to require picture warnings. These regulations were issued under the Consumer Protection Act 1987, which makes it an offense to fail to give information required for a specific good.
Review Status
This country’s legal measures were reviewed by our legal staff and verified by in-country lawyers or tobacco control experts.
Policy Fact Sheets
Smoke Free
Smoke Free Places Fact Sheet (FCTC Article 8) 
Advertising, Promotion and Sponsorship
Advertising, Promotion and Sponsorship Fact Sheet (FCTC Article 13)
Packaging and Labeling
Laws
Expand All| Name of Law | Effective Date of Law | Original Language | Offical Web Site (where available) | |
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Education (Scotland) Act 1980 (c. 44)
Education (Scotland) Act 1980 (c. 44)
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September 1, 1980 |
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Official Web Site
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COMMENTS: The Education (Scotland) Act 1980 regulates education and, among other things, provides a definition of “educational establishment” that is applicable to the ban on smoking contained in the Prohibition of Smoking in Certain Premises Regulations 2006. | ||||
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Consumer Protection Act 1987 (c. 43)
Consumer Protection Act 1987 (c. 43)
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October 1, 1987 |
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Official Web Site
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COMMENTS: The Consumer Protection Act 1987 makes it an offense to fail to give information required for a specific good and sets out penalties for violations. These provisions apply to tobacco packaging and labeling requirements. | ||||
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Regulation of Care (Scotland) Act 2001…
Regulation of Care (Scotland) Act 2001 (2001 asp 8)
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July 18, 2001 |
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Official Web Site
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COMMENTS: The Regulation of Care (Scotland) Act 2001 provides for the registration and regulation of care services. Among other things, the Act provides a definition of “school care accommodation service,” which is a type of premises required to be smoke free under the Prohibition of Smoking in Certain Premises Regulations 2006. | ||||
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The Tobacco Advertising and Promotion…
The Tobacco Advertising and Promotion Act 2002 (Commencement) (Scotland) Order 2002 (Scottish S.I. 2002 No. 512 (C. 26))
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November 20, 2002 |
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Official Web Site
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COMMENTS: The Tobacco Advertising and Promotion Act 2002 (Commencement) (Scotland) Order 2002 sets dates on which specified sections of TAPA 2002 come into force. | ||||
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Tobacco Advertising and Promotion Act…
Tobacco Advertising and Promotion Act 2002 (c. 36)
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November 20, 2002 |
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Official Web Site
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COMMENTS: The Tobacco Advertising and Promotion Act 2002, also referred to as “TAPA,” generally applies in to the entire United Kingdom, except certain provisions that specify they apply or do not apply in Scotland. The Act regulates tobacco advertising promotion and sponsorship. | ||||
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The Tobacco Products (Manufacture,…
The Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 (S.I. 2002 No. 3041)
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December 31, 2002 |
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Official Web Site
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COMMENTS: The Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 regulate packaging and labeling of tobacco products. | ||||
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The Tobacco Advertising and Promotion…
The Tobacco Advertising and Promotion Act 2002 (Commencement No. 4) (Scotland) (Amendment and Transitional Provisions) Order 2003 (Scottish S.I. 2003 No. 80 (C. 3))
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February 12, 2003 |
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Official Web Site
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COMMENTS: The Tobacco Advertising and Promotion Act 2002 (Commencement No. 4) (Scotland) (Amendment and Transitional Provisions) Order 2003 sets dates on which specified sections of TAPA 2002 come into force. | ||||
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The Tobacco Advertising and Promotion…
The Tobacco Advertising and Promotion Act 2002 (Commencement No. 5) (Scotland) Order 2003 (Scottish S.I. 2003 No. 113)
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February 25, 2003 |
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Official Web Site
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COMMENTS: The Tobacco Advertising and Promotion Act 2002 (Commencement No. 5) (Scotland) Order 2003 sets dates on which specified sections of TAPA 2002 come into force. | ||||
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Directive 2003/33/EC of the European…
Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products
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June 20, 2003 |
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COMMENTS: Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 regulates advertising and promotion of tobacco products in the press and other printed publications; in radio broadcasting; in information society services; through tobacco related sponsorship of radio programs; and through tobacco related sponsorship of events or activities having a cross-border effect. | ||||
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The Tobacco Advertising and Promotion…
The Tobacco Advertising and Promotion (Specialist Tobacconists) (Scotland) Regulations 2004 (Scottish S.I. 2004 No. 211)
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December 21, 2004 |
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Official Web Site
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COMMENTS: The Tobacco Advertising and Promotion (Specialist Tobacconists) (Scotland) Regulations 2004 were issued under the Tobacco Advertising and Promotion Act 2002 and regulate advertising in specialist tobacconist shops. These regulations are in effect until April 2015, when the Tobacco and Primary Medical Services (Scotland) Act 2010 (Display of Tobacco and Prices) Regulations 2010 come into effect. | ||||
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The Tobacco Advertising and Promotion…
The Tobacco Advertising and Promotion (Point of Sale) (Scotland) Regulations 2004 (Scottish S.I. 2004 No. 144)
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December 21, 2004 |
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Official Web Site
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COMMENTS: The Tobacco Advertising and Promotion (Point of Sale) (Scotland) Regulations 2004 were issued under the Tobacco Advertising and Promotion Act 2002 and which regulate advertising at point of sale in retail shops. These regulations are in effect until April 2012 for large retail shops and April 2015 for small retail shops. | ||||
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The Tobacco Advertising and Promotion…
The Tobacco Advertising and Promotion Act 2002 (Commencement No. 8) (Scotland) Order 2004 (Scottish S.I. 2004 No. 546 (C. 41))
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December 21, 2004 |
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Official Web Site
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COMMENTS: The Tobacco Advertising and Promotion Act 2002 (Commencement No. 8) (Scotland) Order 2004 sets dates on which specified sections of TAPA 2002 come into force. | ||||
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Enforcement Protocol
Enforcement Protocol
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2005 | Not Available |
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COMMENTS: The Enforcement Protocol provides guidance for officials on how to enforce smoke free laws and regulations. This is not a legally binding document. | ||||
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The Tobacco Advertising and Promotion…
The Tobacco Advertising and Promotion (Brandsharing) Regulations 2004 (S.I. 2004 No. 1824)
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July 31, 2005 |
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Official Web Site
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COMMENTS: The Tobacco Advertising and Promotion (Brandsharing) Regulations 2004 were issued under the Tobacco Advertising and Promotion Act 2002. The Regulations prohibit brandsharing (brand stretching) and reverse brandsharing and set forth a few very limited exceptions to the ban. | ||||
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Smoking, Health and Social Care…
Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13)
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August 5, 2005 |
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Official Web Site
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COMMENTS: The Smoking, Health and Social Care (Scotland) Act 2005 regulates certain health care services in Scotland. In relation to tobacco control, the law regulates smoking in enclosed and substantially enclosed places and regulates the minimum age for tobacco sales. | ||||
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Guidance on Smoking Policies for the…
Guidance on Smoking Policies for the NHS, local authorities, and care service providers, 2005
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December 2005 |
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Official Web Site
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COMMENTS: Guidance on Smoking Policies for the NHS, local authorities, and care service providers, 2005 provides guidance on smoke free policies for those in public service and the care professions. Among other things, the document provides guidance on smoking policy for care givers who work in private homes. | ||||
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The Prohibition of Smoking in Certain…
The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90)
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March 26, 2006 |
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Official Web Site
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COMMENTS: The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 were issued under the authority of the Smoking, Health and Social Care (Scotland) Act 2005. The Regulations, among other things, specify premises where smoking is prohibited and premises where smoking rooms may be allowed. | ||||
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Prisons and Young Offenders…
Prisons and Young Offenders Institutions (Scotland) Rules (Scottish S.I. 2006 No. 94)
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March 26, 2006 |
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Official Web Site
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COMMENTS: The Prisons and Young Offenders Institutions (Scotland) Rules regulate prisons and juvenile detention institutions and, among other things, regulate smoking in prisons. | ||||
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The Tobacco Advertising and Promotion…
The Tobacco Advertising and Promotion Act 2002 (Commencement No. 10) (Scotland) Order 2006 (Scottish S.I. 2006 No. 473 (C. 40))
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September 28, 2006 |
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Official Web Site
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COMMENTS: The Tobacco Advertising and Promotion Act 2002 (Commencement No. 10) (Scotland) Order 2006 sets the effective date of the remaining TAPA provisions that have not yet entered into force. | ||||
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Tobacco Advertising and Promotion 2002…
Tobacco Advertising and Promotion 2002 etc. (Amendment) Regulations 2006 (S.I. 2006 No. 2369)
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September 28, 2006 |
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Official Web Site
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COMMENTS: The Tobacco Advertising and Promotion 2002 etc. (Amendment) Regulations 2006 amended TAPA 2002 to include provisions specifically addressing information society services, such as the internet. | ||||
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The Tobacco Products (Manufacture,…
The Tobacco Products (Manufacture, Presentation and Sale) (Safety) (Amendment) Regulations 2007 (S.I. 2007 No. 2473)
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October 1, 2008 |
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Official Web Site
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COMMENTS:The Tobacco Products (Manufacture, Presentation and Sale) (Safety) (Amendment) Regulations 2007 amended the 2002 regulations on packaging and labeling to require picture warnings on the back surface of the pack and to extend the requirements to tobacco products supplied for consumption in other EEA (European Economic Area) states. | ||||
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Air Navigation Order 2009 (S.I. 2009…
Air Navigation Order 2009 (S.I. 2009 No. 3015)
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January 1, 2010 |
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Official Web Site
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COMMENTS: The Air Navigation Order 2009 regulates air navigation and, among other things, requires no-smoking signs in aircraft where smoking is prohibited. | ||||
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Tobacco and Primary Medical Services…
Tobacco and Primary Medical Services (Scotland) Act 2010 (2010 asp 3)
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March 3, 2010 |
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Official Web Site
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COMMENTS: The Tobacco and Primary Medical Services (Scotland) Act 2010, among other things, regulates the display, sale and purchase of tobacco products and the registration of tobacco retailers. | ||||
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The Tobacco and Primary Medical…
The Tobacco and Primary Medical Services (Scotland) Act 2010 (Ancillary Provisions) Order 2010 (Scottish S.I. 2010 No. 77)
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March 3, 2010 |
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Official Web Site
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COMMENTS: The Tobacco and Primary Medical Services (Scotland) Act 2010 (Ancillary Provisions) Order 2010 sets forth when repeals and amendments of other Acts, as set forth in Schedule 2 of the Tobacco and Primary Medical Services Act 2010, come into effect. | ||||
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The Audiovisual Media Services (Product…
The Audiovisual Media Services (Product Placement) Regulations 2010 (S.I. 2010 No. 831)
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April 16, 2010 |
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Official Web Site
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COMMENTS: The Audiovisual Media Services (Product Placement) Regulations 2010 prohibit product placement in UK-made TV and on-demand programs of any tobacco product, including electronic or smokeless cigarettes, tobacco accessories such as lighters, and cigarette papers or pipes intended for smoking. | ||||
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Directive 2010/13/EU of the European…
Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010, Audiovisual Media Services Directive
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May 5, 2010 |
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Official Web Site
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COMMENTS: Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (or the "Audiovisual Media Services Directive") requires Member States to prohibit tobacco advertising in audiovisual media, among other things. | ||||
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UK Code of Broadcast Advertising
UK Code of Broadcast Advertising
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September 1, 2010 |
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Official Web Site
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COMMENTS: The UK Code of Broadcast Advertising was issued by the UK Broadcast Committee of Advertising Practice (BCAP) and prohibits tobacco advertising on broadcast media regulated by Ofcom (TV, radio, and mobile phones). Only an excerpt of the Code - Section 10 - is uploaded here. For the full Code, please see the link to the official website. | ||||
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The Tobacco and Primary Medical…
The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Order 2010 (Scottish S.I. 2010 No. 345 (C. 20))
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September 27, 2010 |
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Official Web Site
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COMMENTS: The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Order 2010 sets out when specified provisions of the Tobacco and Primary Medical Services (Scotland) Act 2010 and the Children and Young Persons (Protection from Tobacco) Act 1991 come into force. The Order also provides for a substantive amendment to the Children and Young Persons Act. | ||||
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The Tobacco and Primary Medical…
The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 2) Order 2010 (Scottish S.I. 2010 No. 372 (C. 23))
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November 8, 2010 |
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Official Web Site
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COMMENTS: The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 2) Order 2010 sets out when specified provisions of the Tobacco and Primary Medical Services (Scotland) Act 2010 come into force. | ||||
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The Tobacco and Primary Medical…
The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Amendment Order 2011 (Scottish S.I. 2011 No. 131)
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February 21, 2011 |
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Official Web Site
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COMMENTS: The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Amendment Order 2011 amends The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Order 2010. | ||||
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Ofcom Broadcasting Code
Ofcom Broadcasting Code
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February 28, 2011 |
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Official Web Site
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COMMENTS: The Ofcom Broadcasting Code regulates, among other things, the unpaid depiction of tobacco products and smoking on broadcast media aimed at children. See Rule 1.10. Only an excerpt of the Code - Section 1 - is uploaded here. For the full Code, please see the link to the official website. | ||||
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The Sale of Tobacco (Registration of…
The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011 (Scottish S.I. 2011 No. 23)
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April 1, 2011 |
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Official Web Site
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COMMENTS: The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011 were issued under The Tobacco and Primary Medical Services (Scotland) Act 2010 and regulate registration of tobacco retailers that are vehicles or moveable structures. | ||||
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The Sale of Tobacco (Display of Warning…
The Sale of Tobacco (Display of Warning Statements) (Scotland) Regulations 2011 (Scottish S.I. 2011 No. 132)
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April 1, 2011 |
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Official Web Site
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COMMENTS: The Sale of Tobacco (Display of Warning Statements) (Scotland) Regulations 2011 were issued under Section 8 of the Tobacco and Primary Medical Service Act 2010 and regulate warning statements regarding tobacco sales to minors at any business that sells tobacco. | ||||
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Health Act 2009 (c. 21)
Health Act 2009 (c. 21)
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October 1, 2011 |
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Official Web Site
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COMMENTS: The Health Act 2009 generally applies to the entire United Kingdom, except certain provisions that specify they apply or do not apply in Scotland. The Act, among other things, amends the Tobacco Advertising and Promotion Act 2002 to authorize regulations to: prohibit tobacco product display at retail shops, restrict product displays on websites, and prohibit tobacco vending machines. | ||||
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The Tobacco and Primary Medical…
The Tobacco and Primary Medical Services (Scotland) Act 2010 (Display of Tobacco and Prices) Regulations 2010
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April 1, 2012 |
Download
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Official Web Site
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COMMENTS: The Tobacco and Primary Medical Services (Scotland) Act 2010 (Display of Tobacco and Prices) Regulations 2010 were issued under the Tobacco and Primary Medical Services Act 2010 and regulate the display of tobacco products and display of tobacco product prices at retail shops and specialist and bulk tobacconist shops. These regulations were originally scheduled to come into force in October 2011 for large retail shops and October 2013 for all other shops. However, due to an industry challenge, implementation has been delayed. No specific date has been set for large shops. The ban will enter into effect in April 2015 for small shops. | ||||
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| To the best of our knowledge, all laws provided here are in effect as of April 23rd 2012, unless otherwise noted. | ||||
Key Terms
Expand All| Key Term | Defined | If Yes, Definition Provided in the Law | Law Source, Article Number | Analysis |
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FCTC-Based Definition: The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15) | ||||
Second Hand Smoke (or… Second Hand Smoke (or similar term)
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No |
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Although this term is not defined, a…
Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law’s smoke free measures prohibit smoking in enumerated “no-smoking premises” rather than, for example, “no person shall be exposed to second hand smoke in public places.”
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FCTC-Based Definition: Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17) | ||||
Smoking or Smoke Smoking or Smoke
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Yes |
Smoke: means smoke… Smoke: means smoke tobacco, any substance or mixture which includes it or any other substance or mixture; and a person is to be taken as smoking if the person is holding or otherwise in possession or control of lit tobacco, of any lit substance or mixture which includes tobacco or of any other lit substance or mixture which is in a form or in a receptacle in which it can be smoked.
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Smoking, Health and…
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The definition of “smoking” aligns…
The definition of “smoking” aligns with the FCTC Art. 8 Guidelines. Its scope is more comprehensive than the FCTC Art. 8 Guidelines’ definition because it includes any lit substance that can be smoked, even if it is not derived from tobacco.
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FCTC-Based Definition: An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18) | ||||
Public Place Public Place
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No |
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Although the term “public place” is…
Although the term “public place” is not defined, a definition is not strictly needed to apply the smoke free provisions of the legislation because the law and regulations list places where smoking is allowed or prohibited. However, to implement the FCTC Art. 8 obligation to provide protection from second hand smoke in all parts of all indoor public places, a definition of “public place” should be provided in accordance with FCTC Art. 8 Guidelines para. 18.
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FCTC-Based Definition: An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20) | ||||
Workplace Workplace
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No |
Smoking, Health and…
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The law prohibits smoking in places…
The law prohibits smoking in places used mainly as a “place of work” but does not define “place of work.” To clarify the scope of the ban and implement FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of “place of work” should be provided in accordance with the definition of “workplace” in the FCTC Art. 8 Guidelines.
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FCTC-Based Definition: Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22) | ||||
Public Transport Public Transport
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Yes |
Public transportation… Public transportation vehicle: means any vehicle available to the public as a means of transportation and includes a taxi and a private hire car.
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The Prohibition of…
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The definition of “public…
The definition of “public transport” covers any vehicles available to the public. Therefore, it aligns with the FCTC Art. 8 Guidelines.
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FCTC-Based Definition: Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19) | ||||
Indoor or Enclosed Indoor or Enclosed
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Yes |
Wholly enclosed:… Wholly enclosed: (3)(b)(i) for premises other than a vehicle or part of a vehicle, having a ceiling or roof and, except for doors, windows and passageways, wholly enclosed, whether permanently or temporarily; or
(ii) for premises that are a vehicle or part of a vehicle, having a top or roof and, except for doors, windows or exits, wholly enclosed, whether permanently or temporarily.
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Substantially enclosed: (3)(c)(i) for premises other than a vehicle or part of a vehicle, having a ceiling or roof and, except for doors, windows and passageways, substantially enclosed, whether permanently or temporarily; or
(ii) for premises that are vehicle or part of a vehicle, having a top or roof and, except for doors, windows or exits, substantially enclosed, whether permanently or temporarily, and in determining whether premises are “substantially enclosed”, no account is to be taken of openings in which there are doors, windows, or other fittings that can be opened or shut.
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(3)(d) Premises shall be taken to be substantially enclosed if- (i) the opening in the premises has an area; or (ii) if there is more than one, both or all those openings have an aggregate area, which is less than half the area of the walls, including any other structures serving the purpose of walls, which constitute the perimeter of the premises.
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The Prohibition of…
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The regulations provide a definition of…
The regulations provide a definition of “enclosed premises” and “substantially enclosed premises.” The law prohibits smoking in enumerated categories of places if they are either enclosed or substantially enclosed. Together, the definitions of “enclosed” and “substantially enclosed” provide less protection than intended by the FCTC Art. 8 Guidelines because they allow smoking in areas that are 50% or less enclosed, whereas the FCTC Art. 8 Guidelines call for 100% smoke free environments in areas with one or more walls or covered by a roof.
To fully align with the FCTC Art. 8 Guidelines, a definition of “indoor” or “enclosed” premises should be provided in accordance with the definition provided in the Guidelines.
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FCTC-Based Definition: Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f)) | ||||
Tobacco Product Tobacco Product
Close
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No |
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Technically, a definition of “tobacco…
Technically, a definition of “tobacco products” is not necessary because the law does not prohibit smoking “tobacco products,” but rather prohibits “smoking tobacco or any substance or mixture which includes it or any other substance or mixture.” Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this respect.
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Vehicle Vehicle
Close
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Yes |
Vehicle: includes any… Vehicle: includes any train, bus, car, or any vessel (whether navigable or not), boat, or hovercraft.
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The Prohibition of…
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The definition of “vehicle” is…
The definition of “vehicle” is significant because the law prohibits smoking in public service vehicles.
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Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
Expand All| Place | Regulatory Status
Regulatory status options and their definitions.
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Law Source, Article Number | Analysis | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| All indoor workplaces All indoor workplaces Close
| Smoking is Restricted | The Prohibition of… |
The 2005 Act authorizes… The 2005 Act authorizes regulations to prohibit smoking in indoor premises that are being used wholly or mainly as a place of work. While the 2006 Regulations prohibit smoking in an extensive list of places, the Regulations also provide a limited list of premises, all of which are workplaces for some, where smoking is permitted, including: residential accommodation; adult hospices, designated rooms in adult care homes, designated rooms in psychiatric hospitals and units; designated hotel rooms; designated detention or interview rooms; designated rooms in offshore installations; designated laboratory rooms; HM Submarines and ships of the Royal Fleet Auxiliary. Although most workplaces are smoke free, because of these limited exemptions, the regulatory status “Smoking is Restricted” is given rather than “100% Smoke Free.” To ensure universal protection against tobacco exposure, the law should require all parts of all workplaces, including those of a residential nature, to be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party. |
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| All indoor public places All indoor public places Close
| Smoking is Restricted | The Prohibition of… |
The 2005 Act authorizes… The 2005 Act authorizes regulations that prohibit smoking in indoor premises to which the public has access. While the 2006 Regulations prohibit smoking in an extensive list of places, the Regulations also provide a limited list of public premises where smoking is permitted, including: designated rooms in adult care homes, adult hospices, and designated hotel rooms. Although most public places are smoke free, the regulatory status “Smoking is Restricted” is given rather than “100% Smoke Free”. To ensure universal protection against tobacco exposure, the law should require all parts of all public places to be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party. |
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| All enclosed public transport All enclosed public transport Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1; Schedule 1, No. 21 Air Navigation Order 2009 (S.I. 2009 No. 3015), Section 140 |
The 2005 Act authorizes… The 2005 Act authorizes regulations that prohibit smoking in indoor premises to which the public has access. The 2006 Regulations prohibit smoking in enclosed public ground transportation vehicles and water transport. Smoking on aircraft is determined by the airlines, and in practice, major commercial airlines have prohibited smoking on aircraft since the 1990s. The Air Navigation Order 2009 prohibits smoking on commercial aircraft where no-smoking notices are displayed. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport. |
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| Government facilities Government facilities Close
| 100% Smoke Free | The Prohibition of… |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places and workplaces. Under the 2006 Regulations, smoking is prohibited in offices and other premises that are non-domestic premises in which one or more persons work. Because government facilities are workplaces and offices for some, government facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities. |
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| Hospitals Hospitals Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2); Schedule 1, No. 16 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places, workplaces and health care facilities. Under the 2006 Regulations, smoking is prohibited in hospitals. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals. |
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| Residential healthcare facilities - public… Residential healthcare facilities - public areas Close
| Smoking is Restricted | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2); Schedule 1, No. 16; Schedule 2, Nos. 2, 3, 4 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places, workplaces and health care facilities, among other places. Under the 2006 Regulations, smoking is prohibited in hospitals (the definition of which broadly covers any institution for the reception and treatment of persons suffering from illness), hospices, psychiatric hospitals and units, and health care premises. However, the Regulations exempt adult care homes, designated rooms in adult hospices, and designated rooms in psychiatric hospitals and units from the smoking ban. Proprietors of these types of facilities may designate rooms for smoking, although they are not obliged to do so, and these rooms should be designed for the use of residents, not staff or visitors. Because designated smoking rooms for use by residents are permitted, the regulatory status of “Smoking is Restricted” is used rather than “100% Smoke Free”
The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, because it does not provide for 100% indoor smoke free environments and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including adult hospices, adult care homes, and psychiatric hospitals and units. |
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| Residential healthcare facilities - patient… Residential healthcare facilities - patient rooms Close
| Smoking is Restricted | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2); Schedule 2, Nos. 2, 3, 4 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places, workplaces and health care facilities, among other places. Under the 2006 Regulations, smoking is prohibited in hospitals (the definition of which broadly covers any institution for the reception and treatment of persons suffering from illness), hospices, psychiatric hospitals or units and health care premises. However, the Regulations exempt adult care homes, designated rooms in adult hospices, and designated rooms in psychiatric hospitals and units from the smoking ban. Proprietors of these types of facilities may designate rooms for smoking, although they are not obliged to do so, and these rooms should be designed for the use of residents, not staff or visitors. The designated room must be clearly marked as a smoking room, fully enclosed and separately ventilated. Because a designated smoking room could potentially be a patient room, the regulatory status “Smoking is Restricted” is given.
The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, because it does not provide for 100% indoor smoke free environments and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including adult hospices, adult care homes, and psychiatric hospitals and units. |
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| Non-residential healthcare facilities Non-residential healthcare facilities Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2); Schedule 1, No. 16 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places, workplaces and health care facilities, among other places. Under the 2006 Regulations, smoking is prohibited in health premises, which are defined as “other premises which are not a hospital and which are suited for the purpose of providing medical, dental, pharmaceutical, ophthalmic or chiropody services to a non-resident person.” Therefore, non-residential health care facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential health care facilities. |
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| Childcare facilities/preschools Childcare facilities/preschools Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2); Schedule 1, Nos. 14, 17; Schedule 2, No. 1 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 Guidance on Smoking Policies for the NHS, local authorities, and care service providers, 2005 , Part 3(k) |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places, workplaces and educational facilities, among other places. The 2006 Regulations prohibit smoking in crèches, day nurseries, day centres and other premises used for the day care of children, and educational institutions. Therefore child care facilities and preschools (outside the home) are smoke free.
However, the 2006 Regulations exempt residential accommodations from the smoking ban. Therefore, smoking is not prohibited in homes in which child care givers visit. Guidance on Smoking Policies gives workers the right to write to all those who will be visited to ask them, and those who may be with them, not to smoke during the visit and ideally not to smoke for an hour or so before the visit is scheduled to take place. The FCTC Art. 8 Guidelines provide that careful consideration should be given to workplaces that are dwellings and workplaces that contain residential areas to ensure that workers are protected from tobacco smoke exposure. |
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| Primary and secondary schools Primary and secondary schools Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2); Schedule 1, No. 14 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 Education (Scotland) Act 1980 (c. 44), Section 135(1) |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places, workplaces and educational facilities, among other places. The 2006 Regulations prohibit smoking in educational institution premises, which are defined under the Education (Scotland) Act 1980 and include primary and secondary schools. Therefore, primary and secondary schools are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools. |
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| Universities/vocational facilities Universities/vocational facilities Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2); Schedule 1, No. 14 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 Regulation of Care (Scotland) Act 2001 (2001 asp 8), Section 2(4) |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places, workplaces and educational facilities, among other places. The 2006 Regulations prohibit smoking in educational institution premises. The definition of “educational institution” in the regulations includes institutions providing “higher education”, “further education”, “any other educational and vocational institution” and “school care accommodation service”. A “school care accommodation service,” as defined by the Regulation of Care (Scotland) 2001, is place of residential accommodation within or outside the school. Therefore, universities and vocational facilities, including residential accommodation, are smoke free. |
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| Shops Shops Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2); Schedule 1, No. 3 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 Regulations prohibit smoking in shops and shopping centers. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops. |
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| Cultural facilities Cultural facilities Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2); Schedule 1, No. 5, 6, 7, 9 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Sections 4(2), 40 |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 regulations list prohibit smoking in the following cultural facilities: libraries, archives, museums, and galleries; cinemas, concert halls, theaters, and other premises used for the entertainment of the public; premises used as a broadcasting studio or film studio or for the recording of a performance; and conference centers, public halls, and exhibition halls. In addition, the 2006 Regulations prohibit smoking in workplaces, which would encompass all other types of cultural facilities. Therefore, cultural facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities. |
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| Indoor stadium/arenas Indoor stadium/arenas Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2); Schedule 1, No. 19 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 Regulations prohibit smoking in sports centers, the definition of which includes premises “used to engage in sports or to witness sports.” Therefore, indoor stadiums and arenas are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas. |
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| Restaurants Restaurants Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2); Schedule 1, No. 1 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 Regulations prohibit smoking in restaurants. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants. |
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| Bars/pubs/nightclubs Bars/pubs/nightclubs Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2) and Schedule 1, Nos. 2, 6 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 Regulations prohibit smoking in bars and public houses, dance halls and discotheques. Therefore, bars, pubs, and nightclubs are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs. |
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| Casinos Casinos Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2) and Schedule 1, No. 6 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 Regulations prohibit smoking in casinos. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos. |
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| Hotels/lodging - public areas Hotels/lodging - public areas Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2) and Schedule 1, No. 4 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 Regulations prohibit smoking in hotels. Therefore, smoking is prohibited in the public areas of hotels and lodging. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels. |
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| Hotels/lodgings - guest rooms Hotels/lodgings - guest rooms Close
| Smoking is Restricted | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2) and Schedule 2, No. 5 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 Regulations prohibit smoking in hotels but specifically exempt “designated hotel bedrooms.” The designated room must be clearly marked as a smoking room, be fully enclosed (except for doors and windows), and be separately ventilated.
The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including hotel guest rooms. FCTC Art. 8 Guidelines para. 24 provides that “Parties have a continuous obligation to remove any exemptions as soon as possible and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.” |
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| Prisons/detention facilities - public areas Prisons/detention facilities - public areas Close
| 100% Smoke Free | Prisons and Young… |
Prisons are governed by the Prisons… Prisons are governed by the Prisons Scotland Act 1989 and the Prisons and Young Offenders Institutions (Scotland) Rules 2006. Section 31 of the Rules prohibits smoking in prisons except in designated cells and open air areas. Therefore, smoking is prohibited in indoor public areas of prisons. Therefore the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons. |
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| Prisons/detention facilities - cells Prisons/detention facilities - cells Close
| Smoking is Restricted | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2); Schedule 2, No. 6 Prisons and Young Offenders Institutions (Scotland) Rules (Scottish S.I. 2006 No. 94), Sections 22 and 31 |
Prisons are governed by the Prisons… Prisons are governed by the Prisons Scotland Act 1989 and the Prisons and Young Offenders Institutions (Scotland) Rules 2006. Section 31 of the 2006 Rules allows smoking in individual prison cells and in shared cells designated as smoking areas. In addition, the 2006 Regulations provide an exemption to the smoking ban and allow smoking in detention or interview rooms within a police station. These rooms must be clearly marked as a room where smoking is permitted, be fully enclosed (except for doors and windows) and be separately ventilated.
The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free, including prison cells. FCTC Art. 8 Guidelines para. 24 provides that “Parties have a continuous obligation to remove any exemptions as soon as possible and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.”
In 2011, some prisoners who were forced to share their cells with smokers have claimed compensation against the Scottish Prison Service. The case is still pending as July 2011. (See http://www.heraldscotland.com/news/home-news/exclusive-passive-smoking-victims-to-challenge-prison-service-1.1082079.) |
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| Trains, buses and other shared ground… Trains, buses and other shared ground transportation other than taxis Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2); Schedule 1, No. 21 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places and workplaces. Pursuant to the 2005 Act, the 2006 Regulations prohibit smoking in public transportation vehicles. Therefore, trains, buses and other shared ground transportation are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shared ground transportation. |
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| Taxis (for-hire vehicle) Taxis (for-hire vehicle) Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2); Schedule 1, No. 21 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places and workplaces. Pursuant to the Act, the 2006 regulations prohibit smoking in public transportation vehicles, the definition of which includes taxis and private hire car. Therefore, taxis and for-hire vehicles are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis. |
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| Commercial aircraft Commercial aircraft Close
| 100% Smoke Free | Air Navigation… |
Commercial aircraft do not come… Commercial aircraft do not come within the scope of the smoke free legislation. However, smoking is banned by the airlines themselves and the Air Navigation Order 2009 prohibits smoking on commercial aircraft where no-smoking notices are displayed.
Although commercial aircraft are de facto smoke free due to airline policy, the law itself should prohibit smoking on commercial aircraft in order to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. |
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| Commercial watercraft Commercial watercraft Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2); Schedule 1, No. 21 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places and workplaces. Pursuant to the Act, the 2006 Regulations prohibit smoking on “public transportation vehicles,” the definition of which includes “any vessel, boat or hovercraft.” Therefore, smoking is prohibited on commercial watercraft.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft. |
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| Public transport facilities (waiting areas… Public transport facilities (waiting areas for mass transit) Close
| 100% Smoke Free | The Prohibition of… The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 (Scottish S.I. 2006 No. 90), Section 1(2); Schedule 1, No. 20 Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Section 4 |
The 2005 Act authorized regulations… The 2005 Act authorized regulations to provide for smoke free public places and workplaces. The 2006 Regulations prohibit smoking in airport passenger terminals and any other public transportation facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities. |
Smoke Free Status of Outdoor Places
| Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way? Examples of such places include within a specified distance of doorways, outdoor patios of bars or restaurants, parks/beaches, outdoor stadiums, and outdoor markets. | No | |
Duties / Penalties
Expand All| Duty Imposed Upon Business Owners/Employers/Supervisors | Duty Imposed | Sanction(s) | Law Source, Article Number | Analysis |
|---|---|---|---|---|
| Post signs Post signs
Close
| Yes |
Fine Fine
| The Prohibition…
| Under the Smoking, Health and Social Care… Under the Smoking, Health and Social Care Act 2005, the person having management or control of the premises has a duty to display visible and legible signs stating smoking is prohibited and that it is an offense to smoke on such premises. The 2006 Regulations provide that no smoking notices shall be a minimum size of 230 mm by 160 mm and that the international “no smoking” symbol shall be at least 85 mm in diameter. The sign shall also display the name of the person to whom a complaint may be made but does not have to provide a phone number or another way to contact the person to whom the complaint may be made.
Section 4 of the 2006 Regulations provides that a violation of the duty to post signs is subject to a fine of £200, or £150 if the fine is paid within 15 days.
The legislation aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to penalties for the duty to post signs.
|
| Remove ashtrays Remove ashtrays
Close
| Yes |
None None
| Enforcement… Enforcement Protocol
| The law does not expressly impose a duty… The law does not expressly impose a duty upon business owners, employers, and supervisors to remove ashtrays from the premises. However, the Enforcement Protocol states that “ashtrays and other such receptacles should not be present in no smoking premises”. Although it is mentioned in the Enforcement Protocol, which is not a legally binding document, the law would more closely align with FCTC Art. 8 and the FCTC Art. 8 Guidelines if the law itself explicitly mentioned the duty to remove ashtrays.
|
| Steps to require a person to stop smoking… Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Close
| Yes |
Fine Fine
| The Prohibition…
| Under the Smoking, Health and Social Care… Under the Smoking, Health and Social Care (Scotland) Act 2005, a person managing or having control of a no- smoking premises that knowingly permits a person to smoke there commits an offense. Section 4 of the 2006 Regulations provides that a violation of this duty is subject to a fine of £200, or £150 if the fine is paid within 15 days.
The legislation aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to penalties for a violation of the duty to enforce.
|
| Duty Imposed Upon Smokers | Duty Imposed | Sanction(s) | Law Source, Article Number | Analysis |
| Not to smoke where prohibited Not to smoke where prohibited
Close
| Yes |
Fine Fine
| The Prohibition…
| The Smoking, Health and Social Care… The Smoking, Health and Social Care (Scotland) Act 2005 provides that a person who smokes in no-smoking premises commits an offense. Section 4 of the 2006 Regulations provides that a violation of this duty is subject to a fine of £50, or £30 if the fine is paid within 15 days.
The legislation aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to penalties for smokers.
|
Enforcement Authorities
Expand All| Authorized Agency | Jurisdiction | A Duty to Enforce is Placed on the Agency | Law Source, Article Number | Analysis |
|---|---|---|---|---|
Authorized officer of the… Authorized officer of the appropriate Council Close |
Council area in… Council area in which the premises are located |
No |
Smoking, Health… Smoking, Health and Social Care (Scotland) Act 2005 (2005 asp 13), Schedule 1 (fixed penalties)
Enforcement Protocol |
Enforcement officers… Enforcement officers have enforcement and inspection authorities. Enforcement officers assess whether premises comply with the legislation by determining whether owners, occupiers, managers or persons in control of premises have taken all reasonable precautions to deter smoking. The protocol states that “enforcement action should be taken forward only when the seriousness of the situation warrants it.” Inspection is either proactive, i.e., to confirm compliance or reactive, i.e., in response to a complaint. Because the enforcement officer has discretion on whether to bring an enforcement action, the law is interpreted as not imposing a duty to enforce. |
Sub-national Laws
| Are sub-national jurisdictions permitted to have smoke free laws? | No |
Key Terms
Expand All| Key Term | Defined | If Yes, Definition Provided in the Law | Law Source, Article Number | Analysis |
|---|---|---|---|---|
FCTC-Based Definition: Any form of contribution to any event, activity, or individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use directly or indirectly. (FCTC Art. 1(g)) | Tobacco Sponsorship Tobacco Sponsorship
Close
|
Yes |
Sponsorship agreement: a… Sponsorship agreement: a sponsorship agreement is an agreement under which in the course of a business, a party to it makes a contribution towards something, whether the contribution is in money or takes any other form (for example the provision of services or of contributions in kind).
|
Tobacco… Tobacco Advertising and Promotion Act 2002 (c. 36) , Sections 10(1), (2)
|
The legislation provides a definition of…
The legislation provides a definition of “sponsorship agreements,” rather than a definition of “tobacco sponsorship.” Substantive provisions prohibit engaging in “sponsorship agreements” where the purpose or effect is to promote a tobacco product. Together, the provisions align with the definitional elements and concepts of tobacco sponsorship set forth in FCTC Art. 1(g).
|
FCTC-Based Definition: Any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly. (FCTC Art. 1(c)) | Tobacco Advertising and… Tobacco Advertising and Promotion
Close
|
Yes |
“Tobacco advertisement… “Tobacco advertisement means an advertisement – (a) whose purpose is to promote a tobacco product, or (b) whose effect is to do so.”
|
Tobacco…
|
The definition of “tobacco…
The definition of “tobacco advertisement” is narrower than the definition of “tobacco advertising and promotion” contained in the FCTC because, by covering “advertisements” only, it may not cover some types of promotional recommendations and actions. Further, because the law does not define “advertisement,” the scope of the ban on tobacco advertising may not be clear. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, a definition of “tobacco advertising and promotion” should be provided in accordance with FCTC Art. 1(c).
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FCTC-Based Definition: Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f)) | Tobacco Product Tobacco Product
Close
|
Yes |
Tobacco product: “tobacco… Tobacco product: “tobacco product means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked or chewed.”
|
Tobacco…
|
The definition of “tobacco product”…
The definition of “tobacco product” aligns with the definition provided for in FCTC Art. 1(f).
|
Specialist Tobacconist Specialist Tobacconist
Close
|
Yes |
Specialist tobacconist:… Specialist tobacconist: “a specialist tobacconist is a shop selling tobacco products by retail (whether or not it also sells other things) more than half of whose sales on the premises in question derive from the sale of cigars, snuff, pipe, tobacco and smoking accessories.”
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Tobacco… Tobacco Advertising and Promotion Act 2002 (c. 36) , Section 6(2)
|
This definition is significant because…
This definition is significant because the law permits some forms of advertising at specialist tobacconist shops.
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Regulated Forms of Advertising, Promotion and Sponsorship
Expand All| Form of Advertising, Promotion or Sponsorship | Regulatory Status
Regulatory status options and their definitions.
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Law Source, Article Number | Analysis | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Domestic TV and radio (including all… Domestic TV and radio (including all broadcast media such as satellite and cable) Close |
Banned |
UK Code of Broadcast…
|
Tobacco advertising on domestic… Tobacco advertising on domestic television and radio has been prohibited since 1964 and 1978, respectively. Various regulatory agencies have governed broadcast media in the UK over the years.
Current rules are found in the UK Code of Broadcast Advertising, issued by the Broadcast Committee of Advertising Practice (BCAP), which prohibits advertising that promotes tobacco use or tobacco products. These rules apply to all broadcast media licensed by Ofcom (Office of Communications). In addition, the EU Audiovisual Media Services Directive (Directive 2010/13/EU) applies in the UK and prohibits audiovisual commercial communications for tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic TV, radio, and other broadcast media such as satellite and cable. |
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Domestic newspapers and magazines Domestic newspapers and magazines Close |
Banned |
Tobacco Advertising… Tobacco Advertising and Promotion Act 2002 (c. 36) , Sections 2, 3, 4
|
The law prohibits the publishing,… The law prohibits the publishing, printing, devising and distribution of tobacco advertisement in the course of a business. In addition, it specifically bans tobacco advertising in a newspaper, periodical or other publication published in the course of a business in the United Kingdom. However, tobacco advertising is allowed if it is within the tobacco trade.
FCTC Art. 13 Guidelines paras. 32 through 34 allows tobacco advertising for the purposes of communication within the tobacco trade. Therefore, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising in domestic newspapers and magazines. |
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Other domestic print media, such as… Other domestic print media, such as pamphlets, leaflet, flyers, posters, signs (not including print advertising at the point of sale) Close |
Banned |
The Tobacco and… The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Order 2010 (Scottish S.I. 2010 No. 345 (C. 20)), Schedule 2, para. 3
Tobacco Advertising and Promotion Act 2002 (c. 36) , Sections 2, 6(1) The Tobacco Advertising and Promotion (Point of Sale) (Scotland) Regulations 2004 (Scottish S.I. 2004 No. 144) |
Domestic print media is prohibited… Domestic print media is prohibited with the exception of advertisements inside point of sale at specialist tobacconist shops and other retail shops that sell tobacco. Because the point of sale exception is analyzed under a separate category, the regulatory status code of “Banned” is used here rather than “Some Restrictions.” Therefore, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to advertising in other domestic print media such as pamphlets, leaflets, flyers, posters and signs. However, to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban all forms of printed tobacco advertisements including in inside specialist tobacconist shops. |
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Domestic internet communications Domestic internet communications Close |
Banned |
Tobacco Advertising…
|
The legislation prohibits the… The legislation prohibits the distribution of a tobacco advertisement in electronic form by a person doing business in the UK. Further, the 2006 Regulations added Section 3A to the law, which explicitly prohibits tobacco advertising through the internet.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic internet communication. |
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Domestic internet tobacco product… Domestic internet tobacco product sales Close |
Allowed |
Tobacco and Primary…
|
The Tobacco Advertising and… The Tobacco Advertising and Promotion Act (TAPA) 2002, as amended by the TAP (Amendment) Regulations 2006, Section 4(5) (adding Section 4(1B)), excludes the sale of tobacco products by internet from the definition of an advertisement. Therefore, the internet sale of tobacco products and their display on websites is allowed. Although the Tobacco and Primary Medical Services (Scotland) (TPMS) Act 2010 prohibits the “display” of tobacco products, the Act specifically states that a website is not a “place” for purposes of prohibiting the “display” of tobacco products. (TMPS, Section 1(6)). Domestic internet sales are subject to domestic law, such as age restrictions on purchases and Customs & Revenue provisions.
The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, which expressly recognize that internet sales of tobacco products are a form of advertising. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should expressly ban domestic internet tobacco product sales. |
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International TV and radio (including… International TV and radio (including all broadcast media such as satellite and cable) Close |
Banned |
UK Code of Broadcast… UK Code of Broadcast Advertising, 10.3, 10.4, 10.5
Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010, Audiovisual Media Services Directive, Article 9 Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products, Article 4 |
The UK Code of Broadcast… The UK Code of Broadcast Advertising, issued by the Broadcast Committee of Advertising Practice (BCAP), prohibits advertising that promotes tobacco use or tobacco products. These rules apply to all broadcast media licensed by Ofcom (Office of Communications). Because Ofcom has the authority to regulate all broadcasters using the electromagnetic spectrum in the UK, it has the authority to license broadcasts originating outside the UK and broadcast in the UK. All frequencies on TV and the radio are licensed by Ofcom and are subject to the UK Code of Broadcast Advertising. Therefore, advertising on international broadcast media is prohibited. In addition, the EU Audiovisual Media Services Directive (Directive 2010/13/EU) prohibits audiovisual commercial communications for tobacco products throughout the EU. Similarly, EU Directive 2003/33/EC prohibits all forms of radio advertising for tobacco products.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international TV, radio, and other broadcast media such as satellite and cable. |
||||||||||
International newspapers and magazines International newspapers and magazines Close |
Some Restrictions |
Tobacco Advertising…
|
The law prohibits tobacco… The law prohibits tobacco advertising in foreign publications imported into UK and aimed at the UK or European market. However, the law allows tobacco advertising in a publication printed in a country that is not a European Economic Area (EEA) State and whose principal market is not an EEA State. Thus tobacco advertising could appear in publications imported into Scotland in limited circumstance, e.g., a publication printed in Asia and aimed at an Asian market but sold in Scotland.
Because the law restricts the importation of international newspapers and magazines that contain tobacco advertising, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines para. 52, which states that “Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory.” However, to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain provisions to ban tobacco advertising in all international newspapers and magazines, regardless of the country of origin and principal target market. |
||||||||||
International internet communications International internet communications Close |
Some Restrictions |
Tobacco Advertising… Tobacco Advertising and Promotion Act 2002 (c. 36) , Sections 2, 3A, 4
Tobacco Advertising and Promotion 2002 etc. (Amendment) Regulations 2006 (S.I. 2006 No. 2369), Sections 3, 4(4) |
The law prohibits tobacco… The law prohibits tobacco advertising via the internet aimed at the United Kingdom or European market. However, the law allows tobacco advertising via the internet if it is published by a person who does not do business in a European Economic Area (EEA) State and whose principal market is not an EEA State. Thus tobacco advertising could appear on an internet website accessible in Scotland but not aimed at the United Kingdom or European market. For example, an internet website in Bahasa Indonesian aimed at the Indonesia market could be accessed in the United Kingdom and could contain tobacco advertising.
Because the law restricts tobacco advertising on the internet, the law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines para. 52, which states that “Parties should make use of their sovereign right to take effective actions to limit or prevent any cross-border tobacco advertising, promotion and sponsorship entering their territory.” However, to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should contain provisions to ban tobacco advertising in all international internet communications, regardless of the country of origin and principal target market. |
||||||||||
International internet tobacco… International internet tobacco products sales Close |
Allowed |
Tobacco and Primary…
|
Section 8(2) of TAPA 2002 permits… Section 8(2) of TAPA 2002 permits the sale of tobacco products in the UK by internet websites based outside the EEA (European Economic Area). Although the TMPA 2010 prohibits the “display” of tobacco products, the Act specifically states that a website is not a “place” for purposes of prohibiting the “display” or tobacco products. (TMPA, Section 1(6)). Further, Section 8(2) of TAPA (as amended by Schedule 4 of the 2009 Health Act) states that it is not an offense for a service provider established outside the UK to do anything in the course of providing information society services.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should provide measures to limit or restrict the sale of tobacco products via websites based outside the UK. |
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Outdoor advertising (e.g.,… Outdoor advertising (e.g., billboards, posters) Close |
Banned |
Tobacco and Primary… Tobacco and Primary Medical Services (Scotland) Act 2010 (2010 asp 3), Schedule 2, Paragraph 3
Tobacco Advertising and Promotion Act 2002 (c. 36) , Sections 2, 6 |
The Tobacco Advertising and… The Tobacco Advertising and Promotion Act (TAPA) 2002 prohibits outdoor advertising under the general prohibition on publication of a tobacco advertisement. Although Section 6(1) of TAPA 2002 exempts from the ban advertising on the outside of specialist tobacconist shops in the UK, the Tobacco and Primary Medical Services (Scotland) Act 2010 amended TAPA 2002, Section 6 (for Scotland only) to prohibit print tobacco advertising on the outside of specialist tobacconist shops, permitting advertising inside their premises only.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising. |
||||||||||
Point of sale advertising/promotion Point of sale advertising/promotion Close |
Some Restrictions |
The Tobacco and… The Tobacco and Primary Medical Services (Scotland) Act 2010 (Display of Tobacco and Prices) Regulations 2010, Sections 3, 7, 16
The Tobacco and Primary Medical Services (Scotland) Act 2010 (Commencement No. 1, Consequential and Saving Provisions) Order 2010 (Scottish S.I. 2010 No. 345 (C. 20)), Schedule 2, Part I Tobacco Advertising and Promotion Act 2002 (c. 36) , Sections (2), 4(3), 6(1)(a) The Tobacco Advertising and Promotion (Point of Sale) (Scotland) Regulations 2004 (Scottish S.I. 2004 No. 144), Sections 4, 5(1) |
Limited advertising is permitted… Limited advertising is permitted inside point of sale at specialist tobacconist shops and other retail shops. Section 2 of the Tobacco Advertising and Promotion Act (TAPA) 2002 generally prohibits tobacco advertising. Although Section 6 of TAPA 2002 permits specialist tobacconist shops to have advertisements inside and outside of shops, Schedule 2 of the Tobacco and Primary Medical Services (Scotland) (TPMS) Act 2010 amended TAPA 2002, Section 6 (for Scotland only) to prohibit print tobacco advertising on the outside of specialist tobacconist shops, permitting advertising inside their premises only. In other shops that sell tobacco, the TAP (Point of Sale) (Scotland) Regulations 2004 allow only one A5 size advertisement, on one gantry or display unit within the retail establishment, with the name, emblem or other feature, the price and size of the packet of products offered.
The TPMS Regulations (Display of Tobacco and Prices) 2010 will prohibit advertising at point of sale in retail shops, permitting only price lists with regulated information. The regulations will also limit advertising at specialist tobacconist shops to inside the shop only, prohibiting any ads that are visible from outside the shop. However, the implementation of the 2010 Regulations has been delayed due to legal challenges by the tobacco industry.
The current regulations do not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines because they permit advertising at point of sale. When implemented, the 2010 Regulations will align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retail shops but not with respect to specialist tobacconists. To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all advertising and promotion at point of sale, including inside specialist tobacconist shops, should be prohibited. |
||||||||||
Point of sale product display Point of sale product display Close |
Allowed |
Tobacco and Primary…
|
Product display at point of sale… Product display at point of sale is currently allowed in Scotland. However, in 2010 regulations were adopted that would prohibit the display of tobacco products at point of sale in retail establishments, but continue to allow product display at specialist tobacconist shops, bulk tobacconists, and duty-free shops. The implementation of the 2010 regulations has been delayed due to legal challenges by the tobacco industry. The current law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines because it allows product display at point of sale. The 2010 legislation, when effective, will align with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to retail shops but not with respect to specialist tobacconists, bulk tobacconists and duty free shops. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all display of tobacco products should be prohibited. |
||||||||||
Vending machines Vending machines Close |
Allowed |
Tobacco and Primary…
|
The Tobacco and Primary Medical… The Tobacco and Primary Medical Services (Scotland) (TPMS) Act 2010, Section 9, prohibits the sale of tobacco products by vending machines. This section was originally scheduled to come into effect in October 2011. Implementation has been delayed due to a challenge by the industry, which is now seeking leave to appeal an adverse judgment. Pending appeal, those retaining tobacco vending machines will be required to register as tobacco retailers on the free central national register by October 1, 2011. Because of the pending appeal and uncertainty of implementation, the regulatory status code of “Allowed” is used here rather than “Banned.”
Section 9 of the TPMS, if in effect, aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, and meets FCTC Art. 16 (sales to and by minors) with respect to vending machines. |
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Conventional mail Conventional mail Close |
Banned |
Tobacco Advertising… Tobacco Advertising and Promotion Act 2002 (c. 36) , Sections 2(1), 2(2)
|
The law does not specifically… The law does not specifically address tobacco advertising through conventional mail. However, the law prohibits tobacco advertisements published, printed, devised or distributed in the UK by a person in the course of a business. This is interpreted as prohibiting publication and delivery of tobacco advertisements through conventional mail.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to conventional mail. |
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Telephone and cellular phone Telephone and cellular phone Close |
Banned |
Tobacco Advertising… Tobacco Advertising and Promotion Act 2002 (c. 36) , Section 2(3)
UK Code of Broadcast Advertising, Sections 10.3, 10.4, 10.5 |
The legislation prohibits the… The legislation prohibits the distribution of a tobacco advertisement in electronic form by a person who doing business in the UK. This is interpreted as covering telephone and cellular phone communications. Further, the UK Code of Broadcast Advertising (BCAP Code) prohibits advertising that promotes tobacco use or tobacco products. These rules apply to all broadcast media licensed by Ofcom (Office of Communications), which includes mobile phone providers.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to tobacco advertising and promotion by telephone and cellular phone. |
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Distinctive words, designs, images,… Distinctive words, designs, images, logos, sounds or colors to promote tobacco products in entertainment venues, retail outlets, on vehicles and equipment (brand marking on physical structures, other than on tobacco product packaging and labeling and print materials). Close |
Banned |
Tobacco Advertising…
|
The law prohibits the use of any… The law prohibits the use of any non-tobacco product or service of any images, logos or emblems associated with a tobacco product. Thus, brand marking is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking. |
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Tobacco packaging, labeling and… Tobacco packaging, labeling and inserts Close |
Some Restrictions |
The Tobacco Products…
|
The regulations of 2002… The regulations of 2002 (Manufacture, Presentation and Sale) prohibit the use of misleading terms and descriptors on tobacco product packages. There currently are no other restrictions, other than the requirement for health warnings on promotional elements of tobacco product packaging.
The FCTC Art. 13 Guidelines provide that Parties should consider adopting plain packaging requirements, with nothing other than a brand name, a product name and/or manufacturer’s name contact details and product quantity in prescribed font style and size, without any logos or other promotional features allowed. Internal tobacco industry documents show that product packaging and labeling are an important advertising vehicle for the industry, especially when other forms of advertising and promotion are banned or restricted. The government initiated a public consultation on plain packaging in April 2012 and will decide whether to pursue plain packaging measures depending on the outcome of the consultation.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit promotional features on or in tobacco products and their packaging and labeling, in accordance with FCTC Art. 13 Guidelines para. 16. |
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Free distribution of tobacco products Free distribution of tobacco products Close |
Banned |
Tobacco Advertising…
|
The law specifically prohibits the… The law specifically prohibits the free distribution of any tobacco product to the public in the United Kingdom.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines and meets FCTC Art. 16 with respect to the free distribution of tobacco products. |
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Promotional gifts, discounts, prizes,… Promotional gifts, discounts, prizes, rewards to consumers in conjunction with a tobacco product purchase(e.g., buy one pack, get one free, or key chains, t-shirts, points or coupons) Close |
Banned |
Tobacco Advertising…
|
The law specifically prohibits the… The law specifically prohibits the distribution of any product or coupon to the public in the United Kingdom if the purpose or effect of such distribution is to promote a tobacco product. Therefore, offering or distributing promotional discounts, gifts, prizes, and rewards to consumers in conjunction with a tobacco product purchase is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional discounts, gifts, and prizes. |
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Competitions associated with tobacco… Competitions associated with tobacco products or brand names, whether requiring the purchase of a tobacco product or not Close |
Banned |
Tobacco Advertising… Tobacco Advertising and Promotion Act 2002 (c. 36) , Section 10
|
The law prohibits sponsorship… The law prohibits sponsorship agreements whose purpose or effect is to promote a tobacco product in the United Kingdom. The definition of “sponsorship agreements” is broad and covers any agreement where a party makes a contribution, regardless of whether it is financial or in-kind. Because competitions associated with a tobacco product would entail an agreement where a tobacco company lends it name, such a competition would violate the provision prohibiting sponsorship agreements that promote tobacco.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to competitions associated with tobacco products. |
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Direct person to person targeting of… Direct person to person targeting of individuals Close |
Allowed |
Tobacco Advertising…
|
Direct person-to-person… Direct person-to-person communication does not appear to be covered by the general prohibition in Section 2 of the Advertising and Promotion Act 2002, as person-to-person communication does not necessarily involve publishing, printing or distributing an ad or transmitting it in electronic form. Therefore the regulatory status “Allowed” is given.
To aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all forms of direct marketing.
|
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Non-tobacco products or services… Non-tobacco products or services using tobacco brand names or carrying a brand logo or other brand indicia (brand stretching) Close |
Banned |
Tobacco Advertising…
|
The law prohibits the use of any… The law prohibits the use of any name, logo, or other feature of a tobacco product in connection with any non-tobacco product or service, if the purpose or effect of such use is to promote a tobacco product. Thus, brand stretching is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching. |
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Tobacco products or services using… Tobacco products or services using non-tobacco brand names (reverse brand stretching or brand sharing) Close |
Banned |
Tobacco Advertising…
|
The law prohibits the use of any… The law prohibits the use of any feature associated with a non-tobacco product in connection with any tobacco product or service, if the purpose or effect of such use is to promote a tobacco product.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to reverse brand stretching. |
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Toys that resemble tobacco products Toys that resemble tobacco products Close |
Allowed |
|
The law does not prohibit the sale… The law does not prohibit the sale of toys that resemble tobacco products.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale of toys that resemble tobacco products. |
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Candy that resembles tobacco products Candy that resembles tobacco products Close |
Allowed |
|
The law does not prohibit the sale… The law does not prohibit the sale of candy that resembles tobacco products.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the sale of candy that resemble tobacco products. |
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Retailer incentive programs (e.g.,… Retailer incentive programs (e.g., rewards to retailers for achieving certain sales volume, enhanced displays, etc.) or other payments to encourage them to sell tobacco products Close |
Allowed |
Tobacco Advertising… Tobacco Advertising and Promotion Act 2002 (c. 36) , Section 4(1)
|
The law exempts from the… The law exempts from the advertising ban communications made in the course of business that are part of the tobacco trade. As a result, retailer incentive programs are allowed under the Tobacco Advertising and Promotion Act 2002.
The law does not align with FCTC Art. 13 and the FCTC Art. 13 Guidelines. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, all forms of tobacco promotion should be prohibited, including retailer incentive programs. |
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Paid placement of tobacco products in… Paid placement of tobacco products in TV, film or other media Close |
Banned |
Tobacco Advertising…
|
The Product Placement Regulations… The Product Placement Regulations prohibit product placement in UK-made TV and on-demand programs of any tobacco product including electronic or smokeless cigarettes, tobacco accessories such as lighters and cigarette papers or pipes intended for smoking.
The Tobacco Advertising and Promotion Act (TAPA) 2002 can be interpreted as prohibiting tobacco product placement in other types of media under the general ban on tobacco advertising, which includes a prohibition on distributing a tobacco advertisement in electronic form.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products in TV, film, and other media. |
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Unpaid depiction of tobacco use or… Unpaid depiction of tobacco use or tobacco products in TV, film or other media that is not legitimate journalistic, artistic, or academic expression or legitimate social or political commentary Close |
Some Restrictions |
Tobacco Advertising…
|
The Tobacco Advertising and… The Tobacco Advertising and Promotion Act (TAPA) 2002 does not apply to unpaid depiction because the definition of advertising applies only to dealings in “the course of business.” However, the Ofcom Broadcasting Codes provides that in TV programs aimed at children, smoking must not be featured, condoned, encouraged or glamorized unless there is strong editorial justification. Therefore, the regulatory status “Some Restrictions” is given.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid placement of tobacco products in accordance with FCTC Art. 13 Guidelines paras. 29-32. |
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Financial or other sponsorship or… Financial or other sponsorship or support by the tobacco industry to events, activities, individuals or groups (e.g., groups involved in sports, the arts, politics, charitable or welfare, or other activities, or youth smoking prevention programs) Close |
Allowed |
Tobacco Advertising… Tobacco Advertising and Promotion Act 2002 (c. 36) , Section 10
|
The law prohibits sponsorship… The law prohibits sponsorship agreements made in the course of business, whose purpose or effect is to promote a tobacco product in the United Kingdom. The law, however, permits a financial contribution by the tobacco industry that does not have as its purpose or effect the promotion of tobacco products. Thus, financial or other sponsorship or support (without publicity) is allowed. This provision permits tobacco companies to contribute to “socially responsible causes” or participate in public education campaigns such as “youth smoking prevention campaigns” if the contribution is not publicized.
To fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all financial or other sponsorship or support by the tobacco industry to events, activities, individuals/groups, organizations, or governments, regardless of whether that contribution is publicized. |
||||||||||
Publicity of financial or other… Publicity of financial or other sponsorship or support by the tobacco industry if tobacco sponsorship is not banned Close |
Banned |
Tobacco Advertising… Tobacco Advertising and Promotion Act 2002 (c. 36) , Section 10
|
The law prohibits sponsorship… The law prohibits sponsorship agreements made in the course of business, whose purpose or effect is to promote a tobacco product in the United Kingdom. This prohibition applies to contributions in money or any other form. Thus, publicity of tobacco industry sponsorship of any kind is prohibited.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to publicity of sponsorship. |
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Financial or other support by the… Financial or other support by the tobacco industry to venue operators such as clubs, pubs, other entertainment venues, or tobacco sales outlets, in exchange for building, renovating, furnishing, or decorating the premises in a way that promotes tobacco use Close |
Banned |
Tobacco Advertising… Tobacco Advertising and Promotion Act 2002 (c. 36) , Sections 10 and 11
|
The law prohibits sponsorship… The law prohibits sponsorship agreements made in the course of business, whose purpose or effect is to promote a tobacco product in the United Kingdom. This prohibition applies to a contribution made in money or any other form. We interpret these provisions as banning financial or other support by the tobacco industry to entertainment, recreational, sales, or other venue operators for building, renovating, furnishing, or decorating the premises in a way that promotes tobacco products or use. In addition, the law prohibits brandsharing and these types of actions by venue operators would be prohibited as brandsharing.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to these types of payments and promotional practices. |
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Financial or other support by the… Financial or other support by the tobacco industry to venue operators such as restaurant, clubs, or pubs in exchange for allowing direct customer sales on premises Close |
Allowed |
Tobacco and Primary…
|
Although this is not a common… Although this is not a common practice (because restaurants, clubs, and pubs are smoke free), the law does not specifically prohibit these kinds of financial arrangements, provided that the venue operator is registered as a tobacco retailer as of October 2011. However, under the Tobacco and Primary Medical Services (Scotland) (TPMS) Act 2010 and the Display of Tobacco and Price Regulations 2010, the display of tobacco products at point of sale will be prohibited as of 2015. This would effectively prohibit direct customer sales, as this practice generally involves the open display of tobacco products by the sales agents to customers without request.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines the law should prohibit payments to venue operators in exchange for allowing direct customer sales. |
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Payments or other contributions in… Payments or other contributions in exchange for the exclusive sale or prominent display of a particular product or a particular manufacturer's product in a retail outlet, at a venue, or at an event Close |
Some Restrictions |
Tobacco and Primary… Tobacco and Primary Medical Services (Scotland) Act 2010 (2010 asp 3), Section 1
The Tobacco and Primary Medical Services (Scotland) Act 2010 (Display of Tobacco and Prices) Regulations 2010 Tobacco Advertising and Promotion Act 2002 (c. 36) , Section 4(3)(a) The Tobacco Advertising and Promotion (Point of Sale) (Scotland) Regulations 2004 (Scottish S.I. 2004 No. 144), Section 3 |
These types of payments are not… These types of payments are not specifically addressed in the law. However, by virtue of the restrictions on tobacco product display, these types of financial arrangements would be limited. For example, prominent display of a tobacco product would be limited by the restrictions in the TAP (Point of Sale) Regulations 2004. Further, as of April 2015, display of tobacco products at retail outlets will be prohibited under the Tobacco and Primary Medical Services (Scotland) (TPMS) Act 2010 and the TPMS Regulations (Display of Tobacco and Prices) 2010.
Until the display ban comes into effect, to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically prohibit these types of financial arrangements. |
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Promotion by any means that are… Promotion by any means that are false, misleading or deceptive or likely to create an erroneous impression about a product's characteristics, health effects, hazards or emissions (covering any term, descriptor, trademark, emblem, marketing image, logo, color and figurative, or any other indicia) Close |
Banned |
The Tobacco Products…
|
The law bans on tobacco products… The law bans on tobacco products packaging the use of any name, brand name, text, trademark, or pictorial or any other representation or sign which suggests that that tobacco product is less harmful to health than other tobacco products. It should be noted that the Tobacco Advertising and Promotion Act (TAPA) 2002 is comprehensive and bans tobacco advertising; therefore, false and misleading advertising is banned under the general advertising ban.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotion by means that are false, misleading, deceptive, or likely to create an erroneous impression. |
Action Required for Advertising, Promotion and Sponsorship Not Banned
Expand All| Action Required for Advertising, Promotion and Sponsorship Not Banned | Regulatory Status | Law Source, Article Number | Analysis |
|---|---|---|---|
Disclosure to the government by the tobacco… Disclosure to the government by the tobacco industry of information on advertising, promotion and sponsorship activities and expenditures Close |
Not Required |
|
The law does not provide for this disclosure… The law does not provide for this disclosure because there is a comprehensive ban on tobacco advertising, promotion and sponsorship in place. However, some forms are advertising are still permitted at some points of sale and some promotional practices (e.g. retailer incentive programs) may not be covered under the ban. Therefore, to align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, disclosure should be required. The FCTC Art. 13 Guidelines, para. 43 provide that, while the requirement for this kind of disclosure applies only to Parties that do not have a comprehensive ban, all Parties should implement the disclosure requirement in that it may help Parties that consider that they have a comprehensive ban to identify any advertising, promotion or sponsorship not covered by the ban or engaged in by the tobacco industry in contravention of the ban. |
Health warning messages required on… Health warning messages required on permitted forms of tobacco advertising, promotion and sponsorship Close |
Required |
The Tobacco…
|
The TAPA (Specialist Tobacconist) (Scotland) 2004… The TAPA (Specialist Tobacconist) (Scotland) 2004 regulations require a health warning on advertisements inside specialist tobacconist shops, occupying 30% of the ad space or at least 22.5 cm2 if the advertisement is greater than 75cm2. In other shops that sell tobacco, the TAPA (Point of Sale) (Scotland) Regulations 2004 require a health warning occupying 30% of the surface of the advertisement (which may not be more than A5 size).
The law aligns with Art. 13 FCTC and the Art. 13 FCTC Guidelines, which recommend the adoption of health messages where tobacco advertising is still permitted by the law. |
Disclosed information readily available to… Disclosed information readily available to the public Close |
Not Required |
Tobacco…
|
The law does not provide for tobacco industry… The law does not provide for tobacco industry disclosures and therefore does not require that disclosed information be readily available to the public. To align with Art. 13 and the FCTC Art. 13 Guidelines, the law should impose a mandatory disclosure requirement on the tobacco industry and require that such disclosures be made available to the public in accordance with FCTC Art. 13.4(d) and FCTC Art. 13 Guidelines paras. 41 and 42. |
Penalties
Expand All| Activities / Violations | Entities That Can Be Held Responsible | Sanction(s) | Enforcement Agency | Law Source, Article Number | Analysis |
|---|---|---|---|---|---|
Advertising… Advertising and Promotion Close |
For tobacco advertising… For tobacco advertising in general:
Any person guilty of an offence under any provision of the Act, which includes officers of corporations and the corporations themselves.
For tobacco advertising in newspapers:
(a)Any proprietor or editor of the publication;
(b) any person who (directly or indirectly) procured the inclusion of the advertisement in the publication
(c) any person who sells the publication or offers it for sale, or otherwise make it available to the public |
Fine, Jail Fine, Jail |
Local weight and… Local weight and measures authorities |
Tobacco… Tobacco Advertising and Promotion Act 2002 (c. 36) , Sections 3, 13, 16 Health Act 2009 (c. 21), Schedule 4 |
Violators of advertising and… Violators of advertising and promotion provisions of TAPA are subject to the following: 1) upon summary conviction, imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both; 2) upon conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties depending on seriousness of the violations (civil and criminal penalties). The law does not specifically provide for corrective action; however this may be available under other general law statutes. |
Sponsorship Sponsorship Close |
Any person guilty of an… Any person guilty of an offence under any provision of the Act, which includes officers of corporations and the corporations themselves. |
Fine, Jail Fine, Jail |
Local weight and… Local weight and measures authorities |
Tobacco… Tobacco Advertising and Promotion Act 2002 (c. 36) , Sections 3, 13, 16 Health Act 2009 (c. 21), Schedule 4 |
Violators of sponsorship… Violators of sponsorship provisions of TAPA are subject to the following: 1) upon summary conviction, imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both; 2) upon conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.
The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that it provides for a range of penalties depending on seriousness of the violations (civil and criminal penalties). The law does not specifically provide for corrective action; however this may be available under other general law statutes. |
Key Terms
Expand All| Key Term | Defined | If Yes, Definition Provided in the Law | Law Source, Article Number | Analysis |
|---|---|---|---|---|
FCTC-Based Definition: Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f)) | ||||
Tobacco Product Tobacco Product
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Yes |
Tobacco product: a… Tobacco product: a product consisting wholly or partly of tobacco, whether genetically modified or not and intended to be smoked, sniffed or sucked or chewed.
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The Tobacco…
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The definition of “tobacco product”…
The definition of “tobacco product” aligns with the definition of “tobacco product” provided in the FCTC.
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FCTC-Based Definition: Any packaging and labeling used in the retail sale of the product. (FCTC Art. 11(4)) | ||||
Outside Packaging and Labeling Outside Packaging and Labeling
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Yes |
Packet: in relation to a… Packet: in relation to a tobacco product, means any box, package, container, wrapping or other receptacle which contains the product and in which the product is, or is intended to be, presented for retail supply, excluding any additional transparent outer wrapping which may be discarded on opening and excluding any wrapping of individual cigars or cigarillos, and where any such receptacle is or is to be contained in another receptacle (excluding such outer wrapping) includes each receptacle.
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The Tobacco…
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The definition of “packet” aligns with…
The definition of “packet” aligns with the FCTC definition of “outside packaging and labeling” in that it covers “any box, package, container wrapping or other receptacle” used in the retail sale of the product.
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Most Visible Surface Most Visible Surface
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Yes |
Most visible surface: in… Most visible surface: in relation to a rectangular cigarette package, means that surface of the packet which is, or is equal in area to, the largest surface and either: (a) Faces the person opening that packet; or (b) where no surface faces a person opening the packet, carries most prominently the name and in relation to other packets for tobacco products means the conspicuous surface.
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The Tobacco…
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The definition of “most visible…
The definition of “most visible surface” is significant because the law does not require pictorial warnings on this side of the packet for smoked tobacco products.
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Other Most Visible Surface Other Most Visible Surface
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Yes |
Other most visible… Other most visible surface: in relation to a rectangular cigarette packet means the side opposite to the most visible surface.
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The Tobacco…
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The definition of “other most visible…
The definition of “other most visible surface” is significant because the law requires pictorial warnings on this side of the packet for smoked tobacco products.
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Health Warnings/Messages Features
| Type of product: Smoked Tobacco Products | |
|---|---|
| Law Source, Article Number: | The Tobacco Products (Manufacture, Presentation and Sale) (Safety) (Amendment) Regulations 2007 (S.I. 2007 No. 2473), Arts. 2, 3 The Tobacco Products (Manufacture, Presentation and Sale) (Safety) (Amendment) Regulations 2007 (S.I. 2007 No. 2473), Arts. 7, 8, 9 |
| URL of Government-sponsored Web site of health warning text and/or images: | |
| Type of Warnings/ Messages Required | Pictures (Photos), Text Warnings/Messages |
| Location and Size of Warnings/ Messages on Unit Packaging: | 30% of front, 40% of back |
| Rotation Required? | Required |
| No. of Warnings/Messages authorized to be displayed at any given time | 17 |
| Length of Rotation period | Specified 12 months |
| Analysis | The law mandates the display of one of two text warnings occupying 30% of the front of the package, and one of 14 picture warnings with accompanying text occupying 40% of the back of the package. Tobacco products designed only for the retail travel sector (duty free products) can carry the picture warning number 14, or an alternative picture warning specifically provided for duty free products. The warning area must be enclosed by a border, which is not included in the 30% and 40% calculation. The front and back warnings must be rotated so that each warning appears a roughly equal number of times over a 12-month period (between 47.5% and 52.5% for front surface warnings, and between 4.16% and 8.33% for back surface warnings). Warnings on cartons must be rotated equally over a three-year period. While the law aligns with the minimum size requirements of FCTC Art. 11 with respect to size (at least 30%), to fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require that warnings cover at least 50% of both principal display areas, and include picture warnings on both display areas. In addition, the law should mandate that the responsible authority update the content of the warnings every 12–36 months. |
| Type of product: Smokeless Tobacco Products | |
| Law Source, Article Number: | The Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 (S.I. 2002 No. 3041), Arts. 7, 8, 9 The Tobacco Products (Manufacture, Presentation and Sale) (Safety) (Amendment) Regulations 2007 (S.I. 2007 No. 2473), Arts. 2, 3 |
| URL of Government-sponsored Web site of health warning text and/or images: | |
| Type of Warnings/ Messages Required | Text Warnings/Messages |
| Location and Size of Warnings/ Messages on Unit Packaging: | 30% of front |
| Rotation Required? | Not Required |
| No. of Warnings/Messages authorized to be displayed at any given time | 1 |
| Length of Rotation period | Unspecified |
| Analysis | The law requires producers of smokeless tobacco products to put the following warning on the most visible surface: “This tobacco product can damage your health and is addictive.” The law does not align with FCTC Art. 11 and the FCTC Art. 11 Guidelines because it requires the display of only one health message on one principal display area. To fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require that one of a multiple set of picture warnings be displayed on both sides of the package of smokeless tobacco products, occupying at least 50% of the display area. In addition, the law should mandate that the warnings be updated every 12–36 months. |
Warnings/Messages Content
| Does the content of the warnings/messages address: | |
|---|---|
| Health Impacts | Yes |
| Advice on cessation (e.g., the benefits of cessation or steps to take to stop smoking) | Yes |
| The addictive nature of tobacco | Yes |
| Adverse economic and social outcomes | No |
| The Impact of tobacco use on friends and family | Yes |
| A quitline phone number | Yes |
| Text or description of pictorial depictions of current required warnings/messages | Smoked Tobacco Products
Front surface:
Back surface:
Alternative picture warning for retail travel (duty-free) sector (as an alternative to message number 14 above):
Smokeless Tobacco Products |
Other Packaging and Labeling Requirements
Expand All| Legislative Provision | Status | Law Source, Article Number | Analysis |
|---|---|---|---|
Warning requirements on unit packaging and… Warning requirements on unit packaging and labeling (e.g. packs) Close |
Yes |
The Tobacco…
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The law requires that warnings be displayed on… The law requires that warnings be displayed on “each packet,” which includes “any box, package or container.” Therefore, warnings are required on unit packaging and labeling. The law meets FCTC Art. 11 with respect to unit packaging. |
Warning/messages required on outside… Warning/messages required on outside packaging and labeling (e.g. cartons) Close |
Yes |
The Tobacco…
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The law requires that warnings be displayed on… The law requires that warnings be displayed on “each packet,” which includes “any box, package or container.” The warning requirement applies to “packets other than packet which immediately encloses the tobacco products.” Thus, warnings are required on outside packaging and labeling. The law meets FCTC Art. 11 with respect to outside packaging and labeling. |
Warning texts must be in the principal… Warning texts must be in the principal language(s) of the country Close |
Yes |
The Tobacco…
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The law does not specifically state that… The law does not specifically state that warning text must be in English. However, by law, the warnings must be duplicated as provided, which is in English. The law meets FCTC Art. 11 with respect to warnings being in the principal language of the country. |
A requirement that warnings or messages… A requirement that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack Close |
Yes |
The Tobacco…
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The law provides that warnings shall not be… The law provides that warnings shall not be hidden, obscured, or interrupted by the opening of the packet. The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect. |
A requirement that warnings or messages… A requirement that warnings or messages may not be placed where they may be concealed by tax stamps or other required markings Close |
Yes |
The Tobacco…
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The law provides that warnings shall not be… The law provides that warnings shall not be printed on the tax stamps on any packet of a tobacco product, or be hidden, obscured, or interrupted by other written or pictorial matter. The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in this respect. |
A requirement to display qualitative… A requirement to display qualitative (descriptive) constituents and emissions messages Close |
No |
The Tobacco…
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The law does not require qualitative… The law does not require qualitative constituents and emissions disclosures. To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should require qualitative constituents and emissions disclosures and prohibit the display of figurative emission yields, as figurative yields can be misleading to consumers. |
Prohibition on the display of figures for… Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide) Close |
No |
The Tobacco…
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The law does not prohibit the display of… The law does not prohibit the display of figurative emission yields. To the contrary, the law requires the display of figures for emission yields on the side of the packet of tobacco products, including tar, nicotine, and carbon monoxide yields. This provision does not align with FCTC Art. 11 and the FCTC Art. 11 Guidelines. FCTC Art. 11 Guidelines para. 34 states: “Parties should not require quantitative or qualitative statements on tobacco product packaging and labelling about tobacco constituents and emissions that might imply that one brand is less harmful than another, such as the tar, nicotine and carbon monoxide figures. . . .” To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should prohibit the display of figures for emission yields. |
Plain or Standardized Packaging Plain or Standardized Packaging Close |
No |
The Tobacco…
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Plain packaging of tobacco products is not… Plain packaging of tobacco products is not required in Scotland. However, the government initiated a public consultation on plain packaging in April 2012 and will decide whether to pursue plain packaging measures depending on the outcome of the consultation. If adopted, plain packaging would be required in all of the UK.
The FCTC Art. 11 Guidelines provide that Parties should consider adopting plain packaging measures that restrict or prohibit the use of logos, colors, brand images or other promotional information on packaging other than brand and product names displayed in a standard color and font style. To increase the noticeability of health warnings, and ultimately protect consumers from misleading product packaging and labeling, the UK should adopt plain packaging measures. |
Prohibition on misleading tobacco product… Prohibition on misleading tobacco product packaging and labeling including terms, descriptors, trademarks, or figurative or other signs (e.g., logos, colors, brand images that directly create a false impression that a tobacco product is less harmful than other tobacco products) Close |
Yes |
The Tobacco…
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The law prohibits the use of any name, brand… The law prohibits the use of any name, brand name, text, trademark, or pictorial or any other representation or sign which suggest that that a tobacco product is less harmful to health than another tobacco product. The law aligns with FCTC Art. 11 with respect to misleading terms, descriptors, and other signs. |
Penalties
Expand All| Violator | Gov. Body Responsible for Enforcement | Available Penalties | Law Source, Article Number | Analysis |
|---|---|---|---|---|
| Manufacturer Close | Weights and… Weights and Measures Authority |
Fine, Jail, Other (e.g.,… Fine, Jail, Other (e.g., seizure of the product, publication of the violation/violator) |
The Tobacco… The Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 (S.I. 2002 No. 3041), Sections 14, 15 Consumer Protection Act 1987 (c. 43), Sections 12(3), 12(5), 17, 29(7) |
The Consumer Protection Act 1987 provides… The Consumer Protection Act 1987 provides that failure to give information required for a specific good is an offense. A person guilty of this offense shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both. In addition, an officer may seize goods in order to prevent a contravention of any safety provisions. Therefore, an officer may seize tobacco product packs that do not comply with the warning requirements set out in the Tobacco Products Regulations. The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties depending on seriousness of the violations (civil and criminal penalties). |
| Importer Close | Weights and… Weights and Measures Authority |
Fine, Jail, Other (e.g.,… Fine, Jail, Other (e.g., seizure of the product, publication of the violation/violator) |
The Tobacco… The Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 (S.I. 2002 No. 3041), Sections 14, 15 Consumer Protection Act 1987 (c. 43), Sections 12(3), 12(5), 17, 29(7) |
The Consumer Protection Act 1987 provides… The Consumer Protection Act 1987 provides that failure to give information required for a specific good is an offense. A person guilty of this offense shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both. In addition, an officer may seize goods in order to prevent a contravention of any safety provisions. Therefore, an officer may seize tobacco product packs that do not comply with the warning requirements set out in the Tobacco Products Regulations. The law aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines in that it provides for a range of penalties depending on seriousness of the violations (civil and criminal penalties). |
| Wholesaler Close | n/a n/a |
None None |
The Consumer Protection Act and its… The Consumer Protection Act and its regulations do not impose liability on wholesalers or retailers for violations of packaging and labeling provisions. The regulations impose obligations only on “producers,” which is defined as a person who manufacturers or imports a product.
FCTC Art. 11 Guidelines para. 55 states: “Parties should specify that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labelling measures.” Therefore, to align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should impose penalties on wholesalers and retailers who sell products that do not carry the required warnings. |
|
| Retailer Close | n/a n/a |
None None |
The Consumer Protection Act and its… The Consumer Protection Act and its regulations do not impose liability on wholesalers or retailers for violations of packaging and labeling provisions. The regulations impose obligations only on “producers,” which is defined as a person who manufacturers or imports a product.
FCTC Art. 11 Guidelines para. 55 states: “Parties should specify that tobacco product manufacturers, importers, wholesalers and retail establishments that sell tobacco products bear legal responsibility for compliance with packaging and labelling measures.” Therefore, to align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law should impose penalties on wholesalers and retailers who sell products that do not carry the required warnings. |
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| Other Close |