S.L. 315.10 Art. 7Regulation of ingredients.

(1) The placing on the market of tobacco products with a characterising flavour is prohibited.

The use of additives which are essential for the manufacture of tobacco products, for example sugar to replace sugar that is lost during the curing process, provided those additives do not result in a product with a characterising flavour and do not increase to a significant or measurable degree the addictiveness, toxicity or the CMR properties of the tobacco product, shall not be prohibited.

(2) Uniform rules for the procedures for determining whether a tobacco product falls within the scope of sub-regulation (1) shall be laid down by a Commission Implementing Act.

(3) The placing on the market of tobacco products containing the following additives shall be prohibited:

(a) vitamins or other additives that create the impression that a tobacco product has a health benefit or presents reduced health risks;

(b) caffeine or taurine or other additives and stimulant compounds that are associated with energy and vitality;

(c) additives having colouring properties for emissions;

(d) for tobacco products for smoking, additives that facilitate inhalation or nicotine uptake; and

(e) additives that have CMR properties.

(4) The placing on the market of tobacco products containing flavourings in any of their components such as filters, papers, packages, capsules or any technical features allowing modification of the smell or taste of the tobacco products concerned or their smoke intensity shall be prohibited. Filters, papers and capsules shall not contain tobacco or nicotine.

(5) The Superintendent shall ensure that the provisions and conditions laid down in Regulation (EC) No 1907/2006 are applied to tobacco products as appropriate.

(6) On the basis of scientific evidence, the Superintendent may prohibit the placing on the market of tobacco products containing additives in quantities that increase the toxic or addictive effect or the CMR properties of a tobacco product at the stage of consumption to a significant or measurable degree. The Superintendent shall inform the Commission on such measures taken.

(7) Tobacco products other than cigarettes, roll-your-own tobacco and heated tobacco products shall be exempted from the prohibitions laid down in sub-regulations (1) and (4):

(8) The Superintendent may charge manufacturers and importers of tobacco products proportionate fees which the Minister may by regulations prescribe, for assessing whether a tobacco product has a characterising flavour, whether prohibited additives or flavourings are used and whether a tobacco product contains additives in quantities that increase to a significant and measurable degree the toxic or addictive effect or the CMR properties of the tobacco product concerned.

(9) In the case of tobacco products with a characterising flavour whose Union-wide sales volumes represent 3% or more in a particular product category, the provisions of this regulation shall apply from 20 May 2020.