5.—(1) Sections 17(1) and 17A(1) of the Act, read with regulations 4, 5, 7, 8, 10 and 11 of the Labelling Regulations, do not apply to prohibit an exhibitor from distributing or giving, or causing to be distributed or given, during the exhibition period, any free sample of a tobacco product if, and only if —| (a) | the tobacco product is not prohibited under section 15 or 16 of the Act; | | (b) | the distribution or giving takes place at the exhibition venue, and nowhere else; | | (c) | the free sample is distributed or given to a registered trade visitor who is associated or concerned with the manufacture, distribution or sale of tobacco products, and no other person; | | (d) | each free sample must have clearly and conspicuously printed on, or firmly attached to, its packaging the following notices:| (i) | a health warning that satisfies the requirements in sub‑paragraph (2) or (3), as the case may be; | | (ii) | a label stating the text “Trade samples — for registered trade visitors only. Not for distribution to the general public.”; and |
| | (e) | the notices mentioned in sub‑paragraph (d) are printed or firmly attached in a manner which ensures that —| (i) | the notices do not obscure each other; and | | (ii) | when the packaging is opened or closed in the normal way, no portion of either notice is severed, obliterated or becomes unreadable. |
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(2) For the purposes of sub-paragraph (1)(d)(i), where the external surface area of the packaging of the free sample is or exceeds 9,000 square millimetres, the health warning printed on, or firmly attached to, the packaging of each free sample —| (a) | must be one of the warnings set out in the First Schedule to the Labelling Regulations; | | (b) | must be printed on, or firmly attached to —| (i) | any part of the external surface of any spherical packaging; | | (ii) | the largest external surface of any cylindrical or conical packaging; or | | (iii) | the 2 largest external surfaces of any other kind of packaging; |
| | (c) | must not be printed on or attached to any bevelled or rounded edges adjacent to the surfaces mentioned in sub‑paragraph (b); | | (d) | must occupy not less than 50% of the total area of the surface of the packaging on or to which the health warning is printed or attached; | | (e) | must conform with the specifications set out in the First Schedule to the Labelling Regulations; | | (f) | must be positioned —| (i) | parallel to the top edge of the packaging, and as much as possible towards the top part of the packaging while satisfying the requirements of sub‑paragraph (g); and | | (ii) | in the same direction as how the packaging is to be ordinarily displayed; and |
| | (g) | must be printed or firmly attached in a manner which ensures that when the packaging is opened or closed in the normal way —| (i) | no portion of the health warning is obliterated or becomes unreadable; and | | (ii) | the health warning is not severed or is severed only at the conjunction between Parts I and II of the warning set out in the First Schedule to the Labelling Regulations. |
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(3) For the purposes of sub‑paragraph (1)(d)(i), where the external surface area of the packaging of the free sample does not exceed 9,000 square millimetres, the health warning printed on, or firmly attached to, the packaging of each free sample —| (a) | must be one of the warnings set out in the Second Schedule to the Labelling Regulations; | | (b) | must be printed on, or firmly attached to —| (i) | any part of the external surface of any spherical packaging; | | (ii) | the largest external surface of any cylindrical or conical packaging; or | | (iii) | the 2 largest external surfaces of any other kind of packaging; |
| | (c) | must not be printed on or attached to any bevelled or rounded edges adjacent to the surfaces mentioned in sub‑paragraph (b); | | (d) | must occupy not less than 50% of the total area of the surface of the packaging on or to which the health warning is printed or attached; | | (e) | must conform with the specifications set out in the Second Schedule to the Labelling Regulations; | | (f) | must be positioned —| (i) | parallel to the top edge of the packaging, and as much as possible towards the top part of the packaging while satisfying the requirements of sub‑paragraph (g); and | | (ii) | in the same direction as how the packaging is to be ordinarily displayed; and |
| | (g) | must be printed or firmly attached in a manner which ensures that when the packaging is opened or closed in the normal way, no portion of the health warning is severed, obliterated or becomes unreadable. |
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| (4) For the purposes of sub‑paragraph (1)(d) and (e), if the packaging of the free sample has a cellophane or other clear outer wrapping, the notices are taken to be firmly attached to the packaging only if the notices are attached to the packaging underneath the cellophane or other clear outer wrapping. |
| (5) Where the notices mentioned in sub‑paragraph (1)(d) are likely to be obscured or obliterated by an outer wrapper or other item attached to the packaging of the free sample, the notices must, in addition to being printed on or attached to the packaging, be printed on or attached to the outer wrapper or other item attached to the packaging. |
(6) In this paragraph, “packaging” —| (a) | means any box, carton, tin, packet or other container in which tobacco products are supplied; and | | (b) | includes, in the case where the package is, or several packages are, contained inside one or more larger packages, the smaller package or each of the smaller packages, as the case may be. |
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