Róisín Shortall (Dublin North West, Social Democrats) | Oireachtas source

I move amendment No. 6:

In page 9, after line 37, to insert the following:

“Retail packaging of nicotine inhaling products

10.(1) Subject tosubsection (2), a nicotine inhaling product packet shall—

(a) in respect of the outer surface thereof, be of a prescribed colour with a matt finish,

(b) in respect of the inner surface thereof, be of a prescribed colour,

(c) not bear a mark or trademark other than in accordance with subsections (3)and(4),

(d) not have any decorative ridges, embossing or other embellishments on the outer surface thereof,

(e) not contain an adhesive that is coloured or non-transparent, and

(f) not contain any inserted items or affixed items other than as provided for by law.

(2) Paragraphs (a)and(c) of subsection (1) shall not apply to the following:

(a) health warnings;

(b) a bar-code or other similar identification mark that is in accordance with regulations under subsection (5);

(c) such other items as are provided for by law.

(3) Subject to subsection (4), the following may be printed on a nicotine inhaling product packet:

(a) a brand name or business name or company name;

(b) a variant name for the nicotine inhaling product concerned.

(4) A name referred to in subsection (3)shall be printed in accordance with regulations under subsection (10)and may be printed—

(a) once on the front outer surface of the nicotine inhaling product packet,

(b) once on the top outer surface of the nicotine inhaling product packet, and

(c) once on the bottom outer surface of the nicotine inhaling product packet, provided that the name does not obscure or interfere with health warnings on the nicotine inhaling product packet.

(5) A bar-code or other similar identification mark may be printed once on a nicotine inhaling product packet in such form and manner as may be prescribed by the Minister, including the colour, dimensions, specifications and positioning of such bar-code or mark, provided that the bar-code or mark does not convey any information to the consumer (including any information conveyed by means of electronic communication).

(6) A nicotine inhaling product packet shall—

(a) be cuboid in shape, the edges of which may be rounded or bevelled,

(b) be made of carton or soft material, and

(c) not contain an opening that can be re-closed or re-opened after it is first opened.

(7) Subsections (1) to(5) shall apply with all necessary modifications to any other form of outside packaging of nicotine inhaling products.

(8) A wrapper that covers a nicotine inhaling product inside the packaging of nicotine inhaling products shall—

(a) be transparent,

(b) not be coloured,

(c) not have any decorative ridges, embossing or other embellishments,

(d) not bear a trade mark,

(e) not have any affixed item, other than as provided for by law.

(9) A wrapper that covers a nicotine inhaling product packet or any other form of outside packaging for a nicotine inhaling product shall—

(a) be transparent,

(b) not be coloured,

(c) not have any decorative ridges, embossing or other embellishments,

(d) not bear a trade mark, and

(e) not have any affixed item, other than as provided for by law.

(10) The Minister may prescribe the manner in which a name referred to in subsection (3) may be printed on a nicotine inhaling product packet or any other form of outside

packaging of nicotine inhaling products, including the colour, font type, font size, positioning and appearance of such a name.

(11) In prescribing matters referred to in subsection (1)(a)or (b)or subsection (10), the Minister shall have regard to—

(a) the need to decrease the appeal of nicotine inhaling products,

(b) the need to increase the effectiveness of health warnings on retail packaging of nicotine inhaling products, and

(c) the need to reduce the ability of retail packaging of nicotine inhaling products to mislead consumers about the harmful effects of nicotine inhaling products.

(12) This section applies to the retail packaging of nicotine inhaling products that are intended for sale by retail in the State.

(13) Subsection (6)applies to the retail packaging of nicotine inhaling products that are intended to be placed on the market.”.

Before I speak to this amendment, I want to make a point. The Minister's earlier outburst slamming the committee was completely unwarranted and a bit of an insult to us when we have put in so much time doing pre-legislative scrutiny of the Bill. The idea that the request to have a report on the operation of the legislation after 12 months, which is what we recommended back in July, would give rise to that kind of slamming of the committee is really unacceptable. We are looking for a report. We want to ensure this legislation actually does the job it is intended to do and our putting forward the reasonable request that we get a report after 12 months did not warrant the kind of outburst we heard from him.