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Exemption from prohibition against possession of tobacco product

Tobacco and Vaporisers Control (Prohibited Tobacco Products and Imitation Tobacco Products) (Exemption) Order 2018

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—(1) Subject to paragraph 6, a person who —(a)has not been convicted of any offence under the Act or any subsidiary legislation under the Act committed on or after 1 February 2018;(b)on or after 1 February 2018, gives prior notice to the Authority of the person’s intention to possess any smokeless tobacco product or vaporiser solution for an exempted purpose before the person first takes possession of that smokeless tobacco product or vaporiser solution;(c)is in possession of any smokeless tobacco product or vaporiser solution between 1 February 2018 and 30 April 2026 (both dates inclusive) only for an exempted purpose carried out by the person; and(d)where the non‑clinical research involves any application or testing of the smokeless tobacco product or vaporiser solution on an animal, is the holder of a licence issued under the Animals and Birds (Care and Use of Animals for Scientific Purposes) Rules,is exempt from section 15(3)(a) of the Act as in force immediately before 1 May 2026 read with regulation 2 of the Prohibited Tobacco Products Regulations in respect of the smokeless tobacco products or vaporiser solutions in the possession of that person between 1 February 2018 and 30 April 2026 (both dates inclusive).(2) Subject to paragraph 6, a person who —(a)has not been convicted of any offence under the Act or any subsidiary legislation under the Act committed on or after 1 February 2018;(b)on or after 1 February 2018, gives prior notice to the Authority of the person’s intention to possess any smokeless tobacco product or vaporiser solution for an exempted purpose before the person first takes possession of that smokeless tobacco product or vaporiser solution;(c)is in possession of any smokeless tobacco product or vaporiser solution between 1 May 2026 and 31 December 2026 (both dates inclusive) only for an exempted purpose carried out by the person; and(d)where the non-clinical research involves any application or testing of the smokeless tobacco product or vaporiser solution on an animal, is the holder of a licence issued under the Animals and Birds (Care and Use of Animals for Scientific Purposes) Rules,is exempt from section 15(3)(a) of the Act read with regulation 2 of the Section 15 Tobacco Products Regulations in respect of the smokeless tobacco products or vaporiser solutions in the possession of that person between 1 May 2026 and 31 December 2026 (both dates inclusive).

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