Singapore legislation
Regulation 7
Regulation 7
Exemption for exhibitor from section 17(1) of Act
Subregulation 1
Section 17(1) of the Act, read with section 17(3)(a) and (b)(i) of the Act, does 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 —
the tobacco product is not a prohibited tobacco product;
the distribution or giving takes place at the exhibition venue, and nowhere else;
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;
each free sample must have clearly and conspicuously printed on, or firmly attached to, its packaging the following notices:
a health warning that satisfies the requirements in sub‑paragraph (2) or (3), as the case may be;
a label stating the text “Trade samples — for registered trade visitors only. Not for distribution to the general public.”; and
the notices mentioned in sub‑paragraph (d) are printed or firmly attached in a manner which ensures that —
the notices do not obscure each other; and
when the packaging is opened or closed in the normal way, no portion of either notice is severed, obliterated or becomes unreadable.
Subregulation 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 —
must be one of the health warnings set out in the Second Schedule;
must be printed on, or firmly attached to —
any part of the external surface of any spherical packaging;
the largest external surface of any cylindrical or conical packaging; or
the 2 largest external surfaces of any other kind of packaging;
must not be printed on or firmly attached to any bevelled or rounded edges adjacent to the surfaces mentioned in sub‑paragraph (b);
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 firmly attached;
must conform to the specifications set out in the Second Schedule;
must be positioned —
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
in the same direction as how the packaging is to be ordinarily displayed; and
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 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 health warning set out in the Second Schedule.
Subregulation 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 —
must be one of the health warnings set out in the Third Schedule;
must be printed on, or firmly attached to —
any part of the external surface of any spherical packaging;
the largest external surface of any cylindrical or conical packaging; or
the 2 largest external surfaces of any other kind of packaging;
must not be printed on or firmly attached to any bevelled or rounded edges adjacent to the surfaces mentioned in sub‑paragraph (b);
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 firmly attached;
must conform to the specifications set out in the Third Schedule;
must be positioned —
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
in the same direction as how the packaging is to be ordinarily displayed; and
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.
Subregulation 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 firmly attached to the packaging underneath the cellophane or other clear outer wrapping.
Subregulation 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 firmly attached to the packaging, be printed on or firmly attached to the outer wrapper or other item attached to the packaging.