Peru

Tobacco products: Products prepared totally or in part by utilizing tobacco leaves as raw material and which are designed to be smoked, sucked, chewed or used as snuff.

The definition of “tobacco products” contained in the Decree aligns with the definition “tobacco product” in FCTC Art. 1(f).

Package: Any closed receptacle used to contain any tobacco product aimed at the user, including the materials authorized for wrapping that are in direct contact with the product (NTP 209.038). This term shall not include:

a. Primary packages not designed to be sold individually to the consumer.

b. Shipping containers or packages used solely for the transport of products in bulk or in large quantities to the manufacturers, packagers, processors or wholesale or retail distributors.

c. Auxiliary containers or external wrappers used to deliver the packages to retail consumers if they have no printed indication of any product in particular.

d. The containers used to show packages that are sold at retail when the container itself is not designed for sale.

e. Open containers or the transparent wrappers which have no written, printed or graphic indication that hinders seeing the rotating information, such as that shown in this Peruvian Petrologic Regulation.

The definition of “package” provided in the regulations aligns with the definition of “outside packaging and labeling” contained in FCTC Art. 11 in that it covers all packaging used in the retail sale of the product.

Labels: Message placed on the box, carton, package or wrapping of tobacco products for their identification.

The definition of “labels” is important because the law permits health warnings on labels, rather than on the package itself, for some tobacco products.