Last updated: September 27, 2021

Key Terms

Tobacco Product

Term Defined
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Definition

Tobacco product: a product containing tobacco that is intended for human consumption, and includes, but is not limited to, any device, pipe, water pipe, papers, tubes, filters, portion pouches or similar objects manufactured for use in the consumption of tobacco.

Analysis

The definition aligns with the FCTC definition in that the word “consumption” is interpreted to cover “smoking, sucking, chewing, or snuffing.” The definition of “tobacco product” is broader than the FCTC definition in that it also applies to products used in the consumption of tobacco, potentially making the labeling requirements applicable to such products. However, currently, the labeling requirements apply to specific types of tobacco products and products used in consumption of tobacco are not required to have labels.

FCTC-Based Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Outside Packaging and Labeling

Term Defined
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Definition

Package: means the container, receptacle, or wrapper in which tobacco products are sold, supplied or distributed at wholesale or at retail.

Analysis

The definition of “package” aligns with the FCTC definition in that it covers the container, receptacle, or wrapper used in retail sale of the product.

FCTC-Based Definition

Any packaging and labeling used in the retail sale of the product. (FCTC Art. 11(4))

Constituent

Term Defined
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Definition

Constituent: in relation to any tobacco product, means nicotine, tar and any other constituent of a tobacco product or of tobacco smoke which the Minister may by notice in the Gazette declare to be a constituent for the purposes of this Act.