Vapouround magazine Special Issue 01 - Page 12

NEWS TPD Grandfather Rights And The Most people who are interested in vaping will know that the Tobacco Products Directive (TPD) comes into effect from May 20 this year. What not everyone may know is that it is a piece of European legislation which has to be given effect by new national laws in member states. In the UK the TPD will be incorporated into law by way of what is called a Statutory Instrument (SI), in this case a Statutory Instrument called The Tobacco and Related Products Regulations 2016. Manufacturers and retailers of tobacco products including e-cigarettes will have to comply with a whole new set of rules and regulations from May 20 this year. However there is a ‘grandfather clause’ built into the TPD which means that a number of products which do not comply with the TPD will can still be legally sold for up to one year. The main aim of this seems be not to penalise manufacturers and sellers who may find that they have perfectly legal stock for sale on May 19 only to find that the same products are illegal for sale the very next day. So the grandfather clause allows that existing non-compliant stock to be sold as though the new rules were not in force. The relevant provision is Article 30 of the TPD which deals with transitional provisions regarding the new legislation and states. Member States may allow the following products, which are not in compliance with this Directive, to be placed on the market until 20 May 2017: tobacco products manufactured or released for free circulation and labelled in accordance with Directive 2001/37/EC before 20 May 2016; • (b) electronic cigarettes or refill containers manufactured or released for free circulation before 20 November 2016; • (c) herbal products for smoking manufactured or released for free circulation before 20 May 2016. When it comes to vaping the important section is section (b) which deals with electronic cigarettes and refill containers. 10 VAPOUROUND MAGAZINE USA Elsewhere in the TPD these two terms are defined as follows: • ‘electronic cigarette’ - a product that can be used for consumption of nicotine-containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank. Electronic cigarettes can be disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges. • ‘Refill container’ - a receptacle that contains a nicotinecontaining liquid, which can be used to refill an electronic cigarette. So it can be seen that the exemption applies to both to the sale of e-liquids and also to any component which makes up an e-cigarette. It applies to products which had been manufactured prior to November 20 this year but anything made from that date onwards must comply with the terms of the TPD. This means that is is totally possible for businesses to legally sell products which both comply with the TPD and which fail to comply with the TPD during this transition year. Interestingly Article 30 starts with the words: “Member States may allow…” which implies that individual states may also choose not to allow such transitional provisions. According to an infographic compiled by ECigIntelligence those Member States for which the grandfather clause will definitely apply include Finland, Germany, Hungary, Italy, Latvia, Lithuania, Netherlands, Poland, Portugal, Slovakia, Spain and the UK. Finally the UK’s Tobacco and Related Products Regulations 2016 actually follows the TPD to the letter, allowing for noncomplient vaping products produced before 20th November 2016 to be legally sold up until the absolute deadline of November 20, 2017.