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Guidance notes for the sale of Tobacco Products

Note: You are ultimately responsible for making sure that products you offer for sale, are permitted by the relevant laws in the country or region you are selling into, and that you market those products in full compliance of the laws of that region. 

The Seller is responsible for ensuring all relevant import/export regulations are strictly adhered to,  and any duties or applicable tariffs and taxes are paid.

The sale and distribution of tobacco products are tightly defined and regulated in most countries around the world. In particular for example each country has its own rules regarding:

  • Health Warnings and other labelling markings which must appear on the packaging.
  • Duties and Local Taxes which need to have been paid on these products

You as the Seller, can choose the countries you wish to sell your items into. This is done using a tick box selection on the selling form when you list your items for sale.

As a seller you must ensure you are familiar with the relevant regulation in those countries and that your listing is in full compliance of those regional regulations

The list below is not complete or exhaustive and is provided as additional sources of guidance and information to assist you. If in doubt contact the relevant authorities before you list your item.

  • USA
Alcohol & Tobacco Tax and Trade Bureau
Importers Manual, Tobacco Products

  • UK
Product regulation and labelling
Internet regulations
  • Ireland
Office of Tobacco Control
Irish Tax and Customs

  • Australia
Tobacco in Australia, Facts & Issues
Tobacco Controls in South Australia

  • European Community Regulations

Product regulation and labelling

 

Directive 2000/31/EC

 

Regulation of information society services –

“the e-commerce directive”

 

 

This directive establishes a free internal market in information society products such as services offered over the web.  Its relevance to tobacco is that uses a particular definition for ‘commercial communication’ (advertising) – see article  2(f) and provides in-principle exemptions from general freedom for public health.   

Exemption for public health

Article 1 (3). This Directive complements Community law applicable to information society services without prejudice to the level of protection for, in particular, public health and consumer interests, as established by Community acts and national legislation implementing them in so far as this does not restrict the freedom to provide information society services.

 Article 3 (4) defines exemptions from single market rules more specifically.

 

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