3522

NEW ZEALAND GAZETTE

No. 111

55 mm in area inside a retailer’s place of business must not exceed 20 per square metre of display area.

3.4 Notices not exceeding 90 mm × 55 mm in area must comply with all other clauses of this Code except clause 3.1.

4. Health Messages and Attributions

4.1 The health messages required by the regulations to be displayed on the front face of cigarette packets shall be displayed (in a manner that ensures as equal as possible a distribution of each message) in every Notice that exceeds 90 mm × 55 mm in area.

4.2 Except as stated in clause 4.5 (a), the lettering of a health message must be in upper case Univers 57 Medium Condensed Roman typeface of 30 point size.

4.3 Except as stated in clause 4.5 (b), an attribution “Ministry of Health warning” must appear in upper and lower case on a separate line below the health message in letters of 15 point size in Univers 55 Medium Roman typeface.

4.4 Except as stated in clause 4.5 (c), the health message and attribution are to be printed in black on a white background surrounded by a rectangular border formed by a one millimetre wide black line. This border line is to be separated from the extremities of the enclosed wording by a distance which is not less than one half of the vertical dimension of the point size of the health message. No other words or material may appear within that rectangular border.

4.5 Where the area of a Notice is less than the maximum area permitted by clause 2.1,—

(a) the point size of the lettering of the health message shall bear the same ratio to the square root of the Notice area as 30 point size bears to the square root of 297 mm × 420 mm; and

(b) the point size of the lettering of the attribution shall bear the same ratio to the square root of the Notice area as 15 point size bears to the square root of 297 mm × 420 mm; and

(c) the width of the border line may be similarly reduced.

4.6 The health messages and attribution in this Code are included as a requirement of the Ministry of Health.

5. Contents of Notices

5.1 No words may appear in a Notice unless the words—

(i) those identifying a class of tobacco product (for example, cigarettes, roll your own tobacco, pipe tobacco, or cigars), pack size (being the number for cigarettes or cigars, and the weight for roll your own tobacco or pipe tobacco), brand, brand variant, type, flavour, or price; and/or

(ii) the words “new”, “now available”, “recommended retail price” or similar words; and

(b) do not include or consist of a slogan, or words extolling quality and/or value for money.

5.2 No depiction may appear in a Notice unless the depiction—

(a) is a representation of the product or its packaging or any logo that appears on that packaging; and

(b) does not include or consist of a slogan, or words extolling quality and/or value for money.

6. Display of Tobacco Product

All tobacco products displayed in retail premises must be available for sale, and no dummy stock may be displayed.

7. Complaints

7.1 Any complaint by any person concerning any alleged breach of this Code shall be made to one of the following persons:

(a) the manufacturer or importer of the tobacco product concerned:

(b) the local Crown Health Enterprise:

(c) the Ministry of Health.

7.2 Any person who receives a complaint under clause 7.1 shall send a copy of it to each of the other persons specified in paragraphs (a) to (c) of that clause as soon as practicable.

7.3 As soon as practicable (but not later than one month) after a manufacturer or importer receives a complaint or copy of a complaint, the manufacturer or importer must—

(a) investigate the complaint; and

(b) report to the local Crown Health Enterprise and the Ministry of Health on the complaint and the steps that have been taken in response.

8. Commencement

This Code shall come into effect on the date that is 9 months after the date of its publication in the New Zealand Gazette.

Dated at Wellington this 4th day of October 1995.

KAREN O. POUTASI, Director-General of Health.

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DEPARTMENT OF INTERNAL AFFAIRS
TE TARI TAIWHENUA

PUBLISHED BY AUTHORITY OF DEPARTMENT OF INTERNAL AFFAIRS.
GP PRINT LIMITED, WELLINGTON, NEW ZEALAND—1995

ISSN 0111-5650
Price $1.60 (inc. G.S.T.)
66301A—95A