3. (1) This Act applies to the sale by retail of tobacco products and nicotine inhaling products.
(2) This Act does not apply to medical devices or medicinal products.
(3) In this section—
“medical device” means a medical device which falls within any definition of “medical device” in—
(a) Article 1 of Council Directive 90/385/EEC of 20 June 19902
on the approximation of the laws of the Member States relating to active implantable medical devices, as amended by Directive 2007/47/EC of the European Parliament and of the Council of 5 September 20073
amending Council Directive 90/385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices, Council Directive 93/42/EEC concerning medical devices and Directive 98/8/EC concerning the placing of biocidal products on the market,
(b) Article 1 of Directive 98/79/EC of the European Parliament and of the Council of 27 October 19984
on in vitro diagnostic medical devices, or
(c) Article 2 of Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 20175
on medical devices, amending Directive 2001/83/EC, Regulation (EC) No. 178/2002 and Regulation (EC) No. 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC;
“medicinal product” has the same meaning as it has in Directive 2001/83/EC of the European Parliament and of the Council of 6 November 20016
on the Community code relating to medicinal products for human use.
