Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023

Prohibition on sale of tobacco products or nicotine inhaling products to child

28. (1) A person shall not sell by retail, or cause to be sold by retail—

(a) a tobacco product, or

(b) a nicotine inhaling product,

to a child.

(2) A person who contravenes paragraph (a) or (b) of subsection (1) commits an offence.

(3) In proceedings against a person for an offence under subsection (1), it shall be a defence for such person to prove that the child to whom the alleged offence relates produced to him or her—

(a) an age card,

(b) a passport, or

(c) a driving licence,

for the time being in force, relating to that child.

(4) In this section, “age card” has the same meaning as it has in Part IV of the Intoxicating Liquor Act 1988 .