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

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PART 6

Amendment of Public Health (Tobacco) Act 2002

Amendment of section 2 of Act of 2002

42. Section 2 of the Act of 2002 is amended, in subsection (1)—

(a) by the substitution of the following definition for the definition of “tobacco product”:

“ ‘tobacco product’ means a product (other than a medicinal product (within the meaning of the Irish Medicines Board Act 1995 ))—

(a) that can be consumed and consists, even partly, of tobacco, whether genetically modified or not and includes a cigarette paper, tube or filter manufactured for use in the smoking of tobacco, and

(b) that is intended for sale by retail in the State;”,

and

(b) by the insertion of the following definitions:

“ ‘Act of 2023’ means the Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023;

‘electronic cigarette’ has the same meaning as it has in Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014⁷ on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC;

‘Executive’ means the Health Service Executive;

‘licensee’ means a licensee within the meaning of section 2 of the Act of 2023;

‘nicotine inhaling product’ means—

(a) an electronic cigarette, or

(b) any other product consisting of—

(i) a device (other than tobacco, cigarette paper or a device which is intended to enable the consumption of lit tobacco) which is intended to enable a relevant substance to be inhaled through a mouth piece (irrespective of whether the device would also enable any other substance to be so inhaled),

(ii) a cartridge which—

(I) may contain a relevant substance, and

(II) is intended to form part of a device that falls within subparagraph (i),

or

(iii) a relevant substance which is intended to be used in a device that falls within subparagraph (i);

‘relevant substance’ means a substance which is not tobacco but which consists of, or contains, nicotine;

‘sale by retail’ includes sale by retail online;”.

⁷ OJ No. L 127, 29.4.2014, p. 1.