Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023
|
Amendment of section 43 of Act of 2002 | ||
|
45. Section 43 of the Act of 2002 is amended— | ||
(a) in subsection (1), by the substitution of “It shall” for “Subject to subsection (2), it shall”, | ||
(b) by the deletion of subsection (2), | ||
(c) by the substitution of the following subsection for subsection (3): | ||
“(3) A licensee shall ensure that tobacco products sold by him or her are kept in a closed container or dispenser that is not visible or accessible to any person other than the licensee, or a person employed by him or her in connection with the business of selling goods by retail while so employed.”, | ||
(d) by the substitution of the following subsections for subsection (4): | ||
“(4) Subject to subsection (4A) and the European Communities (Requirements To Indicate Product Prices) Regulations 2002 ( S.I. No. 639 of 2002 ), a licensee shall ensure that— | ||
(a) no notice, sign or display shall be displayed, and | ||
(b) no leaflet, circular, pamphlet or brochure shall be issued to the public or given to a purchaser of a product, | ||
at any place, indicating that tobacco products may be purchased at the premises concerned. | ||
(4A) Notwithstanding subsection (4), a sign may be displayed indicating that tobacco products may be purchased at the premises— | ||
(a) in such a manner and form as may be prescribed by regulations made by the Minister, | ||
(b) informing the public that tobacco products may be sold at those premises to persons who have attained the age of 18 years, and | ||
(c) providing such other information as may be so prescribed.”, | ||
and | ||
(e) in subsection (5)— | ||
(i) in paragraph (a), by the substitution of “A licensee” for “A person registered under section 37”, and | ||
(ii) in paragraph (b), by the substitution of “the licensee” for “the person registered under section 37”. |