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

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Number 35 of 2023

PUBLIC HEALTH (TOBACCO PRODUCTS AND NICOTINE INHALING PRODUCTS) ACT 2023

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation and commencement

2. Interpretation

3. Application of Act

4. Residence of body corporate or unincorporated body of persons

5. Regulations

6. Expenses

7. Service of documents

8. Remote sale of tobacco products or nicotine inhaling products

9. Repeals and revocations

10. Review of operation of Act

PART 2

Licence for Sale of Tobacco Products or Nicotine Inhaling Products

11. Application for licence

12. Determination of application for licence

13. Issue of licence

14. Duration of licence

15. Renewal of licence

16. Appeal against refusal of licence

17. Copy of licence where lost, stolen, damaged or destroyed

18. Minister may prescribe fee

19. Revocation of licence

20. Representations

21. Appeal against revocation of licence

22. Duty to display licence

23. Register of licences

24. Duty to notify change in information

PART 3

Certain Offences

25. Offence of selling by retail tobacco products or nicotine inhaling products without licence

26. Offence relating to sale by retail of nicotine inhaling products by means of self service

27. Prohibition on sale of tobacco products or nicotine inhaling products by child

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

29. Prohibition on sale of tobacco products or nicotine inhaling products at events aimed at children

30. Prohibition on advertising of nicotine inhaling products in certain places

31. Prohibition on advertising of nicotine inhaling products in cinemas

32. Prohibition on display of suspended, expired or revoked licence

PART 4

Enforcement and Compliance

33. Test purchasing

34. Executive may publish information respecting certain persons

PART 5

Penalties and Proceedings

35. Penalties

36. Defences generally

37. Liability for offences by body corporate

38. Evidence in proceedings for an offence

39. Order of court consequent upon conviction of offence

40. Prosecution of summary offences

41. Time limit where offence may be prosecuted in summary proceedings only

PART 6

Amendment of Public Health (Tobacco) Act 2002

42. Amendment of section 2 of Act of 2002

43. Amendment of section 5 of Act of 2002

44. Amendment of section 7 of Act of 2002

45. Amendment of section 43 of Act of 2002

46. Amendment of section 48 of Act of 2002

47. Amendment of section 50 of Act of 2002

48. Amendment of section 53 of Act of 2002

49. Amendment of Act of 2002

PART 7

Miscellaneous

50. Amendment of Criminal Justice (Psychoactive Substances) Act 2010

51. Amendment of Regulations of 2016

Acts Referred to

Companies Act 2014 (No. 38)

Criminal Justice (Psychoactive Substances) Act 2010 (No. 22)

Education Act 1998 (No. 51)

Intoxicating Liquor Act 1988 (No. 16)

Irish Medicines Board Act 1995 (No. 29)

Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93)

Public Health (Standardised Packaging of Tobacco) Act 2015 (No. 4)

Public Health (Tobacco) Act 2002 (No. 6)

Public Health (Tobacco) Acts 2002 to 2015

Railway Safety Act 2005 (No. 31)

Road Traffic Act 1961 (No. 24)

Taxes Consolidation Act 1997 (No. 39)

Trade Marks Act 1996 (No. 6)

Transport (Railway Infrastructure) Act 2001 (No. 55)

Number 35 of 2023

PUBLIC HEALTH (TOBACCO PRODUCTS AND NICOTINE INHALING PRODUCTS) ACT 2023

An Act to provide for the licensing of the sale by retail of tobacco products and nicotine inhaling products; to provide for the establishment and maintenance of a register of licences issued under and in accordance with the Act; to provide for certain related offences; and for those and other purposes, to provide for the amendment of the Public Health (Tobacco) Act 2002 ; and to provide for the consequential amendment of certain other enactments and the revocation of certain statutory instruments; and to provide for related matters.

[13th December, 2023]

Be it enacted by the Oireachtas as follows: