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Labelling of alcohol products and notices in licensed premises
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12. (1) Subject to subsection (2), it shall be an offence for a person to sell, to a person who is in the State, an alcohol product the container of which does not bear in the prescribed form—
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(i) a warning that is intended to inform the public of the danger of alcohol consumption,
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(ii) a warning that is intended to inform the public of the danger of alcohol consumption when pregnant,
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(iii) a warning that is intended to inform the public of the direct link between alcohol and fatal cancers,
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(iv) the quantity in grams of alcohol contained in the container concerned,
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(v) the energy value expressed in kilojoules and kilocalories contained in the container concerned, and
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(vi) details of a website, to be established and maintained by the Executive, providing public health information in relation to alcohol consumption.
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(2) Subsection (1) shall not apply to the sale of an alcohol product in a reusable container.
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(3) It shall be an offence for a person to sell, to a person who is in the State, an alcohol product in a reusable container unless the container is accompanied by a document in such form as may be prescribed specifying the matters set out in paragraphs (i) to (vi) of subsection (1).
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(4) The holder of a licence shall, in the prescribed manner, inside the premises to which the licence concerned relates, display a notice or notices in the prescribed form, which shall include in the prescribed form, in both the English and Irish language—
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(a) a warning that is intended to inform the public of the danger of alcohol consumption,
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(b) a warning that is intended to inform the public of the danger of alcohol consumption when pregnant,
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(c) a warning that is intended to inform the public of the direct link between alcohol and fatal cancers,
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(d) details of a website, to be established and maintained by the Executive, providing public health information in relation to alcohol consumption, and
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(e) confirmation that a document specifying the matters set out in subsection (7)(a) is available for inspection on request at the premises concerned.
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(5) The holder of a licence who sells or causes to be sold an alcohol product on-line shall ensure that—
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(a) a warning under subsection (1)(i),
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(b) a warning under subsection (1)(ii),
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(c) a warning that is intended to inform the public of the direct link between alcohol and fatal cancers,
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(d) the quantity in grams of alcohol of each alcohol product that he or she sells or causes to be sold,
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(e) the energy value expressed in kilojoules and kilocalories of each alcohol product that he or she sells or causes to be sold, and
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(f) details of a website referred to in subsection (1)(vi),
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are prominently displayed, in both the English and Irish language, in the prescribed form on the website of the person concerned.
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(6) A person who contravenes subsection (4) or (5) shall be guilty of an offence.
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(7) (a) Subject to paragraph (b), a document referred to in subsection (4)(e) shall specify the following:
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(i) the quantity in grams of alcohol of each quantity, measure or unit of every alcohol product that is for sale in the licensed premises concerned, and
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(ii) the energy value expressed in kilojoules and kilocalories of each quantity, measure or unit of every alcohol product that is for sale in the licensed premises concerned.
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(b) Paragraph (a) does not apply to an alcohol product that is sold in a container that complies with paragraphs (i) to (vi) of subsection (1).
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(8) The holder of a licence, or his or her employee, shall when requested by any person in the premises to which the licence relates, furnish for inspection a document referred to in subsection (4)(e) to the person who made the request.
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(9) A person who contravenes subsection (8) shall be guilty of an offence.
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(10) For the purposes of this section, the Minister may prescribe:
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(a) the form of a warning under paragraphs (i), (ii) and (iii) of subsection (1), including its size and colour and the size, colour and font type of the printed material on the warning concerned;
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(b) the form of the information under paragraphs (iv), (v) and (vi) of subsection (1), including the size, colour and font type of the printed material in respect of the information concerned;
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(c) the form of a notice under subsection (4), including its size and colour and the size, colour and font type of the printed material on the notice concerned;
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(d) details of where in a licensed premises a notice or notices under subsection (4) is to be located, and the manner in which it is to be displayed;
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(e) the form of the accompanying document referred to in subsection (3), including its size and colour and the size, colour and font type of the printed material on the document concerned;
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(f) details in relation to how the matters specified in paragraphs (a) to (f) of subsection (5) will be displayed on the website of a person who sells or causes to be sold alcohol products on-line, including the size, colour and font type of the printed material concerned.
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(11) When making regulations under subsection (10), the Minister shall take into account any expert research available to him or her on the effectiveness of including the matters referred to in paragraphs (i) to (vi) of subsection (1) on alcohol product containers, documents under subsections (3) and (4)(e), notices under subsection (4) and websites referred to in subsection (5) and shall have regard to—
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(a) the rate of alcohol consumption,
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(b) patterns of alcohol consumption,
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(c) health-related risks caused by alcohol consumption,
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(d) data from health services relating to alcohol related presentations at health facilities,
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(e) other societal harm caused by alcohol consumption, and
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(f) such other matters as he or she considers appropriate.
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(12) Regulations under subsection (10) may be expressed to apply either generally or by reference to one or more of the following:
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(a) a class or classes of alcohol product;
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(b) a class or classes of licensed premises;
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(c) a class or classes of alcohol product container.
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(13) This section shall not apply to an alcohol product offered for retail sale or supply before this section comes into operation.
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(14) In a prosecution of an offence under this section, the onus of proving that the alcohol product concerned was offered for retail sale or supply before this section comes into operation lies on the defendant.
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(15) This section is in addition to, and not in substitution for, any other statutory provision in relation to the labelling of alcohol products.
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(16) For the purposes of this section—
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(a) the quantity in grams of alcohol contained in an alcohol product shall be calculated using the following formula:
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A x B x .789 = C
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where—
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A is the volume, expressed in millilitres, of liquid contained in the alcohol product,
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B is the alcoholic strength by volume of the alcohol product, and
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C is the quantity in grams of alcohol contained in the alcohol product,
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(b) the energy value contained in an alcohol product shall be calculated using the conversion factors set out in Annex XIV of Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 20112
on the provision of food information to consumers, and
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(c) the alcoholic strength by volume of an alcohol product shall be presumed, unless the contrary is shown, to be the alcoholic strength by volume stated on the label of the alcohol product concerned.
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(17) (a) This section shall not apply to the sale of alcohol products in a tax-free shop to travellers departing the State.
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(b) “Tax-free shop” means a tax-free shop within the meaning of Article 14 of Council Directive 2008/118/EC of 16 December 20082
concerning the general arrangements for excise duty and repealing Directive 92/12/EEC.
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(c) A tax-free shop shall, in the prescribed manner, inside the premises, display a notice or notices in the prescribed form, which shall include in the prescribed form, in both the English and Irish language—
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(i) a warning that is intended to inform the public of the danger of alcohol consumption,
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(ii) a warning that is intended to inform the public of the danger of alcohol consumption when pregnant,
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(iii) a warning that is intended to inform the public of the direct link between alcohol and fatal cancers,
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(iv) details of a website, to be established and maintained by the Executive, providing public health information in relation to alcohol consumption, and
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(v) confirmation that a document specifying the matters set out in paragraph (d) is available for inspection on request at the premises concerned.
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(d) The document referred to in paragraph (c)(v) shall specify the following:
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(i) the quantity in grams of alcohol of each quantity, measure or unit of every alcohol product that is for sale in the licensed premises concerned, and
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(ii) the energy value expressed in kilojoules and kilocalories of each quantity, measure or unit of every alcohol product that is for sale in the licensed premises concerned.
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(18) In this section—
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“employee” means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and includes a fixed term employee, a temporary employee, a person who is training for employment or receiving work experience and a member of the family of an employer and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer;
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“holder of a licence” means the holder of an on-licence or the holder of an off-licence.
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2 OJ No. L 304, 22.11.2011 p.18.
2 OJ No. L 9, 14.01.2009 p.12. |
