Public Health (Tobacco) Act, 2002

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Number 6 of 2002


PUBLIC HEALTH (TOBACCO) ACT, 2002


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders and regulations.

4.

Expenses.

5.

Offences and penalties.

6.

Proceedings.

7.

Service of documents.

8.

Repeals, saver and revocations.

PART 2

Office of Tobacco Control

9.

Establishment of Office of Tobacco Control.

10.

Functions of Office.

11.

Conferral of additional functions on Office.

12.

Membership of Office.

13.

Conditions of office of members of Office.

14.

Casual vacancies among members of Office.

15.

Remuneration of members of Office.

16.

Meetings and procedure.

17.

Membership of either House of Oireachtas or European Parliament.

18.

Disclosure by members of Office of certain interests.

19.

Disclosure by members of staff of certain interests.

20.

Prohibition of unauthorised disclosure of confidential information.

21.

Committees of Office.

22.

Tobacco Free Council.

23.

Grants to Office.

24.

Accounts and audits.

25.

Annual report.

26.

Power to borrow.

27.

Gifts.

28.

Chief executive.

29.

Staff.

30.

Remuneration of staff.

31.

Transfer of staff to Office.

32.

Superannuation.

PART 3

Regulation and Control of Sale, Marketing and Smoking of Tobacco Products

33.

Prohibition of advertising of tobacco products.

34.

Advertisements in foreign publications.

35.

Advertisements directed at persons engaged in the sale etc. of tobacco products.

36.

Prohibition of sponsorship.

37.

Register of retailers of tobacco products.

38.

Prohibition of certain marketing practices.

39.

Specifications in relation to tobacco products.

40.

Requirement to provide information on and test tobacco products.

41.

Publication of certain information etc.

42.

Prohibition on certain assertions in relation to tobacco products.

43.

Offences relating to sale by retail of tobacco products.

44.

Exemption from section 43.

45.

Prohibition on sale of tobacco products to person under 18 years of age.

46.

Display of signs.

47.

Prohibition or restriction on smoking of tobacco products.

48.

Authorised officer.

49.

Indemnification of authorised officers.

50.

Taking of samples by authorised officers.

51.

Laboratories.

52.

Evidence in proceedings for an offence.

53.

Forgery of documents.


Acts Referred to

Companies Act, 1963

1963, No. 33

Companies Act, 1990

1990, No. 33

Companies Acts, 1963 to 2001

Criminal Procedure Act, 1967

1967, No. 12

Education Act, 1998

1998, No. 51

European Parliament Elections Act, 1997

1997, No. 2

Finance Act, 1997

1997, No. 22

Finance (Excise Duty on Tobacco Products) Act, 1977

1977, No. 32

Health (Eastern Regional Health Authority) Act, 1999

1999, No. 13

Health Act, 1970

1970, No. 1

Health Acts, 1947 to 2001

Intoxicating Liquor Act, 1988

1988, No. 16

Irish Medicines Board Act, 1995

1995, No. 29

Minimum Notice and Terms of Employment Acts, 1973 to 2001

Organisation of Working Time Act, 1997

1997, No. 20

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict., c. 93

Protection of Employees (Part-Time Work) Act, 2001

2001, No. 45

Redundancy Payments Acts, 1967 to 2001

Registration of Clubs Acts, 1904 to 2000

Safety, Health and Welfare at Work Act, 1989

1989, No. 7

Tobacco (Health Promotion and Protection) Act, 1988

1988, No. 24

Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act, 1978

1978, No. 27

Trade Marks Act, 1996

1996, No. 6

Unfair Dismissals Acts, 1977 to 2001

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Number 6 of 2002


PUBLIC HEALTH (TOBACCO) ACT, 2002


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS THE OFFICE OF TOBACCO CONTROL, TO PROVIDE FOR THE REGISTRATION OF PERSONS ENGAGED IN THE BUSINESS OF SELLING TOBACCO PRODUCTS BY RETAIL, TO PROVIDE FOR A PROHIBITION ON THE ADVERTISING OF TOBACCO PRODUCTS. A PROHIBITION ON SPONSORSHIP BY MANUFACTURERS AND IMPORTERS OF TOBACCO PRODUCTS AND PROHIBITIONS ON CERTAIN MARKETING PRACTICES IN RELATION TO TOBACCO PRODUCTS, TO PROVIDE FOR THE PROHIBITION OR RESTRICTION OF TOBACCO SMOKING IN CERTAIN PLACES, TO REPEAL THE TOBACCO PRODUCTS (CONTROL OF ADVERTISING, SPONSORSHIP AND SALES PROMOTION) ACT, 1978, AND THE TOBACCO (HEALTH PROMOTION AND PROTECTION) ACT, 1988, AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [27th March, 2002]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: