LegalizeReform history
Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023
2 versions
· 2023-12-13 — 2026-02-02
2026-02-02
IE-2023-act-35 — consolidated version 2026-02-02
2023-12-13
Public Health (Tobacco Products and Nicotine Inhaling Products) Act
original version
Text at this date
Changes on 2026-02-02
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# Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023
## **PART 1** **Preliminary and General**
## PART 1 Preliminary and General
##### 1. **Short title, collective citation and commencement**
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“child” means a person who is under the age of 18 years;
“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 2014[^1] 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;
“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 2014^1 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;
@@ -110,13 +108,13 @@
“medical device” means a medical device which falls within any definition of “medical device” in—
(a) Article 1 of Council Directive 90/385/EEC of 20 June 1990[^2] on the approximation of the laws of the Member States relating to active implantable medical devices, as amended by Directive 2007/47/EC of the European Parliament and of the Council of 5 September 2007[^3] amending Council Directive 90/385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices, Council Directive 93/42/EEC concerning medical devices and Directive 98/8/EC concerning the placing of biocidal products on the market,
(b) Article 1 of Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998[^4] on in vitro diagnostic medical devices, or
(c) Article 2 of Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017[^5] on medical devices, amending Directive 2001/83/EC, Regulation (EC) No. 178/2002 and Regulation (EC) No. 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC;
“medicinal product” has the same meaning as it has in Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001[^6] on the Community code relating to medicinal products for human use.
(a) Article 1 of Council Directive 90/385/EEC of 20 June 1990^2 on the approximation of the laws of the Member States relating to active implantable medical devices, as amended by Directive 2007/47/EC of the European Parliament and of the Council of 5 September 2007^3 amending Council Directive 90/385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices, Council Directive 93/42/EEC concerning medical devices and Directive 98/8/EC concerning the placing of biocidal products on the market,
(b) Article 1 of Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998^4 on in vitro diagnostic medical devices, or
(c) Article 2 of Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017^5 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No. 178/2002 and Regulation (EC) No. 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC;
“medicinal product” has the same meaning as it has in Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001^6 on the Community code relating to medicinal products for human use.
##### 4. **Residence of body corporate or unincorporated body of persons**
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**10.** The Minister shall, 12 months after the passing of this Act, carry out a review of the operation of this Act.
## **PART 2** **Licence for Sale of Tobacco Products or Nicotine Inhaling Products**
## PART 2 Licence for Sale of Tobacco Products or Nicotine Inhaling Products
##### 11. **Application for licence**
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(2) A person commits an offence if he or she fails, without reasonable excuse, to provide the information in accordance with *subsection (1)* within a period of 28 days from the date of any such change.
## **PART 3** **Certain Offences**
## PART 3 Certain Offences
##### 25. **Offence of selling by retail tobacco products or nicotine inhaling products without licence**
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(4) In this section, “age card” has the same meaning as it has in Part IV of the Intoxicating Liquor Act 1988.
##### 28A. **F3[Prohibition on sale of tobacco products to person under age of 21 years**
**28A.**…]
##### 29. **Prohibition on sale of tobacco products or nicotine inhaling products at events aimed at children**
**29.** (1) A person shall not sell, or cause to be sold, a tobacco product or a nicotine inhaling product—
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commits an offence.
(2) A licensee who displays a licence where such licence has expired under *section 14* or been revoked under *section 19—*
(2) A licensee who displays a licence where such licence has expired under *section 14* or been revoked under *section 19*—
(a) at the premises to which the licence relates, or
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commits an offence.
## **PART 4** **Enforcement and Compliance**
## PART 4 Enforcement and Compliance
##### 33. **Test purchasing**
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(4) An entry in the tobacco products and nicotine inhaling products non-compliance list in relation to the imposition of a fine or other penalty shall be deleted not more than 12 months after the date of the imposition of the fine or penalty.
## **PART 5** **Penalties and Proceedings**
## PART 5 Penalties and Proceedings
##### 35. **Penalties**
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**41.** Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under *section 26(3)*, *29(2)* or section 43(1) of the Act of 2002 may be instituted within 12 months after the date on which the offence was committed.
## **PART 6** **Amendment of Public Health (Tobacco) Act 2002**
## PART 6 Amendment of Public Health (Tobacco) Act 2002
##### 42. **Amendment of section 2 of Act of 2002**
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“ ‘*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 2014[^7] 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;
‘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 2014^7 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;
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“(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—
F9[(d) by the substitution of the following subsections for subsection (4):
“(4) Subject to subsections (4A) and (4B) 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
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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.”,
(4A) Notwithstanding subsection (4) and subject to subsection (4B), a sign may be displayed indicating that tobacco products may be purchased at the premises concerned in such manner and form as may be prescribed by regulations made by the Minister.
(4B) A sign under subsection (4A)—
(a) shall, on or before 31 January 2028, inform the public that tobacco products may be sold at the premises to persons who have attained the age of 18 years,
(b) shall, on or after 1 February 2028, inform the public that tobacco products may be sold at the premises to persons who have attained the age of 21 years, and
(c) may provide such other information as may be prescribed.”,]
and
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‘privileged legal material’ means information which, in the opinion of the High Court, a person is entitled to refuse to produce on the grounds of legal professional privilege.”.
## **PART 7** **Miscellaneous**
## PART 7 Miscellaneous
##### 50. **Amendment of Criminal Justice (Psychoactive Substances) Act 2010**
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(c) by the substitution of the following paragraph for paragraph (d):
“(d) the reference to ‘this Act, under the Act of 2015 or under the *Act of 2023*’ shall be construed as a reference to ‘these Regulations’;”.