Public Health (Tobacco) Act 2002
Number 6 of 2002
PUBLIC HEALTH (TOBACCO) ACT 2002
REVISED
Updated to 23 September 2024
This Revised Act is an administrative consolidation of the Public Health (Tobacco) Act 2002. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Criminal Justice (Amendment) Act 2024 (31/2024), enacted 4 October 2024, and all statutory instruments up to and including the Public Health (Tobacco) Act 2002 (Fixed Payment Notice) Regulations 2024 (S.I. No. 474 of 2024), made 19 September 2024, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 6 of 2002
PUBLIC HEALTH (TOBACCO) ACT 2002
REVISED
Updated to 23 September 2024
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1.
2.
3.
4.
5.
5A.
Order of court consequent upon conviction of an offence.
6.
7.
8.
Repeals, saver and revocations.
Office of Tobacco Control
9.
Establishment of Office of Tobacco Control. (Repealed)
10.
Functions of Office. (Repealed)
11.
Conferral of additional functions on Office. (Repealed)
12.
Membership of Office. (Repealed)
13.
Conditions of office of members of Office. (Repealed)
14.
Casual vacancies among members of Office. (Repealed)
15.
Remuneration of members of Office. (Repealed)
16.
Meetings and procedure. (Repealed)
17.
Membership of either House of Oireachtas or European Parliament. (Repealed)
18.
Disclosure by members of Office of certain interests. (Repealed)
19.
Disclosure by members of staff of certain interests. (Repealed)
20.
Prohibition of unauthorised disclosure of confidential information. (Repealed)
21.
Committees of Office. (Repealed)
22.
Tobacco Free Council. (Repealed)
23.
Grants to Office. (Repealed)
24.
Accounts and audits.(Repealed)
25.
Annual report. (Repealed)
26.
Power to borrow. (Repealed)
27.
Gifts. (Repealed)
28.
Chief executive. (Repealed)
29.
Staff. (Repealed)
30.
Remuneration of staff. (Repealed)
31.
Transfer of staff to Office. (Repealed)
32.
Superannuation. (Repealed)
Regulation and Control of Sale, Marketing and Smoking of Tobacco Products
33.
Prohibition of advertising of tobacco products.
33A.
Prohibition of advertising of tobacco products on retail premises.
34.
Advertisements in foreign publications. (Repealed)
35.
Advertisements directed at persons engaged in the sale etc. of tobacco products.
36.
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.
45.
Prohibition on sale of tobacco products to person under 18 years of age. (Repealed)
46.
47.
Prohibition or restriction on smoking of tobacco products.
48.
49.
Indemnification of authorised officers.
50.
Taking of samples by authorised officers.
51.
52.
Evidence in proceedings for an offence.
53.
54.
55.
56.
57.
Acts Referred to
Companies Act 1963
Companies Act 1990
Companies Acts 1963 to 2001
Criminal Procedure Act 1967
Education Act 1998
European Parliament Elections Act 1997
Finance Act 1997
Finance (Excise Duty on Tobacco Products) Act 1977
Health (Eastern Regional Health Authority) Act 1999
Health Act 1970
Health Acts 1947 to 2001
Intoxicating Liquor Act 1988
Irish Medicines Board Act 1995
Minimum Notice and Terms of Employment Acts 1973 to 2001
Organisation of Working Time Act 1997
Petty Sessions (Ireland) Act 1851
14 & 15 Vict., c. 93
Protection of Employees (Part-Time Work) Act 2001
Redundancy Payments Acts 1967 to 2001
Registration of Clubs Acts 1904 to 2000
Safety, Health and Welfare at Work Act 1989
Tobacco (Health Promotion and Protection) Act 1988
Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act 1978
Trade Marks Act 1996
Unfair Dismissals Acts 1977 to 2001
Number 6 of 2002
PUBLIC HEALTH (TOBACCO) ACT 2002
REVISED
Updated to 23 September 2024
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:
Annotations
Modifications (not altering text):
C1
Functions under collectively cited Public Health (Tobacco) Acts 2002 and 2004 transferred and specified bodies dissolved (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59 and sch. 3 item 2, S.I. No. 885 of 2004, subject to transitional provisions in s. 74 and sch. 5 item 2(a)(viii).
Dissolution of health boards and other specified bodies.
58.—The specified bodies are, by this Act, dissolved on the establishment day.
Transfer of functions of specified bodies to Executive.
59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.
(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.
(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:
(a) the chief executive officer of a health board;
(b) the Regional Chief Executive of the Eastern Regional Health Authority;
(c) the area chief executive of an Area Health Board.
...
SCHEDULE THREE
Transfer of Functions and References to Functional Areas
Section 59 and 67.
...
2. Public Health (Tobacco) Acts 2002 and 2004
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