2.— (1) This Act shall not apply to—

(a) a medicinal product within the meaning of section 1(1) of the Irish Medicines Board Act 1995,

(b) an animal remedy within the meaning of section 1 of the Animal Remedies Act 1993 authorised in accordance with—

(i) the European Communities (Animal Remedies) (No. 2) Regulations 2007 (S.I. No. 786 of 2007), or

(ii) Regulation (EC) No. 726/2004 of the European Parliament and of the Council of 31 March 2004 ¹ as amended,

prescribed or sold for administration to an animal in accordance with those provisions,

(c) intoxicating liquor within the meaning of section 77 of the Licensing Act 1872,

(d) a tobacco product within the meaning of section 2 of the Public Health (Tobacco) Act 2002,

F1[(da) a nicotine inhaling product, within the meaning of section 2 of the Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023,]

(e) food within the meaning of section 2 of the Food Safety Authority of Ireland Act 1998 which has been placed on the market in compliance with food legislation within the meaning of that section,

(f) unless otherwise expressly provided for in this Act, a controlled drug, or

(g) such other substance, product, preparation, plant, fungus or natural organism as may be specified by order under subsection (2).

(2) The Minister may, after consultation with the Minister for Health and Children and such other Minister of the Government as he or she considers appropriate, by order declare that this Act shall not apply in relation to a substance, product, preparation, plant, fungus or natural organism specified in the order and so long as an order under this subsection is in force, this Act shall not apply in relation to the substance, product, preparation, plant, fungus or natural organism so specified in the order.