Public Health (Standardised Packaging of Tobacco) Act 2015



2. (1) In this Act—

“Act of 2002” means Public Health (Tobacco) Act 2002;

“affixed item” means anything affixed or otherwise attached to the retail packaging of a tobacco product other than a tax stamp or the lining of a unit packet of a tobacco product;

F1[calibration mark, in relation to the retail packaging of tobacco products, means a mark which is necessary for the automated manufacture of that packaging;

cigar band, in relation to a cigar, means a loop made of paper or foil or other material fitted around the circumference of the cigar;]

“cigarette packet” means a unit packet of cigarettes;

“Directive” means the Directive No. 2014/40/EU of the European Parliament and of the Council of 3 April 2014 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;

“filter tip”, in relation to a cigarette, means the part of the end of the cigarette that acts as a filter or purports to act as a filter;

“inserted item” means any item placed inside the retail packaging of a tobacco product, other than a tobacco product or the lining of a unit packet of a tobacco product;

“mark” includes any line, letter, number, symbol, graphic or image, other than a trademark;

“Minister” means the Minister for Health;

“prescribed” means prescribed by regulations made by the Minister under section 3;

F1[re-sealing tab, in relation to a unit packet of roll-your-own tobacco or other unit packet of tobacco products (other than cigarettes), means a tab for re-sealing the packet;]

“retail packaging”, in relation to a tobacco product, means the outside packaging of the tobacco product, any lining contained therein and any wrapper that covers such outside packaging;

“sell”, in relation to tobacco products, means sell by wholesale or retail and includes—

(a) offer or expose for sale,

(b) invite the making by a person of an offer to purchase,

(c) distribute free of charge, and

(d) supply for any of these purposes (whether or not for profit);

“tax stamp” has the same meaning as it has in Chapter 3 of Part 2 of the Finance Act 2005;

“tobacco product” means a product—

(a) that can be consumed and consists, even partly, of tobacco, whether genetically modified or not and includes a cigarette paper, tube or filter manufactured for use in the smoking of tobacco, and

(b) that is intended for sale by retail in the State;

“trade mark” has the same meaning as it has in the Trade Marks Act 1996;

“variant name”, in relation to a tobacco product, means the name used to distinguish that tobacco product from other tobacco products of the same brand name.

(2) (a) A reference to the outer surface of outside packaging is a reference to the entire outer surface of that packaging, including, where the outside packaging is a cigarette packet, the outer surface of a flip-top lid.

(b) Where outside packaging has a flap with a surface that is visible only when the packaging is opened, that surface is an inner surface of the packaging.

(3) Subject to subsection (1), a word or expression that is used in this Act and is also used in the Directive has, unless the context otherwise requires, the same meaning in this Act as it has in the Directive.




Inserted (16.02.2017) by Health (Miscellaneous Provisions) Act 2017 (1/2017), s. 11, commenced on enactment.