Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023
Number 35 of 2023
PUBLIC HEALTH (TOBACCO PRODUCTS AND NICOTINE INHALING PRODUCTS) ACT 2023
REVISED
Updated to 2 February 2026
This Revised Act is an administrative consolidation of the Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023. 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 Credit Review Act 2026 (1/2026), enacted 3 February 2026, and all statutory instruments up to and including the Gambling Regulation Act 2024 (Commencement) Order 2026 (S.I. No. 31 of 2026), made 3 February 2026, 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 35 of 2023
PUBLIC HEALTH (TOBACCO PRODUCTS AND NICOTINE INHALING PRODUCTS) ACT 2023
REVISED
Updated to 2 February 2026
CONTENTS
Preliminary and General
Section
1. Short title, collective citation and commencement
4. Residence of body corporate or unincorporated body of persons
8. Remote sale of tobacco products or nicotine inhaling products
10. Review of operation of Act
Licence for Sale of Tobacco Products or Nicotine Inhaling Products
12. Determination of application for licence
16. Appeal against refusal of licence
17. Copy of licence where lost, stolen, damaged or destroyed
18. Minister may prescribe fee
21. Appeal against revocation of licence
24. Duty to notify change in information
Certain Offences
25. Offence of selling by retail tobacco products or nicotine inhaling products without licence
26. Offence relating to sale by retail of nicotine inhaling products by means of self service
27. Prohibition on sale of tobacco products or nicotine inhaling products by child
28. Prohibition on sale of tobacco products or nicotine inhaling products to child
28A. Prohibition on sale of tobacco products to person under age of 21 years
30. Prohibition on advertising of nicotine inhaling products in certain places
31. Prohibition on advertising of nicotine inhaling products in cinemas
32. Prohibition on display of suspended, expired or revoked licence
Enforcement and Compliance
34. Executive may publish information respecting certain persons
Penalties and Proceedings
37. Liability for offences by body corporate
38. Evidence in proceedings for an offence
39. Order of court consequent upon conviction of offence
40. Prosecution of summary offences
41. Time limit where offence may be prosecuted in summary proceedings only
Amendment of Public Health (Tobacco) Act 2002
42. Amendment of section 2 of Act of 2002
43. Amendment of section 5 of Act of 2002
44. Amendment of section 7 of Act of 2002
45. Amendment of section 43 of Act of 2002
46. Amendment of section 48 of Act of 2002
47. Amendment of section 50 of Act of 2002
48. Amendment of section 53 of Act of 2002
Miscellaneous
50. Amendment of Criminal Justice (Psychoactive Substances) Act 2010
Acts Referred to
Companies Act 2014 (No. 38)
Criminal Justice (Psychoactive Substances) Act 2010 (No. 22)
Education Act 1998 (No. 51)
Intoxicating Liquor Act 1988 (No. 16)
Irish Medicines Board Act 1995 (No. 29)
Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93)
Public Health (Standardised Packaging of Tobacco) Act 2015 (No. 4)
Public Health (Tobacco) Act 2002 (No. 6)
Public Health (Tobacco) Acts 2002 to 2015
Railway Safety Act 2005 (No. 31)
Road Traffic Act 1961 (No. 24)
Taxes Consolidation Act 1997 (No. 39)
Trade Marks Act 1996 (No. 6)
Number 35 of 2023
PUBLIC HEALTH (TOBACCO PRODUCTS AND NICOTINE INHALING PRODUCTS) ACT 2023
REVISED
Updated to 2 February 2026
An Act to provide for the licensing of the sale by retail of tobacco products and nicotine inhaling products; to provide for the establishment and maintenance of a register of licences issued under and in accordance with the Act; to provide for certain related offences; and for those and other purposes, to provide for the amendment of the Public Health (Tobacco) Act 2002; and to provide for the consequential amendment of certain other enactments and the revocation of certain statutory instruments; and to provide for related matters.
[13th December, 2023]
Be it enacted by the Oireachtas as follows:
