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

PART 1

Preliminary and General

Section

1. Short title, collective citation and commencement

2. Interpretation

3. Application of Act

4. Residence of body corporate or unincorporated body of persons

5. Regulations

6. Expenses

7. Service of documents

8. Remote sale of tobacco products or nicotine inhaling products

9. Repeals and revocations

10. Review of operation of Act

PART 2

Licence for Sale of Tobacco Products or Nicotine Inhaling Products

11. Application for licence

12. Determination of application for licence

13. Issue of licence

14. Duration of licence

15. Renewal of licence

16. Appeal against refusal of licence

17. Copy of licence where lost, stolen, damaged or destroyed

18. Minister may prescribe fee

19. Revocation of licence

20. Representations

21. Appeal against revocation of licence

22. Duty to display licence

23. Register of licences

24. Duty to notify change in information

PART 3

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

29. Prohibition on sale of tobacco products or nicotine inhaling products at events aimed at children

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

PART 4

Enforcement and Compliance

33. Test purchasing

34. Executive may publish information respecting certain persons

PART 5

Penalties and Proceedings

35. Penalties

36. Defences generally

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

PART 6

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

49. Amendment of Act of 2002

PART 7

Miscellaneous

50. Amendment of Criminal Justice (Psychoactive Substances) Act 2010

51. Amendment of Regulations of 2016



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: