C3

Prospective affecting provision: section inserted (1.02.2028) by Public Health (Tobacco) (Amendment) Act 2024 (47/2024), s. 6, commenced as per s. 11(3).

28A. (1) A person shall not sell by retail, or cause to be sold by retail, a tobacco product to a person under the age of 21 years.

(2) A person who contravenes subsection (1) commits an offence.

(3) In proceedings against a person for an offence under subsection (2), it shall be a defence for such person to prove that the person under the age of 21 years to whom the alleged offence relates produced to him or her—

(a) an age card,

(b) a passport, or

(c) a driving licence,

for the time being in force, relating to that person under the age of 21 years.