45. Section 43 of the Act of 2002 is amended—

(a) in subsection (1), by the substitution of “It shall” for “Subject to subsection (2), it shall”,

(b) by the deletion of subsection (2),

(c) by the substitution of the following subsection for subsection (3):

“(3) A licensee shall ensure that tobacco products sold by him or her are kept in a closed container or dispenser that is not visible or accessible to any person other than the licensee, or a person employed by him or her in connection with the business of selling goods by retail while so employed.”,

F9[(d) by the substitution of the following subsections for subsection (4):

“(4) Subject to subsections (4A) and (4B) and the European Communities (Requirements to Indicate Product Prices) Regulations 2002 ( S.I. No. 639 of 2002 ), a licensee shall ensure that—

(a) no notice, sign or display shall be displayed, and

(b) no leaflet, circular, pamphlet or brochure shall be issued to the public or given to a purchaser of a product,

at any place, indicating that tobacco products may be purchased at the premises concerned.

(4A) Notwithstanding subsection (4) and subject to subsection (4B), a sign may be displayed indicating that tobacco products may be purchased at the premises concerned in such manner and form as may be prescribed by regulations made by the Minister.

(4B) A sign under subsection (4A)—

(a) shall, on or before 31 January 2028, inform the public that tobacco products may be sold at the premises to persons who have attained the age of 18 years,

(b) shall, on or after 1 February 2028, inform the public that tobacco products may be sold at the premises to persons who have attained the age of 21 years, and

(c) may provide such other information as may be prescribed.”,]

and

(e) in subsection (5)—

(i) in paragraph (a), by the substitution of “A licensee” for “A person registered under section 37”, and

(ii) in paragraph (b), by the substitution of “the licensee” for “the person registered under section 37”.