(LRC Revised)

Number 6 of 2002

PUBLIC HEALTH (TOBACCO) ACT 2002

REVISED

Updated to 2 February 2026

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative

consolidation of the

Public Health (Tobacco) Act 2002

. 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

6

of

2002

PUBLIC HEALTH (TOBACCO) ACT

2002

REVISED

Updated to 2 February 2026

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders and regulations.

4.

Expenses.

5.

Offences and penalties.

5A.

Order of

court consequent upon conviction of an offence.

6.

Proceedings.

7.

Service of documents.

8.

Repeals, saver and revocations.

PART 2

Office of Tobacco Control

9.

Establishment

of Office of Tobacco Control.

(Repealed)

10.

Functions of

Office.

(Repealed)

11.

Conferral of

additional functions on Office.

(Repealed)

12.

Membership

of Office.

(Repealed)

13.

Conditions

of office of members of Office.

(Repealed)

14.

Casual

vacancies among members of Office.

(Repealed)

15.

Remuneration

of members of Office.

(Repealed)

16.

Meetings and

procedure.

(Repealed)

17.

Membership

of either House of Oireachtas or European Parliament.

(Repealed)

18.

Disclosure

by members of Office of certain interests.

(Repealed)

19.

Disclosure

by members of staff of certain interests.

(Repealed)

20.

Prohibition

of unauthorised disclosure of confidential information.

(Repealed)

21.

Committees

of Office.

(Repealed)

22.

Tobacco Free

Council.

(Repealed)

23.

Grants to

Office.

(Repealed)

24.

Accounts and

audits.

(Repealed)

25.

Annual

report.

(Repealed)

26.

Power to

borrow.

(Repealed)

27.

Gifts.

(Repealed)

28.

Chief

executive.

(Repealed)

29.

Staff.

(Repealed)

30.

Remuneration

of staff.

(Repealed)

31.

Transfer of

staff to Office.

(Repealed)

32.

Superannuation.

(

Repealed

)

PART 3

Regulation and Control of Sale, Marketing and Smoking of Tobacco

Products

33.

Prohibition of advertising of tobacco products.

33A.

Prohibition of advertising of tobacco products on retail

premises.

34.

Advertisements in foreign publications.

(Repealed)

35.

Advertisements directed at persons engaged in the sale etc. of tobacco

products.

36.

Prohibition of sponsorship.

37.

Register of

retailers of tobacco products.

38.

Prohibition of certain marketing practices.

39.

Specifications in relation to tobacco products.

40.

Requirement to provide information on and test tobacco products.

41.

Publication of certain information etc.

42.

Prohibition on certain assertions in relation to tobacco products.

43.

Offences relating to sale by retail of tobacco products.

44.

Exemption from

section 43

.

45.

Prohibition

on sale of tobacco products to person under 18 years of age.

(Repealed)

46.

Display of signs.

47.

Prohibition or restriction on smoking of tobacco products.

48.

Authorised officer.

49.

Indemnification of authorised officers.

50.

Taking of samples by authorised officers.

51.

Laboratories.

52.

Evidence in proceedings for an offence.

53.

Forgery of documents.

54.

Compliance notice.

55.

Prohibition notice.

56.

Fixed payment notice.

57.

Legal privilege.

Acts Referred to

Companies Act 1963

1963, No. 33

Companies Act 1990

1990, No. 33

Companies Acts 1963 to 2001

Criminal Procedure Act 1967

1967, No. 12

Education Act 1998

1998, No. 51

European Parliament Elections Act 1997

1997, No. 2

Finance Act 1997

1997, No. 22

Finance (Excise Duty on Tobacco Products) Act 1977

1977, No. 32

Health (Eastern Regional Health Authority) Act

1999

1999, No. 13

Health Act 1970

1970, No. 1

Health Acts 1947 to 2001

Intoxicating Liquor Act 1988

1988, No. 16

Irish Medicines Board Act 1995

1995, No. 29

Minimum Notice and Terms of Employment Acts 1973 to

2001

Organisation of Working Time Act 1997

1997, No. 20

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c. 93

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Redundancy Payments Acts 1967 to 2001

Registration of Clubs Acts 1904 to 2000

Safety, Health and Welfare at Work Act 1989

1989, No. 7

Tobacco (Health Promotion and Protection) Act 1988

1988, No. 24

Tobacco Products (Control of Advertising, Sponsorship and

Sales Promotion) Act 1978

1978, No. 27

Trade Marks Act 1996

1996, No. 6

Unfair Dismissals Acts 1977 to 2001

Number

6

of

2002

PUBLIC HEALTH (TOBACCO) ACT

2002

REVISED

Updated to 2 February 2026

AN ACT TO PROVIDE FOR THE

ESTABLISHMENT OF A BODY TO BE KNOWN AS THE OFFICE OF TOBACCO CONTROL, TO PROVIDE FOR

THE

REGISTRATION OF PERSONS ENGAGED IN THE BUSINESS OF SELLING TOBACCO PRODUCTS BY RETAIL,

TO

PROVIDE FOR A PROHIBITION ON THE ADVERTISING OF TOBACCO PRODUCTS. A PROHIBITION ON

SPONSORSHIP BY MANUFACTURERS AND IMPORTERS OF TOBACCO PRODUCTS AND PROHIBITIONS ON

CERTAIN

MARKETING PRACTICES IN RELATION TO TOBACCO PRODUCTS, TO PROVIDE FOR THE PROHIBITION

OR

RESTRICTION OF TOBACCO SMOKING IN CERTAIN PLACES, TO REPEAL THE TOBACCO PRODUCTS (CONTROL

OF ADVERTISING, SPONSORSHIP AND SALES PROMOTION) ACT 1978, AND THE TOBACCO (HEALTH

PROMOTION AND PROTECTION) ACT 1988, AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[27

th March

, 2002]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering

text)

C1

Functions under

collectively cited

Public Health (Tobacco) Acts 2002 and 2004

transferred

and specified bodies dissolved (1.01.2005) by

Health Act 2004

(42/2004),

ss. 58, 59 and sch. 3 item 2, S.I. No. 885 of 2004, subject to transitional

provisions in s. 74 and sch. 5 item 2(a)(viii).

Dissolution of health

boards and other specified bodies.

58.

—The

specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of

specified bodies to Executive.

59.

—(1) The

functions that, immediately before the establishment day, were the functions of a

specified body under or in connection with the enactments referred to in Schedule

3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an

enactment referred to in Schedule 3, or a provision of an instrument made under

such enactment, does not come into effect until on or after the establishment day,

a function that on the passing of that enactment or the making of that instrument

was assigned under or in connection with that provision to a specified body is, by

this Act, transferred to the Executive on the commencement of that provision.

(3) The functions

transferred by this Act to the Executive include the functions specified in any

enactment referred to in Schedule 3 as a function of the following

(

a

) the chief executive

officer of a health board;

(

b

) the Regional Chief

Executive of the Eastern Regional Health Authority;

(

c

) the area chief

executive of an Area Health Board.

...

SCHEDULE THREE

Transfer of Functions and

References to Functional Areas

Section 59 and 67.

...

2. Public Health (Tobacco)

Acts 2002 and 2004

...

Annotations

Modifications (not altering

text)

C1

Functions under

collectively cited

Public Health (Tobacco) Acts 2002 and 2004

transferred

and specified bodies dissolved (1.01.2005) by

Health Act 2004

(42/2004),

ss. 58, 59 and sch. 3 item 2, S.I. No. 885 of 2004, subject to transitional

provisions in s. 74 and sch. 5 item 2(a)(viii).

Dissolution of health

boards and other specified bodies.

58.

—The

specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of

specified bodies to Executive.

59.

—(1) The

functions that, immediately before the establishment day, were the functions of a

specified body under or in connection with the enactments referred to in Schedule

3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an

enactment referred to in Schedule 3, or a provision of an instrument made under

such enactment, does not come into effect until on or after the establishment day,

a function that on the passing of that enactment or the making of that instrument

was assigned under or in connection with that provision to a specified body is, by

this Act, transferred to the Executive on the commencement of that provision.

(3) The functions

transferred by this Act to the Executive include the functions specified in any

enactment referred to in Schedule 3 as a function of the following

(

a

) the chief executive

officer of a health board;

(

b

) the Regional Chief

Executive of the Eastern Regional Health Authority;

(

c

) the area chief

executive of an Area Health Board.

...

SCHEDULE THREE

Transfer of Functions and

References to Functional Areas

Section 59 and 67.

...

2. Public Health (Tobacco)

Acts 2002 and 2004

...