IE
(LRC Revised)
Statutory Text (1 Articles)
Number 35 of 2023
PUBLIC HEALTH (TOBACCO PRODUCTS AND NICOTINE INHALING PRODUCTS) ACT 2023
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 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
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)
Transport (Railway Infrastructure)
Act 2001
(No. 55)
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.
[13
th December
, 2023]
Be it enacted by the Oireachtas
as follows
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