Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697751059256.pdf (Ireland)
___________ An Bille Sláinte Poiblí (Táirgí Tobac agus Táirgí Ionanálaithe Nicitín), 2023 Public Health (Tobacco Products and Nicotine Inhaling Products) Bill 2023 ___________ Meabhrán Mínitheach Explanatory Memorandum ___________ ____________ AN BILLE SLÁINTE POIBLÍ (TÁIRGÍ TOBAC AGUS TÁIRGÍ IONANÁLAITHE NICITÍN), 2023 PUBLIC HEALTH (TOBACCO PRODUCTS AND NICOTINE INHALING PRODUCTS) BILL 2023 ____________ EXPLANATORY MEMORANDUM ____________ The purpose of this Bill is to provide for the licensing of the 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 consequential amendment of the Public Health (Tobacco) Act 2002 and certain other enactments and the revocation of certain statutory instruments; and to provide for related matters.
Part 1 - Preliminary and General Section 1 - (Short title, collective citation, and commencement) This section provides for the short title and the commencement date.

Section 2 – (Interpretation) This section provides for the definition of relevant terms.

Section 3 – (Application of Act) This section provides that this Act applies to the sale by retail of tobacco and nicotine inhaling products.
Section 4 – (Residence of body corporate or unincorporated body of persons) This section provides for the residence of body corporate or unincorporated persons for the purposes of this Bill.

Section 5 – (Regulations) This section provides for Ministerial Regulations for the purposes of this Bill.

Section 6 – (Expenses) This section provides for expenses.

Section 7 – (Service of Documents) This section provides for the service of documents.
Section 8 – (Remote sale of tobacco products or nicotine inhaling products) This section provides for the remote sale of tobacco products or nicotine inhaling products.

1 Section 9 – (Repeals and Revocations) Section 9(1) repeals sections 5A, 37 and 45 of the Public Health (Tobacco) Act 2002.

Sections 5A and 37 of the 2002 Act relate to the current retail register which is being repealed by this Bill.

Section 45 of the 2002 Act prohibits the sale of tobacco products to persons under the age of 18.
This Bill re-enacts that prohibition at section 29.

Section 9(2) revokes the Public Health (Tobacco) (Registration) Regulations 2009 which are no longer necessary as that register is being discontinued.

Section 9(2) also revokes the Public Health (Tobacco) (Self Service Vending Machines) Regulations 2009 as sale through self-service vending machines is being prohibited.
Finally, this subsection revokes the Public Health (Tobacco) (Retail Sign) Regulations 2009 which will be replaced with updated references to the register of licences being introduced by this Bill.
Part 2 – Licence for Sale of Tobacco Products or Nicotine Inhaling Products Section 10 – (Application for licence) This section provides for the application for a licence in the prescribed form and prescribed manner for tobacco products, nicotine inhaling products, or tobacco products and nicotine inhaling products.

Section 11 – (Determination of Application for licence) This section provides for the determination of an application for a licence by the HSE and grounds of refusal.
Section 12 – (Issue of Licence) This section provides for the issue of a licence by the HSE.

Section 13 – (Duration of licence) This section provides for the duration of a licence.

Section 14 – (Renewal of Licence) This section provides for the renewal and grounds for refusal of a licence by the HSE.

Section 15 – (Appeal against Refusal of Licence) Section 15 – This section provides for an appeal to the District Court against the refusal of a licence by the HSE.
Section 16 – (Copy of Licence where lost, stolen, damaged or destroyed) This section provides for a copy of a licence to issue where an original licence is lost, stolen, damaged or destroyed.

Section 17 – (Minister may prescribe fee) This section provides for an annual fee for the issue, renewal or copy of a licence.

Section 18 – (Revocation of Licence) This section provides for the revocation of a licence by the HSE.
Section 19 – (Representations) This section provides for representations to the HSE for a proposal to revoke a licence.

Section 20 – (Appeal against revocation of licence) 2 This section provides for an appeal to the District Court against revocation of a licence by the HSE.

Section 21 – (Duty to display licence) This section imposes a duty on the licensee to display a licence.
Section 22 – (Register of Licences) This section provides for a register of licences to be established and maintained by the HSE.

Section 23 – (Duty to notify change in information) This section imposes a duty on licensees to notify changes in information.

Part 3 – Certain Offences Section 24 – (Offence of selling by retail tobacco products or nicotine inhaling products without licence) This section creates an offence of selling by retail tobacco products or nicotine inhaling products without a licence.
Section 25 – (Offence relating to sale by retail of nicotine inhaling products by means of self service) This section creates an offence of sale by retail of nicotine inhaling products by means of self service.

Section 26 – (Prohibition on sale of tobacco products or nicotine inhaling products by child) Section 26 creates a prohibition on the sale of tobacco or nicotine inhaling products by a child.
An exemption for a child aged 16 years or older if they are related to the licensee is also provided in this section.

Section 27 – (Prohibition on sale of tobacco products or nicotine inhaling products to child) This section provides for the prohibition of the sale of tobacco or nicotine products to a child.
Section 28 – (Prohibition on sale of tobacco products or nicotine inhaling products at events aimed at children) This section provides for the prohibition of the sale of tobacco or nicotine products at events aimed at children.
Section 29 – (Prohibition on advertising of nicotine inhaling products in certain places) This section provides for the prohibition of the advertising of nicotine inhaling products in certain places, such as schools and in or on trains, light rail vehicles and buses or stopping places for trains or light rail vehicles.

Section 30 – (Prohibition on advertising of nicotine inhaling products in cinemas) This section provides for the prohibition of the advertising of nicotine inhaling products in cinemas.
An exemption for films that have been certified as fit for viewing by persons aged 18 years or over is also provided by this section.

Section 31 – (Prohibition on display of suspended, expired, or revoked licence) This section provides that the display of a licence on its suspension or expiration by a licensee shall be an offence.

3 Part 4 – Enforcement and Compliance Section 32 – (Test purchasing) This section provides for test purchasing by the HSE.
Section 33 – (Executive may publish information respecting certain persons) This section provides the HSE shall keep and may publish information regarding persons on whom a fine or penalty is imposed by a court.

Part 5 – Penalties and Proceedings Section 34 – (Penalties) This section provides for penalties for offences.

Section 35 – (Defences generally) This section provides for defences to offences.
Section 36 – (Liability for offences by body corporate) This section provides for liability for offences by body corporate.

Section 37 – (Evidence in proceedings for an offence) This section provides for evidence in proceedings for an offence under this Act.

Section 38 – (Order of court consequent upon conviction of offence) This section provides for an order of court suspending a license consequent upon conviction of an offence.
Section 39 – (Prosecution of summary offences) This section provides for the prosecution of summary offences by the HSE.

Section 40 – (Time Limit where offence may be prosecuted in summary proceedings only) This section provides for a time limit of 12 months where offences may be prosecuted by the HSE in summary proceedings only.
Part 6 – Amendment of Public Health (Tobacco) Act 2002 Section 41 – (Amendment of section 2 of the Act of 2002) This section amends section 2 of the Public Health (Tobacco) Act 2002 to insert certain definitions to provide for alignment between this Act and the Act of 2002.
Section 42 – (Amendment of section 5 of the Act of 2002) This section amends section 5 of the Public Health (Tobacco) Act 2002 to align the penalty for the sale by self-service of tobacco products with the penalty for the sale of nicotine inhaling products and to provide for a penalty for failure to comply with a compliance notice.

Section 43 – (Amendment of section 7 of the Act of 2002) This section amends section 7 of the Public Health (Tobacco) Act 2002 to allow for electronic service of documents.
Section 44 – (Amendment of section 43 of the Act of 2002) This section provides for amendments to section 43 of the Public Health (Tobacco) Act 2002 including an amendment to prohibit the sale of tobacco products by means of self-service and to update references to the retail register to become references to the register of licences introduced by this Bill.
4 Section 45 – (Amendment of section 48 of the Act of 2002) This section amends section 48 of the Public Health (Tobacco) Act 2002 to provide that authorised officers under the 2002 Act are also authorised officers for this Bill and to provide further enforcement powers to such officers.

Section 46 – (Amendment of section 50 of the Act of 2002) This section amends section 50 of the Public Health (Tobacco) Act 2002 to provide that samples of nicotine inhaling products can be taken for enforcement purposes.
Section 47 – (Amendment of section 53 of the Act of 2002) This section amends section 53 of the Public Health (Tobacco) Act 2002 to bring the offence of the forgery or alteration of documents with intent to defraud into this Bill.

Section 48 – (Amendment of Act of 2002) This section amends the Public Health (Tobacco) Act 2002 by the insertion of sections 54, 55, 56 and 57 in the 2002 Act to provide for compliance notices, prohibition notices, fixed payment notices and legal privilege.
Part 7 – Miscellaneous Section 49 – (Amendment of Criminal Justice (Psychoactive Substances) Act 2010) This section amends section 2 of the Criminal Justice (Psychoactive Substances) Act 2010 to include a nicotine inhaling product as one of the exclusions to the application of that Act.

Tobacco products are excluded by the 2002 Act.


Section 50 – (Amendment of Regulations of 2016) This section amends Regulation 38 of the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 to include the provisions of this Bill for the construction of references for authorised officers for the purposes of the 2016 Regulations.

An Roinn Sláinte, Bealtaine, 2023.

Wt.

—.

250.

5/23.

MM Packaging.

(97363).

Gr.

30-15.

5