An Bille Sláinte Poiblí (Pacáistiú Caighdeánaithe Tobac), 2014
Public Health (Standardised Packaging of Tobacco) Bill 2014
Mar a tionscnaíodh
As initiated
[No. 54 of 2014]AN BILLE SLÁINTE POIBLÍ (PACÁISTIÚ CAIGHDEÁNAITHE TOBAC), 2014
PUBLIC HEALTH (STANDARDISED PACKAGING OF TOBACCO) BILL 2014
Mar a tionscnaíodh
As initiated
CONTENTS
PART 1
PRELIMINARY AND GENERAL
Section
1.  Short title, collective citation and commencement
2.  Interpretation
3.  Orders and regulations
4.  Expenses
5.  Restriction of Act
6.  Transitional provisions
PART 2
RETAIL PACKAGING AND PRESENTATION OF TOBACCO PRODUCTS
7.  Retail packaging of cigarettes
8.  Appearance of cigarettes
9.  Retail packaging of roll-your-own tobacco
10.  Retail packaging of other tobacco products
11.  Linings of tobacco products
12.  Tar, nicotine and carbon monoxide yields
13.  Presentation of tobacco products
14.  Features of retail packaging of tobacco products
PART 3
OFFENCES, PROCEEDINGS AND PENALTIES
15.  Offences in relation to retail packaging
16.  Penalties
17.  Offences by bodies corporate
[No. 54 of 2014]18.  Proceedings
19.  Evidence in proceedings for an offence
PART 4
MISCELLANEOUS
20.  Amendment of section 5A of the Act of 2002
21.  Amendment of section 37 of the Act of 2002
22.  Amendment of section 48 of the Act of 2002
2ACTS REFERRED TO
Finance Act 2005 (No. 5)
Public Health (Tobacco) (Amendment) Act 2009 (No. 23)
Public Health (Tobacco) Act 2002 (No. 6)
Public Health (Tobacco) Acts 2002 to 2013
Trade Marks Act 1996 (No. 6)
34AN BILLE SLÁINTE POIBLÍ (PACÁISTIÚ CAIGHDEÁNAITHE TOBAC), 2014
PUBLIC HEALTH (STANDARDISED PACKAGING OF TOBACCO) BILL 2014
Bill
entitled
An Act to provide for standardised packaging of tobacco and tobacco products; to give  
effect in part to  Directive No. 2014/40/EU of the European Parliament and of the  
Council  of  3  April  20141 on  the  approximation  of  the  laws,  regulations  and  
administrative  provisions  of  the  Member  States  concerning  the  manufacture,  
presentation  and  sale  of  tobacco  and  related  products  and  repealing  Directive  
2001/37/EC; and to provide for related matters.
Be it enacted by the Oireachtas as follows:
PART 1
PRELIMINARY AND GENERAL
Short title, collective citation and commencement
1.(1)This Act may be cited as the Public Health (Standardised Packaging of Tobacco) Act  
2014.
(2)The  Public Health (Tobacco) Acts 2002 to 2013  and this Act may be cited as the  
Public Health (Tobacco) Acts 2002 to 2014.
(3)This Act shall come into operation on such day or days as the Minister may appoint  
by order or orders either generally or with reference to any particular purpose or  
provision, and different days may be so appointed for different purposes and different  
provisions.
Interpretation
2.(1)In this Act—
“Act of 2002” means  Public Health (Tobacco) Act 2002 ;
“affixed item” means anything affixed or otherwise attached to the retail packaging of  
a tobacco product other than a tax stamp or the lining of a unit packet of a tobacco  
product;
1OJ No. L127, 29.4.2014, p.1
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25“cigarette packet” means a unit packet of cigarettes;
“Directive” means the Directive No. 2014/40/EU of the European Parliament and of  
the  Council  of  3  April  2014  on  the  approximation  of  the  laws,  regulations  and  
administrative  provisions  of  the  Member  States  concerning  the  manufacture,  
presentation  and  sale  of  tobacco  and  related  products  and  repealing  Directive  
2001/37/EC;
“filter tip”, in relation to a cigarette, means the part of the end of the cigarette that acts  
as a filter or purports to act as a filter;
“inserted  item”  means  any item placed  inside  the  retail  packaging  of  a  tobacco  
product, other than a tobacco product or the lining of a unit packet of a tobacco  
product;
“mark” includes any line, letter, number, symbol, graphic or image, other than a  
trademark;
“Minister” means the Minister for Health;
“prescribed” means prescribed by regulations made by the Minister under section 3;
“retail packaging”, in relation to a tobacco product, means the outside packaging of  
the tobacco product, any lining contained therein and any wrapper that covers such  
outside packaging;
“sell”,  in  relation  to  tobacco  products,  means  sell  by  wholesale  or  retail  and  
includes—
(a)offer or expose for sale,
(b)invite the making by a person of an offer to purchase,
(c)distribute free of charge, and
(d)supply for any of these purposes (whether or not for profit);
“tax stamp” has the same meaning as it has in Chapter 3 of Part 2 of the Finance Act 
2005;
“tobacco product” means a product —
(a)that can be consumed and consists, even partly, of tobacco, whether genetically  
modified or not and includes a cigarette paper, tube or filter manufactured for use  
in the smoking of tobacco, and
(b)that is intended for sale by retail in the State;
“trade mark” has the same meaning as it has in the Trade Marks Act 1996 ;
“variant name”, in relation to a tobacco product, means the name used to distinguish  
that tobacco product from other tobacco products of the same brand name.
(2)   (a)A reference to the outer surface of outside packaging is a reference to the entire  
outer surface  of that packaging, including, where the outside  packaging is a  
cigarette packet, the outer surface of a flip-top lid.
(b)Where outside packaging has a flap with a surface that is visible only when the  
packaging is opened, that surface is an inner surface of the packaging.
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35(3)Subject to subsection (1), a word or expression that is used in this Act and is also used  
in the Directive has, unless the context otherwise requires, the same meaning in this  
Act as it has in the Directive.
Orders and regulations
3.(1)The Minister may by regulations provide for any matter referred to in this Act as  
prescribed or to be prescribed or for the purposes of enabling any provision of this  
Act to have full effect.
(2)Regulations  under  this  section  may  contain  such  incidental,  supplementary  and  
consequential provisions as appear to the Minister to be necessary or expedient for the  
purposes of the regulations.
(3)Every order  (other  than  an  order  under  section  1(3))  or  regulation  made  by the  
Minister under this Act shall be laid before each House of the Oireachtas as soon as  
may be after it is made and, if a resolution annulling the order or regulation is passed  
by either such House within the next 21 days on which that House sits after the order  
or regulation is laid before it, the order or regulation shall be annulled accordingly,  
but without prejudice to the validity of anything previously done thereunder.
Expenses
4.The expenses incurred by the Minister in the administration of this Act shall, to such  
extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid  
out of monies provided by the Oireachtas.
Restriction of Act
5.(1)Nothing in this Act shall operate to —
(a)prohibit the registration of a trade mark under the Trade Marks Act 1996, or
(b)be grounds for the revocation of the registration of a trade mark under that Act.
(2)Nothing in this Act shall operate to affect the law in relation to tax stamps.
Transitional provisions
6.(1)This  Act  shall  not  apply to  the  sale,  before  20  May 2017,  of  tobacco  products  
manufactured or released for circulation before 20 May 2016, provided that on the  
date of their sale those tobacco products comply with the European Communities  
(Manufacture, Presentation and Sale of Tobacco Products) Regulations 2003 (S.I. No.  
425 of 2003) and the Public Health (Tobacco) (General and Combined Warnings)  
Regulations 2011 (S.I. No. 656 of 2011).
(2)For the purposes of this section, the Regulations referred to in  subsection  (1) shall 
continue  to  apply  until  20  May  2017  notwithstanding  any  revocation  of  those  
Regulations by any subsequent enactment.
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35PART 2
RETAIL PACKAGING AND PRESENTATION OF TOBACCO PRODUCTS
Retail packaging of cigarettes
7.(1)Subject to subsection (2), a cigarette packet shall —
(a)in respect of the outer surface thereof, be of a prescribed colour with a matt  
finish;
(b)in respect of the inner surface thereof, be of a prescribed colour;
(c)not bear a mark or trade mark other than in accordance with subsections (3) and 
(4);
(d)not have any decorative ridges, embossing or other embellishments on the outer  
surface thereof;
(e)not contain an adhesive that is coloured or non-transparent;
(f)not contain any inserted items or affixed items other than as provided for by law.
(2)Paragraphs (a) and (c) of subsection (1) shall not apply to the following:
(a)health warnings;
(b)a  bar-code  or  other  similar  identification  mark  that  is  in  accordance  with  
regulations under subsection (5);
(c)such other items as are provided for by law.
(3)Subject to subsection (4), the following may be printed  on a cigarette packet:
(a)a brand name or business name or company name, and
(b)a variant name for the cigarettes concerned.
(4)A name referred to in subsection (3) shall be printed in accordance with regulations  
under subsection (10) and may be printed —
(a)once on the front outer surface of the cigarette packet,
(b)once on the top outer surface of the cigarette packet, and
(c)once on the bottom outer surface of the cigarette packet,
provided that the name does not obscure or interfere with health warnings on the  
cigarette packet.
(5)A bar-code or other similar identification mark may be printed once on a cigarette  
packet in such form and manner as may be prescribed by the Minister, including the  
colour, dimensions, specifications and positioning of such bar-code or mark, provided  
that the bar-code or mark does not convey any information to the consumer (including  
any information conveyed by means of electronic communication).
(6)A cigarette packet shall —
(a)be cuboid in shape, the edges of which may be rounded or bevelled;
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35(b)be made of carton or soft material;
(c)not contain an opening that can be re-closed or re-opened after it is first opened  
other than—
(i)a flip-top lid provided the lid is hinged at the back of the packet, or
(ii)a shoulder-box hinged-lid.
(7)Subsections (1) to (5) shall apply with all necessary modifications to any other form  
of outside packaging of cigarettes.
(8)A wrapper that covers a cigarette packet or any other form of outside packaging of  
cigarettes shall—
(a)be transparent;
(b)not be coloured;
(c)not have any decorative ridges, embossing or other embellishments;
(d)not bear a trade mark or mark other than a tear-strip that is in accordance with  
regulations under subsection (9);
(e)not have any affixed item, other than as provided for by law.
(9)The Minister may prescribe the manner in which a tear-strip may be printed on a  
wrapper under  subsection  (8)(d), including the  colour, dimensions, specifications,  
and positioning of a tear-strip on the wrapper.
(10)The Minister may prescribe the manner in which a name referred to in subsection (3) 
may be printed on a cigarette packet or any other form of outside packaging of  
cigarettes, including the colour, font type, font size, positioning and appearance of  
such a name.
(11)In prescribing matters referred to in  subsection  (1)(a) or  (b) or  subsection  (10),  the 
Minister shall have regard to —
(a)the need to decrease the appeal of cigarettes,
(b)the need to increase the effectiveness of health warnings on retail packaging of  
cigarettes, and
(c)the  need  to  reduce  the  ability  of  retail  packaging  of  cigarettes  to  mislead  
consumers about the harmful effects of smoking.
(12)This section applies to the retail packaging of cigarettes that are intended for sale by  
retail in the State.
(13)Subsection  (6) applies to the retail packaging of cigarettes that are intended to be  
placed on the market.
Appearance of cigarettes
8.(1)Subject to subsection (2), a cigarette shall comply with the following requirements:
(a)the paper covering the cigarette shall, subject to  paragraph  (b)(ii), be white in 
colour;
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35(b)where the cigarette has a filter tip —
(i)the filter tip shall be white in colour, and
(ii)the part of the cigarette paper that covers the filter tip may be white in colour  
or have an imitation cork tip.
(2)The following may be printed, in accordance with regulations under subsection (3), on 
a cigarette: 
(a)a brand name or business name or company name; and
(b)a variant name for the cigarettes concerned.
(3)The Minister may prescribe the form and manner in which a name referred to in  
subsection (2) may be printed on a cigarette, including the colour, font type, font size,  
positioning and appearance of such a name, and in doing so the Minister shall have  
regard to—
(a)the need to ensure that an erroneous impression is not created in relation to the  
characteristics, health effects, hazards or emissions of cigarettes, and
(b)the need to reduce the ability of cigarettes to mislead consumers in relation to the  
harmful effects of smoking.
(4)In this section, “an imitation cork tip”, in relation to a cigarette, means the part of the  
paper covering the filter tip of the cigarette that is printed so as to resemble cork.
(5)It shall be an offence for a person to manufacture, import or sell cigarettes that do not  
comply with the requirements of this section.
(6)This section applies to cigarettes that are intended for sale by retail in the State.
Retail packaging of roll-your-own tobacco
9.(1)Subject to subsection (2), a unit packet of roll-your-own tobacco shall —
(a)in respect of the outer surface thereof, be of a prescribed colour with a matt  
finish;
(b)in respect of the inner surface thereof, be of a prescribed colour;
(c)not bear a mark or trade mark other than in accordance with subsections (3) and 
(4);
(d)not bear any decorative ridges, embossing or other embellishments;
(e)not contain an adhesive that is coloured or non-transparent;
(f)not contain any inserted item or affixed item other than as provided for by law.
(2)Paragraphs (a) and (c) of subsection (1) shall not apply to the following:
(a)health warnings;
(b)a  bar-code  or  other  similar  identification  mark  that  is  in  accordance  with  
regulations under subsection (5);
(c)such other items as are provided for by law.
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35(3)Subject to subsection (4), the following may be printed on a unit packet of roll-your-
own tobacco:
(a)a brand name or business name or company name, and
(b)a variant name for the roll-your-own tobacco concerned.
(4)A name referred to in subsection (3) shall be printed in accordance with regulations  
under subsection (10) and may be printed—
(a)where the packet is cuboid in shape —
(i)once on the front outer surface of the packet,
(ii)once on the top outer surface of a cuboid packet, and 
(iii)once on the bottom outer surface of a cuboid packet, or
(b)where the packet is other than cuboid in shape, twice on the outer surface of the  
packet but not more than once on any one surface,
provided that the name does not obscure or interfere with health warnings on the  
packet.
(5)A bar-code or other similar identification mark may be printed once on a unit packet  
of roll-your-own tobacco in such form and manner as may be prescribed by the  
Minister, including the colour, dimensions, specifications and positioning of the bar-
code, provided that the bar-code or mark does not convey any information to the  
consumer  (including  any  information  conveyed  by  means  of  electronic  
communication).
(6)A unit packet of roll-your-own tobacco shall —
(a)be cuboid in shape, the edges of which may be rounded or bevelled,
(b)be cylindrical in shape, or
(c)have the form of a pouch.
(7)Subsections (1) to (5) shall apply with all necessary modifications to any other form  
of outside packaging of roll-your-own tobacco.
(8)A wrapper that covers a unit packet or any other form of outside packaging of roll-
your-own tobacco shall —
(a)be transparent;
(b)not be coloured;
(c)not have any decorative ridges, embossing or other embellishments;
(d)not bear a mark or trade mark other than a tear-strip that is in accordance with  
regulations under subsection (9);
(e)not have any affixed item, other than as provided for by law.
(9)The Minister may prescribe the manner in which a tear-strip may be printed on a  
wrapper under  subsection  (8)(d), including the  colour, dimensions, specifications,  
and positioning of a tear-strip on the wrapper.
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35(10)The Minister may prescribe the manner in which a name referred to in subsection (3) 
may be printed on a unit packet of roll-your-own tobacco, including the colour, font  
type, font size, positioning and appearance of such a name.
(11)In prescribing matters referred to in  subsection  (1)(a) or  (b) or  subsection  (10), the 
Minister shall have regard to—
(a)the need to decrease the appeal of roll-your-own tobacco,
(b)the need to increase the effectiveness of health warnings on retail packaging of  
roll-your-own tobacco, and
(c)the need to reduce the ability of retail packaging of tobacco products to mislead  
consumers in relation to the harmful effects of smoking.
(12)This section applies to the retail packaging of roll-your-own tobacco that is intended  
for sale by retail in the State. 
(13)Subsection  (6) applies  to  the  retail  packaging  of  roll-your-own  tobacco  that  is  
intended to be placed on the market.
Retail packaging of other tobacco products
10.(1)Subject to subsection (2), a unit packet of tobacco products other than cigarettes and  
roll-your-own tobacco shall —
(a)in respect of the outer surface thereof, be of a prescribed colour with a matt  
finish; 
(b)in respect of the inner surface thereof, be of a prescribed colour;
(c)not bear a mark or trade mark other than in accordance with subsections (3) and 
(4);
(d)not bear any decorative ridges, embossing or other embellishments;
(e)not contain an adhesive that is coloured or non-transparent;
(f)not contain any inserted items or affixed items other than as provided for by law.
(2)Paragraphs (a) and (c) of subsection (1) shall not apply to the following:
(a)health warnings;
(b)a  bar-code  or  other  similar  identification  mark  that  is  in  accordance  with  
regulations under subsection (5);
(c)such other items as are provided for by law.
(3)Subject to subsection (4), the following may be printed on a unit packet of tobacco  
products other than cigarettes and roll-your-own tobacco:
(a)a brand name or business name or company name, and
(b)a variant name for the tobacco product concerned.
(4)A name referred to in subsection (3) shall be printed in accordance with regulations  
under subsection (9) and may be printed—
(a)where the packet is cuboid in shape —
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35(i)once on the front outer surface of the packet,
(ii)once on the top outer surface of a cuboid packet, and 
(iii)once on the bottom outer surface of a cuboid packet, 
or
(b)where the packet is other than cuboid in shape, twice on the outer surface of the  
packet but not more than once on any one surface,
provided that the name does not obscure or interfere with health warnings on the  
packet.
(5)A bar-code or similar identification mark may be printed once on a unit packet of  
tobacco products other than cigarettes or roll-your-own tobacco in such form and  
manner  as  may be  prescribed  by the  Minister,  including  the  colour,  dimensions,  
specifications and positioning of the bar-code, provided that the bar-code or mark  
does  not  convey  any  information  to  the  consumer  (including  any  information  
conveyed by means of electronic communication).
(6)Subsections (1) to (5) shall apply with all necessary modifications to any other form  
of outside packaging of tobacco products other than cigarettes and roll-your-own  
tobacco.
(7)A wrapper that covers a unit packet or any other form of outside packaging of tobacco  
products other than cigarettes and roll-your-own tobacco shall —
(a)be transparent;
(b)not be coloured;
(c)not have any decorative ridges, embossing or other embellishments;
(d)not bear a mark or trade mark other than a tear-strip that is in accordance with  
regulations under subsection (8);
(e)not have any affixed item, other than as prescribed by law.
(8)The Minister may prescribe the manner in which a tear-strip may be printed on a  
wrapper under  subsection  (7)(d), including the  colour, dimensions, specifications,  
and positioning of a tear-strip on the wrapper.
(9)The Minister may prescribe the manner in which a name under subsection (3) may be 
printed on a unit packet or any other form of outside packaging of tobacco products  
other than cigarettes and roll-your-own tobacco, including the colour, font type, font  
size, positioning and appearance of such a name.
(10)In prescribing matters referred to in  subsection  (1)(a) or (b) or  subsection  (9), the 
Minister shall have regard to —
(a)the need to decrease the appeal of tobacco products other than cigarettes and roll-
your-own tobacco,
(b)the need to increase the effectiveness of health warnings on retail packaging of  
tobacco products other than cigarettes and roll-your-own tobacco,
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35(c)the need to reduce the ability of retail packaging of tobacco products other than  
cigarettes and roll-your-own tobacco to mislead  consumers in relation to the  
harmful effects of smoking.
Linings of tobacco products
11.Where a unit packet of cigarettes, roll-your-own tobacco or any other tobacco product  
contains a lining, the lining shall be of such colour and material as may be prescribed.
Tar, nicotine and carbon monoxide yields
12.(1)The tar, nicotine and carbon monoxide content of a tobacco product shall not be  
printed on a unit packet or any other form of retail packaging of a tobacco product.
(2)In this section “tobacco product” includes a tobacco product intended to be placed on  
the market.
Presentation of tobacco products
13.(1)A tobacco product, any retail packaging of a tobacco product, including any brand  
name, business name or company name printed thereon,  or any bar-code or similar  
identification mark printed on the outside packaging of a tobacco product  shall not—
(a)promote  a  tobacco  product  or  encourage  its  consumption  by  containing  
information or statements that create an erroneous impression in relation to the  
characteristics, health effects, hazards or emissions of the tobacco product,
(b)contain information or statements that suggest a tobacco product is less harmful  
than other tobacco products or that it reduces the effect of some of the harmful  
components of smoke,
(c)contain  information  or  statements  that  suggest  that  a  tobacco  product  has  a  
vitalising, energetic, healing, rejuvenating, natural or organic properties, or that it  
has lifestyle benefits,
(d)make any reference to the taste, smell, flavouring of the tobacco product or other  
additives contained in the product or the absence thereof,
(e)contain any element or feature that resembles a food or a cosmetic product,
(f)suggest  that  the  tobacco  product  has  improved  biodegradability  or  other  
environmental advantages.
(2)It shall be an offence for a person to manufacture, import or sell tobacco products in  
relation to which there is a contravention of this section.
(3)In this section “tobacco product” includes a tobacco product intended to be placed on  
the market.
Features of retail packaging of tobacco products
14.Any retail packaging of a tobacco product or any bar-code or similar identification mark  
printed on the outside packaging of a tobacco product  shall not—
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35(a)contain any audio effects or scents that have the effect of promoting the tobacco  
product, or
(b)contain any features designed to alter the retail packaging after sale by retail,  
including the following: 
(i)heat-activated inks;
(ii)inks designed to appear gradually over time;
(iii)inks that appear fluorescent in certain light; 
(iv)panels designed to be scratched or rubbed to reveal an image;
(v)removable tabs;
(vi)fold-out panels.
PART 3
OFFENCES, PROCEEDINGS AND PENALTIES
Offences in relation to retail packaging
15.(1)It shall be an offence for a person to package tobacco products with retail packaging  
in relation to which there is a contravention of section 7, 9, 10, 11, 12, 13 or 14.
(2)It shall be an offence for a person to manufacture retail packaging of tobacco products  
in relation to which there is a contravention of section 7, 9, 10, 11, 12, 13 or 14.
(3)It shall  be  an  offence  for  a person  to  import  or  sell  tobacco  products  the  retail  
packaging of which contravenes section 7, 9, 10, 11, 12, 13 or 14.
(4)In proceedings for an offence under this Act, it shall be a defence for a person against  
whom such proceedings are brought to show that he or she made all reasonable efforts  
to  ensure compliance with such provisions of this Act as are alleged to have been  
contravened.
Penalties
16.(1)A person who is guilty of an offence under this Act —
(a)shall be liable, on summary conviction —
(i)in the case of a first offence, to a class B fine or to imprisonment for a term  
not exceeding 6 months, or to both,
(ii)in the case of any subsequent offence, to a class A fine or to imprisonment  
for a term not exceeding 12 months, or to both, 
or
(b)shall be liable, on conviction on indictment, to a fine or to imprisonment for a  
term not exceeding 8 years, or to both.
(2)Unless it is satisfied that there are special and substantial reasons for not so doing, the  
court shall, where the person is convicted of an offence, order a person to pay to the  
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35prosecution  the  costs  and  expenses,  measured  by  the  court,  incurred  by  the  
prosecution in relation to the prosecution of the offence.
Offences by bodies corporate
17.(1)Where an offence under this Act is committed by a body corporate and it is proved  
that the offence was committed with consent or connivance, or was attributable to any  
wilful neglect of a person who was a director, manager, secretary or other officer of  
the body corporate, or a person purporting to act in that capacity, that person, as well  
as the body corporate, shall be guilty of an offence and may be proceeded against and  
punished as if he or she were guilty of the first-mentioned offence.
(2)Where the affairs of a body corporate are managed by its members,  subsection  (1) 
applies to the acts and defaults of a member in connection with his or her functions of  
management as if he or she were a director or manager of the body corporate.
Proceedings
18.Summary proceedings for an offence under this Act may be brought and prosecuted by  
the Health Service Executive.
Evidence in proceedings for an offence
19.(1)In proceedings for an offence under this Act, a tobacco product, or packaging of a  
tobacco product, that purports to bear the name of the importer of that product, shall,  
unless the contrary is proved, be evidence that the tobacco product was imported by  
the person concerned.
(2)In proceedings for an offence under this Act, a tobacco product, or retail packaging of  
a tobacco product, that purports to bear the name of the manufacturer of that product,  
shall, unless the contrary is proved, be evidence that —
(a)the tobacco product was manufactured by the person concerned,
(b)the retail packaging of the tobacco product was manufactured by the person  
concerned, or
(c)that the person concerned packaged the tobacco product with retail packaging,
as the case may be.
(3)In proceedings for an offence under this Act, a tobacco product, or retail packaging of  
a tobacco product, that bears a trade mark shall, unless the contrary is proved, be  
evidence  that  the  product  or  the  retail  packaging,  as  the  case  may  be,  was  
manufactured by the person who at the time of the alleged commission of the offence  
owned that trade mark.
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30PART 4
MISCELLANEOUS
Amendment of section 5A of the Act of 2002
20.Section 5A (inserted by section 3 of the  Public Health (Tobacco) (Amendment)  Act 
2009) of the Public Health (Tobacco) Act 2002  is amended—
(a)in  subsection  (1),  by  inserting  “or  an  offence  under  the  Public  Health 
(Standardised Packaging of Tobacco) Act 2014 ” after “an offence under this  
Act”,
(b)in  subsection  (2),  by  inserting  “or  an  offence  under  the  Public  Health 
(Standardised Packaging of Tobacco) Act 2014 ” after “an offence under this  
Act”, and
(c)in  subsection  (3),  by  inserting  “or  an  offence  under  the  Public  Health 
(Standardised Packaging of Tobacco) Act 2014 ” after “an offence under this  
Act”.
Amendment of section 37 of the Act of 2002
21.Section 37 of the  Public Health (Tobacco) Act 2002  is amended in subsection (9) by  
inserting “or under the  Public Health (Standardised Packaging of Tobacco) Act 2014 ” 
after “an offence under this Act”.
Amendment of section 48 of the Act of 2002
22.The Act of 2002 is amended by substituting the following section for section 48:
“48.(1)The Health Service Executive shall appoint such one or more persons,  
as it considers appropriate, to be an authorised officer or authorised  
officers  for  the  purposes  of  this  Act  and  the  Public  Health 
(Standardised Packaging of Tobacco) Act 2014 (“Act of 2014”).
(2)A person appointed to be an authorised officer under this section shall,  
on  his  or  her  appointment,  be  furnished  by  the  Health  Service  
Executive  with  a  warrant  of  his  or  her  appointment,  and  when  
exercising a power conferred by this Act shall, if  requested by any 
person  thereby  affected,  produce  such  warrant  to  that  person  for 
inspection.
(3)An  appointment  under  this  section  as  an  authorised  officer  shall  
cease—
(a)if the Health Service Executive revokes the appointment,
(b)if the appointment is for a fixed period, on expiry of that period,  
or
(c)in the case of a person who is a member of staff of the Health  
Service Executive, if he or she ceases to be a member of staff.
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35(4)For  the  purposes of  this  Act and the  Public  Health (Standardised  
Packaging of Tobacco) Act 2014 , an authorised officer may —
(a)subject  to  subsection  (6),  enter  (if  necessary  by  the  use  of  
reasonable force), at all reasonable times, any premises at which he  
or she has reasonable grounds for believing that —
(i)any trade, business or activity connected with the manufacture,  
processing, disposal, export, import, distribution, sale, storage,  
packaging, labelling or retail packaging of a tobacco product is  
or has been carried on, or
(ii)books, records or other documents (including documents stored  
in non-legible form) relating to such trade, business or activity  
are kept,
(b)at all reasonable times enter (if necessary by the use of reasonable  
force) any specified place,
(c)at  such  premises  inspect  and  take  copies  of,  any  labels,  retail  
packaging of tobacco products, books, records, other documents  
(including  documents  stored  in  non-legible  form)  or  extracts  
therefrom,  which  he  or  she  finds  in  the  course  of  his  or  her  
inspection,
(d)remove  any  such  labels,  retail  packaging,  books,  records  or  
documents from such premises and detain them for such period as  
he or she reasonably considers to be necessary for the purposes of  
his or her functions under this Act or the Act of 2014,
(e)carry out, or have carried out, such examinations, tests, inspections  
and checks of—
(i)the premises,
(ii)any tobacco product, retail packaging of tobacco products or  
any article or substance used in the manufacture, processing,  
labelling, retail packaging or storage of tobacco products, at the  
premises, or
(iii)any equipment, machinery or plant at the premises, as he or she  
reasonably considers to be necessary for the purposes of his or  
her functions under this Act or the Act of 2014,
(f)require any person at the premises or the owner or person in charge  
of the premises and any person employed there to give to him or  
her such assistance and information and to produce to him or her  
such labels, retail packaging of tobacco products, tobacco products,  
books, documents or other records (and in the case of documents or  
records stored in non-legible form, produce to him or her a legible  
reproduction  thereof)  that  are  in  that  person's  power  or  
procurement, as he or she may reasonably require for the purposes  
of his or her functions under this Act or the Act of 2014,
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40(g)take samples of any tobacco product, retail packaging of tobacco  
products  or  any  article  or  substance  used  in  the  manufacture,  
processing,  labelling,  retail  packaging  or  storage  of  tobacco  
products found at the premises for the purposes of analysis and  
examination,
(h)direct that such tobacco products or retail packaging of tobacco  
products  found  at  the  premises  as  he  or  she,  upon  reasonable  
grounds, believes contravene a provision of this Act or the Public 
Health (Standardised Packaging of Tobacco) Act 2014  not be sold 
or  distributed  or  moved  from the  premises,  without  his  or  her  
consent,
(i)secure for later inspection any premises or part of any premises in  
which  a  tobacco  product,  retail  packaging of  tobacco  products,  
substance or article used in the manufacture, processing, labelling,  
retail  packaging  or  storage  of  tobacco  products  is  found  or  
ordinarily  kept,  or  records,  labels,  retail  packaging  of  tobacco  
products,  tobacco  products  books  or  documents  are  found  or  
ordinarily kept, for such period as may reasonably be necessary for  
the purposes of his or her functions under this Act  or the Act of 
2014, or
(j)take possession of and remove from the premises for examination  
and  analysis  any  tobacco  product,  retail  packaging  of  tobacco  
products  or  any  substance  or  article  used  in  the  manufacture,  
processing,  labelling,  retail  packaging  or  storage  of  tobacco  
products found there, and detain them for such period as he or she  
considers  reasonably  necessary  for  the  purposes  of  his  or  her  
functions under this Act or the Act of 2014.
(5)When performing a function under this Act, an authorised officer may,  
subject to any warrant under subsection (7), be accompanied by such  
number  of  authorised  officers,  members  of  the  Garda  Síochána  or  
officers  of  the  Revenue  Commissioners  as  he  or  she  considers  
appropriate.
(6)An authorised officer shall not enter a dwelling, other than —
(a)with the consent of the occupier, or
(b)in accordance with a warrant issued under  subsection (7).
(7)Upon the application of an authorised officer, a judge of the District  
Court may, if satisfied that there are reasonable grounds for believing  
that—
(a)a tobacco  product,  retail  packaging  of  tobacco  products  or  any  
substance or article used in the manufacture, processing, labelling,  
retail packaging or storage of a tobacco product is to be found in  
any dwelling or premises, or is being or has been subjected to any  
process or stored in any dwelling or premises,
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40(b)labels, books, records or other documents (including documents  
stored in non-legible form) referred to in  subsection (4)(a)(ii) are 
being stored or kept in any dwelling or premises, or
(c)a  dwelling  is  occupied  in  whole  or  in  part  by an  undertaking  
engaged in any trade, business or activity referred to in subsection 
(4)(a)(i),
issue a warrant authorising a named authorised officer accompanied by  
such  other  authorised  officers, members  of  the  Garda  Síochána  or  
officers of the Revenue Commissioners as may be necessary, at any  
time or times, within one month of the date of issue of the warrant, to  
enter the dwelling or premises (as the case may be) and perform the  
functions of an authorised officer under  paragraphs (c), (d), (e), (f),  
(g), (h), (i) and (j) of subsection (4).
(8)Any person who obstructs or interferes with an authorised officer, a  
member  of  the  Garda  Síochána  or  officers  of  the  Revenue  
Commissioners in the course of exercising a power conferred on him  
or her by this Act or a warrant under  subsection (7) or impedes the 
exercise by the officer or member, as the case may be, of such power  
or fails or refuses to comply with a request or requirement of, or to  
answer a question asked by, the officer or member pursuant to this  
section, or in purported compliance with such request or requirement  
or  in  answer  to  such  question  gives  information  to  the  officer  or  
member that he or she knows to be false or misleading in any material  
respect, shall be guilty of an offence.
(9)Where an authorised officer, upon reasonable grounds, believes that a  
person has committed an offence under this Act or under the  Public 
Health (Standardised Packaging of Tobacco) Act 2014 , he or she may 
require that person to provide him or her with his or her name and the  
address at which he or she ordinarily resides and, if the authorised  
officer thinks it necessary, to produce corroborative evidence of his or  
her name and address.
(10)Where an authorised officer has —
(a)directed  that  tobacco  products  or  retail  packaging  of  tobacco  
products not be sold, distributed or moved, pursuant to  subsection 
(4)(h), or
(b)taken  possession  of  and  removed any tobacco  product  or retail  
packaging of tobacco products pursuant to subsection (4)(j),
he or she may apply to the District Court for an order that any such  
tobacco product or retail packaging be destroyed, and the judge of the  
District Court may grant such an order if he or she is satisfied that  
such product or retail packaging contravenes a provision of this Act or  
the Public Health (Standardised Packaging of Tobacco) Act 2014 .
(11)A statement or admission made by a person pursuant to a requirement  
under  subsection  (4)(f) shall  not  be  admissible  as  evidence  in  
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40proceedings brought against that person for an offence (other than an  
offence under subsection (8)).
(12)A person who falsely represents himself or herself to be an authorised  
officer shall be guilty of an offence.
(13)The costs (including ancillary costs) of any possession, detention or  
destruction  carried  out  by  the  Health  Service  Executive  under  
subsections (4) and (10) shall be recoverable as a simple contract debt  
in any court of competent jurisdiction from a person convicted of an  
offence under this Act or the Act of 2014.
(14)In this section—
“premises” means any place, ship or other vessel, aircraft, railway  
wagon or other vehicle, and includes a container used to transport  
tobacco products or retail packaging of tobacco products or any article  
or substance used in the manufacture, processing or storage of tobacco  
products or retail packaging of tobacco products;
“record” includes, in addition to a record in writing —
(a)a  disc,  tape,  sound-track  or  other  device  in  which  information,  
sounds or signals are embodied so as to be capable (with or without  
the aid of some other instrument) of being reproduced in legible or  
audible form,
(b)a film, tape or other device in which visual images are embodied so  
as to be capable (with or without the aid of some other instrument)  
of being reproduced in visual form, and
(c)a photograph,
and any reference to a copy of a record includes —
(i)in the case of a record to which paragraph (a) applies, a transcript 
of the sounds or signals embodied therein,
(ii)in  the  case  of  a  record  to  which  paragraph  (b) applies,  a  still 
reproduction of the images embodied therein, and
(iii)in the case of a record to which paragraphs (a) and (b) apply, such a 
transcript together with such a still reproduction.
“retail packaging” has the same meaning as it has in section 2 of the 
Public Health (Standardised Packaging of Tobacco) Act 2014 ;
“tobacco product” includes a tobacco product within the meaning of  
section  2 of the Public Health (Standardised Packaging of Tobacco)  
Act 2014.”.
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35An Bille Sláinte Poiblí (Pacáistiú  
Caighdeánaithe Tobac), 2014
                       
BILLE
(mar a tionscnaíodh)
dá ngairtear
Acht  do  dhéanamh  socrú  maidir  le  pacáistiú  
caighdeánaithe  tobac  agus  táirgí  tobac;  do  
thabhairt éifeacht pháirteach do Threoir Uimh.  
2014/40/AE an 3 Aibreán 2014 ó Pharlaimint na  
hEorpa  agus  ón  gComhairle  maidir  le  
comhfhogasú dhlíthe, rialacháin agus fhorálacha  
riaracháin  na  mBallstát  a  bhaineann  le  tobac  
agus táirgí gaolmhara a mhonarú, a thíolacadh  
agus  a  dhíol  agus  lena  n-aisghairtear  Treoir  
2001/37/CE; agus do dhéanamh socrú i dtaobh  
nithe gaolmhara.
An Seanadóir Muiris Ó Cuimín a thíolaic thar ceann  
an tAire Sláinte,
11 Meitheamh,  2014Public Health (Standardised Packaging of  
Tobacco) Bill 2014
 
BILL
(as initiated)
entitled
An  Act  to  provide  for  standardised  packaging  of  
tobacco and tobacco products; to give effect in  
part  to  Directive  No.  2014/40/EU  of  the  
European Parliament and of the Council of 3  
April 2014 on the approximation of the laws,  
regulations and administrative provisions of the  
Member  States  concerning  the  manufacture,  
presentation  and  sale  of  tobacco  and  related  
products  and  repealing  Directive  2001/37/EC;  
and to provide for related matters.
Presented by Senator Maurice Cummins on behalf  
of the Minister for Health,
11th June,  2014
BAILE ÁTHA CLIATH
ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR
Le ceannach  díreach ó
FOILSEACHÁIN RIALTAIS,
52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2.
(Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843)
no tri aon díoltóir leabhar.
——————
DUBLIN
PUBLISHED BY THE STATIONERY OFFICE 
To be purchased from
GOVERNMENT PUBLICATIONS,
52 ST. STEPHEN’S GREEN, DUBLIN 2.
(Tel: 01 - 6476834 or 1890 213434; Fax: 01 - 6476843)
or through any bookseller.
€3.05
Wt. 67160. 616. 6/14. Clondalkin. (45218). Gr.30-15.