Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (No. 2) Regulations, 1986.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (No. 2) Regulations, 1986.
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paragraphs: (1) These Regulations, save articles 1 and 4, shall come into operation on the 1st day of December, 1986.
(2) Articles 1 and 4 of these Regulations shall come into operation on the 9th day of May, 1986.
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paragraphs: The Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations, 1979 [ S.I. No. 350 of 1979 ] are hereby revoked.
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paragraphs: The Tobacco Products Regulations (Control of Advertising, Sponsorship and Sales Promotion) Regulations, 1986 [ S.I. No. 7 of 1986 ] are hereby revoked.
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paragraphs: In these Regulations—
"the Act" means the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act, 1978 ;
"the Minister" means the Minister for Health;
"cigarettes" include hand rolling tobacco;
"package" includes any packet, container, wrapper or other form of packaging;
"public road" has the meaning assigned to it in the Road Traffic Act, 1961 [No. 24 of 1961].
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paragraphs: These Regulations may be enforced by officers of the Minister and by officers of health boards established under the Health Act, 1970 (No. 1 of 1970).
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paragraphs: A person engaged in the importation, manufacture, sale, advertising, sponsorship, promotion or distribution of tobacco products shall furnish to the Minister such information as the Minister considers necessary for the enforcement of these Regulations, and such information shall include the provision of information on expenditure, on advertising and on sponsorship.
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paragraphs: (1) Nothing in these Regulations shall operate to restrict or prohibit the importation for sale of any newspaper, magazine or publication containing an advertisement for a tobacco product where—
(i) the advertisement for the tobacco product conforms generally with the intent of the requirements of these Regulations, and, where the country of publication so requires it, contains a statement indicating the risk associated with the use of tobacco products to the health of persons, or
(ii) the advertisement will not significantly increase the consumption of tobacco products in the State.
(2) Where the Minister determines that an advertisement for a tobacco product does not conform with the requirements of sub-article (1) of this article, he may restrict or prohibit the importation for sale of the newspaper, magazine, or publication containing the advertisement.
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paragraphs: (1) Following the publication of the appropriate notice referred to in sub-article (3) of this article a person shall not accept an advertisement for a tobacco product for display or publication from a person whose expenditure upon advertising of tobacco products has not been approved by the Minister in accordance with the provisions of article 21 of these Regulations.
(2) Following the publication of the appropriate notice referred to in sub-article (3) of this article a person shall not accept any sponsorship as defined in the Act, from a person whose expenditure upon sponsorship has not been approved by the Minister in accordance with the provisions of article 23 of these Regulations.
(3) The Minister shall on an appropriate day in the month of December, 1986, and in the month of December in each subsequent year cause a notice to be published in Iris OifigiÃºil and in two or more daily newspapers containing a list of persons whose expenditure upon advertising of tobacco products has been approved in pursuance of the provisions of article 21 of these Regulations and of persons whose expenditure on sponsorship has been approved in accordance with the provisions of article 23 of these Regulations.
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paragraphs: The provisions of these Regulations shall not apply to—
(a) advertisements directed solely to the tobacco trade and which do not reach the public, and
(b) the sale and advertising of tobacco products in duty-free zones at airports and on board aircraft and ships.
PART II. ADVERTISING AND PROMOTION OF TOBACCO PRODUCTS AND LABELLING OF PACKAGES.
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paragraphs: (1)A person shall not advertise tobacco products save in accordance with this part of these Regulations.
(2) Subject to the provisions of sub-article (3) of this article and of articles 12, 13, 14, 15 and 17 tobacco products may be advertised only in the following manners:—
(a) in newspapers, magazines or other similar publications, other than comics, comic supplements or any other publications directed primarily to persons under the age of eighteen years;
(b) internally in premises which are points of retail sale of tobacco products, provided that such advertising is not by means of visual electronic media or, subject to the provisions of sub-article (3)(l) of this article, by sound above 60 decibels;
(c) subject to the provisions of sub-article (3)(2) of this article, externally at premises which are points of retail sale of tobacco products, by means of fascia signs, fixed window advertisements and hanging box signs, where such types of signs and advertisements for tobacco products were displayed at such premises on the 31st day of October, 1979, and where the size of the signs and advertisements does not exceed the following dimensions:—
(i) 6 metres x 65 centimetres for fascia signs and for fixed window advertisements,
(ii) 90 centimetres x 70 centimetres x 30 centimetres for hanging box signs;
(d) subject to the provisions of sub-article (3)(2) of this article, externally at premises which are points of retail sale of tobacco products, by means of fixed enamel-plate advertisements where such advertisements were displayed at such premises on the 31st day of October, 1979;
(e) on packages of tobacco products.
(3) (1) After the 1st day of December, 1991, tobacco products shall not be advertised internally at premises which are points of retail sale of tobacco products by sound;
(2) After the 1st day of December, 1987, tobacco products shall not be advertised externally at premises which are points of retail sale of tobacco products.
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paragraphs: Advertisements of tobacco products referred to in sub-article 11 (2)(a), 11 (2)(b), 11(2)(c) and 11 (2)(d) shall not contain anything other than the following:—
(a) a brand name, brand emblem, corporate name and emblem,
(b) one single representation of the tobacco product and package, either opened or unopened.
(c) an indication of the place of manufacture, type, size, quantity and price,
(d) an approved statement as specified under article 15 except an advertisements referred to under sub-article 11(2)(c) and 11(2)(d), and
(a) a plain background consisting of one even colour.
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paragraphs: Advertisements of tobacco products shall not:—
(a) claim or imply that smoking is free from risk to health or that it is less harmful to smoke one brand of tobacco products than another,
(b) describe filters, additives, tobacco substitutes, other components of tobacco products or manufacturing processes so as to suggest that they render the product less harmful to health, or
(c) include or imply any personal testimonial for, or recommendation of, a tobacco product, or claim or imply directly, or indirectly, the recommendation of a particular brand by any group or class of people.
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paragraphs: Advertisements of tobacco products shall not contain:—
(A) any representation of the tobacco product during or after combustion, or
(B) any representation of smoke or any other tobacco by product.
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paragraphs: (1) Every advertisement of tobacco products referred to in sub-article 11(2)(a) and 11(2)(b) shall include a statement, in one of the forms prescribed in Part 1 of the Schedule to these Regulations, indicating the risk to health of persons associated with the use of tobacco products, which statement shall comply with the requirements set out in Part 3 and Part 4 of the Schedule to these Regulations.