Restricted Devices & Substances

Restricted Article

The Minister for Health may restrict the sale or importation of instruments, appliances or apparatus where their use by the public involves a risk of serious injury or injury to health part or of a substance which, when accessible to the general public, involves a risk of injury to health.

The Department may grant a registered medical practitioner a permit to import, manufacture, sell, or dispose of restricted articles, subject to conditions as may be specified. Subject to the terms or a permit, it is not lawful for a person to import, manufacture, sell or otherwise dispose of a restricted article.

It is not lawful to advertise a restricted article. It is an offence to contravene the provision or to breach the terms of a permit.

Powers of Investigation

Authorized officers of the health authorities have the power to undertake inspections and investigations. Where an authorized officer has reasonable grounds for believing that a person has contravened the legislation or regulations under it, he may require such a person to state his name and address. He may require evidence of the name and address concerned.

An authorized officer may make requirements under this provision only if he is in uniform or he produces the requisite written authority.

Enforcement

If a person fails or refuses to state his name and address in compliance with the requirement by an authorized officer or refuses to furnish corroborative information or where the authorized officer has reasonable grounds for believing the information to be false and misleading,  then the authorized officer may detain such person and bring him to the nearest Garda station. He may be detained for a maximum period of 24 hours until satisfied that it is the correct name and address.

It is an offence to fail or refuse to give the addressee’s name or address, give a false or misleading address, or resist detention.