Tobacco Control
Dissolution of Office
The Public Health Tobacco Act 2002 established the Office of Tobacco Control. This office was dissolved and merged into the Health Services Executive by the 2010 legislation.
The Office of Tobacco Control is established in 2002 to implement government tobacco control policy as outlined in the 1999 Joint Oireachtas Committee report. Its function was to advise the Department of Health and implement policies and objectives in relation to the control and regulation of tobacco products.
The Public Health Tobacco Amendment Act 2010 provided for the dissolution of the Office of Tobacco Control. Its functions were transferred to the HSE as of 1, January 2011 as part of cost-saving measures in the context of budgetary adjustments. Its assets and liabilities were transferred to the HSE. When the accounts are to be prepared and the office was to be wind up.
A 2010 Act provides for the dissolution of the Office of Tobacco Control and the transfer of its functions, members of staff, assets and liabilities to the Health Service Executive from 1 January 2011. It also provides for the preparation of final accounts and reports for the Office and the transfer of contracts and pending legal proceedings to the Executive.
References to the Office in any act is to be construed as references to the Health Service Executive and for the completion by the Health Service Executive of any function commenced by the Office prior to dissolution.
Sale of Tobacco
The sale of tobacco is permissible only from registered premises. All tobacco selling premises must register.  A register of tobacco retailers is held. The sale of tobacco is permissible only from the registered premises.
This is interpreted to prohibit the sale of domestic products over the Internet, as they are not from premises. Remote access premises of this nature cannot be registered.
There is an exemption to the advertising ban inside at the point of sale for retail businesses that either solely sell tobacco products or in part sell tobacco products but do not sell cigarettes. Pictorial listing, including visual images of tobacco packages at duty-free shops, is permitted.
When a person is removed from the register of tobacco, there are periods during which he is ineligible to reapply. It is an offence to sell tobacco from unregistered retail premises.
Products and Nicotine Inhaling Products
The purpose of the Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023 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.
The 2023 Act applies to the sale by retail of tobacco and nicotine inhaling products.It also applies to the remote sale of tobacco products or nicotine inhaling products.
The 2023 Act amends 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.
Self-Service & Point of Sale
Tobacco products at the point of sale must be kept in a closed container that is not visible to the public. Retailers may show a customer one packet only of each tobacco product or display a pictorial list of products.
The advertising of tobacco products on premises where the business of selling tobacco products by retail is carried on is prohibited. The breach is an offence, and the occupier, manager, and controller are liable.
Tobacco products at the point of sale must be kept in a closed container that is not visible or accessible to the public. Regulations in 2009 allow a retailer to show only one packet of each tobacco product sold or display a pictorial list of each product sold.
Self-Service
Vending machines in licensed clubs and premises were regulated. They were required to be in areas of the premises generally attended to within sight of staff members. Where they are activated by a mechanism provided by staff, the person must verify that the customer is at least 18 years of age.
The sale of tobacco products by means of self-service is prohibited by the 2023 Act. The Public Health (Tobacco) (Retail Sign) Regulations 2009 is to be replaced with updated references to the register of licences being introduced by the 2023 Act.
The penalty for the sale by self-service of tobacco products is aligned with the penalty for the sale of nicotine-inhaling products and provides a penalty for failure to comply with a compliance notice were revoked as sale through self-service vending machines is being prohibited.
Licence for Sale
There is a register of licences to be established and maintained by the HSE. Licensees are obliged to notify HSE of changes in information.
The retail register becomes the register of licences under the 2023 Act. It is an offence an offence to sell retail tobacco products or nicotine-inhaling products without a licence. It is an offence to sell retail of nicotine inhaling products by means of self-service.
The application for a licence is in the prescribed form and prescribed manner for tobacco products, nicotine-inhaling products, or tobacco products and nicotine-inhaling products. The application is determined by the HSE,. The grounds of refusal are set out.
There is provision for
- the issue of a licence by the HSE.
- the duration of a licence.
- the renewal and grounds for refusal of a licence by the HSE.
There is an appeal to the District Court against the refusal of a licence by the HSE. There is an annual fee for the issue, renewal or copy of a licence.
There is a provision for revocation of a licence by the HSE. Representations may be made to the HSE where there is a proposal to revoke a licence. There is an appeal to the District Court against the revocation of a licence by the HSE. There is a duty on the licensee to display a licence.
Children
There is 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.
There is a prohibition on the sale of tobacco or nicotine products to a child. There is a prohibition of the sale of tobacco or nicotine products at events aimed at children.
Tobacco Advertising
Tobacco advertising is very tightly regulated. Tobacco advertising on TV and radio is prohibited. The  Broadcasting Authority of Ireland, General Commercial Communications Code prohibits all commercial communications in relation to cigarettes and tobacco on broadcasts in Ireland. This covers advertising, sponsorship, teleshopping and product placement. EU Directive in 2010 prohibits commercial communication for cigarettes and tobacco products on audio-visual media services.
EU Directive 2003, as implemented in the 2004 legislation, prohibits tobacco advertising in domestic printed media, except trade publications. Also prohibited is tobacco advertising in domestic printed media, including pamphlets, leaflets, flyers, posters, and signs. There is an exemption for domestic media or point of sale for shops that sell only tobacco products or other retail shops, that sell tobacco products but not cigarettes.
The EU directive prohibits advertising in information society services. This covers internet services. It applies advertising in information society services originating in or intended for distribution in the EU state. Internet sales are prohibited from providers based in the EU.
Tobacco advertising is prohibited in publications, printed, published or primarily intended for sale or distribution in the EU. Publications printed and published outside the EU and intended for distribution outside the EU are permitted.
Outdoor advertising, such as billboards and posters, is prohibited. Tobacco advertisement by conventional mail, telephone and mobile phone is prohibited. Advertising is prohibited at the point of sale. This includes every form of recommendation of tobacco products to the public.
Prohibited Marketing
The legislation does not specifically prohibit brand marketing or use of distinctive words, images, logos, sounds or colours to promote tobacco in entertainment venues, retail advertisements and equipment.
2003 regulations prohibited the use of text, names, brands, trademarks, or other designs on tobacco product packaging, suggesting that a particular tobacco product is less harmful than others. The sale of sweets that resemble tobacco products is prohibited.
The Broadcast Authority of Ireland Code prohibits commercial communications, which include product placement concerning cigarettes and tobacco in broadcast media. The codes make similar provisions in respect of audio-visual media services.
There is a prohibition on 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.
There is a prohibition on 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.
The free distribution of tobacco products to the public is prohibited. The Supply of commercial and gifts, token, trading stamps, coupons or other things in relation to or  taken as consideration for the purchase of a tobacco product is prohibited.
The giving of financial consideration or other assistance in exchange for the association of an event with a tobacco product manufacturer, brand name, trademark or other logo is prohibited. Direct person to person marketing is prohibited.
Any financial or other contribution in exchange for the promotion, association with or display of a tobacco product name, trademark, image or logo is prohibited.
Regulation of Tobacco Promotion
Regulations may provide that a person selling tobacco products may show a member  of the public concerned one packet only or a pictorial list consisting of images of packets, provided that no such image is greater than the size of the packet concerned, that the list does not contain more than one image of the same product and the list or each image contains a warning in a form as may be prescribed.
The Public Health Tobacco (Amendment) Act 2011 allows the Minister to make regulations to introduce combined text and photo warnings on tobacco products.
The Public Health Tobacco Amendment Act 2013 repealed certain provisions of the Tobacco Products (Control of Advertising Sponsorship and Sales Promotion) Act by 1978 and the  Public Health Tobacco Act 2002 in respect of activities which are likely to promote the sale of tobacco products.
The Minister is given power to make regulations in respect of activities which are intended or are likely to promote the sale of tobacco products. They may include in particular
- prohibition of sale of any tobacco products at a reduced price to a person on the purchase by that person of any other tobacco product or any other product or service
- prohibition of making available any tobacco product to a person free of charge on the purchase by that person of any tobacco product or other product.
- prohibition on the promotion of any tobacco product to a person at a reduced price or free of charge by the purchase of other tobacco product or other product.
- the prohibition on the sale, making available or promotion of any tobacco product to a person at a reduced price or free of charge for a limited time or period.