LANGUAGE
Last updated: September 17th 2019

Sales Restrictions

Sale of single cigarettes/sticks

Banned
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Analysis

The law prohibits the sale of cigarettes "by retail other than in a packet containing not less than 20 cigarettes." This is interpreted as prohibiting the sale of single cigarettes. 

The law aligns with FCTC Art. 16 in that the law prohibits the sale of single cigarettes.

Sale of tobacco products via vending machines

Some Restrictions
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Analysis

Section 14 of the Public Health (Tobacco) Act (PHA) 2004, amending Sec. 43 of PHA 2002, allows vending machines in licensed clubs or premises licensed for the sale of alcohol, as set forth in the regulations. The regulations allow vending machines in areas of premises generally attended by, and within sight of, staff members, and where the vending machine is activated by a disc or card provided by a staff member after verifying that the customer is at least 18 years of age.

To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16, the law should prohibit vending machine sales of tobacco products as such sales are an inherent form of tobacco advertising and promotion.

Sale of tobacco products via the internet

Some Restrictions
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Analysis

Section 8 of the Public Health (Tobacco) Act (PHA) 2004, amending Sec. 37 of PHA 2002, prohibits the sale of tobacco except in accordance with Sec. 37. Section 37 requires a domestic retail seller of tobacco products to register with the Health Service Executive. The European Union Regulations 2016 require cross-border retail sellers of tobacco products (those located in Ireland and targeting a market outside Ireland but within the EU, as well as those located outside Ireland and targeting a market within Ireland) to register with the Health Service Executive. In addition, operators of cross-border sales must "operate an age verification system, which verifies, at the time of the sale of the tobacco product, that the purchasing consumer has attained the age of 18 years" and provide a description of this system to the Health Service Executive. There are no other restrictions on internet tobacco product sales. 

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit internet tobacco product sales, regardless of age, as internet sales are an inherent form of advertising and promotion.

Sale of smokeless tobacco products

Some Restrictions
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Analysis


The law prohibits the sale of all tobacco for oral use. However, other types of smokeless tobacco products are permitted.

Sale of waterpipe tobacco products

Allowed
Analysis

The sale of waterpipe tobacco is permitted; however, it is subject to many of the same regulations as other tobacco products.

Location-based Sales Restrictions

Schools/educational facilities

Allowed
Analysis

The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in schools/educational facilities.

Playgrounds

Allowed
Analysis

The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products on playgrounds.

Stadiums/arenas

Allowed
Analysis

The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in stadiums/arenas.

Healthcare facilities

Allowed
Analysis

The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in healthcare facilities.

Cultural facilities

Allowed
Analysis

The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in cultural facilities.

Retail Package Size Restrictions

Minimum number of cigarette sticks per unit package

Yes
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Analysis

The law prohibits the sale of cigarettes by retail other than in a packet containing not less than 20 cigarettes.

The law aligns with FCTC Art. 16 with respect to the sale of small packets of cigarettes.

Minimum weight of smokeless tobacco product per unit pack

No
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Analysis

The law prohibits the sale of all smokeless tobacco for oral use. However, the law does not specify a minimum weight requirement for other types of smokeless tobacco products.

Minimum weight of roll-your-own tobacco per unit package

Yes
Analysis

The European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 require a unit package of roll-your-own tobacco to contain tobacco weighing not less than 30 grams.

Retail Licensing Requirements

Specific retail license required to sell tobacco products

Yes
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Analysis

Section 8 of the Public Health (Tobacco) Act (PHA) 2004, amending Sec. 37 of PHA 2002, prohibits the sale of tobacco except in accordance with Sec. 37. Section 37 requires a domestic retail seller of tobacco products to register with the Health Service Executive. The European Union Regulations 2016 require cross-border retail sellers of tobacco products (those located in Ireland and targeting a market outside Ireland but within the EU, as well as those located outside Ireland and targeting a market within Ireland) to register with the Health Service Executive.

The law aligns with FCTC Art. 15 in that the law requires retailers to obtain a license to sell tobacco products.