Public Health (Tobacco) Acts 2009
The 1 July deadline has passed and purveyors of tobacco products now have three months to get on the tobacco register
25 February 2009
A tobacco purveyor not yet on the Tobacco Register does not have to display the offical government sign but can do so if they wish.
Once registered however, the sign must be displayed on the premises at all times. In relation to the official sign the following rules apply:
- A person registered with the OTC must display the prescribed sign at their premises
- Only one sign per premises will be permitted
- Attention shall not be drawn to the sign by means of light, sound or any other means
- No other sign, notice or display is permitted at the premises indicating that tobacco products are for sale, except for the purposes of the European
- Communities (Requirements to Indicate Product Prices) Regulations 2002 (S.I. No. 639 of 2002)
The prescribed sign is available to download from www.dohc.ie/tobacco or www.otc.ie. The downloaded sign must be printed on white paper or cardboard and conform to the dimensions, type-face colour, font and point size of the sign prescribed in the Regulations (S.I. No. 57 of 2009)
A person registered with the Office of Tobacco Control under Section 37 must ensure that all tobacco products are out of view and stored within a closed container or dispenser only accessible by the retailer and retail staff. Environmental Health Officers (EHOs) will accept temporary solutions as long as the retailer can provide evidence of having arranged for a permanent solution in the near future.
The location of the closed container or dispenser is a matter for the retailer. It is not required to be under the counter. However, no tobacco product materials or POS can be displayed on the container; selection decals/buttons for dispensing machines must not display tobacco product trademarks, emblems, marketing images or logos unless they are out of the view of the customer.
The registration number(s) issued by the OTC, must be affixed to the closed container(s) or dispenser(s) following registration.
Ban on point of sale advertising
This means that no tobacco related advertising is permitted on the premises, either internally or externally. This includes outdoor signage containing the word ‘Tobacconist’ or any other similar signage.
Retailers may show to a customer intending to purchase a tobacco product either one packet only of each tobacco product sold, or a reproduction thereof, or a pictorial list consisting of visual images of packets of the tobacco products sold, provided that each such image is not greater in size than the size of the packet concerned.
In general from 1 July 2009
1. No advertising or display of tobacco products will be permitted in a retail premises that sells tobacco products.
2. Retailers must ensure that their tobacco products are stored out of view, within a closed container or dispenser only accessible by the retailer and retail staff.
3. The retailer may use a pictorial list (in accordance with regulations) to inform a member of the public aged 18 years and older who intends to purchase a tobacco product as to the products that are available.
4. Retailers must display a sign at their premises informing the public that tobacco products may be sold at those premises to persons aged 18 years and over.
5. Self-service vending machines are prohibited except in licensed premises and registered clubs and must be operated in accordance with regulations.
6. All retailers of tobacco products must register with the Office of Tobacco Control (OTC).
A guidance document on the sales of tobacco products under the new provisions of the Public Health (Tobacco) Acts is available to download from the website of the Office of Tobacco Control at www.otc.ie.