S.I. No. 123 of 2009

PUBLIC HEALTH (TOBACCO) (PRODUCT INFORMATION) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 7th April, 2009.

I, MARY WALLACE, Minister of State at the Department of Health and Children, in exercise of the powers conferred on me by section 43(5) (inserted by section 14 of the Public Health (Tobacco) (Amendment) Act 2004 (No. 6 of 2004)) of the Public Health (Tobacco) Act 2002 (No. 6 of 2002), and the Health and Children (Delegation of Ministerial Functions) (No. 4) Order 2008 ( S.I. No. 482 of 2008 ), hereby make the following regulations:

1. These Regulations may be cited as the Public Health (Tobacco) (Product Information) Regulations 2009.

2. These Regulations come into operation on 1 July 2009.

3. A retailer may provide information relating to a tobacco product sold by him or her to a member of the public intending to purchase such a product by showing the member of the public concerned:

(a) one packet only of each tobacco product sold by him or her, or a reproduction thereof, or

(b) a pictorial list consisting of visual images of packets of the tobacco products sold by him or her, provided that-

(i) each such image is not greater in size than the size of the packet concerned,

(ii) the list does not contain more than one image of the same product, and

(iii) the list or each such image contains one of the warnings set out in column 2 of Part 1 of Schedule 1 to the European Communities (Manufacture, Presentation and Sale of Tobacco Products) Regulations 2003 ( S.I. No. 425 of 2003 ).

GIVEN under my hand,

2 April 2009

MARY WALLACE,

Minister of State at the Department of Health and Children.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations may be cited as the Public Health (Tobacco) (Product Information) Regulations 2009.

Section 43(5) (inserted by section 14 of the Public Health (Tobacco) (Amendment) Act 2004 (No. 6 of 2004)) of the Public Health (Tobacco) Act 2002 (No. 6 of 2002) provides for regulations to be made by the Minister with a view to assisting customers over 18 who enquire about what tobacco products a retailer has available for purchase. These Regulations set out the manner in which a retailer may make this information available.

The European Communities (Manufacture, Presentation and Sale of Tobacco Products) Regulations 2003 ( S.I. No. 425 of 2003 ) is amended by the European Communities (Manufacture, Presentation and Sale of Tobacco Products) Regulations 2008 ( S.I. No. 255 of 2008 ).