S.I. No. 35/2000 - Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (Amendment) Regulations, 2000

The Minister for Health and Children in exercise of the powers conferred on him by Section 2 of the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act, 1978 (No. 27 of 1978) as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 308 of 1997 ) hereby makes the following Regulations :-

1. (1) These Regulations may be cited as the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (Amendment) Regulations, 2000.

(2) These Regulations shall come into operation on the 9th day of February, 2000.

2. The Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations, 1991 ( S.I. No. 326 of 1991 ) are hereby amended by the substitution of the following for Article 17 thereof:

“17. A person shall not sell, cause to be sold or promote the sale of a tobacco product at a price which is so much lower than the price at which tobacco products of a similar type or character are at the material time being sold, that the sale, causing to be sold or promotion for sale at the lower price-

(a) constitutes in the opinion of the Minister a sales promotion device, and

(b) is carried out after such opinion of the Minister is communicated in writing to the person concerned”

EXPLANATORY NOTE

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

The effect of these Regulations is to prohibit the use of cut price offers and the use of price as a sales promotion device in selling tobacco products.