Public Health (Tobacco) (Amendment) Act 2009
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Exemptions from prohibition on advertising of tobacco products. |
4.— The Principal Act is amended by the substitution of the following section for section 35 (inserted by section 6 of the Act of 2004): | |
“35.— (1) The advertising of a tobacco product in a publication that is— | ||
(a) printed and published, and primarily intended for sale or distribution, in a state other than a Member State of the European Communities, or | ||
(b) directed solely at persons who carry on, in whole or in part, the business of selling or distributing tobacco products, | ||
is not prohibited. | ||
(2) Section 33A (inserted by section 6 of the Public Health (Tobacco) (Amendment) Act 2004 ) shall not apply to the advertising of a tobacco product in premises specified in a certificate under subsection (2) of section 44. | ||
(3) (a) Section 33A shall not apply to the display in duty free premises situated in an airport of a pictorial list consisting of visual images of packets of the tobacco products on sale at those premises, 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 a warning in such form and of such a type as is specified 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 ). | ||
(b) In this subsection ‘ duty free premises ’ means a tax warehouse within the meaning of Chapter 1 of Part 2 of the Finance Act 2001 in which tobacco products are sold by retail. | ||
(4) Regulation 8 of the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations 1991 ( S.I. No. 326 of 1991 ) is amended by the deletion of subparagraph (c) of paragraph (2).”. |