Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023
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Interpretation | ||
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2. In this Act— | ||
“Act of 1997” means the Taxes Consolidation Act 1997 ; | ||
“Act of 2002” means the Public Health (Tobacco) Act 2002 ; | ||
“Act of 2015” means the Public Health (Standardised Packaging of Tobacco) Act 2015 ; | ||
“applicant” has the meaning assigned to it by section 11 ; | ||
“child” means a person who is under the age of 18 years; | ||
“electronic cigarette” has the same meaning as it has in Directive 2014/40/EU of the European Parliament and of the Council of 3 April 20141 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC; | ||
“Executive” means the Health Service Executive; | ||
“licence” means a licence issued in accordance with section 13 ; | ||
“licence number” means a number allocated to a licence by the Executive in accordance with section 13 ; | ||
“licensee” means a person to whom a licence is issued; | ||
“Minister” means the Minister for Health; | ||
“nicotine inhaling product” means— | ||
(a) an electronic cigarette, or | ||
(b) any other product consisting of— | ||
(i) a device (other than tobacco, cigarette paper or a device which is intended to enable the consumption of lit tobacco) which is intended to enable a relevant substance to be inhaled through a mouth piece (irrespective of whether the device would also enable any other substance to be so inhaled), | ||
(ii) a cartridge which— | ||
(I) may contain a relevant substance, and | ||
(II) is intended to form part of a device that falls within subparagraph (i), | ||
or | ||
(iii) a relevant substance which is intended to be used in a device that falls within subparagraph (i); | ||
“prescribe” means prescribe by regulations made by the Minister; | ||
“register” has the meaning assigned to it by section 23 ; | ||
“Regulations of 2016” means the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 ( S.I. No. 271 of 2016 ); | ||
“relevant officer” means in relation to a body corporate— | ||
(a) a person who exercises control (within the meaning of section 11 or 432 of the Act of 1997) in relation to the body, | ||
(b) a member (including the chairperson) of the body, or the board or board of directors of the body, or any other person acting in such capacity, or | ||
(c) the managing director or chief executive officer of the body, or any other person acting in such capacity; | ||
“relevant substance” means a substance which is not tobacco but which consists of, or contains, nicotine; | ||
“sale by retail” includes sale by retail online; | ||
“sell”, in relation to a tobacco product or a nicotine inhaling product, means sell by retail and includes— | ||
(a) offer or expose for sale, | ||
(b) invite the making by a person of an offer to purchase, | ||
(c) distribute free of charge, and | ||
(d) supply for any of these purposes (whether or not for profit); | ||
“tax clearance certificate” means a certificate under section 1095 of the Act of 1997; | ||
“tobacco control legislation” means— | ||
(a) this Act, | ||
(b) the Act of 2002, | ||
(c) the Act of 2015, and | ||
(d) the Regulations of 2016; | ||
“tobacco product” means a product (other than a medicinal product (within the meaning of the Irish Medicines Board Act 1995 ))— | ||
(a) that can be consumed and consists, even partly, of tobacco, whether genetically modified or not and includes a cigarette paper, tube or filter manufactured for use in the smoking of tobacco, and | ||
(b) that is intended for sale by retail in the State. | ||