Last updated: December 15, 2020
Penalties
Manufacturer
(e.g., seizure of the product, publication of the violation/violator)
The Public Health (Tobacco) Act 2002, Section 10(1)(j), imposed a duty to enforce upon the Office of Tobacco Control (OTC); however, the OTC was dissolved and replaced by the Health Service Executive by the Public Health (Tobacco) Act 2010.
It is an offense to manufacture, import, or place on the market a tobacco product that does not bear the required warning. For a first offense, any person who violates the Regulations is subject to a Class B fine or up to six months in prison, or both. For a repeat offense, a violator is subject to a Class A fine or up to 12 months in prison, or both.
These provisions align with FCTC Art. 11 and the FCTC Art. 11 guidelines in that they provide for a range of penalties and higher penalties for repeat violations. To more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the drafters of the law should consider additional penalties such as license suspension or revocation.
Importer
(e.g., seizure of the product, publication of the violation/violator)
The Public Health (Tobacco) Act 2002, Section 10(1)(j), imposed a duty to enforce upon the Office of Tobacco Control (OTC); however, the OTC was dissolved and replaced by the Health Service Executive by the Public Health (Tobacco) Act 2010.
It is an offense to manufacture, import, or place on the market a tobacco product that does not bear the required warning. For a first offense, any person who violates the Regulations is subject to a Class B fine or up to six months in prison, or both. For a repeat offense, a violator is subject to a Class A fine or up to 12 months in prison, or both.
These provisions align with FCTC Art. 11 and the FCTC Art. 11 guidelines in that they provide for a range of penalties and higher penalties for repeat violations. To more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the drafters of the law should consider additional penalties such as license suspension or revocation.
Wholesaler
(e.g., seizure of the product, publication of the violation/violator)
The Public Health (Tobacco) Act 2002, Section 10(1)(j), imposed a duty to enforce upon the Office of Tobacco Control (OTC); however, the OTC was dissolved and replaced by the Health Service Executive by the Public Health (Tobacco) Act 2010.
It is an offense to manufacture, import, or place on the market a tobacco product that does not bear the required warning. For a first offense, any person who violates the Regulations is subject to a Class B fine or up to six months in prison, or both. For a repeat offense, a violator is subject to a Class A fine or up to 12 months in prison, or both.
These provisions align with FCTC Art. 11 and the FCTC Art. 11 guidelines in that they provide for a range of penalties and higher penalties for repeat violations. To more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the drafters of the law should consider additional penalties such as license suspension or revocation.
Retailer
(e.g., seizure of the product, publication of the violation/violator)
The Public Health (Tobacco) Act 2002, Section 10(1)(j), imposed a duty to enforce upon the Office of Tobacco Control (OTC); however, the OTC was dissolved and replaced by the Health Service Executive by the Public Health (Tobacco) Act 2010.
It is an offense to manufacture, import, or place on the market a tobacco product that does not bear the required warning. For a first offense, any person who violates the Regulations is subject to a Class B fine or up to six months in prison, or both. For a repeat offense, a violator is subject to a Class A fine or up to 12 months in prison, or both.
These provisions align with FCTC Art. 11 and the FCTC Art. 11 guidelines in that they provide for a range of penalties and higher penalties for repeat violations. To more fully align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the drafters of the law should consider additional penalties such as license suspension or revocation.
