Northern Ireland

COMMENTS: The Health and Personal Social Services (Northern Ireland) Order 1978 regulates, among other things, sales of tobacco to minors.

COMMENTS: The Consumer Protection Act 1987 makes it an offense to fail to give information required for a specific good and sets out penalties for violations. These provisions apply to tobacco packaging and labeling requirements.

COMMENTS: The Children’s and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 regulates sales of tobacco products and amends the Health and Personal Social Services (Northern Ireland) Order 1978 regarding regulation of vending machines.

COMMENTS: The Tobacco Advertising and Promotion Act 2002 regulates tobacco advertising, promotion and sponsorship.

COMMENTS: The Tobacco Advertising and Promotion Act 2002 (Commencement) Order 2002 sets dates on which specified sections of TAPA come into force.

COMMENTS: The Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 regulate packaging and labeling of tobacco products. These regulations were revoked by the Tobacco and Related Products Regulations 2016.

COMMENTS: The Tobacco Advertising and Promotion Act 2002 (Commencement No. 3) (Amendment and Transitional Provisions) Order 2003 sets dates on which specified sections of TAPA come into force.

COMMENTS: The Tobacco Advertising and Promotion Act 2002 (Commencement No. 6) Order 2003 sets dates on which specified sections of TAPA come into force.

COMMENTS: The Tobacco Advertising and Promotion Act 2002 (Commencement No.7) Order 2004 sets dates on which specified sections of TAPA come into force.

COMMENTS: The Tobacco Advertising and Promotion (Point of Sale) Regulations 2004 were revoked by the Tobacco Advertising and Promotion (Display) Regulations (Northern Ireland) 2012.

COMMENTS: The Tobacco Advertising and Promotion (Specialist Tobacconists) Regulations 2004 were revoked by the Tobacco Advertising and Promotion (Specialist Tobacconists) Regulations (Northern Ireland) 2012.

COMMENTS: The Tobacco Advertising and Promotion (Brandsharing) Regulations 2004 prohibit brandsharing (brand stretching) and reverse brandsharing and set forth a few very limited exceptions to the ban.

COMMENTS: The Tobacco Advertising and Promotion 2002 etc. (Amendment) Regulations 2006 amends TAPA to include provisions specifically addressing information society services, such as the internet.

COMMENTS: The Smoking (Northern Ireland) Order 2006 regulates smoking in public places, workplaces, and public transport and authorizes regulations regarding the same.

COMMENTS: The Smoking (2006 Order) (Commencement) Order (Northern Ireland) 2007 provides that the smoking ban, set forth in the Smoking Order 2006, comes into effect on April 30, 2007.

COMMENTS: The Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007 provide definitions of “enclosed” and “substantially enclosed” for purposes of the prohibition on smoking, impose a duty on vehicle operators to prohibit smoking in public vehicles, and provide penalty forms.

COMMENTS: The Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations (Northern Ireland) 2007 set out exemptions to the smoking ban, regulate smoking in vehicles, and provide penalties for violations of the Smoking Order 2006.

COMMENTS: The Smoke-Free (Signs) Regulations (Northern Ireland) 2007 regulate the content, form, and display of no-smoking signs.

COMMENTS: The Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) (Amendment) Regulations (Northern Ireland) 2008 amend the Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations (Northern Ireland) 2007, changing the age for designated smoking rooms in residential care and other accommodations from 16 to 18 years.

COMMENTS: The Children’s and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008 amend the Children’s and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 and the Health and Personal Social Services (Northern Ireland) Order 1978 to increase the legal age for tobacco sales from 16 to 18 years.

COMMENTS: The Tobacco Products (Manufacture, Presentation and Sale) (Safety) (Amendment) Regulations 2007 amend the 2002 regulations on packaging and labeling to require picture warnings and to extend the requirements to tobacco products supplied for consumption in other EEA (European Economic Area) states. These regulations were revoked by the Tobacco and Related Products Regulations 2016.

COMMENTS: The Air Navigation Order 2009 regulates air navigation and, among other things, requires no-smoking signs in aircraft where smoking is prohibited.

COMMENTS: The Audiovisual Media Services (Product Placement) Regulations 2010 prohibit product placement in UK-made TV and on-demand programs of any tobacco product, including electronic or smokeless cigarettes, tobacco accessories such as lighters, and cigarette papers or pipes intended for smoking.

COMMENTS: UK Code of Broadcast Advertising was issued by the Broadcast Committee of Advertising Practice (BCAP) and prohibits tobacco advertising on broadcast media regulated by Ofcom (TV, radio, and mobile phones). Only an excerpt of the Code - Section 10 - is uploaded here. For the full Code, please see the link to the official website.

COMMENTS: The Ofcom Broadcasting Code regulates, among other things, the unpaid depiction of tobacco products and smoking on broadcast media. See Rule 1.10. Only an excerpt of the Code - Section 1 - is uploaded here. For the full Code, please see the link to the official website.

COMMENTS: The Health Act 2009, among other things, amends TAPA to authorize regulations to prohibit tobacco product display at retail shops, restrict product displays on websites, and prohibit tobacco vending machines.

COMMENTS: The Protection from Tobacco (Sales from Vending Machines) Regulations (Northern Ireland) 2012 prohibits the sale of tobacco products from vending machines.

COMMENTS: The Tobacco Advertising and Promotion (Display) (Northern Ireland) Regulations 2012 ban tobacco advertising and the display of tobacco products in most retail stores.

COMMENTS: The Tobacco Advertising and Promotion (Display of Prices) Regulations (Northern Ireland) 2012 establish the requirements for the display of tobacco product prices at points of sale.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: The Tobacco Advertising and Promotion (Specialist Tobacconists) Regulations (Northern Ireland) 2012 set out the requirements for advertisements and display within specialist tobacconist shops.

COMMENTS: The Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 gives the Department of Health, Social Services and Public Safety the power to prohibit the sale of e-cigarettes to persons under the age of 18 and by vending machines. The Act also includes amendments to the Smoking (Northern Ireland) Order 2006.

COMMENTS: The Standardised Packaging of Tobacco Products Regulations 2015 implement section 135(6) of the Children and Families Act 2014 and require plain packaging for packages of cigarettes and hand rolling tobacco produced on or after May 20, 2016. Products produced before that date were permitted to be sold until May 20, 2017. The regulations specify color, shape, material, permitted text, and other elements of tobacco product packaging.

COMMENTS: Directive 2014/40/EU of the European Parliament and of the Council of April 3, 2014 requires Member States, among other things, to require combined picture and text health warnings occupying 65% of the front and back of all tobacco product packaging. The requirements of the directive were transposed via the Tobacco and Related Products Regulations 2016. This directive is referenced specifically in the regulations, particularly with regard to the contents of the health warnings as provided in the annexes to the directive.

COMMENTS: The Tobacco and Related Products Regulations 2016 transpose many of the provisions of Directive 2014/40/EU (Tobacco Products Directive), including the requirements of health warnings to be placed on tobacco product packaging. These regulations were amended by the Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 and the Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020.

COMMENTS: The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 amend a number of legislative provisions as a result of the withdrawal of the UK from the European Union. The amendments include provisions regulating advertising and promotion, packaging and labeling, and flavors. The amendments entered into force on "exit day" - January 31, 2020.

COMMENTS: The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 amend the Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 to address issues that arose under the Protocol on Ireland/Northern Ireland. Under the Protocol. Northern Ireland will remain aligned with a limited set of EU rules. Most amendments entered into force immediately before 'Implementation Period completion day" - which was established as December 31, 2020.