Relevant Legislation

Section 43(3) of the Public Health (Tobacco) Acts, 2002 and 2004, provides that a person registered with the Office of Tobacco Control under Section 37 must ensure that all tobacco products sold are kept in a closed container or dispenser that is not visible or accessible to the public.

What does this mean for me?

• A person registered with the Office of Tobacco Control under Section 37 must ensure that all tobacco products are out of view and stored within a closed container or dispenser only accessible by the retailer and retail staff.

• Only the tobacco product must be out of sight. The closed container or dispenser may be visible.

• The location of the closed container or dispenser is a matter for the retailer. It is not required to be under the counter.

• Selection decals/buttons for dispensing machines must not display tobacco product trademarks, emblems, marketing images or logos unless they are out of the view of the customer.

• No tobacco related advertising will be permitted either surrounding or on the front of the closed container that stores the tobacco product.

• The registration number(s) issued by the OTC, must be affixed to the closed container(s) or dispensers following registration.