Exemptions
Specialist Tobacco Retailers
Section 44 (1) of the Public Health (Tobacco) Act, 2002 (as amended), provides an exemption from Section 43 for specialist tobacco retailers.
A specialist tobacco retailer is defined as "a person who -
(a) carries on, in whole, the business of selling by retail -
(i) tobacco products, or
(ii) products used for the purposes of or in connection with smoking tobacco products, unless he or she is a subsidiary of a company that does not carry on in whole such business, or
(b) carries on, in part, the business of selling tobacco products by retail and does not carry on any business that consists, in whole or in part, of selling cigarettes."
A specialist tobacco retailer must apply to the Minister for a Certificate of Exemption.
Following confirmation that the conditions in (a) or (b) above are met, a Certificate of Exemption will issue to the retailer.
A person who is issued with a Certificate of Exemption is also exempt from Section 33A as amended.
Airport Duty Free
Section 35 of the Public Health (Tobacco) Act, 2002 (as amended), provides that a pictorial list containing of visual images of packets of the tobacco products on sale may be displayed in duty free premises in airports 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 project, and
(iii) the list or each such image contains one of the mandatory health warnings.
