Enforcement and Penalties

The Environmental Health Officers of the Health Service Executive are responsible for the enforcement of the legislation.

Penalties for offences under the Public Health Tobacco Acts are set out in Section 5 of the Public Health (Tobacco) Act 2002 (as amended). In addition, if a person is convicted of an offence, the premises to which the conviction relates can be suspended from the register of retailers for a period as determined by the Courts.

The period of suspension specified in the Court Order shall not commence until

(a) the expiration of any period during which the conviction may be appealed,
(b) where the conviction is appealed and affirmed, the date of the decision of the court before which the appeal is heard affirming the conviction

Tobacco products cannot be sold from the premises during this period.