In our February 2009 Legal News, we highlighted new provisions banning the advertisement and display of tobacco products in retail premises. The new rules, which came into force on 1 July, introduce a prescribed retail sign, require closed container storage of tobacco products and control the operation of tobacco vending machines. In addition to these measures, tobacco retailers (whether over-the-counter or from a self-service vending machine) must register with the Office of Tobacco Control (OTC).

Retailers who never sold tobacco products before 1 July 2009, and who plan to commence doing so, must register with the OTC before they begin. Today, 30 September 2009, is the registration deadline for retailers, who were already selling tobacco products prior to 1 July 2009.

Retailers can register with the OTC online or by using a printed application form and will be prohibited from selling tobacco products if they are not registered with the OTC. Retailers should notify the OTC if any details of the registration change.

The cost of the initial registration is €50 and, where a retailer is registering more than one premises or more than one self-service vending machine, a single fee of €50 is payable. In relation to self-service vending machines, both the owner of the machine and the holder of the licence (a licence for the sale of alcohol or for a registered club) for the premises in which the machine is located must register.

Non-compliance with the new rules may result in the imposition of fines and/or imprisonment. In addition, those retailers found guilty of breaching the new rules will be removed from the OTC register for a period of time (determined by the court) and for the duration will be prohibited from selling tobacco products from the premises to which the conviction relates. At the end of this period, the retailer will have to re-register with the OTC. 

Given the serious consequences of non-compliance, tobacco retailers should register today.