Section 83 Displays of products and prices in Northern IrelandI1I2

After Article 4J of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 82) insert—

“Displays of products or prices

Displays of products or prices

4K

(1)

The Department may by regulations impose prohibitions, requirements or limitations on retailers in relation to—

(a)

the display, in the course of business, of relevant products in a place where those products are offered for sale;

(b)

the display, in the course of business, of empty retail packaging of relevant products in a place where those products are offered for sale;

(c)

the display, in the course of business, of prices of relevant products in a place where those products are offered for sale.

(2)

In paragraph (1) “relevant product” means—

(a)

tobacco products,

(b)

tobacco related devices,

(c)

herbal smoking products,

(d)

cigarette papers,

(e)

vaping products, or

(f)

nicotine products.

(3)

In paragraph (1)(a) a reference to a product includes anything that represents the product and that is intended to be exchanged for it at the point of sale.

(4)

Regulations under paragraph (1) may create offences in relation to a failure to comply with the regulations.

(5)

The regulations must provide for any offence to be triable on indictment or summarily and punishable—

(a)

on summary conviction, by imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;

(b)

on conviction on indictment, by imprisonment for a term not exceeding 2 years, or a fine, or both.

(6)

Before making regulations under this Article the Department must consult any persons it considers it appropriate to consult.

(7)

Regulations may not be made by the Department under this Article unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.”