Section 84 Free distribution and discount of productsI1

After Article 4K of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 83) insert—

“Free distribution and discounts

Free distribution and discounts of products

4L

(1)

A person commits an offence if—

(a)

the person—

(i)

gives away a product or coupon to a member of the public or sells a product or coupon at a substantial discount, or

(ii)

causes or permits that to happen, and

(b)

either—

(i)

their purpose in doing so is to promote a relevant product, or

(ii)

the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect.

(2)

In paragraph (1) “relevant product” means—

(a)

a tobacco product,

(b)

a herbal smoking product,

(c)

cigarette papers,

(d)

a vaping product, or

(e)

a nicotine product.

(3)

Where a person is charged with an offence under this Article of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority.

(4)

A person guilty of an offence under this Article is liable—

(a)

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

(b)

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

(5)

In this Article “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit.”