A LETTER WAS issued to all retailers yesterday informing business owners that from next year they must pay for a licence to sell tobacco or vaping products.

Currently, retailers selling tobacco products must pay a once-off fee of €50 and there are no requirements for businesses selling nicotine-inhaling products to pay a fee. 

Correspondence issued by the government yesterday, and seen by The Journal, informs retailers that from February they must register with the HSE to sell tobacco products as the registration scheme will be replaced with an annual licencing system.

Business owners are told they will legally be required to apply for a licence, which will cost €1,000 for tobacco products and €800 for retail nicotine inhaling products.

In addition, the letter reminds retailers that if they import nicotine inhaling products into Ireland from another country outside the European Union, including Great Britain, they have extra legal responsibilities, including ensuring the safety and quality of products you obtain and sell to the public.

“By law, you are responsible for the non-compliant products found in your shop. Where the HSE finds non-complaint and unsafe products on the Irish market legal sanctions will be taken against you to ensure the protection of the public up to and including product seizure, product destruction and prosecutions,” states the letter. 

The Journal Investigates went undercover late last year and revealed that at 13 Dublin locations, vapes were available to purchase that failed to meet an aspect of EU regulations or breached rules.

The investigation uncovered expired products for sale at three locations, while packaging did not include the correct health warnings at 12 locations. Perhaps of greater concern, products containing more than the legal limit of e-liquid were found at two locations.

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The aim of the new licence system for retailers is that the new regime will act as a disincentive to businesses seeking to sell tobacco and nicotine inhaling products. It is also hoped the annual fee will help reduce the number of outlets where vapes are sold. 

The letter sent to businesses yesterday includes a reminder that selling a tobacco product or nicotine inhaling product to a child carries a penalty fine of up to €4,000 and a six-month term of imprisonment.

It goes on to state that breaching tobacco legislation may also result in a fine up to €5,000 or to an imprisonment term up to 12 months or both, depending on the offence committed.