Scots vape shops which sell disposable vapes after the ban on June 1 face £5000 fines and potentially up to two years in jail.
All four UK nations will ban polluting single-use plastic e-cigarettes in the summer after a two-year campaign by The Daily Record. Now, details of the various enforcement regimes have been released in new guidance for retailers.
In Scotland, councils’ trading standards teams will lead on enforcing the ban, reporting criminal cases to the Crown Office and Procurator Fiscal Service for possible prosecution. If a retailer is found guilty of supplying, offering to supply or having in their possession for supply single-use vapes, they’ll be subject on summary conviction to a fine of up to £5000.
On further conviction of these offences, they may face up to two years in prison, be subject to a fine, or both. If they fail to follow an enforcement requirement without a reasonable excuse, they’ll be hit with a fine of up to £5000.
We threw our weight behind calls to outlaw the gadgets in early 2023 with our Bin The Vapes campaign as we exposed the litter nightmare on our streets and the scale of the child vaping epidemic. A shocking 25 per cent of all 15-year-olds regularly use vapes, with throwaway brands by far the most popular among youngsters – raising fears they’re hooking a new generation on nicotine.
Last year, after months of campaigning, the Record exclusively revealed how a UK-wide ban on disposable vapes had been agreed between Westminster and the devolved governments. Experts said with proper enforcement, fines could “run into the millions of pounds” – but warned it could also “inadvertently boost the black market”.
Under the incoming rules, if retailers still have single-use vapes in their possession from June 1, they will not be able to sell or supply them to customers. They will have to separate them from other goods, label them as unsellable and remove them from the shopfloor or online store until they’ve been collected by a registered vape recycling service.
As things stand, vapers will not be penalised for possessing disposable vapes after the ban – with the regulations targeted at the sale and distribution of disposable vapes, not personal possession. Enforcement measures are focused on businesses, requiring them to comply with the prohibition and responsibly disposing of existing stock.
David Phillips, from leading online retailer Vape Superstore, said: “We believe that the disposable vape ban is a step in the right direction for environmentally-conscious vaping and a more sustainable smoke-free future. While the penalties might seem severe, retailers have four months to prepare for the upcoming ban.
“This new guidance offers retailers and shopkeepers more clarity around the ban… the ban will require adjustments for many vapers, but there are plenty of cost-effective and reusable alternatives available.”
But he warned: “The ban could also inadvertently boost the black market for illicit vapes, which will require further regulation.”
The UK is estimated to have around 3500 specialist vape stores – but that figure doesn’t include the vast majority of supermarkets, convenience stores, Post Office shops, newsagents and corner shops which also stock the products.
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