A ban on the sale and supply of single-use vapes in Scotland is due to come into effect on 1 April 2025, under proposed legislation published today (23 February).
From that date, it will be an offence for a person or business, to supply, offer to supply, or have in their possession for supply, single-use vapes. Those found in breach will be subject to a summery conviction of up to two years or/and a fine.
The move takes forward the recommendation to ban single use vapes from a consultation on ‘Creating a Smokefree Generation and Tackling Youth Vaping’, which ran across Scotland, England, Wales and Northern Ireland last year.
The draft legislation, which is open for consultation until 8 March, is being taken forward in Scotland using powers under the Environmental Protection Act 1990. While separate legislation on banning the sale and supply of single use vapes will need to be introduced by each nation, the governments have worked together to agree on a date for when the ban will come into force, to provide certainty for businesses and consumers.
Circular Economy Minister, Lorna Slater said: “Legislating to ban the sale and supply of single-use vapes fulfils a Programme for Government commitment to reduce vaping among non-smokers and young people and take action to tackle their environmental impact.
“The public consultation demonstrated that there is strong support for tougher action on vaping. From causing fires in waste facilities to more than 26 million disposable vapes being consumed and thrown away in Scotland in the past year, single-use vapes are a threat to our environment as well as to our public health.
“These proposed changes to the law demonstrate our absolute commitment to further improve the wellbeing of communities and protecting our beautiful natural environment.”
In response, the Scottish Grocers’ Federation called on the Scottish government to set out a clear plan to tackle the surge in illicit trade that is expected to hit highstreets, following a ban of single-use vapes.
The trade association also warned that a ban will make it more difficult for people, who wish to quit smoking, to access alternative nicotine products. Potentially encouraging some people to revert to smoking tobacco.
SGF Chief Executive, Pete Cheema, said: “There is already a significant illicit market for disposable vapes in the UK. Including potentially unsafe products. That will only get worse after a ban. The Scottish government and UK government need to be clear about how they intend to tackle these problems, which are undoubtedly now on the horizon.
“The draft regulations do not make it clear how they intend to solve the problem of increasing illicit trade, and that needs to be a priority. Likewise, it is critical that they do not over-regulate flavouring, which is proven to be the key driver for smokers switching, if they wish to.”
ACS Chief Executive James Lowman, added: “The Scottish government should not rush to implement the disposable vapes ban without proper consultation with industry and a clear understanding of the impact the illicit vaping market that already accounts for one third of the overall UK vaping market. The lack of a published impact assessment reveals the scant consideration of how vapers will respond to this change in the law, and how it will swell the already huge market in illicit vapes.
“We need a clear plan in place for communicating this policy change to consumers without undermining smoke free targets, as our research also suggests that 8% of disposable vape users will return to tobacco products when the ban is introduced.”
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