The Scottish Government has published a further their responses to the consultation on ‘Implementing the prohibition of the sale and supply of single-use vapes in Scotland: your views’ and the draft Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024.
Providing an extra degree of clarity on the ban, the Scottish Government has set out its definition of a disposable vape as well as more information regarding how the rules will be enforced.
The Scottish Government acknowledged that enforcement was the biggest concern raised by those who submitted response and state that they continue to collaborate closely with Trading Standards and the Convention of Scottish Local Authorities (COSLA) to understand the regulatory burdens associated with enforcement and any associated funding, as well as assessing the potential savings and benefits.
The response sets out additional powers to allow Trading Standards to identify sellers, enter premises and seize illegitimate products.
The response has defined the vaping products set to be banned as:
• Not refillable by an individual user in the normal course of their use.
• Not rechargeable
• Not refillable and not rechargeable
• Not able to be fitted with a replacement heating coil which is separately available and replaceable by an individual user in the normal course of their use.
Further to this, those found guilty of committing the offence could be subject to a level five fine – the equivalent to an amount of money between £5,000 and £10,000.
This is in contrast to that in England where a range of notices will be made to the businesses and an initial £200 fine, which could be reduced to £100 if paid within 28 days.
