Scotland publishes disposable vapes public consultation – UK vape

The Scottish Government is conducting a six-week public consultation on disposable vapes. According to the proposed regulations, after the ban is implemented on April 1, 2025, retailers selling disposable vapes may be subject to a level five fine. It is equivalent to between £5,000 and £10,000.

Different from England’s disposable vape ban.

This move is different from England. In England, the initial fine for correcting a commercial conduct law error is 200 pounds. If the fine is paid within 28 days, the amount required to pay can be reduced to 100 pounds.

The regulations further clarify the definition of disposable vapes. And it set fines for merchants who continue to sell or supply disposable vapes after the ban is implemented. The ban is governed by separate regulations in Scotland, which are similar to those in England.

For the first time, the Scottish government has explained in detail the definition of disposable vapes. First of all, they are not reusable, that is, the vape is well-designed and cannot be added to and replaced with disposable containers. And, the batteries and coils cannot be replaced or recharged.

disposable vape selling in the store

£30m budget to support HMRC and Border Force on vape ban law enforcement.

During the consultation, a £30m law enforcement budget was mentioned. The Scottish Government said it would provide extra funds to HMRC and Border Force to “support law enforcement in Scotland”.

ACS CEO James Lowman said:

“The upcoming ban on disposable vapes will provide a significant boost for rogue traders selling illicit products to meet the demand from the one in four existing disposable users that say they’ll carry on buying them after a ban comes into force. We support the Scottish government’s stronger approach to enforcement when it comes to the severity of the fines being imposed. But the £30m enforcement budget is being stretched extremely thin to cover not just Trading Standards, but also HMRC and Border Force activity across the UK.”

If the UK government wants to support responsible retailers and clear illegal products from our streets, it needs to provide more funding for local enforcement. And, set serious sanctions for those who commit this crime.

The consultation comes as a crackdown on retailers that do not offer vape recycling services in their stores. At the beginning of 2024, vapes will be taken off the WEEE dealer take-back scheme (stage seven). This means that retailers selling vapes in any quantity will need to provide a one-on-one recycling service.

In response to this issue, ACS has provided relevant opinions to help merchants provide recycling services.

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