Further details emerge on disposable ban
THE Scottish Government has published a further response to the consultation on the incoming disposable vape ban, highlighting further details on the matter.
Providing an extra degree of clarity on the ban, ScotGov has set out its definition of a disposable vape as well as more information regarding how the rules will be enforced.
ScotGov 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.
ScotGov said the further clarity on what constitutes a single-use vape came about as respondents to its consultation highlighted concerns that manufacturers could circumvent the measure by designing vapes that did not fall under the initial proposals.
On enforcement, the response to the consultation set out additional powers to Trading Standards that will allow them to crack down on rogue sellers by supporting identification efforts and allow them to enter premises and seize illicit products.
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 a stricter measure than that south of the border 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.
James Lowman, chief executive at the Association of Convenience Stores, did support SoctGov’s further work towards enforcement to crack down on counterfeit products but highlighted the amount of funding towards it would not be sufficient.
He said: “We support the Scottish Government’s commitment to making enforcement as straightforward and effective as possible, but we have raised concerns a number of times that the overall £30m enforcement budget is being stretched extremely thin to cover not just Trading Standards, but also HMRC and Border Force activity across the UK.
“Research and modelling from Trading Standards experts demonstrates a need for a huge increase in enforcement funding for this policy to be effective, which we will continue to call for to ensure that the illicit trade doesn’t get an unintended boost from a disposable vapes ban.”
