What is the new law on vapes when does it come into force?

From Sunday, it will be illegal for any business in the UK to sell or supply single-use, disposable vapes.

It aims to reduce waste, protect the environment, and discourage young people from developing the habit.

Those found breaking the law and selling disposable vapes after June 1 could face a fine or a prison sentence of up to two years.

The Scottish Grocers’ Federation (SGF) advised retailers to stay on the right side of the law after the deadline.

“There is no transitional period in play here,” chief executive Pete Cheema said.

“From June 1, it will be an offence for a person or business to supply or offer to supply single-use vapes – or have them in their possession for supply,

“Any leftover stock, come that date, must be discontinued and stored separately from items for sale, clearly marked as ‘not for sale’.”

What does it mean?

For Scottish consumers, it means that single-use, disposable vapes will no longer be available for purchase.

From June 1, if vapers want to continue with their habit, they will need to switch to more sustainable, rechargeable, and refillable vape options.

That’s likely to come with a higher price tag.

For retailers, it means that it will be an offence to supply, or have in their possession for supply, single-use vapes.

Any leftover stock must be discontinued and stored separately from items for sale, clearly marked as “Not for Sale”.

What is the ban?

The Scottish Parliament passed legislation to ban the sale of disposable vapes last year, but enforcement was delayed so that it could coincide with similar laws in England and Wales.

The law makes it illegal to sell tobacco products to anyone born on or after January 1, 2009.

This does not apply to vapes, but in the UK, you must be 18 years old to legally purchase vape products, including disposable vapes, refillable vapes, and related accessories. It’s also illegal for adults to buy vapes on behalf of under-18s.

The new law also gives new powers to local authorities to issue fixed penalty notices to people breaching the age of sale legislation for both tobacco products and vapes.

According to the Scottish Government, an estimated 26 million disposable vapes were thrown away in Scotland in 2023.

It was estimated that almost five million single-use vapes were either littered or thrown away in general waste every week in the UK. That’s the equivalent of eight being thrown away per second.

“Litter is one of the reasons we’re doing that – the lack of people properly disposing of them is a real issue,” Gillian Martin, acting cabinet secretary for net-zero and energy, said.

Barry Fisher, chief executive of environmental charity Keep Scotland Beautiful, said disposable vapes were becoming “more and more common”, “spoiling” the environment, and causing danger to wildlife.

“We are dealing with a litter emergency and the last thing we need is single-use products coming to market that can end up discarded harming our environment,” Mr Fisher said.

“This ban will help remove the fastest growing litter item from our streets, parks and beaches and is a welcome step in the right direction, but everyone must dispose of their waste in the correct way.”

There’s a health aspect to the ban as well, as vaping continues to become more popular among children and young people.

In 2023, 20.5% of children had tried vaping, up from 15.8% in 2022 and 13.9% in 2020

“One of the issues around disposable vapes is they’re attractive to children who shouldn’t really be vaping at all,” Martin said.

“They’re not stopping smoking necessarily, they’re actually picking up another habit. So there’s a health aspect to this as well.”

Former health minister Andrew Gwynne previously added: “It’s deeply worrying that a quarter of 11 to 15-year-olds used a vape last year and we know disposables are the product of choice for the majority of kids vaping today.

“Banning disposable vapes will not only protect the environment but importantly reduce the appeal of vapes to children and keep them out of the hands of vulnerable young people.”