Trading Standards has issued notices to councils regarding the sale of Vapes and E-Cigarettes in a move to crack down on illicit sales or sales of sub-standard products. It is understood that Trading Standards will be making spot checks on businesses and we would like to reiterate what is and isn’t allowed to be sold.
Please note: it is illegal to sell any E-cigarettes, including disposable vapes, vapes, refills and vaping liquids containing nicotine to any person below the age of 18.
Tobacco and Related Products Regulations 2016
No one must produce or supply a vape or refill container unless it meets the following requirements:
Nicotine-containing liquid for retail sale must:
- be in a dedicated refill container in a maximum volume of 10 ml; in a disposable vape, single-use cartridge or a tank the maximum volume is 2 ml
- the capacity of the tank of a refillable vape must not be more than 2 ml
- there is a nicotine limit of 20 mg per ml that applies to nicotine-containing liquids in an vape or refill container
NB. Disposable vapes sometimes display a typical number of puffs on the packaging. Typically, a disposable vape would provide 600 puffs or the equivalent of 20 cigarettes.
Nicotine-containing liquid must:
- be manufactured using only ingredients of high purity
- not contain certain additives (see the ‘No vitamins, colourings or prohibited additives in tobacco products’ section of this guide) but can contain flavours
- not contain substances other than the ingredients that were part of the formal notification process laid down in the Regulations
- not include ingredients (except nicotine) that pose a risk to human health
In normal use, the vape must deliver a consistent dose of nicotine.
A vape or refill container must be child-resistant and tamper-evident, protect against breakage and leakage and have a mechanism to ensure that refilling can take place without leakage (this does not apply to disposable vapes).
Further note on Nitrous Oxide or “NOX”
[.Gov information] Nitrous oxide, usually sold in small silver canisters and inhaled, can cause serious long-term effects such as vitamin B12 deficiency and anaemia. It is commonly used at anti-social gatherings and leads to widespread littering in public places.
Often found in premises that sell Vapes and e-cigarettes, it is usually in 8mg canisters, but now being found in larger canisters.
The sale of nitrous oxide for its psychoactive effects was made illegal after the Psychoactive Substances Act in 2016, but it is not currently a crime to be caught in possession of the drug.
The Psychoactive Substances Act
In 2016, the Psychoactive Substances Act was passed and made it illegal to sell or supply ‘psychoactive substances’, offer to supply them or possess them with intent to supply.
So, if a retailer has reason to believe that the substances they are selling will be used for intoxication (i.e. to get ‘high’) then they could be prosecuted. The maximum sentence under the Psychoactive Substances Act is 7 years’ imprisonment.
Although it is not illegal to use volatile substances, solvent abuse can cause behaviours which lead to criminal prosecution. Typically these involve antisocial or violent behaviour, assault, theft and other criminal behaviour orders.
There is also specific legislation controlling the sale of some volatile substances to young people. This includes the following:
- It is illegal to supply cigarette lighter refills containing butane to anyone under the age of 18 (Cigarette Lighter Refill (Safety) Regulations, 1999)
- It is illegal to sell spray paint to anyone under the age of 16 (Antisocial Behaviour Act, 2003)
- Under national licensing regulations, petrol cannot be sold to anyone under the age of 16.
If you are a retailer and need advice on the products you are selling, or if you are a consumer and believe a retailer is selling products to underage customers, please contact trading standards. e: trading.standards@surreycc.gov.uk
Call the Citizens Advice consumer helpline on 0808 2231133; www.adviceguide.org.uk
Business Advice Line 0300 123 2329. Email: business.advice@surreycc.gov.uk
For any parents worried about drug or solvent abuse, please call the Frank drugs helpline on 0300 123 6600.
