NI retailers will be hardest hit for breaching new single use vapes ban
Northern Ireland retailers are going to be hardest hit if they breach the incoming ban on the sale and supply of disposable vapes.
The UK Vaping Industry Association (UKVIA) has warned that time is rapidly running out for retailers to ensure they are fully prepared for next month’s single use vapes ban, and NI retailers have more reason than their GB counterparts to take note.
Director General of the UKVIA, John Dunne told NR that not everyone is aware that simply having old stock on their premises could also leave them open to prosecution.
“Even if traders can show that they have no intention of selling the old stock and are making arrangements for it to be disposed of responsibly, this is not enough,” said John Dunne.
“To avoid the possibility of a fine, the old stock must be separated from other goods, labelled as unsellable and removed from the shopfloor or online store. And while in England, Scotland and Wales, retailers can initially expect no more than a £200 fixed penalty for offences under the new law, there are no civil penalties available in Northern Ireland.”
The Department for Environment, Food and Rural Affairs (Defra) warns retailers: “In Northern Ireland, the enforcement mechanism will be different from other parts of the UK. There are no civil sanctions for this offence and the following penalties will apply.
“If you’re found guilty of supplying, offering to supply or having in your possession to supply single use vapes, you may receive a fine of up to £5,000 on summary conviction in a magistrates’ court. On further conviction of this offence in a Crown Court, you may face a prison sentence of up to two years, a fine, or both.
“If you fail to provide information that an enforcement body asks for, you may receive a fine on summary conviction of up to £5,000 in a Magistrates’ Court.”
John Dunne said the fact that penalties are 25 times higher than the rest of the UK should act as a wake-up call for any Northern Ireland retailer to ensure they will be fully compliant from 1st June.
“There is still time to get everything in order, but immediate action is needed to help ensure a smooth transition,” added John.
“Luckily Defra have produced a very handy guide for the retail sector – https://www.gov.uk/guidance/single-use-vapes-ban – which walks them through the key aspects of the legislation, including detailed information on exactly what constitutes a single-use and reusable vape for the purposes of the new law.
“It also contains information on other restrictions on vaping products, gives information on recycling vapes and what action must be taken if retailers have stock of single use vapes from 1st June.
“Now is the time to sell through all disposable stock and introduce customers to suitable alternative devices. In fact, many distributors have already stopped supplying single use vapes in anticipation of the ban.
“It is also important that sales staff are fully aware of the changes so they can best advise customers, and it would also be a good idea to have point-of-sale information available with key facts about the change.
“The good news for customers is that there are many devices on the market which are just as easy to use as a disposable but have the added advantages that they can be recharged and work out less expensive in the long run.
“The change will take some getting used to, but if retailers take the time now to get ready for 1st June, then they will not have to worry about the possibility of a £5,000 fine down the line.”
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