Popularity of “vaping” prompts law reminder
The use of e-cigarettes and vaping as an alternative to smoking cigarettes is an increasing trend among Rhondda Cynon Taf – with many shops offering e-cigarette products for sale to meet the rising demand.
However, all are being warned that legislation came into effect this month which reinforces the statutory minimum age for the sale of nicotine-inhaling products as 18.
This means it is an offence to sell such products to customers under the age of 18 and it is also an offence for an adult over the age of 18 to purchase them on behalf of someone who is under the statutory minimum (proxy sale).
The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 define a nicotine inhaling device as “a device which is intended to enable nicotine to be inhaled through a mouthpiece (regardless of whether the device is also intended to enable any other substance to be inhaled through a mouthpiece)”.
The regulations also cover nicotine inhaling devices such as e-cigarettes, certain component parts and e-liquids that contain nicotine.
The definition encompasses e-cigarette devices (disposable and rechargeable), certain component parts such as pre-filled refill cartridges and refill cartridges known as e-liquids. The cartridges must contain nicotine.
Although some devices may not contain nicotine at the point of sale, they would be covered by the regulations if they are intended to enable nicotine to be inhaled through a mouthpiece.
It is also an offence for adults to buy (or try to buy) tobacco products or e-cigarettes for someone under 18 (proxy purchasing). A fixed penalty notice of £90 can be issued to the purchaser.
Cllr Joy Rosser, Rhondda Cynon Taf Council’s Cabinet Member for Safer Communities, Libraries and Heritage, said: “This is important information for parents and adults – it is vital they are aware of the law surrounding the sale of nicotine-inhaling products and associated paraphernalia.
“You cannot buy such products unless you are 18 and it is an offence for you, as a parent, carer, friend or adult, to buy or try to buy such products for someone who is not of the statutory minimum age.
“All shops that sell nicotine-inhaling products must take it upon themselves to ensure managers and staff alike are aware of the law, the part they play in upholding it and the consequences of not ensuring sales are legal and responsible.
“We have an expert team on hand within our Trading Standards department who are happy to provide free advice and guidance on this issue.”
