The Environmental Protection (Single-Use Vapes) (Scotland) Regulations 2024 comes into force on 1 June 2025, banning the supply of single-use vape products across Scotland.
The new regulations address the environmental and public health challenges posed by disposable vapes.
This guidance outlines the key aspects of the ban that vape retailers need to know to ensure they do not sell or display non-compliant products.
Advice for retailers
What is a single-use vape?
The new regulations define a single-use vape as a product that is neither designed nor intended to be reused.
This includes:
- devices that are refillable but not rechargeable
- devices that are rechargeable but not refillable
- devices with non-replaceable coils.
Additionally:
- refills, replacement pods or tanks, containers, and coils (coils may be integrated into pods and tanks) must be separately available for purchase by an individual user
The ban applies to all vaping devices.
How can retailers assess if a vape device is compliant?
Compliance involves a two-part assessment:
- Functionality check.
The device must be:
- rechargeable – Does it contain a battery that can be recharged multiple times? The battery must be rechargeable, not just replaceable
- refillable – Can the user refill the device with vape liquid or replace the liquid via compatible pods or containers
- replaceable coil – Can the user replace the coil? The coil may be integrated into replaceable tanks, pods, or containers
If the answer to any of these questions is ‘NO’, the product does not comply.
- Availability of replacement parts.
To be compliant, replacement parts (pods, coils, refill containers) must be available to be purchased separately and be accessible to consumers. If they are not stocked in your store, you must be confident that customers can get them from other outlets, including online.
If you don’t stock them:
- ask suppliers to confirm parts are obtainable separately and are widely available
- check the availability online or in other stores
Best practice:
- Keep some replacement parts in-store if possible. Do occasional online checks to confirm availability.
- Record details of any checks you make - it can help with a due diligence defence.
Record keeping
As a retailer you must keep accurate records that show who supplied you with the products you sell. The records must include the name and address of your supplier, the date of supply, product details and quantity supplied.
Keep records of the checks you make to confirm that replacement pods, refill containers, and coils are available separately. This evidence can support a due diligence defence.
Trading Standards Officers may inspect your business, so keeping clear records will help demonstrate compliance.
What does this mean for retailers?
Pre-ban checklist:
- Stop buying – Do not buy single-use vapes to reduce left over stock.
- Educate staff and customers – Ensure employees and customers understand the upcoming changes.
- Source compliant alternatives – Speak to your supplier to ensure that you only buy vapes that comply with the new regulations. If your supplier is not aware of the changes then you should carefully consider whether products they sell will be compliant.
From 1 June 2025, it is an offence to have disposable vaping products in your possession for sale. Any leftover disposable vaping products must be:
- Stored away from the shopfloor, and
- Separated from other goods, securely wrapped, and clearly labelled, they are waiting to be collected for responsible disposal and are not for sale.
Enforcement of the ban in Scotland will be carried out by local Trading Standards teams. Businesses found in violation may face:
- Seizure of non-compliant products.
- Criminal prosecution with fines of up to £5000.
Recycling
As a vape retailer, you must offer a designated recycling bin.
DEFRA Guidance on Single-Use Vapes www.gov.uk/guidance/single-use-vapes-ban
If you have questions or require further advice, contact Fife Council Trading Standards by email: trading.standards@fife.gov.uk
