The move takes forward the recommendation to ban single-use vapes from a consultation on ‘Creating a Smokefree Generation and Tackling Youth Vaping’, which ran across Scotland, England, Wales and Northern Ireland last year.
The draft legislation, which is open for consultation until March 8, 2024, is being taken forward in Scotland using powers under the Environmental Protection Act 1990. While separate legislation on banning the sale and supply of single-use vapes will need to be introduced by each nation, the governments have worked together to agree on a date for when the ban will come into force to provide certainty for businesses and consumers.
Lorna Slater, Scotland’s circular economy minister, said, “Legislating to ban the sale and supply of single-use vapes fulfils a programme for government commitment to reduce vaping among non-smokers and young people and take action to tackle their environmental impact.
“The public consultation demonstrated that there is strong support for tougher action on vaping. From causing fires in waste facilities to more than 26m disposable vapes being consumed and thrown away in Scotland in the past year, single-use vapes are a threat to our environment as well as to our public health.
“These proposed changes to the law demonstrate our absolute commitment to further improve the wellbeing of communities and protecting our beautiful natural environment.”
The ban on single-use vapes is being taken forward using powers under the Environmental Protection Act 1990. This approach has been used in the past to ban other items, such as microbeads, cotton buds and single-use plastics. Regulations will be introduced to the Scottish Parliament before the summer.
The Scottish Government will continue to work with the UK Government and other nations in relation to the ban on disposable vapes, including addressing the need for any exclusion from the UK Internal Market Act through the Resources and Waste Common Framework.
Legislation raising the tobacco age of sale will initially be taken forward via UK-wide legislation and requires a Legislative Consent Motion (LCM).