Single use vapes ban: response letter

To: Professor Russel Griggs OBE, Chair, Regulatory Review Group
From: Cabinet Secretary for Wellbeing Economy, Net Zero and Energy

Dear Russel,

Thank you for your letter to the former Minister for Green Skills, Circular Economy and Biodiversity dated 3 April regarding the proposed prohibition on the sale and supply of single-use vapes in Scotland. I am replying having recently, and for now, absorbed the responsibilities of the former Minister for Circular Economy, Lorna Slater. You know I am grateful to the Regulatory Review Group for the work you do, as well as for meeting with officials and providing advice on the implementation of the ban.

I agree that clarity over timescales for implementation and the underpinning conditions for the ban is key to provide businesses with reasonable time to adjust. For this reason we have agreed a common ‘coming into force’ date with the UK Government and Welsh Government in respect of similar bans in England and Wales. This shall be of 1 April 2025. We have also provided notice of this date over a year in advance. We have also shared the draft regulations for consultation which will hopefully help businesses and regulators understand the definitions that we are using.

I support the suggestion that an assessment is undertaken into the cumulative business impacts of the various policies being introduced on environmental and public health grounds. My officials will work collaboratively with public health colleagues to develop a coherent communications plan outlining the proposed changes and timelines for implementation. As you have highlighted, on 1 March officials wrote to every retailer listed on the Register of Tobacco and Nicotine Vapour Product Retailers seeking

their feedback on the consultation on draft Regulations. There is a subsequent consultation on the implementation on the proposed ban, currently live from 2 April – 14 May, which includes updated regulations and a suite of draft impact assessments, including a partial Business and Regulatory Impact Assessment (BRIA). As part of the BRIA, officials have been conducting a Scottish Firms Impact Test, which has involved interviewing a selection of businesses and trade organisations to seek their feedback on how the proposed measure will impact their business. The Scottish Government will continue to engage with industry ahead of the coming into force date.

I recognise the need for the definition of ‘single-use’ in our regulations to be precise in order to reduce the risk of non-compliance. Having considered the feedback we received on the two week consultation of our draft regulations, including close engagement with Trading Standards officers, we believe the updated definition sufficiently captures the range of products it is intended to cover. We are grateful to those who responded to this consultation for their input.

The Scottish Government will continue to engage proactively with the RRG and other key stakeholders in the run up to the coming into force date and following implementation. We have worked closely with Trading Standards officers in developing the enforcement regime to ensure compliance and reduce the risk of the growth of the illicit market. We will ensure the RRG is kept up to date with developments in this area.

Yours sincerely,

Mairi Mcallan

Single use vapes ban: response letter

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