Action On Single-use Vapes

23rd February 2024

A ban on the sale and supply of single-use vapes in Scotland is due to come into effect on 1 April 2025, under proposed legislation published today.

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 8 March, is being taken forward in Scotland using powers under the Environmental Protection Act 1990. And, 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.

Circular Economy Minister, Lorna Slater 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 26 million 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 draft regulations are open for consultation until 8 March 2024.

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.

Zero Waste Scotland estimates that up to 26 million disposable vapes were consumed and thrown away in Scotland in the last year, with 10 per cent being littered and more than half disposed of incorrectly. With millions of vapes littered every year, there is a significant and increasing cost to local authorities through litter clear up and waste management. Where vapes are incorrectly disposed of, the batteries increase risk of fires at waste centres and on collection vehicles that can damage equipment paid for by the taxpayer or even be a risk to personal safety.

Legislation raising the tobacco age of sale, will initially be taken forward via UK-wide legislation and requires a Legislative Consent Motion (LCM).