Tobacco and Vapes Act 2026
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Change 1
65 Free distribution and discount of products
(1) In the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), after section 8 insert— Free distribution etc Free distribution and discount of products 8A (1) A person commits an offence if— (a) the person— (i) gives away a product or coupon to a member of the public or sells by retail a product or coupon at a substantial discount, or (ii) causes or permits that to happen, and (b) either— (i) their purpose in doing so is to promote a relevant product, or (ii) the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect. (2) In subsection (1) “relevant product” means— (a) a tobacco product, (b) a herbal smoking product, (c) a smoking related product, (d) a vaping product, or (e) a nicotine product. (3) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both. (4) In this section “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit. Free distribution of products: defences 8B (1) Where a person is charged with an offence under section 8A of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority. (2) The Scottish Ministers may by regulations create further defences to the offence under section 8A of giving away a vaping product or nicotine product or a coupon for such a product. (3) Regulations under this section may amend this Part. (2) In section 40 of that Act (orders and regulations), in subsection (4), at the appropriate place insert— section 8B . (3) In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 omit section 18.
65 Free distribution and discount of products
(1) In the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), after section 8 insert— Free distribution etc Free distribution and discount of products 8A (1) A person commits an offence if— (a) the person— (i) gives away a product or coupon to a member of the public or sells by retail a product or coupon at a substantial discount, or (ii) causes or permits that to happen, and (b) either— (i) their purpose in doing so is to promote a relevant product, or (ii) the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect. (2) In subsection (1) “relevant product” means— (a) a tobacco product, (b) a herbal smoking product, (c) a smoking related product, (d) a vaping product, or (e) a nicotine product. (3) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both. (4) In this section “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit. Free distribution of products: defences 8B (1) Where a person is charged with an offence under section 8A of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority. (2) The Scottish Ministers may by regulations create further defences to the offence under section 8A of giving away a vaping product or nicotine product or a coupon for such a product. (3) Regulations under this section may amend this Part. (2) In section 40 of that Act (orders and regulations), in subsection (4), at the appropriate place insert— section 8B . (3) In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 omit section 18.
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