Retailer FAQs

You may have a few questions regarding the change in the law. The most frequently asked questions are answered here.

General

When did the change in the law come into effect?
Monday 1 October 2007.

What is the change in the law?
From 1st October 2007 it became illegal to sell tobacco products to anyone under the age of 18 (previously 16) in Scotland.

Who does the law apply to?
The law applies to any person or trader who sells tobacco products. Both the actual sales person and the business owner could be prosecuted for any illegal sales. It does not matter if it was believed that the purchase was being made on behalf of an adult or if the person looked like they were over 18.

What is the aim of the change in law for selling tobacco?
This change in law is to help prevent children and young people from starting to smoke and therefore avoiding the serious health dangers of smoking.

What sort of products does this law cover?
The law covers all tobacco products, including cigarettes, cigars, loose rolling tobacco and rolling papers. This applies to both over the counter and vending machine sales.

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Compliance

What will businesses need to do to comply with the law?
As well as not selling to children and young people under the age of 18, retailers are required by law to display a sign reflecting the change in age of sale for tobacco products. This applies to both over the counter and vending machine sales. Read more detailed information about the signage requirements.

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Penalties and enforcement

What are the penalties for non-compliance?
The penalties for non-compliance are the same as they were before. Selling tobacco products to someone under the legal age (18 from 1 October) can result in a fine of up to £2,500. Failing to display the statutory notice can result in a fine of up to £1,000. This applies to both over the counter and vending machine sales.

What changes have been made to the sanctions against retailers under this legislation?
There are no new sanctions against retailers included as part of the legislation. Existing penalties for those who sell tobacco products to someone under the legal age will apply.

Who is enforcing the legislation?
Trading Standards Officers will continue to enforce the law relating to the sale of tobacco products to under-age consumers, as they did before.

Why should the onus just be on retailers?
As a retailer you are in a position of responsibility to the community you serve. Smoking tobacco is highly addictive and dangerous to health, so if you sell tobacco products you have to comply with a number of legal duties, one of which is not to sell them to those under the minimum age. You will be doing your bit to help prevent children and young people from starting to smoke and therefore avoiding the serious health dangers of smoking.

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Stakeholders

How will you be raising awareness of the change to consumers?
A campaign has been launched to raise awareness of the change in the age of sale of tobacco products among teenagers and the wider public. The campaign consists of direct engagement with consumer and youth organisations, PR activity targeting national, regional and youth media, and online advertising.

How are you going to help retailers communicate the change to their customers? 
We will be mailing around 20,000 retailers and establishments in Scotland who sell tobacco products. Each will receive a communications pack that will include an information leaflet, A4 posters for windows, a tent card for use on a counter and stickers for staff to wear. Additional packs will also be sent to Trading Standards.

The Scottish Government has also been working in conjunction with the various trade bodies to raise awareness of the change amongst their members. There will also be PR activity in national and local press, and on local radio.

What are you doing to prevent shopkeepers from being abused by teenagers who are refused tobacco products?
Retailers are already experienced in tackling age-related issues for the sale of tobacco. The Scottish Government hopes to minimise incidents of intimidation by clearly communicating the change in the law to the teenagers affected. Communications will include direct engagement with youth organisations, PR activity targeting youth media, online advertising and a dedicated section for Under18s on this website.  

What are you doing to help 16 and 17 year olds who are already hooked on cigarettes and now won’t be able to be sold them legally?
The Public Health and Wellbeing Directorate of the Scottish Government will communicate to teenagers the range of free support and advice available from NHS smoking cessation services available across Scotland and Smokeline 0800 848484, so they can get free help to stop smoking.

Since the start of 2006, nicotine replacement therapy (NRT) has been made available on prescription to 12 - 18 year olds for the first time. As well as getting an NRT prescription from their GP, teenagers can also get NRT products from their local NHS Stop Smoking Service.

What about 18 and 19 year olds, who might now be challenged?
We will be reminding people, particularly in this age group, of the need to carry proof of age from an accredited PASS scheme.

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Saying ‘no’ to teenagers