Section 3A Display of products or pricesF1
The Scottish Ministers may by regulations impose prohibitions, requirements or limitations on retailers in relation to—
the display, in the course of business, of relevant products in a place where those products are offered for sale;
the display, in the course of business, of empty retail packaging of relevant products in a place where those products are offered for sale;
the display, in the course of business, of prices of relevant products in a place where those products are offered for sale.
In subsection (1) “relevant products” means—
herbal smoking products,
vaping products, or
nicotine products.
In subsection (1)(a) a reference to a product includes anything that represents the product and that is intended to be exchanged for it at the point of sale.
Regulations under this section may create offences in relation to a failure to comply with the regulations.
The regulations must provide for any offence to be triable summarily and punishable with a fine not exceeding level 4 on the standard scale.
For the purposes of subsection (1), a website is not a place.
Before making regulations under this section the Scottish Ministers must consult any persons they consider it appropriate to consult.
Annotations
Textual amendments
- F1
S. 3A inserted (29.4.2026 for specified purposes, 29.10.2026 in so far as not already in force) by Tobacco and Vapes Act 2026 (c. 18), ss. 64(2), 175(1)(2)
Notes on Part 1
Textual amendments
- F1
Pt. 1 heading substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 8 para. 2 (with Sch. 8 para. 20)
- F2
Words in Pt. 1 heading inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(7), Sch. 9 para. 2; S.S.I. 2026/210, reg. 2(1)
Notes on Chapter 1
Textual amendments
- F1
Pt. 1 Ch. 1 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(1), 36(2); S.S.I. 2017/12, reg. 2, sch.