# Tobacco and Primary Medical Services (Scotland) Act 2010, Section 4B: Age verification policy


(1) A person commits an offence if the person—
(a) carries on a relevant business, and
(b) fails to operate an age verification policy in respect of premises at which the person carries on the relevant business.
(1A) In this section “relevant business” means a business which involves the sale of one or more of the following by retail—
(a) tobacco products;
(b) herbal smoking products;
(c) vaping products;
(d) nicotine products.
(2) Subsection (1) does not apply in relation to premises from which—
(a) a product mentioned in subsection (1A) or cigarette papers are, in pursuance of a sale, despatched for delivery to different premises, and
(b) no other relevant business is carried on.
(3) An “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy a product mentioned in subsection (1A) or cigarette papers on the premises (the “customer”) if it appears to the person selling the product that the customer may be under the age of 25 (or such older age as may be specified in the policy).
(4) The Scottish Ministers may by regulations amend the age specified in subsection (3).
(5) The Scottish Ministers may publish guidance on matters relating to age verification policies, including, in particular, guidance about—
(a) steps that should be taken to establish a customer's age,
(b) documents that may be shown to the person selling a product mentioned in subsection (1A) or cigarette papers as evidence of a customer's age,
(c) training that should be undertaken by the person selling the product mentioned in subsection (1A) or cigarette papers,
(d) the form and content of notices that should be displayed in the premises,
(e) the form and content of records that should be maintained in relation to an age verification policy.
(6) A person who carries on a relevant business must have regard to guidance published under subsection (5) when operating an age verification policy.
(7) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

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Source: https://www.legislation.gov.uk/asp/2010/3/section/4B (the official version)
Page: https://openlegislation.uk/tobacco-and-primary-medical-services-scotland-act-2010/section-4B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.