# Tobacco and Vapes Act 2026, Section 10: Sale of vaping or nicotine products to under 18s

Extent: E+W

(1) It is an offence to sell a vaping product or nicotine product to a person who is under the age of 18.
(2) It is a defence for a person charged with an offence under this section to prove—
(a) that they took such steps as may be specified in regulations made by the Secretary of State to verify that the customer was at least 18 years old, or
(b) that they otherwise took all reasonable steps to avoid the commission of the offence.
(3) Before making regulations under subsection (2)(a) the Secretary of State must obtain the consent of the Welsh Ministers if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.
(4) Regulations under subsection (2)(a) are subject to the affirmative resolution procedure.
(5) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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Source: https://www.legislation.gov.uk/ukpga/2026/18/section/10 (the official version)
Page: https://openlegislation.uk/tobacco-and-vapes-act-2026/section-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.