# Tobacco and Vapes Act 2026, Section 53: Sale of unpackaged cigarettes

Extent: S

(1) The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.
(2) After section 4D insert—
“Sale of unpackaged cigarettes
4E (1) A person who sells cigarettes that are not in their original packaging commits an offence.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) In this section—
“original packaging” means the retail packaging in which the cigarettes were supplied to the person for the purpose of sale;
“sell” means sell by retail.”
(3) In section 35(1), at the appropriate place insert—
““retail packaging”, in relation to a product, means the packaging in which it is, or is intended to be, presented for sale by retail;”.

---
Source: https://www.legislation.gov.uk/ukpga/2026/18/section/53 (the official version)
Page: https://openlegislation.uk/tobacco-and-vapes-act-2026/section-53
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.