Section 59 Ban on sales of snus etcI1

After section 9A of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) (inserted by section 58 of this Act) insert—

“Ban on sales of snus etc

9B

(1)

It is an offence to—

(a)

sell a relevant oral tobacco product, or

(b)

offer or expose a relevant oral tobacco product for sale.

(2)

In subsection (1) “relevant oral tobacco product” has the meaning given by section 9A(2).

(3)

It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to avoid the commission of the offence.

(4)

A person guilty of an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.”