Section 64 Displays of vaping and nicotine productsI1I2

The Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3) is amended as follows.

After section 3 insert—

“Display of products or prices

3A

(1)

The Scottish Ministers may by regulations impose prohibitions, requirements or limitations on retailers in relation to—

(a)

the display, in the course of business, of relevant products in a place where those products are offered for sale;

(b)

the display, in the course of business, of empty retail packaging of relevant products in a place where those products are offered for sale;

(c)

the display, in the course of business, of prices of relevant products in a place where those products are offered for sale.

(2)

In subsection (1) “relevant products” means—

(a)

herbal smoking products,

(b)

vaping products, or

(c)

nicotine products.

(3)

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.

(4)

Regulations under this section may create offences in relation to a failure to comply with the regulations.

(5)

The regulations must provide for any offence to be triable summarily and punishable with a fine not exceeding level 4 on the standard scale.

(6)

For the purposes of subsection (1), a website is not a place.

(7)

Before making regulations under this section the Scottish Ministers must consult any persons they consider it appropriate to consult.”

In each of the following provisions after “Chapter 1 or 2” insert “or any regulations made under those Chapters”—

• section 15(3)(d) and (4)(b);

• section 16(3)(a);

• section 26(2)(a);

• section 27(1);

• section 32(1) and (4).

In section 26(2)(b), after “Chapters” insert “or any regulations made under those Chapters”.

In section 33 (presumption as to contents of container), in subsection (1), at the end insert “or under regulations made under section 3A”.

In section 34 (offences by bodies corporate etc), in subsection (1)(a), after “this Act” insert “or regulations made under it”.

In section 40 (orders and regulations), in subsection (4), at the appropriate place insert—

• “section 3A(1)”.