Section 65 Free distribution and discount of productsI1I2

In the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3), after section 8 insert—

“Free distribution etc

Free distribution and discount of products

8A

(1)

A person commits an offence if—

(a)

the person—

(i)

gives away a product or coupon to a member of the public or sells by retail a product or coupon at a substantial discount, or

(ii)

causes or permits that to happen, and

(b)

either—

(i)

their purpose in doing so is to promote a relevant product, or

(ii)

the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect.

(2)

In subsection (1) “relevant product” means—

(a)

a tobacco product,

(b)

a herbal smoking product,

(c)

a smoking related product,

(d)

a vaping product, or

(e)

a nicotine product.

(3)

A person who commits 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.

(4)

In this section “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit.

Free distribution of products: defences

8B

(1)

Where a person is charged with an offence under section 8A of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority.

(2)

The Scottish Ministers may by regulations create further defences to the offence under section 8A of giving away a vaping product or nicotine product or a coupon for such a product.

(3)

Regulations under this section may amend this Part.”

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

• “section 8B”.

In the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 omit section 18.