Section 80 Sale of vaping or nicotine products to under 18sI1I2

After Article 4G of Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) (inserted by section 79 of this Act) insert—

“Vaping and nicotine products

Sale of vaping or nicotine products to under 18s

4H

(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 Article to prove—

(a)

that they took such steps as may be specified in regulations made by the Department 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)

Regulations may not be made by the Department under paragraph (2)(a) unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.

(4)

A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”