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The Department for Environment, Food and Rural Affairs (Defra) has released further details on its implementation of the upcoming disposable vapes ban, due in June.

What is the definition of a disposable vape?

The new details clarify the definition of a disposable vape. It states that, for a vape to be considered reuseable, it must be both rechargeable and refillable.

It goes on to explain that a vape is not considered reuseable, if it is: rechargeable but not refillable, or refillable but not rechargeable. And that a vape is not considered rechargeable if it has a battery you cannot recharge or a coil you cannot buy separately and easily replace. Also, a vape is not considered refillable if it has a single-use container, such as a pre-filled pod, that you cannot buy separately and replace, and you cannot refill the container.

To be reusable, a vape must have a battery you can recharge, and be refillable with vape liquid (up to a maximum of 10ml).

If the vape has a coil, it must be one that can be replaced by an average user – this includes any part of the product that heats or generates a vapour when interacting with the product’s ingredients.

The vape may be refilled by either filling up the tank or cartridge with e-liquid and inserting new pre-filled pods.Refills (pods or vape liquid refill bottles) should be separately available for users to buy.

If the vape has a coil, it may be replaced by either removing and replacing it, or removing and replacing a pod or tank that contains it. The coil (whether part of a replacement pod or tank, or not) should be separately available to buy.

What happens if I’m caught selling disposable vapes after 1 June?

The penalties differ from country to country. In England, local authority Trading Standards will lead on enforcing the ban within their area.

In the first instance, enforcement authorities will apply civil sanctions (non-criminal penalties) such as a:

  • stop notice
  • compliance notice
  • fine of £200
  • Trading Standards will be able to seize any single-use vapes they find.

If you continue to supply, offer to supply or have in your possession to supply single-use vapes, you may be charged with an unlimited fine, a prison sentence of up to 2 years, or both. You may also receive an additional cost recovery notice, where you must pay the costs incurred by Trading Standards while investigating your offence. This includes investigative, administrative and legal costs.

Local authorities in Wales will lead on enforcing the ban. Enforcement authorities may apply civil sanctions such as:

  • a fixed fine of £200 or a variable fine of more than £200
  • an enforcement cost recovery notice 
  • a non-compliance penalty
  • a stop notice

In Scotland, local authorities will lead on enforcing the ban. They’ll report criminal cases to the Crown Office and Procurator Fiscal Service (COPFS), who are responsible for prosecuting offences under the regulations. If you’re found guilty of supplying, offering to supply or having in your possession for supply single-use vapes, you’ll be subject on summary conviction to a fine of up to £5,000. On further conviction of these offences, you may face up to 2 years in prison or be subject to a fine, or both. If you fail to follow an enforcement requirement without a reasonable excuse, you’ll be subject to a fine of up to £5,000.

In Northern Ireland, if you’re found guilty of supplying, offering to supply or having in your possession to supply single-use vapes, you may receive a fine of up to £5,000 on summary conviction in a Magistrates’ Court. On further conviction of this offence in a Crown Court, you may face a prison sentence of up to 2 years, a fine, or both. If you fail to provide information that an enforcement body asks for, you may receive a fine on summary conviction of up to £5,000 in a Magistrates’ Court.

What can I do with stock leftover after 1 June 2025?

From 1 June 2025, if you possess any leftover single-use vaping products, you’ll need to: 

  • separate them from other goods 
  • label them as unsellable  
  • remove them from your shopfloor or online store until they’ve been collected by a registered vape recycling service 

The new guidance confirms what the Association of Convenience Stores (ACS) has been telling its members about responsible vape selling, including responsibilites regarding recycling, underage sales and the new take-back service.

The ACS guide to responsible vape retailing can be viewed here