Current status: Answered by Jenni Minto on 18 August 2025
To ask the Scottish Government whether it plans to introduce any further measures to reduce the impact of illicit trade of tobacco and nicotine vape products on businesses and communities in Scotland.
The illicit trade of tobacco and vapes falls largely under subject matters which are reserved to the UK Government.
However, the Tobacco and Vapes retail register has been an asset to enforcement authorities in Scotland for over 15 years and a banning order can be granted on the basis of 3 or more relevant enforcement actions, one of these being a conviction for an offence of selling counterfeit goods. Through the Tobacco and Vapes Bill, if passed, the retail register will be expanded to cover nicotine products, such as pouches, and herbal smoking products.
Part 5 of the Tobacco and Vapes Bill contains a suite of regulation making powers to enable requirements to be set in relation to product standards, including packaging and features of products, to enable establishment of a registration scheme for products and for information to be provided to support registration and check for compliance with product standards, and for testing of products for quality and safety.
The powers are exercisable by the Secretary of State but any regulations made under Part 5 of the Bill which contain devolved provision require the consent of the Scottish Ministers and my officials will work closely with officials across the other nations in connection with any such regulations.