Age Verification Guidance for Tobacco, E-Cigarettes and Related Products

Age Verification for Tobacco E-Cigarettes and Related Products Guide for Vendors. As a Vendor on VegaVend, it’s crucial to understand and implement robust age verification processes for selling and delivering tobacco, e-cigarettes, and related products. This guide will provide you with essential information to ensure compliance with UK regulations and maintain a responsible business practice.

Understanding the Legal Framework and Penalties

First and foremost, it’s important to recognise that the sale of tobacco and e-cigarette products is heavily regulated in the UK. The primary legislation governing these products includes:

The Tobacco and Related Products Regulations 2016
The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015
The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016

Failure to comply with these regulations can result in severe penalties. For instance:

Selling tobacco products to someone under 18 can lead to a fine of up to £2,500
Failing to display the required warning notice about age restrictions can result in a fine of up to £1,000
For e-cigarettes, the maximum penalty for selling to someone under 18 is also £2,500

Additionally, the UK government has recently announced plans to create a “smokefree generation” by gradually increasing the legal age for purchasing tobacco products.

Implementing Robust Age Verification

To comply with these regulations and avoid penalties, you must implement a robust age verification process. Here are the key steps to follow:

Online Age Verification: Before completing a sale, you must verify that the customer is at least 18 years old. This can be done through:

Requesting and verifying official ID documents
Using third-party age verification services like VerifyMyAge
Implementing credit card checks or AI-powered age estimation tools

Point of Delivery Verification: Even after online verification, it’s crucial to verify age again at the point of delivery. Ensure your delivery partners are trained to:

Request ID from recipients who appear under 25 (Challenge 25 policy)
Refuse delivery if age cannot be verified

Record Keeping: Maintain records of age verification processes for each sale. This helps demonstrate compliance in case of audits.

Specific Requirements for Different Products

Tobacco Products

All unit packets must have unique identifiers (UIDs) and specific security features
From May 2024, you’ll need to scan tobacco products when they arrive at and leave your premises

E-cigarettes and Vaping Products

Restrict e-cigarette tanks to a capacity of no more than 2ml
Ensure e-liquids have a nicotine strength of no more than 20mg/ml
Use child-resistant and tamper-evident packaging

Advertising and Marketing Restrictions

Remember that there are strict regulations on advertising tobacco and e-cigarette products:

No advertising of e-cigarettes in press, TV, radio, or online
Tobacco advertising is completely prohibited

Penalties for Persistent Non-Compliance

If you are convicted of selling tobacco or vapes to persons under 18, and at least two other offences occurred in the preceding two years relating to the same premises, Trading Standards can apply for:

A restricted premises order: This prohibits the sale of tobacco, cigarette papers, or vapes from your premises for up to one year.
A restricted sales order: This prohibits a specific person from selling these products or having any management function related to their sale.

Staying Compliant with VegaVend

VegaVend is committed to supporting vendors in maintaining compliance. Therefore, we offer:

Regular updates on regulatory changes
A platform for transparent customer reviews and feedback

Moreover, VegaVend will periodically check your compliance with these regulations and may request that you provide proof of your age verification processes.

Implementing robust age verification processes is not just a legal requirement but also a moral obligation. By following these guidelines, you’ll not only comply with UK regulations but also contribute to responsible trading practices on VegaVend.

Remember, this guide is for informational purposes only. Always consult with legal professionals for specific advice regarding your business operations.