DEFRA (the Department for Environment, Food and Rural Affairs) today (20) has published more detail on the definitions of single-use or disposable vapes, the penalties for selling them after the introduction of the ban on 1 June this year, and what to do if you have stock of single use vapes.
DEFRA's new guidance confirms that from 1 June 2025, it will be illegal for businesses to sell, offer to sell or have in their possession for sale all single-use or "disposable" vapes. This applies to sales online and in shops and to all vapes whether or not they contain nicotine.
The guidance released is for importers, retail outlets, vaping product manufacturers and wholesalers.
This includes any shop or business that sells single-use vapes, such as a convenience store, market stall, petrol station, specialist vape shop and supermarket.
The restrictions of the ban are consistent across all four nations.
As mentioned in the guidance, for a vape to be considered reuseable, it must be both:
- rechargeable
- refillable
A vape is not considered reuseable, if it is:
- rechargeable but not refillable
- refillable but not rechargeable
A vape is not considered rechargeable if it has a:
- battery you cannot recharge
- coil you cannot buy separately and easily replace
The coil is the part of the vape that’s powered by the battery to produce heat, vaporising the e-liquid. With a reusable vape, you may be able to directly remove and replace the coil, or remove and replace the pod or cartridge in which the coil is encased.
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
- you cannot refill the container
The container may be in the form of:
- a capsule
- a cartridge
- a pod
- a tank
- anything designed to hold the vaping liquid and be used within the vape
To be reusable, a vape must:
- have a battery you can recharge
- be refillable with vape liquid (up to a maximum of 10ml)
Welcoming the new guidance published by the Government ahead of the introduction of a ban on single-use vapes in June, convenience store body Association of Convenience Stores (ACS) stated that DEFRA has reminded retailers of their responsibilities when it comes to vape recycling.
The ACS Selling Vapes Responsibly guide also includes advice for retailers on how to spot an illicit product, with information on all of the things to look out for on the packaging and where to check the list of legitimate products, as well as advice on preventing underage sales and the use of Challenge25 to support colleagues.
Since the start of 2024, retailers who sell vapes have been required to provide a "take-back" service for customers on a minimum of a ‘one for one’ basis (a customer can return a vape when they purchase a new one).
The DEFRA guidance clarifies that if you sell vapes, you must offer a take-back service where you accept vapes and vape parts which includes any single-use vapes returned by customers after the introduction of the ban on June 1st.
The WEEE regulations state that this take-back service must be provided on a minimum of a one-for-one basis.
Anyone selling disposable vapes from June 1 could be subject to a £200 fixed penalty notice, followed by further enforcement action if illicit activity continues. ACS’ Assured Advice on Selling Vapes Responsibly is available here:
A poster for retailers to display to communicate the ban on single use vapes is available here.
ACS also has developed a template poster to inform customers of their vape recycling service, which is available here.
