Introduction of an enabling law to regulate vapes

The Committee for Health & Social Care - P.2024/26

The States is asked to decide:-

Whether, after consideration of the Policy Letter entitled "Introduction of an Enabling Law to Regulate Vapes," dated 8 th April 2024, it is of the opinion:-

1.   To agree that a framework to legally define vapes and regulate their importation, advertisement, sale, supply and consumption should be implemented through the creation of an enabling Law.

2.   To agree that the enabling Law includes powers for Ordinances to be made to create offences in relation to the importation, advertisement, sale, supply and consumption of vapes.

3.   To agree than an Ordinance be enacted under the enabling Law:

a)    introducing a ban on the sale and supply of vapes to individuals under 18 years old by making it a criminal offence;

b)    prohibiting the advertisement of vapes in or on premises where they are sold or supplied by making it a criminal offence;

c)    introducing a licence scheme for vape sellers that is similar to the licence scheme for tobacco products;

d)   prohibiting the importation, sale and supply, including the free supply, of disposable vapes, by making it a criminal offence, subject to exemptions such as those set out in paragraphs 4.17 to 4.20 of this policy letter; and

e)   giving the Committee forHealth & Social Care power to make regulations to prescribe exemptions, exceptions and defences in relation to the relevant offences where appropriate.

4.    To direct the preparation of such legislation as may be necessary to give effect to the above decisions.