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New tobacco and e-cigarettes rules come into force

http://www.webmd.boots.com/smoking-cessation/news/20151001/new-tobacco-and-e-cigarettes-rules

1st October 2015 – A raft of new rules about tobacco, e- cigarettes and smoking come into effect in England and Wales today.

The new changes concern selling e-cigarettes to people under 18, adults buying tobacco products and e-cigarettes for minors, and smoking in vehicles when under-18s are present.

The new regulations coincide with the start of Stoptober, the annual mass attempt to encourage people to quit smoking.

Here is our brief guide to the changes.

Smoking in cars with children

From 1st October 2015, it is illegal to smoke in a private vehicle carrying someone under the age of 18.

The change in the law aims to protect children from exposure to smoke in cars that can be 11 times more concentrated than in a smoky bar.

It is also now illegal for a driver – including a driver with a provisional licence – not to stop someone smoking in an enclosed car when an under-18 is present.

The rules do not apply to a convertible car as long as the roof is completely retracted and stowed. However, the rules DO apply even if a car has an open sunroof.

The rules apply to motorhomes and campervans when they are being used as a vehicle, but do not apply when they are being used as living accommodation.

The new rules do not apply to ‘vaping’ with e-cigarettes.

The rules do not apply to work vehicles or public transport as these are already covered by smoke-free legislation.

The police will be responsible for enforcing the law and can issue a fixed penalty notice of £50 for each offence.

Welcoming the changes in a statement, Neena Modi, president of the Royal College of Paediatrics and Child Health, says: “A ban on smoking in cars will help safeguard the 300,000 children or more, going to their GP with smoking related illnesses such as bronchitis and pneumonia. It will also go some way to help reduce sudden infant deaths and asthma, which have strong links to passive smoking.”

Age of sale for e-cigarettes

It is now illegal in England and Wales to sell e-cigarettes to anyone under the age of 18.

The regulations spread wider than just e-cigarettes to include any nicotine inhaling product.

The law has been changed because of concern that e-cigarettes may appeal to young people and act as a ‘gateway’ to smoking regular cigarettes.

A study published by Liverpool John Moores University in April 2015 found that 1 in 5 teenagers had tried e-cigarettes, and that around 16% of teenagers who had tried ‘vaping’ had never smoked normal cigarettes.

From the 1st October 2015, anyone found guilty of selling e-cigarettes to a minor could face a fine of up to £2,500 on conviction at a magistrates’ court.

The law also gives the authorities powers to ban persistent offenders from selling e-cigarettes, other nicotine inhaling products or tobacco for a period of up to one year.

Proxy purchasing

From the 1st October 2015 it became illegal in England and Wales for someone over the age of 18 to buy, or attempt to buy, tobacco or e-cigarettes for someone under the age of 18.

This practice is known as ‘proxy purchasing’.

Trading standards officers will be responsible for enforcing the law and will be able to issue fixed penalty notices to retailers. Failure to pay could lead to prosecution in a magistrates’ court.

The law is changing to reflect the extra danger posed by second-hand smoke to children because they breathe more rapidly and have less developed airways, lungs and immune systems.

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