Display restrictions to products and prices for herbal smoking products, heated tobacco devices, vaping and nicotine products in Scotland - Partial Business and Regulatory Impact Assessment

Section 4: Additional implementation considerations

Enforcement and compliance

Trading Standards Officers in Local Authorities in Scotland will be the enforcement body for these proposals. There will be costs to Scotland’s 32 local authorities in terms of familiarising their staff with regulations, and in terms of using time during visits to businesses to establish whether regulations are being followed. Many of the retailers already selling tobacco products also sell vapes and nicotine products, therein not increasing the overall number of retailers that require enforcement visits.

Work is being undertaken with retail organisations, such as the Scottish Grocers Federation, to ensure that those selling these products are aware of the proposals. A communication strategy is in place, including newsletters, to provide information on the changes resulting from the 2026 Act. Both awareness-raising activities and the communications strategy are intended to support compliance with any future proposals.

To help inform estimates and cost implications to local authorities in Scotland the Scottish Government is working with the Society of Chief Officers of Trading Standards to support effective enforcement of the policy. Following the initial consultation and partial BRIA, work will continue with stakeholders to help finalise costing estimates to support enforcement of the policy.

UK, EU and International Regulatory Alignment and Obligations

Internal Market/ Intra-UK Trade

These proposals are not considered to give rise to Internal Market implications.

International Trade Implications

We will continue to assess the need for WTO notification as policy develops and will provide an update in the final BRIA. It is assumed that these regulations will reduce sales of the products in scope, which in turn may affect the imports of businesses affected and thus international trade. Import and export statistics for the specific products that are in scope are not available, but it is assumed that several of the products affected are likely to be commonly imported from outside the UK.

Therefore, a reduction in their sales may reduce aggregate imports. However, the net effect in international trade will depend on the substitute goods consumers choose to buy and the extent to which they are imported.

Whilst it is not possible to estimate the exact impact on international trade, the impact of these regulations is expected to be minor.

EU Alignment consideration

These proposals are not likely to impact on the Scottish Government’s policy to maintain alignment with the EU.

Legal Aid

There is no expectation that this will have an effect of Legal Aid.

Digital impact

It is considered that this will have a limited digital impact; however, views on this assumption are welcomed as part of the ongoing development of the BRIA.

Business forms

There are no expected changes to the returns needed from business.