With the recent Leave vote in the EU referendum, you may be left wondering how this will affect the new TPD rules which came into force in May. Our Regulatory and Compliance Manager, Bryn Rees, has the answers.
What happens to the TPD regulations now that the UK has voted to leave the EU?
The provisions of the TPD have now been incorporated into UK law through the Tobacco and Related Products regulations 2016 (TRPRs).
- Companies selling vaping products remain bound by these regulations unless the government decides to repeal or change them; irrespective of whether the UK leaves the EU or not.
There is obviously uncertainty regarding the future of the relationship between EU law and domestic law. But;
- If any changes to the UK’s electronic cigarette regulations occur, these changes will not be realised in the short term
- It’s unlikely that we will see any significant changes to the domestic regulations within the next two years
Now that the UK has voted to leave the EU does your local vape shop still have to purchase TPD-compliant products after 20 May 2017?
Yes.
- Currently, retailers can continue to sell non-compliant ‘existing products’ until 20 May 2017.
- From 20 May 2017, all products sold by retailers must be TPD-compliant and notified (by the producer) prior to sale.
- All non-compliant products must then be withdrawn from sale.
What happens if retailers decide to import non-compliant products and sell them after 20 May 2017?
The importing and supplying of non-compliant products after the deadline will be in breach of the regulations.
- Breach of the regulations is a criminal offence.
- The maximum penalty for a breach is 2 years’ imprisonment, an unlimited fine, or a combination thereof.
How will the UK’s vote to leave affect the products JAC offers?
Our product range will undergo some revisions over the coming months as the relevant deadlines come into force.
- Our mission is to ensure that our product range is fully compliant whilst also offering new product ranges and features that are beneficial and convenient to consumers, insofar as the law permits.
What impact will Brexit have on international customers?
- We do not anticipate any significant delays in any scenario; the UK remains geographically very close to the rest of Europe.
- And we do not anticipate that Brexit will have an impact on all other international customers.