Tobacco Age Change - Frequently Asked Questions (FAQ's)

Q. When does the change in the law come into effect?
A. Monday 1st October 2007.

Q. What is the change in the law?
A. From 1st October 2007 it will be illegal to sell tobacco products to anyone under the age of 18 (previously 16) in England and Wales. It is expected that the change in law will also take place in Scotland from the same date.

Q. Who does the law apply to?
A. The law applies to any person or trader who sells tobacco products. Both the actual sales person and the business owner could be prosecuted for any illegal sales. It does not matter if it was believed that the purchase was being made on behalf of an adult or if the person looked like they were over 18.

Q. What is the aim of the change in law for selling tobacco?
A. Most addicted adult smokers begin as teenagers. This change in law is to help prevent children and young people from starting to smoke and therefore avoiding the serious health dangers of smoking.

Q. What sort of products does this law cover?
A. The law covers all tobacco products, including cigarettes, cigars, loose rolling tobacco and rolling papers. This applies both to over the counter and vending machine sales.

Q. What will businesses need to do to comply with the law?
A. As well as not selling to children and young people under the age of 18, retailers will be required by law to display a sign reflecting the change in age of sale for tobacco products. This applies both to over the counter and vending machine sales. More detailed information about the signage requirements can be found on www.tobaccoagechange.co.uk under downloads and resources.

Q. What are the penalties for non-compliance?
A. The penalties for non-compliance will be the same as they are now. Selling tobacco products to someone under the legal age (18 from 1st October) can result in a fine of up to £2,500. Failing to display the statutory notice can result in a fine of up to £1,000. This applies both to over the counter and vending machine sales.

Q. Who will be enforcing the legislation?
A. Trading Standards Officers will continue to enforce the law relating to the sale of tobacco products to under-age consumers, as they do currently.

18 and 19 year olds who want to buy cigarettes are advised to carry an accredited proof of age card or other valid form of ID (passport, photo driving licence) to prove their age.

Q. Why should the onus just be on retailers?
A. As a retailer you are in a position of responsibility to the community you serve. Smoking tobacco is highly addictive and dangerous to health, so if you sell tobacco products you have to comply with a number of legal duties, one of which is not to sell them to those under the minimum age. You will be doing your bit to help prevent children and young people from starting to smoke and therefore avoiding the serious health dangers of smoking.

Q. What help is available for those that want to stop smoking?
A. For those who want to stop smoking, the NHS offers a range of services that can help them: