Part 1Tobacco products etc.
Chapter 1Display, sale and purchase of tobacco products
Display of tobacco products etc.
1Prohibition of tobacco displays etc.
1
A person who in the course of business displays or causes to be displayed tobacco products or smoking related products in a place where tobacco products are offered for sale commits an offence.
2
A person does not commit an offence under subsection (1) if the display—
a
is in a specialist tobacconist,
b
does not include cigarettes or hand-rolling tobacco, and
c
complies with any prescribed requirements.
3
A person does not commit an offence under subsection (1) if—
a
the tobacco products or smoking related products are displayed in the course of a business involving the sale of tobacco products only to persons who carry on a tobacco business (or their employees), and
b
the display complies with any prescribed requirements.
4
The Scottish Ministers may provide in regulations that no offence is committed under subsection (1) in relation to a display of tobacco products or smoking related products which complies with requirements specified in the regulations.
5
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
6
For the purposes of subsection (1), a website is not a place.
7
In subsection (2), “specialist tobacconist” has the meaning given by section 6(2) of the Tobacco Advertising and Promotion Act 2002 (c.36).