Part 1Tobacco and nicotine vapour products etc.
Chapter 1Display, sale and purchase
F1Free distribution etc
8AFree distribution and discount of products
(1)
A person commits an offence if—
(a)
the person—
(i)
gives away a product or coupon to a member of the public or sells by retail a product or coupon at a substantial discount, or
(ii)
causes or permits that to happen, and
(b)
either—
(i)
their purpose in doing so is to promote a relevant product, or
(ii)
the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect.
(2)
In subsection (1) “relevant product” means—
(a)
a tobacco product,
(b)
a herbal smoking product,
(c)
a smoking related product,
(d)
a vaping product, or
(e)
a nicotine product.
(3)
A person who commits an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
(4)
In this section “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit.