Selling tobacco, herbal smoking products and cigarette papers

Summary

From 1 January 2027, it will be an offence to sell tobacco products, herbal smoking products and cigarette papers to anyone born on or after 1 January 2009.

It will also be an offence for anyone aged 18 or over to buy, or attempt to buy, tobacco products, herbal smoking products or cigarette papers on behalf of a person born on or after 1 January 2009.

It is currently a legal requirement for retailers to display a notice that is visible at points of sale to inform customers about the age of sale for tobacco products. This requirement will remain in place. From 1 January 2027, this notice must be updated to include information about the new age of sale.

This guidance explains:

• the age of sale restrictions for tobacco products, herbal smoking products and cigarette papers across the UK from 1 January 2027
• age of sale notice requirements for tobacco retailers from 1 January 2027
• restrictions on the free distribution of these products from 29 October 2026
• restrictions on selling these products at substantial discounts from 29 October 2026

This guidance is mainly intended for retailers, who will need to understand the changes in the law. It may also be useful for:

• wholesalers
• business owners
• enforcement authorities
• people who use these products

Nations in scope

This guidance applies to England, Wales, Scotland and Northern Ireland. The penalties for committing an offence may differ across jurisdictions.

Products in scope

The products in scope of the restrictions are:

• tobacco products
• herbal smoking products
• cigarette papers

For tobacco products, this includes but is not limited to:

• cigarettes
• hand rolling tobacco
• cigars
• cigarillos
• pipe tobacco
• waterpipe tobacco, such as shisha
• nasal tobacco, commonly known as snuff
• chewing tobacco
• heated tobacco
• tobacco blunts

For herbal smoking products, this includes but is not limited to:

• herbal blunts
• herbal cigarettes
• herbal shisha

Snus and other relevant oral tobacco products (as defined in section 7 of the Tobacco and Vapes Act 2026) have been banned in the UK since 1992. The new age of sale does not apply to these products.

Age of sale

From 1 January 2027, it will be an offence for retailers, including online retailers, to sell tobacco products, herbal smoking products or cigarette papers to anyone born on or after 1 January 2009.

Before making a sale, retailers must be satisfied that the customer was born before 1 January 2009.

Selling to someone under the age of sale is a criminal offence and may result in formal action, including the issuing of a fixed penalty notice (FPN) or prosecution.

Customers attempting to buy tobacco products, herbal smoking products or cigarette papers should expect to show ID if they are asked to prove they are above the age of sale.

For further information on age of sale, see:

• section 1 of the Tobacco and Vapes Act 2026 for England and Wales
• section 4 of the Tobacco and Primary Medical Services (Scotland) Act 2010 for Scotland
• article 3 of the Health and Personal Social Services (Northern Ireland) Order 1978 for Northern Ireland

The current restrictions on displays of tobacco products and prices will remain in place. Subject to parliamentary approval, there will be some changes in England, Wales and Northern Ireland to account for the new age of sale. Retailers can currently only accept a request to see a product or price list from someone aged 18 or over. This will change so that retailers can only accept a request from someone born before 1 January 2009.

Age verification

If a retailer is unsure whether a customer attempting to buy tobacco products, herbal smoking products or cigarette papers was born before 1 January 2009, they should verify the customer’s age.

The new age of sale is based on a fixed date, so retailers will only need to establish whether the customer’s date of birth is before 1 January 2009. This is different from other age-restricted products, where retailers need to calculate the customer’s age from their date of birth.

Age verification in England, Wales and Northern Ireland

Regulations will set out the steps that retailers in England, Wales and Northern Ireland can take to verify that the customer was born before 1 January 2009. By taking these steps, retailers can ensure they have a defence if they are accused of committing an age of sale offence. This means that if a retailer can prove to a court that they have taken these steps, the court should not convict them. These regulations will be debated in Parliament in due course. We will update this guidance with further information on age verification.

Retailers will also have a defence if they can prove they otherwise took all reasonable steps to avoid committing an offence.

Age verification in Scotland

In Scotland, retailers selling tobacco products are legally required to operate an age verification policy and must have regard to the Scottish Government Age verification guidance.

From 29 October 2026, retailers selling herbal smoking products must also operate an age verification policy in the same way.

Legislation in Scotland sets out the forms of identification which can be used to verify a customer’s age.

There is a defence available if the person believed the customer was born on or after 1 January 2009 having checked an approved form of identification listed in the legislation.

Enforcement of age of sale

Penalties for selling to underage customers

From 1 January 2027, it will be an offence for a person to sell tobacco products, herbal smoking products or cigarette papers to someone born on or after 1 January 2009.

From 1 January 2027, if a person commits an offence of selling tobacco products, herbal smoking products or cigarette papers to an underage person, they can receive an FPN of £200 in England, Wales and Scotland. In Northern Ireland, subject to approval by the Northern Ireland Assembly, a person can receive a £250 FPN for committing this offence.

Alternatively, a person who commits this offence may receive a larger fine on summary conviction. A summary conviction is a finding or plea of guilt for a crime in a magistrates’ court in England, Wales and Northern Ireland or in a justice of the peace court or the sheriff court in Scotland.

Any fine that is issued can be up to level 4 on the standard scale for summary offences (currently £2,500) in England, Wales and Scotland. In Northern Ireland, the fine can be up to level 5 on the standard scale (currently £5,000). For more information about standard scales, see:

• section 122 of the Sentencing Act 2020 for England and Wales
• section 225 of the Criminal Procedure (Scotland) Act 1995
• The Fines and Penalties (Northern Ireland) Order 1984

It will be for the relevant enforcement authorities to determine the most appropriate enforcement action, including whether to issue an FPN or pursue prosecution.

For further information on FPNs, see the guidance Tobacco, vaping and nicotine products: fixed penalty notices. 

Reporting illegal sales

If you suspect that someone is selling tobacco products, herbal smoking products or cigarette papers to underage people, contact your:

• local trading standards office in England, Wales and Scotland
• local council in Northern Ireland

Age of sale notices

Notice requirements

Retailers are responsible for displaying an age of sale notice in a prominent place, which is visible at each point of sale of tobacco products.

From 1 January 2027, the requirements for tobacco age of sale notices will change to align with the amended age of sale. From this date, retailers who sell tobacco products on premises across the UK will have to display a notice reading:

It is illegal to sell tobacco products to anyone born on or after 1 January 2009

In Wales, the notice must also contain the Welsh, in addition to the English:

Mae’n anghyfreithlon gwerthu cynhyrchion tybaco i unrhyw un a anwyd ar neu ar ôl 1 Ionawr 2009

Figure 1: example notice for England, Scotland and Northern Ireland

Figure 1 is a rectangular sign with a red border and black text.

Figure 2: example notice for Wales

Figure 2 is a bilingual rectangular sign in Welsh and English with a red border and black text.

For further information on age of sale notices, see:

• section 5 of the Tobacco and Vapes Act 2026 for England
• section 6 of the Tobacco and Vapes Act 2026 for Wales
• section 8 of the Tobacco and Primary Medical Services (Scotland) Act 2010 for Scotland
• article 4D of the Health and Personal Social Services (Northern Ireland) Order 1978 for Northern Ireland

Size requirements for notices

Retailers are responsible for making sure that notices are printed to the appropriate size. Retailers can produce and display a notice different to the example provided in this guidance, as long as the minimum size requirements are met.

In England, Scotland and Northern Ireland, subject to parliamentary approval of regulations, the notices will be required to be a minimum size of 297 millimetres (mm) by 420mm (A3 size), with each character no smaller than 21mm in height.

In Wales, subject to approval by the Senedd of regulations, the notices will be required to be a minimum size of 297mm by 420mm (A3 size), with each letter or number no smaller than 12mm in height.

Subject to parliamentary approval, the same wording and size requirements will apply to the age of sale notices that bulk tobacconists must display at the entrance to their tobacco areas in England, Wales and Northern Ireland to qualify for display exemptions. Further details on bulk tobacconists and these exemptions can be found in:

• The Tobacco Advertising and Promotion (Display) (England) Regulations 2010
• The Tobacco Advertising and Promotion (Display) (Wales) Regulations 2012
• The Tobacco Advertising and Promotion (Display) Regulations (Northern Ireland) 2012

Enforcement of age of sale notices

From 1 January 2027, retailers who fail to display the required age of sale notice outlined in the sections above may receive:

• an FPN of £200 in England, Wales and Scotland, or £100 in Northern Ireland
• a larger fine on summary conviction up to level 3 on the standard scale (currently £1,000) in England, Wales, Scotland and Northern Ireland

For further information on FPNs, see the guidance ‘Tobacco, vaping and nicotine products: fixed penalty notices’.

Proxy purchasing

From 1 January 2027, it will be an offence for anyone aged 18 or over to buy, or attempt to buy, tobacco products, herbal smoking products or cigarette papers on behalf of someone who was born on or after 1 January 2009. This is known as proxy purchasing.

All retail staff should be alert to prevent proxy purchasing. Staff should be trained to identify situations where a customer may be attempting to buy these products for someone who is underage.

If staff suspect proxy purchasing, they should refuse the sale.

For further information on proxy purchasing, see:

• section 2 of the Tobacco and Vapes Act 2026 for England and Wales
• section 6 of the Tobacco and Primary Medical Services (Scotland) Act 2010 for Scotland
• article 4A of the Health and Personal Social Services (Northern Ireland) Order 1978 for Northern Ireland

Enforcement of proxy purchasing

A person who commits a proxy purchasing offence may receive an FPN of £200 in England, Wales and Scotland. In Northern Ireland, subject to approval by the Northern Ireland Assembly, a person can receive a £250 FPN for committing this offence.

Alternatively, a person may receive a larger fine on summary conviction. This can be up to level 4 on the standard scale (currently £2,500) in England and Wales. In Scotland and Northern Ireland, this can be up to level 5 on the standard scale (currently £5,000).

For proxy purchases, it is the person who buys (or attempts to buy) the product on behalf of someone under the age of sale that commits the offence.

For further information on FPNs, see the guidance ‘Tobacco, vaping and nicotine products: fixed penalty notices’.

Free distribution

It is already an offence to give away any tobacco product, or coupon, to a member of the public. This offence applies if the purpose is or effect will be to promote a tobacco product.

A coupon is defined as anything that can be redeemed for a product, service, cash or any other benefit. This includes both physical and electronic forms. It can be redeemed either by itself or along with something else, such as an emailed code.

From 29 October 2026, the ban on free distribution will also apply to herbal smoking products and cigarette papers. The ban will also cover all smoking-related products in Scotland, which include:

• cigarette papers and tubes
• filters
• apparatus for making cigarettes, such as cigarette rolling machines
• cigarette holders
• pipes for smoking tobacco products

The ban on free distribution also applies to products that have the purpose or effect of promoting a tobacco product, herbal smoking product or cigarette papers, without being one of these products. For example, a lighter with tobacco product branding.

Businesses must not offer free samples or promotional product giveaways to members of the public. This applies whether in-store, online or through third-party promotions. 

Example scenarios that would constitute an offence include:

• giving away cigarette papers as a free gift
• giving free samples to customers to try

For information on how this applies to vaping and nicotine products, see the guidance Selling vaping and nicotine products.

Substantial discounts

From 29 October 2026, it will be an offence to sell tobacco products, herbal smoking products, cigarette papers or coupons for these products at a substantial discount. This offence applies if the purpose is or effect will be to promote any of these products.

A substantial discount is a price reduction that significantly lowers the cost of a product compared with its standard selling price. Whether a discount is substantial can vary depending on the product and the type of promotion. Selling products, or coupons, at a substantial discount is being banned to stop businesses trying to find a way round the free distribution offence. Selling tobacco products, herbal smoking products or cigarette papers to customers in-store or through online promotions at a nominal sum, such as 10p, would likely be an offence.

The substantial discount offence also applies to products that have the purpose or effect of promoting a tobacco product, herbal smoking product or cigarette papers, without being one of these products. For example, a lighter with tobacco product branding.

These restrictions do not affect normal discounting practices. Retailers can continue to sell unsold stock at a reduced price as part of normal business. Bulk and trade discounts may still apply.

Businesses must follow existing advertising and promotion rules when discounting products. These are outlined in the Tobacco Advertising and Promotion Act 2002 and its subsequent regulations, until these are replaced by the Tobacco and Vapes Act 2026.

For information on how this applies to vaping and nicotine products, see the guidance ‘Selling vaping and nicotine products’.

For further information on free distribution and substantial discounts, see:

• section 15 of the Tobacco and Vapes Act 2026 for England and Wales
• section 8A of the Tobacco and Primary Medical Services (Scotland) Act 2010 for Scotland
• article 4L of the Health and Personal Social Services (Northern Ireland) Order 1978 for Northern Ireland (available from 29 October 2026)

Enforcement of free distribution and substantial discounts

A person who commits an offence of freely distributing a product or selling a product at a substantial discount may receive an FPN of £200 in England, Wales and Scotland. In Northern Ireland, subject to approval by the Northern Ireland Assembly, a person can receive a £250 FPN for committing this offence.

For further information on FPNs, see the guidance ‘Tobacco, vaping and nicotine products: fixed penalty notices’.

Alternatively, a person can receive a summary conviction or conviction on indictment. Conviction on indictment is a finding or plea of guilt in the Crown Court in England, Wales and Northern Ireland or in solemn proceedings before the sheriff court or the High Court in Scotland. 

In England and Wales, on summary conviction, the maximum punishment is 12 months in prison, a fine not exceeding the statutory maximum, or both. On conviction on indictment, a person may receive an unlimited fine, or imprisonment for a term of up to 2 years, or both.

In Scotland, a person found guilty of an offence on summary conviction may receive a fine of up to £10,000 or imprisonment for a term of up to 12 months, or both. On indictment, they may receive an unlimited fine, or imprisonment for a term of up to 2 years, or both.  

In Northern Ireland, on summary conviction, the maximum punishment is 6 months in prison, a fine not exceeding the statutory limit, or both. A person found guilty on conviction on indictment can be sentenced to imprisonment for up to 2 years and they may also receive an unlimited fine or face both penalties.

Who can sell tobacco products, herbal smoking products and cigarette papers

In England, Wales and Northern Ireland, there are no additional restrictions on the age a person must be to sell tobacco products, herbal smoking products or cigarette papers beyond the restrictions for child employment generally. For more information, see Child employment: minimum ages children can work.

In Scotland, anyone under the age of 18 must have written authorisation from the registered person for the premises to sell tobacco products and cigarette papers. From 29 October 2026, this will include herbal smoking products. The authorisation must be recorded and kept at the premises where sales are made. A responsible person who breaches these requirements commits an offence. The responsible person is defined in section 4C(2) of the Tobacco and Primary Medical Services (Scotland) Act 2010. 

For more information on what must be included in an authorisation in Scotland, see The Sale of Tobacco and Nicotine Vapour Products by Persons Under 18 (Scotland) Regulations 2017.

For information on how this applies to vaping and nicotine products, see the guidance ‘Selling vaping and nicotine products’.

Non-retail sales

The new age of sale restriction applies to retail sales only. It does not apply to business-to-business sales (wholesale) or sales to an organisation.

For example, someone born on or after 1 January 2009 can:

• work in a retail business and buy tobacco products, herbal smoking products and cigarette paper stock from a wholesaler
• work for a research organisation and buy tobacco products, herbal smoking products and cigarette papers for scientific purposes

However, a retailer cannot sell to someone underage for their personal use.

Duty free

Duty free sales in the UK are subject to UK age of sale restrictions.

If tobacco products, herbal smoking products or cigarette papers are bought outside the UK, the local age of sale applies.

For guidance on bringing tobacco products into the UK from abroad, see:

• Bringing goods into the UK for personal use: arriving in Great Britain (England, Wales and Scotland)
• Bringing goods into the UK for personal use: arriving in Northern Ireland
• Bringing goods into the UK for personal use: travelling between Great Britain and Northern Ireland

Enforcement for persistent offenders

In England and Wales, retailers who commit relevant offences on at least 3 occasions within 2 years can receive a restricted sale order or a restricted premises order. These orders ban a person or a premises from selling certain products for up to 12 months.

In Northern Ireland, retailers may be subject to a restricted premises order or restricted sales order if they commit 3 relevant offences within a 5-year period. These orders last for a period specified in the order, which must not be less than 28 days or more than 3 years.

In Scotland, retailers who commit relevant offences on at least 3 occasions within 2 years from specified premises may be made subject to a banning order. This bans them from selling relevant products from the specified premises for up to 2 years.