UK: Detailed TPD implementation plan

[Ron]

www.vapingpost.com/2016/04/22/uk-detailed-tpd-implementation-plan/

[car147]

Sounds to me like I always thought they are going to implement the TPD to the hilt! Only saving grace is it sounds like imports are still ok.

[Ron]

Apr 22, 2016 21:25:32 GMT car147 said:

Sounds to me like I always thought they are going to implement the TPD to the hilt! Only saving grace is it sounds like imports are still ok.

I thought the same thing when I read it

[Get Off My Cloud]

Apr 22, 2016 21:25:32 GMT car147 said:

Sounds to me like I always thought they are going to implement the TPD to the hilt! Only saving grace is it sounds like imports are still ok.

Where does it say that?
From what i see the distance selling regs noted are for UK retailers wishing to sell to other EU states or outside the EU.
Exports not imports.

I didn't read the full PDF document just the parts published on that site which deal with regs that affect UK retailers.

[car147]

I could be wrong, but thought this sounds like imports to me, Ie Fasttech etc.

Distance sales to consumers

Cross-border distance sales of tobacco products and electronic cigarettes by foreign companies to UK consumers will continue to be permitted. It requires the person to register with the Secretary of State if he/she is:

[toots]

Just read it briefly and it sounds like I won't be able to buy my DIY concentrates & possibly even VG from the UK anymore

What the hell do I do now

Gutted, absolutely gutted

[Postmodern Smoking]

Apr 23, 2016 1:09:36 GMT toots said:

Just read it briefly and it sounds like I won't be able to buy my DIY concentrates & possibly even VG from the UK anymore

What the hell do I do now

Gutted, absolutely gutted

Where does it say that toots   .... DIY concentrates are food flavourings  and VG is used in more things than e-liquid, so shouldn't be covered by the TPD.

[BrenD]

Apr 23, 2016 1:09:36 GMT toots said:

Just read it briefly and it sounds like I won't be able to buy my DIY concentrates & possibly even VG from the UK anymore

What the hell do I do now

Gutted, absolutely gutted

Concentrates and VG should be fine, you'll be buying them for baking and making toiletries, right?

[Bobsbeer]

Apr 22, 2016 21:25:32 GMT car147 said:

Sounds to me like I always thought they are going to implement the TPD to the hilt! Only saving grace is it sounds like imports are still ok.

I'm not so sure about imports from Non EU countries.  Section 47 is about Cross Border sales within the EU and does not mention those from outside. That does not mean that they are permitted without registration.  I think you then have to refer back to Section 31(1).  That clause is an overarching clause requiring all producers and suppliers to register with the Secretary of State.

31.—(1) A producer who supplies or intends to supply electronic cigarettes or refill containers

must notify the Secretary of State in accordance with this regulation.

That clause does not specify where the supplier is located, so unless specifically mentioned, as it does in Section 47 Distance sales in the case of other countries in the EU, producers and suppliers to the UK must comply with the above.  Of course there is no compulsion to register and comply, and nothing could be done with any company such as Fasttech if they didn't, it leaves the door open to HMRC intercepting the packages as they arrive in the UK, and holding them till they register, which will be never.  Not sure how Paypal would respond to a refund under those circumstances.  Hopefully my interpretation is wrong, but interesting times ahead I think.

[toots]

Postmodern Smoking & BrenD I hope you are both right and that the likes of chefs vapour, T-Juice, Decadent Vapours etc won't just bring in a blanket ban on selling their goods outside of the UK. I think that's what I'm most worried about. The fact that they are e-cig retailers would they be able to get away with saying that their concentrates are food flavourings or would they just err on the side of caution and only sell within the UK.

As for VG, I have enough problems trying to get litre bottles sent over here without needing any additional burdens on that score

[Bobsbeer]

You should be fine toots. Food flavouring even if in a mix for vaping is still food flavouring, and could be used in a cake if you wanted too. Nic will be the only problem, and we are all in that boat.

[nanotm]

the biggest problem is if its sold in a vape shop then its a vape supply and the Spanish law will take prescedence , so if spain bans cross boarder sales you cant buy from a vape store,

the way round that is to buy from somewhere else like cup cake world (food store) or in the case of VG order from a chemical or cooking supplies store, VG /pg are both legit chemicals for cooking or for homeopathy (like making soap or balms) so again can be obtained (maybe not as cheaply) from none vape sources.

my personal preference for vg + pg is to get them from clasikool (who are a food company) the flavours like anyone I order from a variety of places and the nic from whoever was cheapest when I needed it (might need to order more of that now though)

[fry]

Apr 22, 2016 21:25:32 GMT car147 said:

Sounds to me like I always thought they are going to implement the TPD to the hilt! Only saving grace is it sounds like imports are still ok.

A retailer would also have to register for each country within the EU and then pay for each product registered in each country, unlikely.

legislation

[fry]

Apr 23, 2016 7:43:16 GMT Bobsbeer said:

Apr 22, 2016 21:25:32 GMT car147 said:

Sounds to me like I always thought they are going to implement the TPD to the hilt! Only saving grace is it sounds like imports are still ok.

I'm not so sure about imports from Non EU countries.  Section 47 is about Cross Border sales within the EU and does not mention those from outside. That does not mean that they are permitted without registration.  I think you then have to refer back to Section 31(1).  That clause is an overarching clause requiring all producers and suppliers to register with the Secretary of State.

31.—(1) A producer who supplies or intends to supply electronic cigarettes or refill containers

must notify the Secretary of State in accordance with this regulation.

That clause does not specify where the supplier is located, so unless specifically mentioned, as it does in Section 47 Distance sales in the case of other countries in the EU, producers and suppliers to the UK must comply with the above.  Of course there is no compulsion to register and comply, and nothing could be done with any company such as Fasttech if they didn't, it leaves the door open to HMRC intercepting the packages as they arrive in the UK, and holding them till they register, which will be never.  Not sure how Paypal would respond to a refund under those circumstances.  Hopefully my interpretation is wrong, but interesting times ahead I think.

I think you are right and HMRC will play a pivotal role.