It is the responsibility of Trading Standards to ensure that E-Liquids containing nicotine sold in the UK complies with the TPD. They also ensure that labelling complies with current standards and that goods for sale are fit for purpose.
The problem is that each county has its own trading standards department and that the regulations are open to interpretation and differing Trading Standards authorities have differing interpretations, which can cause problems in our industry.
To overcome this problem, Adact Medical have set up a Primary Authority Partnership between themselves and Peterborough & Cambridgeshire County Council. (Adact were in fact approached by the council.) This means that Peterborough & Cambridgeshire County Council’s trading standards department can act for anyone who joins the scheme, known as the ADACT PAP. Whilst membership of this scheme is restricted to Adact Customers, because of QCIG’s special relationship with Adact Medical and the fact that we are one of the founder members of the scheme, the Adact PAP is open to all QCIG customers and does not just cover matters concerning QCIG products but any ecigarette and eLiquid related product you sell. Membership costs just £50 per year per site and for that you get a single point of reference to trading standards and a consistent interpretation of the rules and regulations across the UK.
Whatever Peterborough & Cambridgeshire County Council’s trading standards department says will be binding and we will all have to comply, but it will be consistent.
QCig urges all our customers to join the scheme. The greater the membership, the bigger the say we have in how our industry is regulated. Please join the scheme and become a member by contacting Trish by phone or on the email address listed below. If you are not an Adact customer, you will need to state that you are a QCIG customer.
Please see below for full benefits of joining. QCig have already engaged trading standards directly to get a definitive decision on labelling, and we will, of course, share the results will all members.
Adact Medical Ltd have entered into a government sponsored partnership under the Regulatory Enforcement & Sanctions Act 2008*** on behalf of our Adact clients with Peterborough & Cambridgeshire County Council Trading Standards. This means that ADACT PRIMARY AUTHORITY PARTNERSHIP LTD can invite you to become part of a group that will exclusively deal with Peterborough & Cambridgeshire County Council Trading Standards.
ADACT PRIMARY AUTHORITY PARTNERSHIP LTD is a not for profit company limited by guarantee.
The advantages to you are:
- That you can register each of your businesses/retail outlets (entities) and no matter where they are situated in the UK they will be covered by one single trading Standards office.
- If the local Trading Standards visit any of your outlets you simply tell them, you are part of a Primary Authority Partnership and refer them to Peterborough & Cambridgeshire Trading Standards who are our partners. They will then deal directly with them.
- You will receive a document confirming your membership and a window sticker advertising that you are a member.
- You do not have to be based in the UK to join if you have business outlets in the UK and you register them into the group.
- The fee for joining this group is £50 per annum per outlet – eg business, retail premise etc.
- These fees are to cover administration of the group and to pay for projects undertaken by the PAP on behalf of our group. For example, the PAP will work closely with us to address any issues that you as members highlight eg packaging and labelling. We will pay the PAP to research and develop a Labelling and Packaging guideline. Peterborough & Cambridgeshire Trading Standards will invoice you directly for work undertaken on your behalf for example liaising between you and the Health & Safety Executive or other Trading Standards on ongoing issues. This is invoiced @ £62.00 per hour.
- Every member has the option to formally engage Peterborough & Cambridgeshire Trading Standards directly and pay for their services (@£62.00 per hour) for example to examine and confirm that a packaging or labelling design meets all the required criteria before it is committed to printing or to deal with a complex problem specific to that client and not the group.
***PRIMARY AUTHORITY ADVICE AND GUIDANCE
(1) The primary authority, if it is a co-ordinated primary authority, has the function of—
(a)giving advice and guidance to the co-ordinator of the regulated group in relation to each partnership function;
(b)giving advice and guidance, in relation to each partnership function, to other qualifying regulators as to how they should exercise it in relation to a member of the group.
(2) The primary authority may make arrangements with the regulated person or the co-ordinator of the regulated group as to how the authority will discharge its functions under subsection (1).
(3) In the case of a co-ordinated primary authority, the co-ordinator of the regulated group must notify any advice or guidance given to the co-ordinator under subsection (1)(a) to those members of the group to whom the co-ordinator considers it may be relevant.
(4) Advice or guidance may be given under subsection (1)(a) or (1)(b) only with the consent of the Secretary of State.
(5) Subsections (1)(a) and (1)(b) do not require advice and guidance to be given to a qualifying regulator in relation to a partnership function if it is not a relevant function of that regulator.
Regulatory Enforcement and Sanctions Act 2008