Complying to WEEE regulations for retailers who sell vape products

All retailers selling vape products must offer their customers a vape takeback service.

Previously, retailers selling vape products had access to the UK Distributor Takeback Scheme (DTS), exempting their businesses from the WEEE requirement to offer in-store takeback.  This scheme involves sellers paying a fee to cover their waste electrical and electronic equipment (WEEE).

From April 2024, however, vape products have been removed the Distributor Takeback Scheme, meaning retailers now have a legal obligation to provide a recycling bin in their stores. Retailers must ensure all vapes are then correctly recycled by following the steps below:

1. Vape Bin

Every retailer selling any volume of vape products must ensure they have a vape bin in store or at the place of sale in an accessible place for customers. Retailers are required to use signage and posters to ensure customers are aware they can recycle vape products in store. Vapes should not be put in general waste bins, as they can potentially be a fire or environmental hazard.

If you do not have a vape recycling bin, you can contact an approved recycler or WEEE compliance scheme to obtain one.

2. How to recycle correctly

Retailers can contact an approved recycler or WEEE compliance scheme to collect used vapes from your bin. The UK Government has a list of approved compliance schemes for WEEE. This is available at: WEEE approved compliance schemes public register. For most locations it should be possible to have used vapes collected when needed, or on a recurring basis i.e. once a month.

You will receive a waste consignment notice from your waste collection provider that documents the returned vapes are being taken away to be recycled responsibly.

3. Recording

Retailers must keep records of all electrical and electronic waste that you collect and dispose of. You can use a template to keep these records. Please include the number of units collected through takeback. There is no need to distinguish between different types of vape products (i.e. brands), only the total number of units returned to your store and passed onto the vape collection service provider. You are required to keep these records for at least 4 years. If a customer tries to return an illicit vape to your store you can refuse to accept it.

4. Compliance

The Office for Product safety and standards provides enforcement services on behalf of DEFRA. They are required to check compliance with vape retailers to ensure they have a process for taking back used vapes. Sellers who fail to comply can be prosecuted and receive an unlimited fine. Although enforcement agencies may issue a warning letter prior to enforcement action, fines or prosecutions.

Contact the OPSS if you have any questions on compliance at: OPSS.enquiries@beis.gov.uk