The Vaping Products (Production, Duty Stamps and Commencement) Regulations 2026

Type Statutory-Instrument
Publication 2026-03-23
State In force
Department King's Printer of Acts of Parliament
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Made: 23rd March 2026

Laid before the House of Commons: 25th March 2026

Coming into force in accordance with regulation 1(2) and (3)

The Commissioners for His Majesty’s Revenue and Customs[^f00001] make these Regulations in exercise of the powers conferred by sections 45(1), (2)(a), (b), (c), (d), (f), (g), (h), (i) and (j) and 48(10) and (11) of the Taxation (Cross-border Trade) Act 2018[^f00002] and sections 119(2)(a), (b) and (c), 121(2), 122(5)(a), (c) and (d), 123(7)(a) and 137(1) and (2) of the Finance Act 2026[^f00003].

The Treasury make these Regulations in exercise of the powers conferred by sections 137(1) and (2) and 141(3), (6)(a) and (7) of the Finance Act 2026.

Part 1 — Introduction

Citation and commencement

1

Appointed day

2

1st April 2026 is the day appointed for the coming into force of—

Interpretation

3

In these Regulations—

Part 2 — Vaping products approvals

Approval requirement

4

Approval requirement - exception for limited type of production

5

Notification of intended change to business - vaping products approval

6

any intended variation, cancellation or revocation due to take place under paragraph (5).

Notification of the starting or stopping of production or storage

7

Part 3 — Volume of vaping products

Measuring volume

8

Part 4 — Retail packaging

When vaping products must be packaged in retail packaging

9

Vaping products must be packaged in retail packaging at or before the time they pass an excise duty point.

Part 5 — Payment and returns

Payment of duty: calculating volume

10

For the purposes of calculating duty under section 115 of the 2026 Act (excise duty: charge), the amount of vaping product is rounded, in the case of product whose volume is—

Payment of duty: time and method of payment

11

Returns: requirement to make a return

12

Part 6 — Spoilt vaping products

Spoilt vaping products: destruction

13

Spoilt vaping products: remittance or repayment of duty

14

Spoilt vaping products: refusal or cancellation of remittance or repayment

15

Spoilt vaping products: record-keeping: remittance or repayment

16

Part 7 — Drawback of duty

Drawback of duty

17

Where drawback is allowable, it may be set against any amount of duty payable or paid (and any reference in CEMA 1979 to drawback payable or paid is to be construed in accordance with this regulation) subject to such conditions or restrictions as the Commissioners may impose or specify in a notice published by them.

Part 8 — Vaping products - record-keeping

Record-keeping: production and storage records

18

Part 9 — Transitional duty stamps

Transitional duty stamps

19

Part 10 — Duty stamps - approvals

Approved stamp holders

20

UK representatives

21

Notification of intended change to business - duty stamps approval and UK representative approval

22

any intended variation, cancellation or revocation due to take place under paragraph (2).

Variation, cancellation or revocation of duty stamps approval or UK representative approval

23

paragraph (3) applies;

is automatically revoked.

Part 11 — Duty stamps - limits

Limits on issue of duty stamps

24

Part 12 — Duty stamps - fees

Fees for duty stamps

25

The Commissioners may specify in a notice published by them any fees to be charged in connection with the issue and management of duty stamps.

Part 13 — Duty stamps - affixing

Affixing duty stamps - method

26

The Commissioners may specify in a notice published by them any method by which duty stamps are to be affixed to vaping products.

Destruction of duty stamps not affixed

27

For the purposes of section 126(1)(b)(iii) of the 2026 Act (loss and misuse of duty stamps), the Commissioners may specify in a notice published by them—

Premises where vaping products must be stamped

28

Activating duty stamps

29

The Commissioners may specify in a notice published by them—

Restrictions on affixing of duty stamps

30

Part 14 — Constructive removal

Constructive removal

31

Part 15 — Duty stamps - scanning

Scanning events - general

32

Scanning events - stamped vaping products not for consumption in the UK

33

Exceptions to requirement for scanning

34

is unusable at the time of a scanning event relating to those stamps;

Part 16 — Duty stamps - stamping or scanning errors

Stamping or scanning errors

35

Save as the Commissioners may otherwise allow, where a person responsible for a duty stamp considers that—

that person must act in accordance with such requirements as the Commissioners may specify in a notice published by them.

Part 17 — Duty stamps - lost, stolen or damaged duty stamps

Duty stamps - lost or stolen

36

Duty stamps - damaged

37

within such period as the Commissioners must specify in a notice published by them.

Part 18 — Duty stamps - record-keeping

Record-keeping - approved stamp holders

38

Part 19 — Exceptions to offences

Exception to the offence of possessing duty stamps

39

Part 20 — Restriction on certain vaping products

Restriction on certain vaping products

40

Part 21 — Amendments to the Duty-Free Supplies for the Royal Navy Regulations 1954

Amendments to the Duty-Free Supplies for the Royal Navy Regulations 1954

41

Tobacco Vaping product
1.5 pounds 50 millilitres
1.25 pounds 50 millilitres
0.75 pounds 50 millilitres
0.75 pounds 50 millilitres

Part 22 — Travellers’ allowances

Amendments to the Travellers’ Allowances Order 1994

42

(1) In this Order, “excise goods” means any goods chargeable with excise duty by virtue of any provision of— (a) the Tobacco Products Duty Act 1979[^f00025], (b) Part 2 of the Finance (No. 2) Act 2023[^f00026], or (c) Part 4 of the Finance Act 2026.

Vaping products 50 millilitres of vaping liquid or less.

Part 23 — Amendments to the Excise Goods (Drawback) Regulations 1995

Amendments to the Excise Goods (Drawback) Regulations 1995

43

(5A) Vaping products are not eligible goods for the purposes of paragraph 2(b) if they become warehoused for export on or after 1st October 2026.

(6) In— (a) paragraph (5), “alcoholic products” means alcoholic products that are chargeable with excise duty under the Finance (No. 2) Act 2023; (b) paragraph (5A), “vaping products” means vaping products that are chargeable with excise duty under the Finance Act 2026.

(4) Where a revenue trader is entitled to the repayment of vaping products duty under regulation 14 of the Vaping Products (Production, Duty Stamps and Commencement) Regulations 2026 (spoilt vaping products: remittance or repayment of duty), that trader must make the claim for repayment in accordance with that regulation and not in accordance with these Regulations.

Part 24 — Amendments and modifications to HMDP 2010

Amendments to HMDP 2010

44

(vi) a person approved under regulation 4 of the VP(PDSC)R 2026;

(vi) any premises in respect of which a person is approved under regulation 4 of the VP(PDSC)R 2026;

  • FA 2026” means the Finance Act 2026;
  • vaping product” has the meaning given by section 116(1) of FA 2026;
  • VP(PDSC)R 2026” means the Vaping Products (Production, Duty Stamps and Commencement) Regulations 2026.

(a) they leave any tax warehouse in the United Kingdom or are otherwise made available for consumption (including consumption in a tax warehouse) unless paragraph (2A) applies;

(g) they leave a place of importation in the United Kingdom unless paragraph (2A) applies;

(2A) This paragraph applies where— (a) in the case of vaping products not in retail packaging and excise goods that are not vaping products, the goods are dispatched to one of the destinations referred to in regulation 37(1)(a); (b) in the case of vaping products in retail packaging, the products are dispatched— (i) in the case of a movement falling within paragraph (1)(a), on a warehouse retail vaping journey; (ii) in the case of a movement falling within paragraph (1)(g), on an import retail vaping journey; (iii) to a place from where they will leave the territory of the United Kingdom. (2B) Where paragraph (2A) applies, excise goods must be moved in accordance with the conditions specified in regulation 39.

(6) In this regulation— - “import retail vaping journey” means a movement from a place of importation in the United Kingdom to a tax warehouse approved in relation to vaping products; - “manufacturer” has the meaning given by regulation 3(1) of the Tobacco Products Regulations 2001[^f00028]; - “produced”, in the context of vaping products, has the meaning given by section 117 of FA 2026 (production of vaping products); - “retail packaging” has the meaning given by section 140 of FA 2026; - “warehouse retail vaping journey” means a movement from premises on which they were produced to a tax warehouse approved in relation to vaping products.

(1A) This paragraph applies where the movement is of vaping products.

Modifications to HMDP 2010

45

  • EU-NI movement of vaping products” means a movement of vaping products from an EU Member State to Northern Ireland that does not pass through Great Britain;
  • NI-EU movement of vaping products” means a movement of vaping products from Northern Ireland to an EU Member State that does not pass through Great Britain;

(iii) in the case of an EU-NI movement of vaping products, the products enter Northern Ireland;

(iii) in the case of an NI-EU movement of vaping products, when the products leave Northern Ireland.

(3A) The Commissioners must specify in a notice published by them any evidence required in order to demonstrate, for the purposes of— (a) paragraph (3)(a)(iii), that vaping products have entered Northern Ireland; (b) paragraph (3)(b)(iii), that vaping products have left Northern Ireland.

(a) they leave any tax warehouse in Northern Ireland, place of importation in Northern Ireland or are otherwise made available for consumption (including consumption in a tax warehouse) unless they— (i) leave Northern Ireland for a destination in an EU Member State without passing through Great Britain, and (ii) are moved in accordance with the conditions specified in regulation 39;

(1A) Vaping products moved under duty suspension arrangements must be— (a) in the case of an EU-NI movement of vaping products, received at— (i) a tax warehouse in Northern Ireland, or (ii) a place from where they will leave Northern Ireland; (b) in the case of an NI-EU movement of vaping products, dispatched from— (i) a tax warehouse in Northern Ireland, or (ii) a place of importation in Northern Ireland.

(55A) (1) Where there is— (a) an EU-NI movement of vaping products, except where paragraph (2) applies, or (b) an NI-EU movement of vaping products on which duty has not been paid, such products must be placed under duty suspension arrangements in accordance with such requirements as the Commissioners must specify in a notice published by them. (2) This paragraph applies where vaping products— (a) are held by a private individual (P) for P’s own use, and (b) are acquired by P in, and transported to Northern Ireland by P from, an EU Member State. (3) Where paragraph (2) applies, no excise duty is payable. (4) For the purposes of determining whether vaping products are for P’s own use, regard must be taken of— (a) P’s reasons for having possession or control of those products; (b) whether or not P is a revenue trader; (c) P’s conduct, including P’s intended use of those products or any refusal to disclose the intended use of those products; (d) the location of those products; (e) the mode of transport used to convey those products; (f) any document or other information relating to those products; (g) the nature of those products including the nature or condition of any package or container; (h) whether the quantity of those products exceeds 200 millilitres; (i) whether P personally financed the purchase of those products; (j) any other circumstance that appears to be relevant. (5) In this regulation, “own use” includes use as a personal gift but does not include the transfer of vaping products to another person for money or money’s worth (including any reimbursement of expenses incurred in connection with obtaining them).

(1) This Part applies to— (a) EU-NI movements of vaping products under duty suspension arrangements; (b) NI-EU movements of vaping products under duty suspension arrangements.

(61) (1) This paragraph applies where, due to the unavailability of the UK computerised system, a report of receipt cannot be sent in accordance with regulation 59(1). (2) Where paragraph (1) applies, as soon as the UK computerised system is restored the consignee must send a report of receipt to the Commissioners and regulation 59(2) to (4) shall apply to that report.

(61) (1) This paragraph applies where, due to the unavailability of the UK computerised system, a report of receipt cannot be sent in accordance with regulation 59(1). (2) Where paragraph (1) applies, as soon as the UK computerised system is restored the consignor must send a report of receipt to the Commissioners and regulation 59(2) to (4) shall apply to that report.

Signed

Myrtle Lloyd — Justin Holiday — Two of the Commissioners for His Majesty’s Revenue and Customs — 23rd March 2026

Taiwo Owatemi — Christian Wakeford — Two of the Lords Commissioners of His Majesty’s Treasury — 23rd March 2026

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

These Regulations make provision in relation to a new excise duty for vaping products. They are intended to be read in conjunction with the Vaping Duty Stamps (Requirements, Reviews and Appeals) Regulations 2026 (S.I. 2026/338).

Part 1 provides for citation, commencement, appointed day and interpretation.

Part 2 makes provision in relation to vaping products approvals, which are required for the production and storage of vaping products. Regulation 4 sets out the circumstances in which such approvals are required, as well as factors the Commissioners are to take into consideration when deciding whether to approve a person. Regulation 5 provides that carrying out a limited type of production does not require an approval under these Regulations, provided such production takes place on premises listed in, and in accordance with, another customs or excise approval. Regulation 6 sets out the process for notifying the Commissioners of any changes to a vaping-related business, while regulation 7 does the same for cases where, for a period of time, an approved person has not yet started producing or storing vaping products or, alternatively, has stopped doing so.

Part 3 makes provision for measuring the volume of vaping products.

Part 4 provides that vaping products must be packaged in retail packaging at or before an excise duty point.

Part 5 makes provision in relation to payments and returns. Regulation 10 sets out how the amount of duty payable is to be calculated referable to the volume of a vaping product. Regulation 11 makes provision for the time and method by which duty must be paid. Regulation 12 makes provision for the requirement to make a return.

Part 6 relates to spoilt vaping products. Regulation 13 makes provision for the destruction of spoilt vaping products, and regulation 14 does so for the remittance and repayment of duty in respect of those products. Regulation 15 enables the Commissioners to cancel remittances or repayments of duty in certain circumstances. Regulation 16 makes provision for record-keeping in respect of remittances and repayments of duty.

Part 7 makes provision for drawback to be set against amounts of duty payable or paid.

Part 8 makes provision for record-keeping in respect of vaping products produced and stored under these Regulations.

Part 9 makes provision in relation to transitional duty stamps, which, but for their not having a visible feature that is capable of being scanned, are equivalent to duty stamps in terms of function and purpose. Regulation 19 provides that, for a specified period, vaping products provisions in the Finance Act 2026 have effect in respect of transitional duty stamps in the same way as they do for duty stamps. It also ensures that provisions in these Regulations relating to the scanning of duty stamps do not apply to transitional duty stamps.

Part 10 makes provision in relation to duty stamps approvals. Regulation 20 makes provision for approved stamp holder applications, and regulation 21 does so for UK representative approvals. Regulation 22 sets out the requirements for notifying the Commissioners of an intention to have either of those approvals varied or revoked, and the way in which such a notification takes effect as a variation or revocation. Regulation 23 makes provision for Commissioners to vary or revoke either of those approvals.

Part 11 makes provision for the Commissioners to limit the number of duty stamps issued to approved stamp holders, or in respect of overseas persons, for specified periods.

Part 12 makes provision for the Commissioners to charge fees in respect of the issue and management of duty stamps.

Part 13 makes provision for the affixing of duty stamps. Regulation 26 enables the Commissioners to specify the method by which duty stamps must be affixed to vaping products, and regulation 27 does so in respect of the destruction of duty stamps issued and delivered but not affixed. Regulation 28 makes provision for where the stamping of vaping products must take place in the UK and overseas, and regulation 29 does so in relation to the activation of duty stamps. Regulation 30 places restrictions on when duty stamps may be affixed to vaping products.

Part 14 makes provision in relation to constructive removal.

Part 15 makes provision in relation to the scanning of duty stamps affixed to vaping products. Regulation 32 sets out various circumstances in which, and times at which, duty stamps must be scanned in respect of vaping products intended for consumption in the United Kingdom. Regulation 33 makes provision for the scanning and treatment of duty stamps already affixed to vaping products that become intended for consumption outside the United Kingdom. Regulation 34 sets out exceptions to the requirement to scan duty stamps, and explains what must be done in the alternative.

Part 16 makes provision for dealing with duty stamps affixed or scanned in error.

Part 17 makes provision for lost, stolen and damaged duty stamps. Regulation 36 sets out the notification requirements for lost and stolen duty stamps. Regulation 37 does the same for damaged duty stamps, in addition to making provision for how they are to be dealt with.

Part 18 makes provision for record-keeping in relation to duty stamps.

Part 19 makes provision for an exception to the offence of possessing a duty stamp.

Part 20 makes it so that stamped vaping products produced or imported into the United Kingdom before 1st October 2026 must be held on, and not removed from, certain premises before that date, other than in accordance with such conditions or restrictions as the Commissioners may specify.

Part 21 makes provision in relation to duty-free supplies for the Royal Navy.

Part 22 makes provision in relation to travellers’ allowances for vaping products.

Part 23 makes provision in relation to drawback, which is not available in respect of spoilt vaping products (for which a claimant must instead use the provisions referred to in Part 6).

Part 24 amends and modifies the Excise Goods (Holding, Movement and Duty Point) Regulations 2010 (“HMDP 2010”). Regulation 44 amends HMDP 2010 by setting out the circumstances in which vaping products moving under duty suspension arrangements are considered to have been released for consumption in the United Kingdom (and, conversely, the circumstances in which they are not so considered). Regulation 45 modifies HMDP 2010 where, in certain circumstances, vaping products are moved between Northern Ireland and member states of the European Union (in either direction) without passing through Great Britain.

Any notices referred to in these Regulations will be published at https://www.gov.uk/government/collections/vaping-products-duty-and-vaping-duty-stamps-detailed-information. A person unable to access the notices electronically may access them in hard copy by post free of charge on application to Vaping Products Policy, Indirect Tax, HM Revenue & Customs, Trinity Bridge House, 2 Dearmans Place, Salford, M3 5BS.

A Tax Information and Impact Note covering this instrument was published on 26th November 2025 alongside the Finance (No. 2) Bill 2025 and is available on the website at https://www.gov.uk/government/collections/tax-information-and-impact-notes-tiins. It remains an accurate summary of the impacts that apply to this instrument.

Footnotes

[^f00001]: “Commissioners” is defined in section 140 of the Finance Act 2026 (c. 11) (the “2026 Act”) (interpretation). Section 45 of the Taxation (Cross-border Trade) Act 2018 (c. 22) (the “2018 Act”) (general regulation making power for excise duty purposes etc) refers to “HMRC Commissioners”, which has the same meaning.

[^f00002]: 2018 c. 22.

[^f00003]: 2026 c. 11.

[^f00004]: 1971 c. 80.

[^f00005]: 1979 c. 2.

[^f00006]: Section 60A was inserted by paragraph 3 of Schedule 21 to the Finance Act 2014 (c. 26) and amended by paragraph 62 of Schedule 7 to the 2018 Act.

[^f00007]: Section 2 was amended by paragraph 6 of Schedule 2, and paragraph 1 of Part I(5) of Schedule 27, to the Finance Act 1998 (c. 36) and section 11(1) and (2) of the Finance Act 1999 (c. 16).

[^f00008]: “Vaping products duty” is defined in section 115(3) of the 2026 Act (excise duty: charge).

[^f00009]: “Duty stamp” is defined in section 120(4) of the 2026 Act (stamping of vaping products).

[^f00010]: Defined terms used within the definition of “duty suspension arrangement” were relevantly amended by S.I. 2019/13, 2019/474.

[^f00011]: 1992 c. 48.

[^f00012]: S.I. 2010/593; relevant amending instruments are S.I. 2011/2225, 2019/13, 2019/474, 2025/96.

[^f00013]: Regulation 6 of HMDP 2010 was relevantly amended by S.I. 2019/13.

[^f00014]: “Vaping product” is defined in section 116(1) of the 2026 Act (vaping products).

[^f00015]: “Retail packaging” is defined in section 140 of the 2026 Act.

[^f00016]: “Approved stamp holder” is defined in section 140 of the 2026 Act.

[^f00017]: “UK representative” is defined in section 123(8) of the 2026 Act (United Kingdom representatives).

[^f00018]: “Overseas person” is defined in section 123(8) of the 2026 Act.

[^f00019]: “Stamp issuer” is defined in section 121(4) of the 2026 Act.

[^f00020]: “Activated” is defined in section 140 of the 2026 Act.

[^f00021]: S.I. 2000/645.

[^f00022]: “HMRC” is defined in section 140 of the 2026 Act.

[^f00023]: S.I. 1954/1406, amended by S.I. 2023/884.

[^f00024]: S.I. 1994/955, amended by S.I. 2008/3058, 2020/1412, 2023/884; there are other amending instruments but none is relevant.

[^f00025]: 1979 c. 7.

[^f00026]: 2023 c. 30.

[^f00027]: S.I. 1995/1046, amended by S.I. 2009/1023, 2019/14, 2025/96; there are other amending instruments but none is relevant.

[^f00028]: S.I. 2001/1712; relevant amending instruments are S.I. 2003/1523, 2006/2368.

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