Electronic Cigarette Industry Trade Association

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ECITA ISE: Annex II Checklist for differentiating between illegal breaches of the smoking ban and the legal use of electronic cigarettes

21 : Annex II Checklist to differentiate between illegal breaches of the smoking ban and legal use of electronic cigarettes

Saturday, November 8, 2014

Checklist for the differentiation between illegal breaches of the smoking ban and the legal use of electronic cigarettes

The most obvious indicator of an illegal breach of the smoking ban – particularly in light of the fact that most areas covered by smoking bans are relatively enclosed spaces – is the acrid lingering odour of tobacco smoke. Electronic cigarettes do not involve combustion, and therefore the vapour which is emitted carries no lingering odour at all. If you can smell smoke, this will most likely mean that a breach of the smoking ban has occurred. However, officers will need to provide more robust evidence than a statement regarding smell. There are many other sources of evidence which may help officers to distinguish between tobacco smoking and the use of electronic cigarettes:

Despite the best efforts of government in introducing smoking bans in public places, smoking is still an immediately recognisable activity. The use of electronic cigarettes – while similar in appearance – is notably different, as indicated above. If a smoker’s behaviour looks ‘odd’ or ‘different’ from what you would expect to see, they may well be using an electronic cigarette.

We hope that the table above will assist enforcement officers in being able to pinpoint the evidence necessary to distinguish between the two, so that illegal breaches of the smoking ban can be dealt with appropriately, and users of electronic cigarettes can be allowed to enjoy them in peace.