Thousands of retailers, especially convenience stores and gas stations, are without a license to sell e-cigarettes. This is after the Swedish Chemicals Agency changed the rules for permits at short notice. The authority is now backing down after pressure from both entrepreneurs and county councils.
"We do not plan to carry out inspections in this area in the current year (2022). We are also advising the municipalities to postpone their inspection work", the Swedish Chemicals Agency writes in a press release.
Thousands of retailers risk being left without it the new license to sell e-cigarettes. The permit covers the sale of disposable models, pre-filled pod systems and highly concentrated nicotine liquid (between 18 and 20 mg/ml depending on the composition) and became effective on 1 July. However, as the information on the permit was received late in the spring, far from all affected shops have applied. In addition, the county administrative boards do not have enough time to process the applications they do receive.
"We received information about the Swedish Chemicals Agency's new interpretation of the license requirements late, so we have few staff for this, but we are working as quickly as we can" says Cecilia Niklasson Wrande, county environmental engineer and administrator at the County Administrative Board in Västra Götaland.
Applies to all stores
The new rules will apply from mid-2022 and applications for permits must be sent to the county administrative board where the store operates. Companies with several physical stores can apply for all stores in each county.
"All shops selling the products must have their own license. It doesn't matter if you only sell a single cigarette a year" says Cecilia Niklasson Wrande.
Thousands of retailers affected
According to Cecilia Niklasson Wrande the county administrative boards were notified of the new rules very late (in May 2022), which made the whole process more laborious and time-consuming than usual.
"It would be one thing if this permit only applied to the few specialist shops that sell nicotine liquid. That might have been the case a few years ago, when we first raised the issue with the Chemicals Agency. But this is no longer the case. Now there are thousands of convenience stores and gas stations selling e-cigs in various forms." Cecilia Niklasson Wrande.
Simple one-off models behind the increase
Since the Chemicals Agency started looking at nicotine liquids, disposables have become a common feature of the market. These are simpler e-cig which are easy for non-specialist shops to sell alongside cigarettes and other nicotine products. This has led to a significant increase in the number of retailers.
"When I asked about the number of shops that sell e-cigarettes, i.e. those that need individual licenses, I estimate that it is close to 7,000 retail outlets throughout the country. This is going to be unmanageable with the resources county councils have today." says Cecilia Niklasson Wrande
"Takes time to get the application approved"
Getting a permit takes between five and eight weeks.
"It takes time to grant an application. The actual processing is one thing, but then the application must be referred to the municipality that is responsible for supervision in the area to which the permit applies. Then, for example, a municipality can say no, depending on whether the shop in question has misbehaved in the past when it comes to handling dangerous substances," says Cecilia Niklasson Wrande
The County Administrative Board in Västra Götaland received 30 applications on June 30, the day before the law was to be applied, says Cecilia Niklasson Wrange.
"Companies have taken a lot of responsibility here and help each other to make correct applications. But very few have received their permits on time," she says.
Risk of fines
As Vejpkollen previously reported the situation has led to both rumors and confusion for businesses. Larger retailers such as Circle K, has advised both customers and shopkeepers to keep e-cigarettes off sale until all permits are ready. However, many shops are unlikely to know that they need a permit or, in the worst case, that they could be fined for not having one.
Chemicals Inspectorate backs down on controls
After pressure from both county councils and entrepreneurs, the Swedish Chemicals Agency has recently announced that it will not carry out inspections of permits.
- Both companies and county administrative boards have contacted us in the last two weeks. Both parties believe that they have been given too little time to apply for and issue permits. By delaying enforcement, we are giving both the industry and the county administrative boards more time. Camilla Zetterberg, Head of Unit at the Swedish Chemicals Agency in a press release.
Thinking that this might not be so stupid after all. Will certainly mean that less scrupulous convenience stores will not apply and choose / be forced to stop selling e-cigs. Thus closing 1 of the ways the kids have to get hold of disposable pods.
I'm not very familiar with how these rules work, but selling vejp products should not be more complicated than selling snus and nicotine tablets. After all, ordinary cigarettes are still available in every kiosk, convenience store and gas station. Yet another example of how puritanical and irrational policy in this area is.