Shops in five Northern Ireland council areas have been caught selling nicotine vapes to under 18s.
But while seven of the 11 local authorities are taking proactive action to try and prevent the crime - three have yet to carry out any test purchases for the popular tobacco replacement.
It has also emerged many of the councils have no dedicated recycling facilities for the mounting waste stream following a Freedom of Information Request.
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Under the Health and Personal Social Services (NI) Order 1978 it is an offence to supply any cigarettes or tobacco products to any person under the age of 18 for a retailer to sell either tobacco products or nicotine inhaling products like vapes or e-cigarettes to anyone under 18.
It is also illegal for an adult to buy, or try to buy, any such nicotine products to kids. Anyone caught doing so faces a fixed penalty notice of £250 or a fine of up to £5,000 if convicted by a court.
Councils across Northern Ireland have a statutory duty to enforce this legislation so how many test purchases they have done.
Belfast City Council carried out the most vaping test purchases at 57 - with 30 finding premises sold one to a minor since April.
Mid Ulster was next, with 51 test purchases since July, which saw two shops flout the law. Causeway Coast & Glens have done 24 since July, leading to action against one seller. They were followed by Mid and East Antrim, who did 23 since June, leading to no action.
Derry & Strabane, which has been carrying out test purchases for the nicotine product since November has done 12 - leading to two fines or action against the premises. Antrim & Newtownabbey did 17 across August, September and October, and in one case a vape was sold to someone underage.
Armagh, Banbridge & Craigavon have done six test purchases since July, with one leading to a fixed penalty notice according to the council.
While Fermanagh & Omagh have been carrying out test purchases since August, they have done just three. No action was taken in any case.
Ards & North, Newry Mourne & Down and Lisburn & Castlereagh told us they have not carried out any test purchases relating to e-cigarettes or vapes although Ards & North Down says it plans to soon.
An Ards and North Down spokesperson said: “There have been no test purchasing exercises for vaping premises to date. They are scheduled to take place during Q4.”
A spokesperson for Newry, Mourne and Down told us: “Newry, Mourne and Down District Council has not carried out e-cig test purchasing as yet.”
Lisburn & Castlereagh told us they carried out 20 test purchases for tobacco products, adding: “None of these exercises involved vaping (nicotine-inhaling) products.”
Overall, 42 shops across Northern Ireland were found to have sold a vape to someone under age by seven councils this year.
While the local authorities work differently on test purchases, they also operate differently when it comes to disposal of the “significant fire hazard” if placed in a bin.
Antrim & Newtownabbey says a “number of retailers in the Council area have installed recycling bins on their premises for customers to dispose of used devices” but most councils have no specific schemes for the items.
Belfast, Mid Ulster and Mid & East Antrim urge people to place them in the electronic waste bins at recycling centres, while Mid Ulster asks residents to remove the battery from reusable ones.
Lisburn & Castlereagh, Causeway Coast & Glens, Armagh, Banbridge & Craigavon are asking people to remove the battery from vapes before putting the lithium batteries they contain in their battery bins.
We asked the Health and Safety Executive for their view on removing the batteries.
They pointed us towards their web post on how rogue batteries in waste can start fires, where HSENI Principal Inspector Brian Pryce said: “As our inspectors visit waste processing facilities, duty-holders are reporting lithium-ion batteries causing fires on their sites.
“The risk to staff and fire fighters in extinguishing the blaze and preventing other waste materials catching fire is high, with potential risk to health and life.”
It contained no advice on what to do with used vapes.
A DAERA spokesperson said: “The Department is aware of the increasing amount of litter being caused by disposable vapes.
“Under Extended Producer Responsibility for packaging reforms obligated producers will pay costs for the management of packaging in street bins and will also pay for prevention activity for littered packaging such as communication campaigns targeting litterers.
“DAERA is in the process of preparing Northern Ireland’s first overarching Litter Strategy, as proposed in the Executive’s draft Environment Strategy for Northern Ireland, and intends to increase the maximum fixed penalty notice Councils can issue for litter offences from £80 to £200 by December.
“The Department continues to work with Keep Northern Ireland Beautiful (KNIB) to promote behavioural change and environmental awareness, providing KNIB with £258k this year to support these activities.”
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