Better Retail Controls on Tobacco:

Regulations to implement reforms arising from the Smoke-Free Environments (Control and Enforcement) Amendment Act 2011

Agency disclosure statement

This Regulatory Impact Statement has been prepared by the Ministry of Health.

It provides an analysis of options for regulations proposed to assist in implementing the Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 (the Amendment Act). The specific aims of the Amendment Act are to:

  • prohibit the retail display of tobacco products
  • prevent the use of trading names in a way that advertises tobacco products
  • provide smoke-free enforcement officers with infringement notice powers to issue fines to retailers who sell tobacco products to people under 18 years of age.

The high-level objectives of the Amendment Act are to:

  • address the high level of harm caused by tobacco and the significant health, social and economic burden it causes
  • comply with Government’s international commitments to introduce a coherent set of policies to address the harm caused by smoking, including a comprehensive ban on all forms of tobacco advertising.

The proposed regulations give effect to three different provisions in the Amendment Act. They concern:

  • information about tobacco availability and price to be provided on request (section 23(1)(a))
  • notices that may be displayed inside tobacco places of business about tobacco products that are available (section 23(1)(b))
  • infringement fees.

The costs and benefits associated with any reduction in tobacco consumption and prevalence that may result from these regulations were assessed during the legislative process and have not been included in this regulatory impact assessment.

The direct costs to businesses stemming from the regulations for tobacco information (section 23(1) (a)), and section 23(1) (b)) are minimal. There will be no costs relating to the infringement fees for businesses that comply with the provisions of the Smoke-free Environments Act 1990

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