Regulation of vaping and smokeless tobacco products

The Smokefree Environments and Regulated Products Act 1990 regulates vaping products and smokeless tobacco products in New Zealand.

Retailers must only sell notified products with compliant packaging from 11 August 2022

This is an important reminder that the final phase in the implementation of the requirements of the Smokefree Environments and Regulated Products Regulations 2021 comes into force on 11 August 2022.

From 11 August 2022, all retailers of vaping products and smokeless tobacco products must ensure that the notified regulated products they are selling in New Zealand conform to the new packaging regulations. This includes both general retailers and Specialist Vape Retailers.

All distributors needed to ensure they were selling notifiable products with compliant packaging from 25 June 2022 and this deadline is 6 weeks after this date to allow for old stock rotation.

These new packaging regulations are outlined in Part 4 and Part 5 of the Smokefree Environments and Regulated Products Regulations 2021 for smokeless tobacco products and vaping products, respectively.

Update to HARP – web portal address change and product notification renewals

An update to the HARP system occurred on 29–31 July 2022 to support product notification renewals. As a result, all HARP vaping users must be aware of the following:

  1. The web portal address has changed to https://vaping.harp.health.nz. If you want to access your HARP portal, you will now need to use this address.
  2. Product notifiers will be able to renew their product notifications up to two months before they expire by creating a new Product Notification Renewal submission in HARP. Once a notification expires, notifiers must stop selling the product but retailers have three months to sell-through or return their stock. If a notifier inadvertently allows a notification to expire, they will be able to retrospectively renew the notification within the three month sell-through period. Notifiers must ensure that products with expired notifications are not sold in New Zealand after the three month sell-through period.

The following guidance document outlines the changes to certain HARP features and how to renew product notifications:

Distributors must only sell notified products with compliant packaging from 25 June 2022

This is an important reminder that the next phase in the implementation of the requirements of the Smokefree Environments and Regulated Products Regulations 2021 comes into force on 25 June 2022.

From 25 June 2022, all distributors of vaping products and smokeless tobacco products must ensure that the notified regulated products they are selling in New Zealand conform to the new packaging regulations.

All manufacturers and importers needed to ensure they were selling notifiable products with compliant packaging from 11 May 2022 and this deadline is 6 weeks after this date to allow for old stock rotation.

These new packaging regulations are outlined in Part 4 and Part 5 of the Smokefree Environments and Regulated Products Regulations 2021 for smokeless tobacco products and vaping products, respectively.

Only notified vaping products permitted for sale from 11 February 2022

This is an important reminder that a key requirement under the Smokefree Environments and Regulated Products Act will be mandatory from Friday 11 February 2022.  

From 11 February, all retailers, Specialist Vape Retailers, manufacturers and importers must only sell notified vaping products and smokeless tobacco products. From 11 August 2021, manufacturers and importers were able to notify their notifiable products through the Ministry of Health’s Health Advisory and Regulatory Platform (HARP).

By 11 February, all manufacturers and importers must have notified the Vaping Regulatory Authority about the products they intend to sell in New Zealand after that date. All products must comply with the relevant product safety requirements before they can be notified, and notifications must be renewed every 12 months, or they will expire. 

Please refer to our product notifications section for further information.

About the Act

The Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (the Amendment Act) commenced on 11 November 2020. The Amendment Act amended the Smoke-free Environments Act 1990 and renamed it the Smokefree Environments and Regulated Products Act 1990 (the Act). View a timeline of key dates

The Act strikes a balance between ensuring vaping products are available for smokers who want to switch to a less harmful alternative and ensuring these products aren’t marketed or sold to young people. Read more.

Information for...

Industry

Find out what the 2021 regulations mean for the industry.

Businesses and employers

Vaping is prohibited in indoor workplaces, on some transport services, and in certain venues. Read more.

Schools and early childhood centres

Vaping is prohibited within and around school grounds and early childhood centres. There is also a requirement to display no vaping notices. Read more.

Stop-smoking services and health workers

The Act makes certain public health exemptions from the prohibitions on advertising, and the provision of vaping products to support smoking cessation. Read more.

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