Regulation of vaping and smokeless tobacco products

Product Notifiers – Clarification: Disposable Vaping Products

When notifying disposable vaping products, the components should be notified separately and the overall vaping kit should also be notified. When submitting the product notification for the vaping kit, you should apply for a fee waiver as you would have already paid the relevant fees when notifying the components separately. Section 75 of the Smokefree Environments and Regulated Products Regulations 2021 defines the terms ‘component’ and ‘product type’.

Transitional Specialist Vape Retailer scheme has now ended

11 November 2021: If you wish to become a Specialist Vape Retailer then please refer to our Specialist Vape Retailer applications page.

Attention HARP Users - Clarification for people with more than one business or businesses with more than one person

If you have more than one business or your business has more than one person, you only need one HARP login per person.  Each person’s account can be associated with more than one business provided they are authorised to act for each business.

Each person should create their own login from the HARP home page by clicking ‘Log In’ and completing the account creation process in the Ministry’s Digital Identity platform.

Each person should then login and complete a Vaping Registration (ACCREG) for each business they are responsible for. They must use the same email address and user details each time or HARP may create duplicate records and they may not then be able to see all of their businesses when they try to lodge applications or product notifications.

New notice requirements for retailers

Retailers and Transitional/Specialist Vape Retailers are reminded that from 11 September 2021, they must display R18 notices at all points of sale. They can also display approved harm reduction notices and approved product availability notices.

Manufacturers, importers and distributors must provide only restricted information on price lists.

Download notice templates and find out more under Vaping information for all industry.

Product Notifiers – Clarification: Contact Details on Labels

Requirement 1(e) of the Product Safety Requirements for vaping substances in Schedule 5 of the Smokefree Environments and Regulated Product Regulations 2021 states that container labels must include manufacturer’s name and contact details. It is acceptable for those labels to include the name and contact details for the NZ importer rather than the name and contact details for an overseas manufacturer.

Vaping Regulations are out

10 August 2021 – The Smokefree Environments and Regulated Products Act 1990 (SERPA) regulations are now published in the Gazette and came into force on 11 August 2021. The key vaping areas to get familiar with in the regulations are in Part 4 – Part 7.

More information is also available in the Smokefree Environments and Regulated Products Act (including Regulations) Key Timeline.

Flavour restrictions

Flavour restrictions for general retailers are in effect from 11 August 2021. Make sure you understand what you can and can’t sell.