About the Smokefree Environments and Regulated Products (Vaping) Amendment Act

The Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (the Amendment Act) commences on 11 November 2020.

The Amendment 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.

The provisions of the Amendment Act will be phased in over 15-month period. This means some provisions will come into force straight away, and others will take effect further down the track.

Regulations are needed to implement some parts of the Amendment Act. Public consultation on the regulations is expected to take place by early 2021.

Read more about the changes coming through the Smokefree Environments and Regulated Products (Vaping) Amendment Act.

Timeline

From 11 November 2020:

  • vaping is prohibited in workplaces, schools, early childhood education and care centres, and a number of other locations
  • advertising and sponsorship relating to vaping products is prohibited
  • the sale of vaping products and toy vaping products to under-18s is prohibited
  • the importation and sale of nicotine products for chewing or similar oral use is prohibited
  • manufacturers and importers must advise the Vaping Regulatory Authority, via the New Zealand Pharmacovigilance Centre, of any adverse reactions to vaping products
  • retailers that receive at least 50 percent of their total sales in their retail premises from vaping products may elect to operate as transitional specialist vape retailers.

By 25 November 2020:

  • retailers that have not elected to operate as transitional specialist vape retailers must operate as general retailers.

From 11 May 2021:

  • schools and early childhood education and care centres must display ‘no smoking or vaping’ notices
  • vaping and smokeless tobacco products must not contain colouring substances

From 11 August 2021:

  • new regulations are expected to come into force, including in relation to:
    • the display of vaping products in retail settings
    • the promotion of vaping products and the provision of information and advice
    • point-of-sale purchase age information
    • packaging
    • the product notification process and product safety requirements
    • requirements for annual reporting and returns
    • application fees
  • general retailers can sell vaping products and smokeless tobacco products only if they are tobacco, mint or menthol flavoured
  • retailers can apply to be specialist vape retailers
  • manufacturers and importers (notifiers) can start notifying their vaping and smokeless tobacco products.

From 11 November 2021:

  • transitional specialist vape retailers that have not applied to be and been approved as specialist vape retailers must revert to being general retailers

From 28 November 2021:

  • vaping is prohibited in motor vehicles carrying children.

From 11 February 2022:

  • only notified vaping and smokeless tobacco products can be sold
  • manufacturers and importers must renotify their products every 12 months
  • retailers must display prescribed health warning signs and R18 notices.
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