Information on requirements for manufacturers and importers of vaping products.
By 11 February 2022, all manufacturers and importers (notifiers) of vaping products and smokeless tobacco products (notifiable products) must have notified the Vaping Regulatory Authority about the products they intend to sell in New Zealand after that date. The regulations enable replacement parts for a device to be notified as part of a device notification. Different container sizes or nicotine strengths of the same brand or product can be notified under a single notification and will therefore attract only one notification fee.
Notifiers can notify their notifiable products through the Health Advisory and Regulatory Platform (HARP) as of 11 August 2021. All products must comply with the relevant product safety requirements before they can be notified. Each manufacturer or importer of a product must complete their own notification for that product.
Notifications must be renewed every 12 months, or they will expire. Manufacturers and importers must also complete a new notification, and cancel their existing notification, for a product if it undergoes a significant change after it has been notified.
The Director-General of Health may suspend or cancel product notifications, although manufacturers and importers have the right to appeal to an independent Appeals Committee against a proposed suspension or cancellation.
The Director-General may also ensure products do not pose an unacceptable risk of harm by:
- declaring maximum limits for substances within a product
- declaring substances that are prohibited for use in a product
- requiring information about the safety of a product
- issuing public warnings about the safety of a product
- issuing a recall notice for a product.
Product safety and testing requirements, and the schedule of fees are set out in the regulations. Requirements cover a number of areas including manufacturing, labelling, ingredients, prohibited substances, nicotine strength and containers.
Obligation to report adverse reactions
From 11 November 2020, manufacturers and importers of vaping products and smokeless tobacco products must report any adverse reactions to those products to the Vaping Regulatory Authority as soon as they become aware of them via the New Zealand Pharmacovigilance Centre.
Manufacturers and importers (and specialist vape retailers) must keep sales records and provide annual reports and returns to the Vaping Regulatory Authority. The reports and returns will be due with the Authority by 31 January each year for the previous calendar year.
Detailed annual reporting requirements, including confirmation of the first period for which reporting is required, are set out in the regulations.
General retailers and Transitional/Specialist Vape Retailers can access templates for mandatory and optional notices on the industry page.