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 this date.
Notifiers can begin notifying their notifiable products from 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 the existing notification, if any of their products 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 of appeal to an independent Appeals Committee.
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 will be set out in regulations under the Smokefree Environments and Regulated Products (Vaping) Amendment Act. Public consultation on the regulations is expected to take place by 2021.
Obligation to report adverse reactions
From 11 November 2020, manufacturers and importers of vaping products and smokeless tobacco products must report any adverse reactions, as soon as they become aware of them, to the Vaping Regulatory Authority via the New Zealand Pharmacovigilance Centre.
Manufacturers and importers 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, will be set in regulations under the Smokefree Environments and Regulated Products (Vaping) Amendment Act. Public consultation on the regulations is expected to take by early 2021.