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.

8 July 2021

Process for vaping regulations to come into force

Public consultation on the vaping regulations closed on 15 March 2021. We received a total of 2521 submissions including 1375 from general retailers. Focus groups with Māori and Pacific peoples, run by Hāpai Te Hauora and Tala Pasifika throughout the consultation period, resulted in 919 submissions.

Thank you to submitters for their feedback – every voice counts.

Next steps

There are a number of important steps ahead before the vaping regulations can take effect:

  • The Ministry of Health analysed submissions from the public consultation and recommended changes to the regulatory proposals if needed.
  • With this analysis complete, Cabinet approved the final proposals.
  • Cabinet then authorised the Ministry to instruct Parliamentary Council Office (PCO) to begin their part of the process – drafting the regulations.
  • A Notice of Proposed Quality Standards for Vaping Substance Ingredients was published in the Gazette. Feedback can be provided up until 22 July 2021.
  • Cabinet will authorise the regulations to be submitted to the Executive Council in early August before they come into force.

Reminders

This following requirement is the only thing you must be ready for on 11 August, as other requirements are being phased in over time. A full overview of the final regulations made under the Smokefree Environments and Regulated Products Act 1990 and when they take effect will be published on this page when the regulations are released.

Flavours - General retailers (non-Transitional Specialist Vape Retailers /Specialist Vape Retailers) can no longer sell vaping or smokeless tobacco products that contain flavours other than tobacco, mint and menthol. Transitional and approved Specialist Vape Retailers may continue to sell products of any flavour that have not been prohibited (no flavours have been prohibited at this stage).

More information

Please subscribe to the Vaping Regulatory Authority newsletter to receive further updates on the regulations.

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 the industry

The following pages outline what these changes will mean for industry participants.

Information for business and employers

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

Information for schools and early childhood centres

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

Information for 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.

Information for consumers

Information and resources for people who are looking to quit smoking and are considering vaping as an alternative. Read more.

About the Vaping Regulatory Authority

The Ministry of Health’s Vaping Regulatory Authority is responsible for the regulation of vaping products and smokeless tobacco products (notifiable products). Read more.

Contact us

Subscribe for updates

Subscribe to the Vaping Regulatory Authority newsletter update. Read more.

Public health message issued

Director-General of Health Dr Ashley Bloomfield has issued the following public health message on Vaping Facts. Read more.

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