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.

Manufacturers and importers must only sell notified products with compliant packaging from 11 May 2022

This is an important reminder that the next phase in the implementation of the requirements of the Smokefree Environments and Regulated Products Regulations 2021 comes into force on 11 May 2022.

From 11 May 2022, all manufacturers and importers of vaping products and smokeless tobacco products must ensure that the notified regulated products they are selling in New Zealand conform to the new packaging regulations.

These new packaging regulations are outlined in Part 4 and Part 5 of the Smokefree Environments and Regulated Products Regulations 2021 for smokeless tobacco products and vaping products, respectively.

Only notified vaping products permitted for sale from 11 February 2022

This is an important reminder that a key requirement under the Smokefree Environments and Regulated Products Act will be mandatory from Friday 11 February 2022.  

From 11 February, all retailers, Specialist Vape Retailers, manufacturers and importers must only sell notified vaping products and smokeless tobacco products. From 11 August 2021, manufacturers and importers were able to notify their notifiable products through the Ministry of Health’s Health Advisory and Regulatory Platform (HARP).

By 11 February, all manufacturers and importers must have notified the Vaping Regulatory Authority about the products they intend to sell in New Zealand after that date. All products must comply with the relevant product safety requirements before they can be notified, and notifications must be renewed every 12 months, or they will expire. 

Please refer to our product notifications section for further information.

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.

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.

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.

Call for Nominations to the Regulated Products Appeals Committee

The Ministry of Health is seeking nominations for the remaining member of the Regulated Products Appeals Committee.

Information for...

Industry

Find out what the 2021 regulations mean for the industry.

Businesses and employers

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

Schools and early childhood centres

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

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.

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