*Wellington, New Zealand — In a significant step to curb youth access to vaping products, the New Zealand Government has announced forthcoming amendments to the Smokefree Environments and Regulated Products Act 1990. These amendments aim to restrict the availability and appeal of e-cigarettes, especially for those under 18, and reinforce the country’s commitment to reducing tobacco-related harm.
The proposed changes are encapsulated in the Smokefree Environments and Regulated Products Amendment Bill (No. 2), which is currently undergoing the legislative process. Once passed, this Bill will introduce stricter regulations, including increased fines, expanded restrictions on store locations, bans on disposable vapes, and additional reporting requirements for regulated product sellers.
Key Provisions in the Amendment Bill Include:
- Location Restrictions on Specialist Vape Stores
New specialist vape retailers will be prohibited from opening within 100 meters of Early Childhood Education Centres (ECEs). Existing specialist stores and general retailers are exempt from this new rule. This amendment reinforces the current rule that all specialist vape stores must be located over 300 meters away from schools and marae. - Increased Penalties for Non-Compliance
Penalties for selling vaping products to minors will rise significantly, with fines for businesses jumping from $10,000 to $100,000 and from $5,000 to $10,000 in other cases. Infringement fines will also increase, providing stronger deterrents for unlawful sales to underage consumers. - Retail Visibility Ban on Vaping Products
To further reduce the appeal of vaping products to youth, the Bill mandates that all general retailers must conceal vaping and heated tobacco products from public view. Specialist stores are required to ensure products are not visible from outside. Compliance guidance for retailers will be available from the Ministry of Health in early 2025. - Ban on Disposable Vapes
The legislation will impose a ban on the import, manufacture, sale, and supply of disposable vapes, a measure aimed at reducing waste and limiting youth access to affordable vaping options. The ban will take effect six months after the Bill becomes law, allowing businesses time to adjust. - Enhanced Regulated Product Seller (RPS) Notifications
The Bill will require more comprehensive reporting for those in the vaping and tobacco industries. Regulated Product Sellers will need to update their registrations with business and trading addresses in the Health Advisory and Regulatory Platform (HARP). Existing notifications must be updated, and failure to comply may result in fines.
Implementation Timeline
The Bill’s provisions will be introduced in stages. Location restrictions for new stores and heightened penalties will take effect immediately after the Bill’s passage. The ban on disposable vapes and retail visibility requirements will commence six months later, expected in November 2024, to provide the industry with time to adapt.
This comprehensive legislative update underlines New Zealand’s commitment to minimizing youth access to e-cigarettes and creating a healthier environment for all citizens. As the Bill progresses, the Ministry of Health will offer further guidance to ensure compliance and a smooth transition for businesses.
About the Smokefree Environments and Regulated Products Act
Enacted in 1990, the Smokefree Environments and Regulated Products Act provides the framework for New Zealand’s efforts to reduce tobacco consumption, with a particular focus on protecting young people from exposure to smoking and vaping products. The Act is part of the government’s broader Smokefree 2025 goal.
