Smokefree Environments and Regulated Products Amendment Act (No 2) 2024
Version updated on 17 January 2025 to make an editorial change to section 2.
Smokefree Environments and Regulated Products Amendment Act (No 2) 2024
Public Act |
2024 No 53 |
|
Date of assent |
17 December 2024 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024.
2 Commencement
(1)
This Act comes into force on the day after Royal assent.
Section 2(2): editorial change made by the PCO, on 17 January 2025, under sections 86(1) and 87(l)(i) of the Legislation Act 2019 (2019 No 58).
3 Principal Act
This Act amends the Smokefree Environments and Regulated Products Act 1990.
Part 1 Amendments to principal Act
4 Section 2 amended (Interpretation)
In section 2(1), insert in its appropriate alphabetical order:
disposable vaping device means a vaping device that is not designed or intended to be reused, and includes a vaping device that—
(a)
is not designed to be refilled by the user with a vaping substance or by using a pod, cartridge, or similar storage container; or
(b)
is not designed to be recharged; or
(c)
is described by both paragraphs (a) and (b)
5 Section 3A amended (Purposes of this Act)
After section 3A(d), insert:
(da)
to reduce access to regulated products by children and young people; and
6 Section 3AA amended (Guide to this Act)
After section 3AA(2), insert:
(2A)
Part 1AA prohibits the sale, manufacture, supply, and distribution of disposable vaping devices.
7 New Part 1AA inserted
After section 20F, insert:
Part 1AA Prohibition of disposable vaping devices
20FA Prohibition of disposable vaping devices
(1)
A person must not sell, offer for sale, manufacture, supply, or distribute a disposable vaping device.
(2)
A person who without reasonable excuse contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding,—
(a)
for a notifier or large retailer, $400,000; and
(b)
for any other person, $50,000.
8 Section 20P amended (Application for approval as specialist vape retailer)
(1)
After section 20P(2)(a), insert:
(aa)
the retail premises in which the vaping products are or will be sold are—
(i)
at least 300 metres from the boundary of a registered school listed, on the date on which the application for approval is received, on an Internet site provided by the Ministry of Education; and
(ii)
at least 300 metres from the boundary of a marae listed, on the date on which the application for approval is received, on an Internet site provided by the Ministry of Māori Development—Te Puni Kōkiri; and
(iii)
at least 100 metres from the boundary of a licensed early childhood service listed, on the date on which the application for approval is received, on an Internet site provided by the Ministry of Education; and
(2)
Replace section 20P(2)(c) with:
(c)
the applicant understands its obligations under this Act (including about sales to minors); and
(d)
any requirements in regulations have been met.
9 Section 20R amended (Obligation of person selling notifiable products)
In section 20R(1), after “selling the products”
, insert “and the name and address of each premises from which they are selling the products”
.
10 Section 23 amended (Publishing regulated product advertisement prohibited)
Replace section 23(5)(c) with:
(c)
in any other case, to a fine not exceeding $50,000.
11 Section 24 amended (Specified publications exempt from advertising prohibition)
(1)
In section 24(g)(i), replace “or on the Internet site of the retailer”
with “of a specialist vape retailer”
.
(2)
Repeal section 24(l).
12 Section 25 amended (Retailers, vending machines, and Internet sellers exempt from advertising prohibition in certain circumstances)
(1)
After section 25(4), insert:
(4A)
To avoid doubt, subsection (4) does not permit publication on an Internet site of a link to a regulated product advertisement that does not comply with this Act or regulations.
(2)
Repeal section 25(5).
13 Section 33 amended (Free distribution of regulated product prohibited)
Repeal section 33(4).
14 Section 36 amended (Rewards involving regulated product prohibited)
Repeal section 36(4).
15 Section 37 amended (Regulated product (other than vaping product) must not be visible from place of business)
(1)
In the heading to section 37, delete “(other than vaping product)”
.
(2)
In section 37(1), delete “other than a vaping product”
.
(3)
After section 37(3), insert:
(3A)
Subsection (1) does not apply to a specialist vape retailer in relation to a vaping product.
(3B)
A specialist vape retailer must not display a vaping product or its packaging in a way that makes it visible from outside their place of business.
(4)
Replace section 37(4) with:
(4)
A person who, without reasonable excuse, contravenes subsection (1) or (3B) commits an offence and is liable to a fine not exceeding $50,000.
16 Section 40 amended (Sale and delivery of regulated product to people younger than 18 years prohibited)
(1)
In section 40(2)(a), replace “$10,000”
with “$100,000”
.
(2)
In section 40(2)(b), replace “$5,000”
with “$10,000”
.
17 Section 46 amended (Regulated product (other than vaping product) must not be visible from outside automatic vending machines)
(1)
In the heading to section 46, delete “(other than vaping product)”
.
(2)
In section 46(1), delete “other than a vaping product”
.
18 Section 60 amended (Notifier must not sell product unless it has been notified)
After section 60(1)(b), insert:
(c)
complies with any applicable requirements in this Act or regulations.
19 Section 62 replaced (Pre-notification requirements)
Replace section 62 with:
62 Pre-notification requirements
Before notifying a notifiable product that is intended for sale in New Zealand, the notifier must ensure that the product complies with any applicable requirements in this Act or regulations.
20 Section 65 amended (Obligations of retailers)
After section 65(1)(e), insert:
(f)
unless it complies with any applicable requirements in this Act or regulations.
21 Section 74 amended (Director-General may suspend product notification)
After section 74(1)(d), insert:
(e)
the Director-General has reasonable grounds to believe that the product does not comply with any applicable requirements in this Act or regulations.
22 Section 75 amended (Cancellation of product notification)
After section 75(1)(d), insert:
(e)
the Director-General has reasonable grounds to believe that the product does not comply with any applicable requirements in this Act or regulations.
23 Section 87 amended (Infringement offences)
(1)
In section 87, definition of infringement fee, paragraph (b), delete “37(4),”
.
(2)
In section 87, definition of infringement fee, paragraph (b), delete “40(2),”
.
(3)
In section 87, definition of infringement fee, paragraph (c), replace “$500”
with “means $500; and”
.
(4)
In section 87, definition of infringement fee, after paragraph (c), insert:
(ca)
in relation to an infringement offence against section 20FA, 23(5), or 37(4), means $2,000; and
(5)
In section 87, definition of infringement fee, after paragraph (c), insert:
(d)
in relation to an infringement offence against section 40(2), means—
(i)
$2,000 in the case of a manufacturer, an importer, a distributor, or a retailer; or
(ii)
$1,000 in any other case
(6)
In section 87, definition of infringement offence, replace “sections 20R(4), 20S(4),”
with “sections 20FA(2), 20R(4), 20S(4), 23(5),”
.
(7)
In section 87, definition of infringement offence, replace “43(4),”
with “43(3),”
.
24 Section 90A amended (Liability for action of employee)
In section 90A(1), after “against section”
, insert “20FA,”
.
25 Section 90B amended (Burden of proof of reasonable excuse)
In section 90B, after “(8C),”
, insert “20FA(2),”
.
26 Section 94 amended (Enforcement officer may require identifying information)
In section 94(2)(b)(i), replace “name and address”
with “name, address, and, in the case of an individual, date of birth”
.
Part 2 Amendments to Smokefree Environments and Regulated Products Regulations 2021
27 Principal regulations
This Part amends the Smokefree Environments and Regulated Products Regulations 2021.
28 Regulation 3 amended (Interpretation)
In regulation 3, revoke the definitions of reusable vaping device and single-use vaping device.
29 Regulation 57 amended (How information about tobacco products offered for Internet sale must be provided)
(1)
In the heading to regulation 57, replace “tobacco products”
with “regulated products”
.
(2)
In section 57(1), replace “tobacco products”
with “regulated products”
.
(3)
In section 57(4)(a), replace “tobacco product, the variant”
with “regulated product, the variant name”
.
(4)
In section 57(5), replace “At the top”
with “If the Internet site contains information about tobacco products, at the top”
.
(5)
In section 57(6), replace “At the bottom”
with “If the Internet site contains information about tobacco products, at the bottom”
.
30 Part 6B revoked
Revoke Part 6B.
31 Schedule 5 amended
(1)
In Schedule 5, revoke clause 1A.
(2)
In Schedule 5, clause 14, delete “and is intended for use in a reusable vaping device”
.
(3)
In Schedule 5, after clause 19A, insert:
19B
A child safety mechanism must not be able to be overridden or deactivated by a user.
(4)
In Schedule 5, revoke clause 24A.
Legislative history
5 September 2024 |
Introduction (Bill 75–1) |
|
12 September 2024 |
First reading and referral to Health Committee |
|
31 October 2024 |
Reported from Health Committee (Bill 75–2) |
|
13 November 2024 |
Second reading |
|
19 November 2024 |
Committee of the whole House |
|
10 December 2024 |
Third reading |
|
17 December 2024 |
Royal assent |
This Act is administered by the Ministry of Health.