New Zealand Legislation: Acts

23A Compliant product display

• (1) A retailer of tobacco products must not expose a tobacco product for sale inside the retailer's place of business unless its exposure—

  • (i) complies with this section; and

  • (ii) complies with any regulations for the time being in force under section 39(1)(ia).

  (2) The exposure of tobacco products for sale inside a retailer's place of business complies with this section if, and only if,—

  • (a) no tobacco product exposed for sale is visible from outside the place; and

  • (b) unless the place of business is a tobacconist's shop, not more than 100 tobacco packages are exposed for sale at any point of sale; and

  • (c) unless the place of business is a tobacconist's shop, not more than 40 tobacco cartons are exposed for sale at any point of sale; and

  • (d) not more than 2 tobacco packages of the same kind are exposed for sale at any point of sale; and

  • (e) not more than 2 tobacco cartons of the same kind are exposed for sale at any point of sale; and

  • (f) no tobacco package (other than a pouch pack of loose tobacco) with a face that has an area greater than 66 cm² is exposed for sale; and

  • (g) no pouch pack of loose tobacco with a face that has an area greater than 105 cm² is exposed for sale; and

  • (h) no tobacco carton with a face that has an area greater than 266 cm² is exposed for sale; and

  • (i) either—

    • (i) no tobacco product is exposed for sale within 1 metre of any children's product exposed for sale; or

    • (ii) if, because of the size of the place, it is not reasonably practicable to keep all tobacco products exposed for sale at least 1 metre from any children's product exposed for sale, the retailer has taken all reasonably practicable steps to ensure that every tobacco product exposed for sale that is within 1 metre of any children's product exposed for sale is as far away from the children's product as possible; and

  • (j) no tobacco product is exposed for sale on any counter top or similar surface; and

  • (k) there is displayed at each point of sale where tobacco products are exposed for sale a rectangular sign, with its longer sides horizontal and its shorter sides vertical, and the message “SMOKING KILLS Ka mate koe i te kai hikareti” printed in black across it—

    • (i) within a black rectangular border that is no wider than an upper case letter “i” in the point size used for the words “SMOKING KILLS”; and

    • (ii) on a white background within that border; and

    • (iii) in the type face known as Helvetica; and

    • (iv) in roman font; and

    • (v) with the words “SMOKING KILLS” printed centred, in upper case letters, in 1 line; and

    • (vi) with the words “Ka mate koe i te kai hikareti” printed centred, in upper case and lower case letters (as it is printed in this subparagraph) in 1 line—

      • (A) beneath the words “SMOKING KILLS”; and

      • (B) in a point size such that its risers are two-thirds the height of the words “SMOKING KILLS”; and

    • (vii) in a type that is clear and legible, of normal weight, and of such a point size that the words “Ka mate koe i te kai hikareti” do not touch the vertical elements of the border, but as nearly as possible take up the full width of the sign between them.

  (3) The sign must have at least the lesser of the following areas:

  • (a) 1 square metre:

  • (b) 10% of the area of the display in which the tobacco products are exposed for sale.

  (4) The sign may include the attribution “Ministry of Health Warning”, printed centred, in 1 line beneath the words “Ka mate koe i te kai hikareti”,—

  • (a) in upper case and lower case letters (as it is set out above); and

  • (b) in an italic font in the type face known as Helvetica; and

  • (c) in a point size such that its risers are no more than half the height of the words “SMOKING KILLS”; and

  • (d) otherwise in accordance with subsection (2)(k).

  (5) The sign must not include anything that is not—

  • (a) required by subsection (2)(k); or

  • (b) authorised by subsection (4).

  (6) For the purposes of subsection (2)(k), tobacco products are exposed for sale at a point of sale if they are exposed for sale—

  • (a) in a display that forms part of a unit or counter of which that point of sale forms part; or

  • (b) at a place that—

    • (i) is within 2 metres of that point of sale; and

    • (ii) is not closer to some other point of sale than to that point of sale.

  Section 23A: inserted, on 10 December 2004, by section 17 of the Smoke-free Environments Amendment Act 2003 (2003 No 127).