Smokefree Environments and Regulated Products (Vaping) Amendment Bill

  • enacted

Hon Jenny Salesa

Smokefree Environments and Regulated Products (Vaping) Amendment Bill

Government Bill

222—2

Contents

Commentary
Key
1Title
2Commencement
3Principal Act
4Title of principal Act changed
5Section 2 amended (Interpretation)
6Section 3A replaced (Purposes of this Act)
3APurposes of this Act
7New section 3B inserted (Transitional, savings, and related provisions)
3BTransitional, savings, and related provisions
8Part 1 heading replaced
9Section 4 amended (Purposes of this Part)
10Section 5 amended (Smoking in workplaces prohibited)
11Section 5A amended (Employer may permit smoking in vehicle with consent of users)
12Section 6 amended (Dedicated smoking rooms in hospital care institutions, residential disability care institutions, and rest homes)
13Section 7A amended (Smoking prohibited at schools and early childhood education and care centres)
14Section 8 amended (Smoking prohibition on aircraft)
15Section 9 amended (Smoking restricted in passenger service vehicles)
16Section 11 amended (Smoking prohibited in certain travel premises
17Section 12 amended (Smoking on licensed premises)
18Section 13 amended (Smoking in restaurants)
19Section 13A amended (Smoking in casinos)
20Section 13B amended (Smoking in certain gaming machine venues)
21Section 14 replaced (Enforcement officers)
14Specialist vape retailers and vaping in approved vaping premises exempt
14AApplication for approval as specialist vape retailer
22Section 15 amended (Complaints relating to workplace smoking)
23Section 17 amended (Offences in respect of smoking)
24Section 17A amended (Penalties)
25Section 18 amended (Prosecution of offences)
25ASection 19 repealed (Protection of persons acting under authority of Act)
26Parts 2 to 3 replaced
21Outline of this Part
22Purposes of this Part
23Publishing regulated product advertisement prohibited
24Specified publications exempt from advertising prohibition
25Retailers, vending machines, and Internet sellers exempt from advertising prohibition in certain circumstances
26Liability of employees, employers, agents, and principals
27Defined terms in this subpart
28Sponsoring activity involving use of trade mark, etc, of regulated products
29Sponsoring activity involving exclusive supply arrangement
30Use of trade marks, etc, on goods other than regulated products or in relation to sponsored events
31Exemption for craft in emergencies
32Free distribution of regulated product prohibited
33Distribution and supply of regulated products with other products prohibited
34Rewards involving regulated product prohibited
35Arrangements conflicting with Act have no effect
36Regulated product (other than vaping product) must not be visible from place of business
37Point-of-sale health information or warning signs
38Internet-sales health information or warnings
39Sale and delivery of regulated product to people younger than 18 years prohibited
40Supplying regulated product to people younger than 18 years prohibited
41Sale of toy regulated products to people younger than 18 years prohibited
42Point-of-sale purchase age information
43Internet-sales purchase age information or warnings
44Court may order certain repeat offenders not to sell regulated product
45Regulated products (other than vaping product) must not be visible from outside automatic vending machines
46Automatic vending machines must not be located where public have access
47Automatic vending machines must display health messages required by or under this Act
48Purposes of this Part
49Standardised packaging of regulated products
50Offence in respect of standardised packaging of regulated products
51Messages and information required for regulated product package
52Restrictions on sale of certain regulated products in small quantities
53Regulated product not to be advertised or labelled as suitable for chewing, etc Restrictions on advertising, labelling, and sale of oral use products
54Limits on harmful constituents of tobacco products and herbal smoking products
55Annual testing for constituents of prescribed regulated products
56Director-General may require testing or further testing
57Purpose of this Part
58Defined terms
59Notifier must not sell product unless it has been notified
60Notifier must be New Zealand resident or company registered in New Zealand
61Pre-notification requirements
62How to notify product
63Obligations of retailers
64Obligation to notify adverse reaction
65When notifiable product must be renotified
66Substances that notifiable Notifiable product must not contain prohibited substance, prohibited flavour, or colouring substance
66ASubstances in notifiable product must not exceed maximum limits
67Declaration of prohibited ingredient substance
68Director-General may require notifier to provide information about safety of notifiable product
69Director-General may issue warning
70Recall
71Director-General may suspend product notification
72Cancellation of product notification
72AAppeals against decision to suspend or cancel product notification
73Establishment of database and confidentiality of certain information
73ATechnical advisory committee
73BAppeals committee
74Outline
75Regulations
76Regulations under section 75
77Regulations for standardised packaging (including messages and information)
78Regulations relating to notifiable products
79Regulations imposing fees
80Regulations imposing levies
81Infringement offences
82Commission of infringement offences
83Infringement notices
84Payment of infringement fees
85Appointment of enforcement officers
86Protection of people acting under authority of this Act
87Powers of entry and inspection
88Enforcement officer may require identifying information
89Search warrant
90Purposes for which powers may be used
91Duties of enforcement officers
92Offence to obstruct enforcement officers, intentionally fail to comply with section 87, or give false and misleading information
93Enforcement
94Annual reporting requirements for manufacturers, importers, and specialist vape retailers
27Schedule amended
28New Schedule 2 inserted
29Enactments amended
Legislative history

The Parliament of New Zealand enacts as follows: