Smokefree Environments and Regulated Products Act 1990

Reprint as at 11 November 2020

Coat of Arms of New Zealand

Smokefree Environments and Regulated Products Act 1990

Public Act
 
1990 No 108
Date of assent
 
28 August 1990
Commencement
 
see section 1

Act title: replaced, on 11 November 2020, by section 4 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Health.

Contents

Title [Repealed]
1Title and commencement
2Interpretation
3Act binds the Crown
3APurposes of this Act
3BTransitional, savings, and related provisions
4Purposes of this Part
5Smoking and vaping in workplaces prohibited
5AEmployer may permit smoking or vaping in vehicle with consent of users
6Dedicated rooms in hospital care institutions, residential disability care institutions, and rest homes
6ASmoking in prison cells [Repealed]
7Duties of employer [Repealed]
7ASmoking and vaping prohibited at schools and early childhood education and care centres
8Smoking and vaping prohibited on aircraft
9Smoking and vaping restricted in passenger service vehicles
10Application of Act to ships
11Smoking and vaping prohibited in certain travel premises
12Smoking and vaping on licensed premises
13Smoking and vaping in restaurants
13ASmoking and vaping in casinos
13BSmoking and vaping in certain gaming machine venues
14Specialist vape retailers and vaping in approved vaping premises exempt
14AApplication for approval as specialist vape retailer
15Complaints relating to smoking or vaping in workplace
16Complaints to Director-General
17Offences in respect of smoking and vaping
17APenalties
18Prosecution of offences
19Protection of persons acting under authority of Act [Repealed]
20Saving of powers to make bylaws
20AHealth and Safety at Work Act 2015 not affected
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
27Prohibited oral communications
28Defined terms in this subpart
29Sponsoring activity involving use of trade mark, etc, of regulated product
30Sponsoring activity involving exclusive supply arrangement
31Use of trade marks, etc, on goods other than regulated products or in relation to sponsored events
32Exemption for craft in emergencies
33Free distribution of regulated product prohibited
34Distribution and supply of regulated product with other product prohibited
35Arrangements conflicting with Act have no effect
36Rewards involving regulated product prohibited
37Regulated product (other than vaping product) must not be visible from place of business
38Point-of-sale health information or warning signs
39Internet-sales health information or warnings
40Sale and delivery of regulated product to people younger than 18 years prohibited
41Supplying regulated product to people younger than 18 years prohibited
42Sale of toy regulated product to people younger than 18 years prohibited
43Point-of-sale purchase age information
44Internet-sales purchase age information or warnings
45Court may order certain repeat offenders not to sell regulated product
46Regulated product (other than vaping product) must not be visible from outside automatic vending machines
47Automatic vending machines must not be located where public have access
48Automatic vending machines must display health messages required by or under this Act
[Repealed]
21Purpose of this Part [Repealed]
[Repealed]
22Advertising of tobacco products [Repealed]
22AExemptions from advertising prohibition for specified publications [Repealed]
23Exemptions from advertising prohibition for retailers, vending machines, and Internet sellers [Repealed]
23ADisplay of tobacco products in or from sales outlets or vending machines generally prohibited [Repealed]
23BTransitional exemption regulations expire 12 months after section 23A comes into force [Repealed]
24Use of trade marks, etc, on goods other than tobacco products, or in relation to sponsored events [Repealed]
25Sponsoring activity involving use of trade mark, etc, of tobacco products [Repealed]
25ASponsoring activity involving exclusive supply arrangement [Repealed]
26Exemptions for participants in certain events [Repealed]
26AExemption for multinational sporting events [Repealed]
27Exemption for craft in emergencies [Repealed]
28Free distribution and rewards prohibited [Repealed]
28AArrangements conflicting with Act have no effect [Repealed]
29Tobacco product not to be advertised or labelled as suitable for chewing, etc [Repealed]
[Repealed]
29AAPoint-of-sale health information or warnings signs [Repealed]
29AABInternet-sales health information or warnings [Repealed]
29ASale of tobacco products with other products prohibited [Repealed]
29BRestriction on use of automatic vending machines [Repealed]
30Sale, and sellers’ arranging or effecting delivery, of tobacco products and herbal smoking products to people under 18 prohibited [Repealed]
30AASupplying tobacco products or herbal smoking products to people under 18 prohibited [Repealed]
30ABCertain repeat offenders may be ordered not to sell tobacco products [Repealed]
30ARestrictions on sale of certain tobacco products in small quantities [Repealed]
31Limits on harmful constituents [Repealed]
31AStandardised packaging of tobacco products [Repealed]
32Messages and information required for tobacco products [Repealed]
32AAMessages and information required for herbal smoking products [Repealed]
[Repealed]
33Annual testing for constituents [Repealed]
34Director-General may require further testing [Repealed]
35Returns and reports [Repealed]
[Repealed]
36Offences in respect of tobacco products and herbal smoking products [Repealed]
36AAOffence in respect of standardised packaging of tobacco products [Repealed]
36AABPresumption about large retailer [Repealed]
36AToy tobacco products [Repealed]
37Enforcement [Repealed]
38Liability of employees, employers, agents, and principals [Repealed]
38AInfringement offences [Repealed]
38BCommission of infringement offences [Repealed]
38CInfringement notices [Repealed]
38DPayment of infringement fees [Repealed]
[Repealed]
39Regulations [Repealed]
39ARegulations for standardised packaging (including messages and information) [Repealed]
40Transitional provisions [Repealed]
41Amendment, repeals, and revocations [Repealed]
41AAPurposes of Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 [Repealed]
[Repealed]
41APowers of entry and inspection [Repealed]
41BRequirement to give identifying information [Repealed]
41BASearch warrant [Repealed]
41CPurposes for which powers may be used [Repealed]
41DDuties of enforcement officers [Repealed]
41EOffences in respect of enforcement officers [Repealed]
41FEnforcement [Repealed]
49Purposes of this Part
50Standardised packaging of regulated products
51Offence in respect of standardised packaging of regulated products
52Messages and information required for regulated product package
53Restrictions on sale of certain regulated products in small quantities
54Restrictions on advertising, labelling, and sale of oral use products
55Limits on harmful constituents of tobacco products and herbal smoking products
56Annual testing for constituents of prescribed regulated products
57Director-General may require testing or further testing
[Repealed]
42Transitional provisions for certain amendments [Repealed]
[Repealed]
42Meaning of sponsorship [Repealed]
43Council established [Repealed]
44Principal functions of Council [Repealed]
45Membership of Council [Repealed]
46Term of office of members of Council [Repealed]
47Meetings of Council [Repealed]
48Conflict of interest [Repealed]
49Council to appoint chief executive [Repealed]
50Other staff [Repealed]
51Council may appoint advisory and technical committees [Repealed]
52Council may co-opt specialist advice [Repealed]
53Remuneration and allowances for members of Council and committees [Repealed]
54Salaries, etc, to be paid out of funds of Council [Repealed]
55Powers of Council [Repealed]
56Council to provide alternative sponsorship [Repealed]
57Minister may give Council directions [Repealed]
58Council to submit annual budget and plans for Minister’s approval [Repealed]
59Funds of Council [Repealed]
60Further provisions relating to funds [Repealed]
61Liability of Council and members [Repealed]
62Accounts [Repealed]
62ACrown entity [Repealed]
63Annual reports [Repealed]
64Ombudsmen Act 1975 amended [Repealed]
65Films Act 1983 amended [Repealed]
58Purpose of this Part
59Defined terms
60Notifier must not sell product unless it has been notified
61Notifier must be New Zealand resident or company registered in New Zealand
62Pre-notification requirements
63How to notify product
64When notification expires
65Obligations of retailers
66Obligation to notify adverse reaction
67When notifiable product must be renotified
68Notifiable product must not contain prohibited substance, prohibited flavour, or colouring substance
69Substances in notifiable product must not exceed maximum limits
70Declaration of prohibited substance
71Director-General may require notifier to provide information about safety of notifiable product
72Director-General may issue warning
73Recall
74Director-General may suspend product notification
75Cancellation of product notification
76Appeals against decision to suspend or cancel product notification
77Establishment of database and confidentiality of certain information
78Technical advisory committee
79Appeals committee
80Outline
81Regulations
82Regulations under section 81
83Regulations for standardised packaging (including messages and information)
84Regulations relating to notifiable products
85Regulations imposing fees
86Regulations imposing levies
87Infringement offences
88Commission of infringement offences
89Infringement notices
90Payment of infringement fees
91Appointment of enforcement officers
92Protection of people acting under authority of this Act
93Powers of entry and inspection
94Enforcement officer may require identifying information
95Search warrant
96Purposes for which powers may be used
97Duties of enforcement officers
98Offence to obstruct enforcement officers, intentionally fail to comply with section 93, or give false and misleading information
99Enforcement
100Annual reporting requirements for manufacturers, importers, and specialist vape retailers
Reprint notes
Title [Repealed]

Title: repealed, on 23 July 2011, by section 5 of the Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 (2011 No 53).