Smokefree Environments and Regulated Products Act 1990

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Version as at 1 January 2023

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

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Health.

	Title [Repealed]
1	Title and commencement
2	Interpretation
3	Act binds the Crown
3A	Purposes of this Act
3AA	Guide to this Act
3AB	Te Tiriti o Waitangi (the Treaty of Waitangi)
3B	Transitional, savings, and related provisions
	Part 1 Smoking and vaping prohibited in workplaces and public areas
4	Purposes of this Part [Repealed]
5	Smoking and vaping in workplaces prohibited
5A	Employer may permit smoking or vaping in vehicle with consent of users
6	Dedicated rooms in hospital care institutions, residential disability care institutions, and rest homes
6A	Smoking in prison cells [Repealed]
7	Duties of employer [Repealed]
7A	Smoking and vaping prohibited at schools and early childhood education and care centres
8	Smoking and vaping prohibited on aircraft
9	Smoking and vaping restricted in passenger service vehicles
10	Application of Act to ships
11	Smoking and vaping prohibited in certain travel premises
12	Smoking and vaping on licensed premises
13	Smoking and vaping in restaurants
13A	Smoking and vaping in casinos
13B	Smoking and vaping in certain gaming machine venues
14	Specialist vape retailers and vaping in approved vaping premises exempt
14A	Application for approval as specialist vape retailer [Repealed]
15	Complaints relating to smoking or vaping in workplace
16	Complaints to Director-General
17	Offences in respect of smoking and vaping
17A	Penalties
18	Prosecution of offences [Repealed]
19	Protection of persons acting under authority of Act [Repealed]
20	Saving of powers to make bylaws
20A	Health and Safety at Work Act 2015 not affected
	Part 1A Smoke-free motor vehicles carrying child occupants
20B	Purpose of this Part [Repealed]
20C	Interpretation for this Part
20D	Smoking or vaping prohibited in motor vehicle carrying child occupant
20E	Constable’s powers
	Offences
20F	Offences in respect of constables
	Part 1B Regulation of entry into smoked tobacco and vaping products markets
	Subpart 1—Approval as smoked tobacco retailer
20G	Sale of smoked tobacco products other than by approved smoked tobacco retailer prohibited
20H	Application for approval as smoked tobacco retailer
20I	Grant of approval as smoked tobacco retailer
20J	Director-General may suspend approval
20K	Director-General may cancel approval
20L	Director-General to determine and publish application process
20M	Director-General must set maximum numbers of approved smoked tobacco retail premises
20N	Consultation with Māori
20O	Director-General to ensure maximum numbers of approved smoked tobacco retail premises not exceeded
	Subpart 2—Approval as specialist vape retailer
20P	Application for approval as specialist vape retailer
20Q	Conditions of approval granted under section 20P
	Subpart 3—Notification obligations
20R	Obligation of person selling notifiable products
20S	Obligation of distributor in respect of smoked tobacco products
	Part 2 Restrictions on advertising, promotion, sale, and distribution of regulated products
21	Outline of this Part [Repealed]
22	Purposes of this Part [Repealed]
	Subpart 1—Restrictions on advertising of regulated products and related communications
23	Publishing regulated product advertisement prohibited
24	Specified publications exempt from advertising prohibition
25	Retailers, vending machines, and Internet sellers exempt from advertising prohibition in certain circumstances
26	Liability of employees, employers, agents, and principals
27	Prohibited oral communications
	Subpart 2—Restrictions on sponsorship and related activities
28	Defined terms in this subpart
29	Sponsoring activity involving use of trade mark, etc, of regulated product
30	Sponsoring activity involving exclusive supply arrangement
31	Use of trade marks, etc, on goods other than regulated products or in relation to sponsored events
32	Exemption for craft in emergencies
	Subpart 3—Prohibited ways of supplying and distributing regulated products
33	Free distribution of regulated product prohibited
34	Distribution and supply of regulated product with other product prohibited
35	Arrangements conflicting with Act have no effect
	Subpart 4—Inducements and rewards involving regulated products prohibited
36	Rewards involving regulated product prohibited
	Subpart 5—Visibility of regulated products
37	Regulated product (other than vaping product) must not be visible from place of business
	Subpart 6—Information and warnings at point of sale and on Internet
38	Point-of-sale health information or warning signs
39	Internet-sales health information or warnings
	Subpart 7—Sale of regulated products and toy regulated products to people under 18 years
40	Sale and delivery of regulated product to people younger than 18 years prohibited
41	Supplying regulated product to people younger than 18 years prohibited
42	Sale of toy regulated product to people younger than 18 years prohibited
43	Point-of-sale purchase age information
44	Internet-sales purchase age information or warnings
45	Court may order certain repeat offenders not to sell regulated product
	Subpart 8—Sale of regulated products by way of automatic vending machines
46	Regulated product (other than vaping product) must not be visible from outside automatic vending machines
47	Automatic vending machines must not be located in public place
48	Automatic vending machines must display health messages required by or under this Act
	Part 2 Control of smoking products [Repealed]
21	Purpose of this Part [Repealed]
	Promotion and advertising [Repealed]
22	Advertising of tobacco products [Repealed]
22A	Exemptions from advertising prohibition for specified publications [Repealed]
23	Exemptions from advertising prohibition for retailers, vending machines, and Internet sellers [Repealed]
23A	Display of tobacco products in or from sales outlets or vending machines generally prohibited [Repealed]
23B	Transitional exemption regulations expire 12 months after section 23A comes into force [Repealed]
24	Use of trade marks, etc, on goods other than tobacco products, or in relation to sponsored events [Repealed]
25	Sponsoring activity involving use of trade mark, etc, of tobacco products [Repealed]
25A	Sponsoring activity involving exclusive supply arrangement [Repealed]
26	Exemptions for participants in certain events [Repealed]
26A	Exemption for multinational sporting events [Repealed]
27	Exemption for craft in emergencies [Repealed]
28	Free distribution and rewards prohibited [Repealed]
28A	Arrangements conflicting with Act have no effect [Repealed]
29	Tobacco product not to be advertised or labelled as suitable for chewing, etc [Repealed]
	Sale and messages and information [Repealed]
29AA	Point-of-sale health information or warnings signs [Repealed]
29AAB	Internet-sales health information or warnings [Repealed]
29A	Sale of tobacco products with other products prohibited [Repealed]
29B	Restriction on use of automatic vending machines [Repealed]
30	Sale, and sellers’ arranging or effecting delivery, of tobacco products and herbal smoking products to people under 18 prohibited [Repealed]
30AA	Supplying tobacco products or herbal smoking products to people under 18 prohibited [Repealed]
30AB	Certain repeat offenders may be ordered not to sell tobacco products [Repealed]
30A	Restrictions on sale of certain tobacco products in small quantities [Repealed]
31	Limits on harmful constituents [Repealed]
31A	Standardised packaging of tobacco products [Repealed]
32	Messages and information required for tobacco products [Repealed]
32AA	Messages and information required for herbal smoking products [Repealed]
	Testing, reports, and returns [Repealed]
33	Annual testing for constituents [Repealed]
34	Director-General may require further testing [Repealed]
35	Returns and reports [Repealed]
	Offences [Repealed]
36	Offences in respect of tobacco products and herbal smoking products [Repealed]
36AA	Offence in respect of standardised packaging of tobacco products [Repealed]
36AAB	Presumption about large retailer [Repealed]
36A	Toy tobacco products [Repealed]
37	Enforcement [Repealed]
38	Liability of employees, employers, agents, and principals [Repealed]
38A	Infringement offences [Repealed]
38B	Commission of infringement offences [Repealed]
38C	Infringement notices [Repealed]
38D	Payment of infringement fees [Repealed]
	Miscellaneous provisions [Repealed]
39	Regulations [Repealed]
39A	Regulations for standardised packaging (including messages and information) [Repealed]
40	Transitional provisions [Repealed]
41	Amendment, repeals, and revocations [Repealed]
41AA	Purposes of Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 [Repealed]
	Part 2A Powers of enforcement officers [Repealed]
41A	Powers of entry and inspection [Repealed]
41B	Requirement to give identifying information [Repealed]
41BA	Search warrant [Repealed]
41C	Purposes for which powers may be used [Repealed]
41D	Duties of enforcement officers [Repealed]
41E	Offences in respect of enforcement officers [Repealed]
41F	Enforcement [Repealed]
	Part 3 Packaging and labelling of regulated products
49	Purposes of this Part [Repealed]
	Subpart 1—Packaging and labelling requirements
50	Standardised packaging of regulated products
51	Offence in respect of standardised packaging of regulated products
52	Messages and information required for regulated product package
53	Restrictions on sale of certain regulated products in small quantities
54	Restrictions on advertising, labelling, and sale of oral use products
	Subpart 2—Constituents of regulated products [Repealed]
55	Limits on harmful constituents of tobacco products and herbal smoking products [Repealed]
56	Annual testing for constituents of prescribed regulated products [Repealed]
57	Director-General may require testing or further testing [Repealed]
	Part 3 Transitional provisions for certain amendments [Repealed]
42	Transitional provisions for certain amendments [Repealed]
	Part 3 Health Sponsorship Council [Repealed]
42	Meaning of sponsorship [Repealed]
43	Council established [Repealed]
44	Principal functions of Council [Repealed]
45	Membership of Council [Repealed]
46	Term of office of members of Council [Repealed]
47	Meetings of Council [Repealed]
48	Conflict of interest [Repealed]
49	Council to appoint chief executive [Repealed]
50	Other staff [Repealed]
51	Council may appoint advisory and technical committees [Repealed]
52	Council may co-opt specialist advice [Repealed]
53	Remuneration and allowances for members of Council and committees [Repealed]
54	Salaries, etc, to be paid out of funds of Council [Repealed]
55	Powers of Council [Repealed]
56	Council to provide alternative sponsorship [Repealed]
57	Minister may give Council directions [Repealed]
58	Council to submit annual budget and plans for Minister’s approval [Repealed]
59	Funds of Council [Repealed]
60	Further provisions relating to funds [Repealed]
61	Liability of Council and members [Repealed]
62	Accounts [Repealed]
62A	Crown entity [Repealed]
63	Annual reports [Repealed]
64	Ombudsmen Act 1975 amended [Repealed]
65	Films Act 1983 amended [Repealed]
	Part 3A Requirements for smoked tobacco products
	Smoked tobacco products must be approved
57A	Interpretation
57B	Smoked tobacco products must be approved
57C	Application for approval for sale or import of smoked tobacco products
57D	Director-General may suspend approval or temporary approval
57E	Director-General may cancel approval or temporary approval
	Constituents of smoked tobacco products
57F	Limits on constituents of smoked tobacco products
57G	Annual testing for constituents of smoked tobacco products
57H	Director-General may require testing or further testing
57I	Limits on nicotine for smoked tobacco products
	Part 4 Regulated products that must be notified
58	Purpose of this Part [Repealed]
59	Defined terms [Repealed]
60	Notifier must not sell product unless it has been notified
61	Notifier must be New Zealand resident or company registered in New Zealand
62	Pre-notification requirements
63	How to notify product
64	When notification expires
65	Obligations of retailers
66	Obligation to notify adverse reaction
67	When notifiable product must be renotified
68	Notifiable product must not contain prohibited substance, prohibited flavour, or colouring substance
69	Substances in notifiable product must not exceed maximum limits
69A	Annual testing for constituents of notifiable products
69B	Director-General may require testing or further testing of notifiable product
70	Declaration of prohibited substance
71	Director-General may require notifier to provide information about safety of notifiable product
72	Director-General may issue warning
73	Recall
74	Director-General may suspend product notification
75	Cancellation of product notification
76	Appeals against decision to suspend or cancel product notification [Repealed]
77	Establishment of database and confidentiality of certain information
78	Technical advisory committee
79	Appeals committee [Repealed]
	Part 5 Regulations, enforcement, and other matters
80	Outline
	Subpart 1—Regulations
81	Regulations
82	Regulations under section 81
82A	Regulations for sale and distribution of smoked tobacco products
82B	Regulations relating to requirements for smoked tobacco products
83	Regulations for standardised packaging (including messages and information)
	Notifiable products
84	Regulations relating to notifiable products
85	Regulations imposing fees
86	Regulations imposing levies
	Subpart 2—Offences
	Infringement offences
87	Infringement offences
88	Commission of infringement offences
89	Infringement notices
90	Payment of infringement fees
	Other offence provisions
90A	Liability for action of employee
90B	Burden of proof of reasonable excuse
	Subpart 3—Enforcement officers
91	Appointment of enforcement officers
92	Protection of people acting under authority of this Act
93	Powers of entry and inspection
94	Enforcement officer may require identifying information
95	Search warrant
96	Purposes for which powers may be used
97	Duties of enforcement officers
98	Offence to obstruct enforcement officers, intentionally fail to comply with section 93, or give false and misleading information
99	Enforcement
	Subpart 4—Annual returns and reports
100	Annual reporting requirements for manufacturers, importers, distributors, and retailers of regulated products
101	Record-keeping requirements for regulated products
	Subpart 5—Appeals
102	Appeals against decision to suspend or cancel product approval or notification
103	Appeals committee
	Subpart 6—Direct access to information by government agencies
104	Direct access to information by government agencies
	Subpart 7—Review of certain provisions of Act
105	Ministry must review certain provisions of Act
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Notifiable product flavours
	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).

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