Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020

If you need more information about this Act, please contact the administering agency: Ministry of Health
Coat of Arms of New Zealand

Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020

Public Act
 
2020 No 62
Date of assent
 
11 August 2020
Commencement
 
see section 2

Contents

1Title
2Commencement
Part 1
Amendments to Smoke-free Environments Act 1990
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
Part 1
Smoking and vaping prohibited in workplaces and public areas
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)
26Section 19 repealed (Protection of persons acting under authority of Act)
27Parts 2 to 3 replaced
Part 2
Restrictions on advertising, promotion, sale, and distribution of regulated products
21Outline of this Part
22Purposes of this Part
Subpart 1—Restrictions on advertising of regulated products and related communications
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
Subpart 2—Restrictions on sponsorship and related activities
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
Subpart 3—Prohibited ways of supplying and distributing regulated products
33Free distribution of regulated product prohibited
34Distribution and supply of regulated product with other product prohibited
35Arrangements conflicting with Act have no effect
Subpart 4—Inducements and rewards involving regulated products prohibited
36Rewards involving regulated product prohibited
Subpart 5—Visibility of regulated products
37Regulated 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
38Point-of-sale health information or warning signs
39Internet-sales health information or warnings
Subpart 7—Sale of regulated products and toy regulated products to people under 18 years
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
Subpart 8—Sale of regulated products by way of automatic vending machines
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
Part 3
Packaging, labelling, and constituents of regulated products
49Purposes of this Part
Subpart 1—Packaging and labelling requirements
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
54 Restrictions on advertising, labelling, and sale of oral use products
Subpart 2—Constituents of regulated 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
Part 4
Regulated products that must be notified
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
Part 5
Regulations, enforcement, and other matters
80Outline
Subpart 1—Regulations
81Regulations
82Regulations under section 81
83Regulations for standardised packaging (including messages and information)
Notifiable products
84Regulations relating to notifiable products
85Regulations imposing fees
86Regulations imposing levies
Subpart 2—Infringement offences
87Infringement offences
88Commission of infringement offences
89Infringement notices
90Payment of infringement fees
Subpart 3—Enforcement officers
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
Subpart 4—Annual returns and reports
100Annual reporting requirements for manufacturers, importers, and specialist vape retailers
28Schedule amended
29New Schedule 2 inserted
Part 2
Amendments to other enactments
30Enactments amended
31Amendments to Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020
4Section 2 amended (Interpretation)
5Section 3A amended (Purposes of this Act)
Schedule 1
New Part 2 inserted into Schedule
Schedule 2
New Schedule 2 inserted
Schedule 3
Enactments amended
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: