Smokefree Environments and Regulated Products (Vaping) Amendment Bill

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Hon Jenny Salesa

Smokefree Environments and Regulated Products (Vaping) Amendment Bill

Government Bill

222—2

	Commentary
	Key
1	Title
2	Commencement
	Part 1 Amendments to Smoke-free Environments Act 1990
3	Principal Act
4	Title of principal Act changed
5	Section 2 amended (Interpretation)
6	Section 3A replaced (Purposes of this Act)
	3A	Purposes of this Act
7	New section 3B inserted (Transitional, savings, and related provisions)
	3B	Transitional, savings, and related provisions
8	Part 1 heading replaced
		Part 1 Smoking and vaping prohibited in workplaces and public areas
9	Section 4 amended (Purposes of this Part)
10	Section 5 amended (Smoking in workplaces prohibited)
11	Section 5A amended (Employer may permit smoking in vehicle with consent of users)
12	Section 6 amended (Dedicated smoking rooms in hospital care institutions, residential disability care institutions, and rest homes)
13	Section 7A amended (Smoking prohibited at schools and early childhood education and care centres)
14	Section 8 amended (Smoking prohibition on aircraft)
15	Section 9 amended (Smoking restricted in passenger service vehicles)
16	Section 11 amended (Smoking prohibited in certain travel premises
17	Section 12 amended (Smoking on licensed premises)
18	Section 13 amended (Smoking in restaurants)
19	Section 13A amended (Smoking in casinos)
20	Section 13B amended (Smoking in certain gaming machine venues)
21	Section 14 replaced (Enforcement officers)
	14	Specialist vape retailers and vaping in approved vaping premises exempt
	14A	Application for approval as specialist vape retailer
22	Section 15 amended (Complaints relating to workplace smoking)
23	Section 17 amended (Offences in respect of smoking)
24	Section 17A amended (Penalties)
25	Section 18 amended (Prosecution of offences)
25A	Section 19 repealed (Protection of persons acting under authority of Act)
26	Parts 2 to 3 replaced
		Part 2 Restrictions on advertising, promotion, sale, and distribution of regulated products
	21	Outline of this Part
	22	Purposes of this Part
		Subpart 1—Restrictions on advertising of regulated products
	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
		Subpart 2—Restrictions on sponsorship and related activities
	27	Defined terms in this subpart
	28	Sponsoring activity involving use of trade mark, etc, of regulated products
	29	Sponsoring activity involving exclusive supply arrangement
	30	Use of trade marks, etc, on goods other than regulated products or in relation to sponsored events
	31	Exemption for craft in emergencies
		Subpart 3—Prohibited ways of supplying and distributing regulated products
	32	Free distribution of regulated product prohibited
	33	Distribution and supply of regulated products with other products prohibited
		Subpart 4—Inducements and rewards involving regulated products prohibited
	34	Rewards involving regulated product prohibited
	35	Arrangements conflicting with Act have no effect
		Subpart 5—Visibility of regulated products
	36	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
	37	Point-of-sale health information or warning signs
	38	Internet-sales health information or warnings
		Subpart 7—Sale of regulated products and toy regulated products to people under 18 years
	39	Sale and delivery of regulated product to people younger than 18 years prohibited
	40	Supplying regulated product to people younger than 18 years prohibited
	41	Sale of toy regulated products to people younger than 18 years prohibited
	42	Point-of-sale purchase age information
	43	Internet-sales purchase age information or warnings
	44	Court may order certain repeat offenders not to sell regulated product
		Subpart 8—Sale of regulated products by way of automatic vending machines
	45	Regulated products (other than vaping product) must not be visible from outside automatic vending machines
	46	Automatic vending machines must not be located where public have access
	47	Automatic vending machines must display health messages required by or under this Act
		Part 3 Packaging, labelling, and constituents of regulated products
	48	Purposes of this Part
		Subpart 1—Packaging and labelling requirements
	49	Standardised packaging of regulated products
	50	Offence in respect of standardised packaging of regulated products
	51	Messages and information required for regulated product package
	52	Restrictions on sale of certain regulated products in small quantities
	53	~~Regulated product not to be advertised or labelled as suitable for chewing, etc~~ Restrictions on advertising, labelling, and sale of oral use products
		Subpart 2—Constituents of regulated products
	54	Limits on harmful constituents of tobacco products and herbal smoking products
	55	Annual testing for constituents of prescribed regulated products
	56	Director-General may require testing or further testing
		Part 4 Regulated products that must be notified
	57	Purpose of this Part
	58	Defined terms
	59	Notifier must not sell product unless it has been notified
	60	Notifier must be New Zealand resident or company registered in New Zealand
	61	Pre-notification requirements
	62	How to notify product
	63	Obligations of retailers
	64	Obligation to notify adverse reaction
	65	When notifiable product must be renotified
	66	~~Substances that notifiable~~ Notifiable product must not contain prohibited substance, prohibited flavour, or colouring substance
	66A	Substances in notifiable product must not exceed maximum limits
	67	Declaration of prohibited ~~ingredient~~ substance
	68	Director-General may require notifier to provide information about safety of notifiable product
	69	Director-General may issue warning
	70	Recall
	71	Director-General may suspend product notification
	72	Cancellation of product notification
	72A	Appeals against decision to suspend or cancel product notification
	73	Establishment of database and confidentiality of certain information
	73A	Technical advisory committee
	73B	Appeals committee
		Part 5 Regulations, enforcement, and other matters
	74	Outline
		Subpart 1—Regulations
	75	Regulations
	76	Regulations under section 75
	77	Regulations for standardised packaging (including messages and information)
		Notifiable products
	78	Regulations relating to notifiable products
	79	Regulations imposing fees
	80	Regulations imposing levies
		Subpart 2—Infringement offences
	81	Infringement offences
	82	Commission of infringement offences
	83	Infringement notices
	84	Payment of infringement fees
		Subpart 3—Enforcement officers
	85	Appointment of enforcement officers
	86	Protection of people acting under authority of this Act
	87	Powers of entry and inspection
	88	Enforcement officer may require identifying information
	89	Search warrant
	90	Purposes for which powers may be used
	91	Duties of enforcement officers
	92	Offence to obstruct enforcement officers, intentionally fail to comply with section 87, or give false and misleading information
	93	Enforcement
		Subpart 4—Annual returns and reports
	94	Annual reporting requirements for manufacturers, importers, and specialist vape retailers
27	Schedule amended
28	New Schedule 2 inserted
	Part 2 Amendments to other enactments
29	Enactments amended
	Schedule 1 New Part 2 inserted into Schedule
	Schedule 2 New Schedule 2 inserted
	Schedule 3 Enactments amended
	Legislative history

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Smokefree Environments and Regulated Products (Vaping) Amendment Bill

Smokefree Environments and Regulated Products (Vaping) Amendment Bill

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