a first warning to be displayed on the front face in English and on the back face in English and te reo Māori; and

a second warning to be displayed on one side; and

an explanatory note followed by a you can quit statement to be displayed on the back face; and

a graphic to be displayed on the front face and back face.

the specifications and layout for that tobacco package as described in—

the requirements of this Part.

a first warning to be displayed on the front face in English and on the back face in English and te reo Māori; and

a second warning to be displayed on the inside flap; and

an explanatory note followed by a you can quit statement to be displayed on the back face; and

a graphic to be displayed on the front face and back face.

the specifications and layout for that tobacco package as described in item 1 of Part 2 of Schedule 3; and

the requirements of this Part.

a first warning to be displayed on the front face in English and on the back face in English and te reo Māori; and

a second warning to be displayed on the outer surface of the base of the package; and

an explanatory note followed by a you can quit statement to be displayed on the back face; and

a graphic to be displayed on the front face and back face.

the specifications and layout for that tobacco package as described in Part 3 of Schedule 3; and

the requirements of this Part.

a warning to be displayed on the front face in English and te reo Māori and on the back face in English; and

an explanatory note to be displayed on the back face; and

a graphic to be displayed on the front face.

the specifications and layout described in any of items 1 to 6 of Part 4 of Schedule 3 that apply to the cigar package; and

the requirements of this Part.

the specifications described in item 7 of Part 4 of Schedule 3; and

the requirements of this Part.

a warning to be displayed on the front face in English and on the back face in English and te reo Māori; and

a second warning to be displayed (as applicable) on the side, inside flap, or outer surface of the base of the package; and

an explanatory note followed by a you can quit statement to be displayed on the back face; and

a graphic to be displayed on the front face and back face.

the specifications and layout described in one of the following items that best reflects the shape of the tobacco package:

the requirements of this Part.

the front face of a tobacco package in English; and

the back face of that package in English and te reo Māori.

be in bold type in black letters on a yellow background; and

be in standardised type; and

if required, be within a black rectangular border (up to 0.3 mm wide) to prevent printing colour bleeds.

for the English element of the warning,—

for the te reo Māori element of the warning,—

be in standardised type, except that the English element of the warning and the te reo Māori element of the warning may each be of a different point size.

in black letters on a yellow background; and

in standardised type, except that the word “WARNING” may have a different point size from the rest of the text.

be in black letters on a yellow background, except for the Quitline logo and the sentence referred to in paragraph (b); and

for the sentence “For support to quit call 0800 778 778 or visit www.quit.org.nz”, be in black letters on a white background; and

be in standardised type, except for the Quitline logo.

be in Pantone Cool Gray 2C letters on a matt Pantone 448C background; and

be in standardised type.

be in bold type in black letters on a yellow background for the English element of the warning; and

be in bold type in white letters on a black background for the te reo Māori element of the warning; and

be in Lucida Sans typeface; and

be in standardised type; and

if required, be within a black rectangular border (up to 0.3 mm wide) to prevent printing colour bleeds.

be in bold type in black letters on a yellow background; and

be in Lucida Sans typeface; and

be in standardised type.

be in black letters on a yellow background, except for the Quitline logo and the sentence referred to in paragraph (b); and

for the sentence “For support to quit call 0800 778 778 or visit www.quit.org.nz”, be in black letters on a white background; and

be in Lucida Sans typeface; and

be in standardised type, except for the Quitline logo.

it is necessary to do so to fit the graphic onto the package; and

the overall effect of the graphic is not affected by the cropping.

the overlay is completely contained within the graphic; and

the overall effect of the graphic is not affected by the new position of the overlay.

affixed to the surface of the package on which the required message or part of the required message must be displayed; and

fastened firmly to the package so as not to be easily removable without significant destruction of the package.

manufactures tobacco packages for tobacco products other than cigars; or

imports those tobacco packages; or

packages, or arranges for the packaging of, those tobacco products.

print the relevant required messages on the tobacco packages (or ensure that they are printed on the tobacco packages); and

ensure that, during those specified periods, each relevant required message appears as nearly as possible on an equal number of tobacco packages of each different brand of the tobacco product (for example, each different brand of cigarettes or loose tobacco).

the required messages set out in items 1 to 7 of Part 1 of Schedule 2 for the period of 16 months beginning on 1 February 2022 or any later even-numbered year:

the required messages set out in items 8 to 14 of Part 1 of Schedule 2 for—

they are sold under different brand names; or

they are sold under the same brand name, but differ in 1 or more of the following ways:

manufactures tobacco packages for cigars; or

imports those tobacco packages; or

packages, or arranges for the packaging of, cigars.

print the required messages set out in items 1 to 5 of Part 2 of Schedule 2 on the tobacco packages (or ensure that they are printed on the tobacco packages); and

ensure that, during that 12-month period, each required message appears as nearly as possible on an equal number of tobacco packages of each different brand of cigars.

they are sold under different brand names; or

they are sold under the same brand name, but differ in 1 or more of the following ways:

be coloured Pantone Cool Gray 2C:

be in Lucida Sans typeface using a normal weighted regular font:

use only the following characters and symbols:

if the letter is the initial letter of a proper noun or the initial letter of a sentence; and

up to 3 times in a brand name.

appears,—

takes up only 1 line on each surface on which it appears; and

appears below, and in the same orientation as, any part of a required message on that surface; and

is no longer than 50 mm; and

does not obscure any part of a required message on that surface; and

is no larger than 14 pt font size.

appears below a brand name; and

is no longer than 35 mm; and

is no larger than 10 pt font size; and

complies with subclause (1)(a) to (c) and (e).

is displayed on a surface of the package that does not display the part of the required message known as the second warning; and

is in Lucida Sans typeface; and

is no larger than 10 pt font size.

appear on a surface of the package that does not display a part of a required message; and

be rectangular; and

be coloured black on a white background.

the name, address, email address, or telephone number of the manufacturer or the importer:

the country of manufacture:

the country of the importer:

an alphanumeric code used to distinguish the origin of the tobacco product.

appear on the back surface or surface on which there is a bar code; and

appear in the same orientation as any other text on that surface; and

be no larger than 10 pt font size.

it may have a rectangular bar code that is coloured black on a white background; and

it may be marked with a matt Pantone 448C rectangle to conceal the bar code of each individually wrapped item, but the size of the rectangle must be no larger than is necessary to conceal the bar code of each individually wrapped item.

be no more than 3 mm wide:

be transparent or partially or fully coloured matt Pantone 448C:

if it is the tear strip of a wrapper of a pack of cigarettes, be located at the bottom edge of the lid:

not obscure any part of a required message.

have or make any scent that could have the effect of promoting a tobacco product:

contain any feature designed to bring about any noise that could have the effect of promoting a tobacco product.

heat-activated inks:

inks or embellishments designed to appear gradually over time:

inks that appear fluorescent in certain light:

panels designed to be scratched or rubbed to reveal an image or text:

removable tabs:

fold-out panels.

be cylindrical with flat ends; and

be no less than 7 mm and no more than 9 mm in diameter; and

be no longer than 95 mm; and

have enclosing paper that is coloured plain white.

be made of white material; and

be coloured plain white or imitation cork on the outside; and

not contain printing or embellishment of any kind.

appear horizontally across the cigarette in 1 line; and

appear—

be coloured matt Pantone 448C; and

be in Lucida Sans typeface that is no larger than 8 pt font size; and

use only the characters and symbols described in regulation 33(1)(c); and

convey no other information to the consumer.

may appear on any surface of the pack on which there is a brand name; and

must appear in the same orientation as any other text on that surface; and

must be no larger than 10 pt font size.

rectangular in shape; and

no less than 85 mm and no more than 98 mm high; and

no less than 55 mm and no more than 72 mm wide; and

no less than 20 mm and no more than 30 mm deep.

each surface—

it opens and closes only by way of a straight-edged flip-top lid that is hinged at the back of the pack.

be made of silver foil that is no more than 0.5 mm thick; and

be coloured white on the inner side; and

not be textured; and

be fixed to the inside of the pack and not easily detachable.

may be displayed on any surface of the pack on which there is a brand name; and

must be in the same orientation as any other text on that surface; and

must be no larger than 10 pt font size.

it must be a rectangular pouch made from soft plastic:

each surface must be flat with no irregularities:

its lining (if any) must—

its opening flaps must be sealed by a resealable transparent tab.

in a cigar tube containing a single cigar; or

in a pack, carton, or bag containing 1 or more cigars.

completely covers another band or bands; and

is fastened firmly to, and not easily removable from, the band or bands that it covers.

the brand name of the cigar:

the variant name of the cigar:

the name of the country of manufacture:

an alphanumeric code.

the words “TOBACCO AVAILABLE HERE”, in lettering not larger than Helvetica typeface 70 pt; and

the words “No sales to persons under the age of 18”, in lettering not smaller than Helvetica typeface 40 pt.

may be displayed only where the tobacco is stored or where the tobacco can be purchased; and

must be displayed together with—

must not be displayed so as to be visible from outside the retailer’s place of business.

only 1 notice if the retailer’s place of business is less than 200 m²:

not more than 2 notices if the retailer’s place of business is 200 m² or more but not more than 500 m²:

not more than 3 notices if the retailer’s place of business is more than 500 m².

be provided in a way that is printable but not editable; and

when displayed, comply with the requirements of subclauses (3) to (6).

limited to the brand of tobacco product, the variant, the amount or quantity or size, and the price; and

in the form of printed or handwritten black lettering that is not larger than Helvetica typeface 16 pt.

that says—

“SMOKING KILLS

Ka mate koe i te kai hikareti”:

the first line of which must not be smaller than Helvetica typeface 70 pt:

the second line of which must not be smaller than Helvetica typeface 40 pt.

limited to the brand of tobacco product, the variant, the amount or quantity or size, and the price; and

printed or handwritten in black lettering that is not larger than Helvetica typeface 16 pt.

that says—

“SMOKING KILLS

Ka mate koe i te kai hikareti”:

the first line of which must not be smaller than Helvetica typeface 70 pt:

the second line of which must not be smaller than Helvetica typeface 40 pt.

only contain information about tobacco products that are available from the vending machine; and

otherwise comply with the requirements set out in regulation 58(2) to (6).

must contain the following information:

must contain the applicable health warning for the tobacco product set out in subclause (2)—

must not contain any other information.

for a tobacco product other than a smokeless tobacco product, is “Smoking Causes Fatal Diseases”; and

for a smokeless tobacco product, is “This product damages your health and is addictive”.

the correct use, handling, storage, refilling, recharging, or disposal of the product; and

the consequences of incorrect use of the product; and

handling precautions to take before and during use of the product.

investigating and resolving any complaints about the product; and

recalling the product from sale, supply, or distribution; and

informing the Ministry of Health of any recall of the product, the extent to which the product is recalled, and the outcome of the recall.

a description of the product type, brand, variant, and unique product code; and

a summary of test results for nicotine content and any other constituents of at least 3 batches of the full-scale manufactured product; and

a full list of ingredients, including any additives; and

an appendix containing a record that includes full test reports for at least 3 batches of the full-scale manufactured product, information on the testing methodology used, product and packaging images, and any relevant documentation.

a description of the product type, brand, variant, and unique product code (if available); and

a description of, and statement of the purpose of, the proposed research or testing, or both, including an explanation for requiring the import of a non-compliant product; and

the volume of the product proposed to be imported or manufactured for research or testing, or both, including an explanation of how that relates to the research or testing; and

evidence that the product meets the requirements of section 57C(3)(b) of the Act.

a description of the product type, brand, variant, and unique product code; and

evidence that the product meets the requirements of section 57C(3)(a) of the Act.

its contact details (including name, business name, company number, NZBN, address, phone numbers, and email addresses); and

a declaration that it meets the requirements of the Act and that the details provided are correct.

for tar, ISO 4387:2000 Cigarettes—Determination of total and nicotine-free dry particulate matter using a routine analytical smoking machine:

for nicotine, ISO 10315:2013 Cigarettes—Determination of nicotine in smoke condensates—Gas-chromatographic method:

for carbon monoxide, ISO 8454:2007 Cigarettes—Determination of carbon monoxide in the vapour phase of cigarette smoke—NDIR method:

for tar, nicotine, and carbon monoxide, in addition to the applicable standard method specified in paragraph (a), (b), or (c),—

be carried out in a laboratory that is accredited to the most recent version of ISO/IEC 17025 and for which the test is included in the scope of accreditation for that laboratory; and

be independent from the manufacturer or importer of the smoked tobacco product; and

be carried out—

be displayed in the reserved area on the front and back surface of the package; and

be displayed at the centre of each surface; and

be in black Helvetica typeface on a white background; and

be in a font size that makes the text occupy the greatest possible proportion of the reserved area; and

be parallel to—

be indelible; and

be surrounded by a black border of a width of 1 mm inside the reserved area.

be fully visible; and

not be hidden (in whole or in part) or interrupted by any wrapper, jacket, or box or any other item; and

not hide or interrupt any marking that is required under any New Zealand enactment; and

remain intact when the package is opened.

is information about the nicotine, tar, or carbon dioxide content of the product; or

refers to additives or the absence of additives; or

resembles a food or a cosmetic product; or

depicts a cartoon or toy; or

suggests that a smokeless tobacco product (whether specifically or generally)—

be displayed in the reserved area on the front and back surface of the package; and

be displayed in the centre of each of those surfaces; and

be parallel to—

be in black Helvetica typeface on a white background; and

be in a font size that makes the text occupy the greatest possible proportion of the reserved area.

“CAUTION: Keep this substance out of reach of children or pets.”:

“Do not swallow this substance. If this substance is taken into the mouth, rinse mouth thoroughly.”:

“Contact 0800 POISON (0800 764 766) for advice if this substance is swallowed.”:

“Seek medical advice if you feel unwell after contact with this substance or use of this product.”.

refers to additives other than flavours or the absence of additives; or

resembles a food or a cosmetic product; or

depicts a cartoon or toy; or

suggests that the product (whether specifically or generally)—

the words “VAPING PRODUCTS AVAILABLE HERE”, in lettering not larger than Helvetica typeface 70 pt; and

the words “No sales to persons under the age of 18”, in lettering not smaller than Helvetica typeface 40 pt.

only 1 notice if the retailer’s place of business is less than 200 m²:

not more than 2 notices if the retailer’s place of business is 200 m² or more but not more than 500 m²:

not more than 3 notices if the retailer’s place of business is more than 500 m².

contain only the following warning in English and te reo Māori in lettering not larger than Helvetica typeface 70 pt:

“Vaping products may contain nicotine, which is a highly addictive substance

He nikotīni kei roto i tēnei mea, he matū tino whakawara”; and

contain the words “No sale to persons under the age of 18” in lettering not smaller than Helvetica typeface 40 pt.

1 or both of the following messages:

an accurate translation of the messages in another language.

the correct use, handling, storage, refilling, recharging, or disposal of the product; and

the consequences of incorrect use of the product; and

handling precautions to take before and during use of the product.

the notifier’s name and, if the notifier is a company, its business name and company number or NZBN; and

the notifier’s physical address, phone number, and email address.

its contact details (including name, business name, company number, NZBN, address, phone numbers, and email addresses); and

a declaration that it meets the requirements of the Act and that the details provided are correct.

product type:

product brand, variant, and Universal Product Code:

if the product is a vaping device or vaping kit, a list of its components.

a list of the product’s ingredients with each ingredient described by reference to its Chemical Abstracts Service Registry number or International Union of Pure and Applied Chemistry name:

the amount of each ingredient:

the nicotine strength:

the container volume:

the propylene glycol: vegetable glycerol ratio:

the amount of any additive that is not a flavour (for example, a preservative or an antioxidant).

a list of the product’s ingredients with each ingredient described by reference to its Chemical Abstracts Service Registry number or International Union of Pure and Applied Chemistry name:

the amount of each ingredient:

the method of use:

the number of individual products in a pack:

the amount of any additive that is not a flavour (for example, a preservative or an antioxidant).

investigating and resolving any complaints about the product; and

recording any adverse reactions to the product; and

notifying any adverse reactions to the product to the Ministry of Health; and

recalling the product from sale, supply, or distribution; and

informing the Ministry of Health of any recall of the product, the extent to which the product is recalled, and the outcome of the recall; and

if the product is or contains a vaping substance, informing the Ministry of Health of any risks that the notifier is aware of, or any concerns that the notifier has, in relation to any substance used in the manufacture of the vaping substance.

a toxicological risk assessment for the use of the additive must be carried out; and

the notifier must, if requested by the Director-General under section 71 of the Act, be ready to provide reasons for the use of the additive in the product.

instructions about the correct use, handling, storage, refilling, recharging, or disposal of the product; and

information about the consequences of incorrect use of the product; and

handling precautions to take before and during use of the product.

on the packaging of the product, to the extent that the information’s appearance is consistent with these regulations:

as an insert within the packaging of the product:

on the product, to the extent that the information’s appearance is consistent with these regulations.

the applicant is over the age of 18 years; and

the applicant has not had a conviction in the previous 7 years for any of the following offences:

an applicant who is an individual; and

in the case of an application by an entity, each responsible person.

an alarm system suitable for the specified retail premises; and

security cameras with recording facilities suitable for the specified retail premises; and

secure product storage suitable for the specified retail premises; and

external protection to protect the premises from theft suitable for the specified retail premises; and

a fog cannon system suitable for the specified retail premises.

that every person (whether paid, unpaid, or contracted) working at the specified retail premises is, or will be, given appropriate training to understand and carry out the retailer’s obligations under the Act:

that training includes a component about preventing sales to minors and to persons born on or after 1 January 2009:

that appropriate records of training, including effectiveness of training, will be kept:

that accurate records of all smoked tobacco products will be kept:

that records will include the type, brand, quantity, and price of the products sold:

that systems will be in place to prevent sales to minors or to persons born on or after 1 January 2009:

that systems will be in place to ensure that smoked tobacco products are not delivered to minors or to persons born on or after 1 January 2009.

the criteria in section 20I(1)(d) of the Act (relating to the operation of an Internet site and the identified geographic area and population that a smoked tobacco retailer may sell within) will be met; and

smoked tobacco products will not be delivered to minors or to persons born on or after 1 January 2009.

the proximity of the retail premises to 1 or more areas of community interest:

the type of business the applicant operates:

any security measures in place in addition to those required by regulation 80B:

any business systems in place in addition to those required by regulation 80C:

whether the requirements in regulations 80B and 80C are met, or will be met, when section 20G of the Act comes into force.