(1) In these regulations, unless the context otherwise requires, tobacco package—

• (a) Means a package containing a tobacco product or products; and includes a carton; but

• (b) Does not include a wrapper or container containing a single cigar.

(2) A non-removable adhesive label or sticker securely attached to a tobacco package is part of it.

(3) A wrapper that contains a single tobacco package and is normally removed from the package when it is opened is not part of the package.

The requirements of this Part—

• (a) Apply to every retail package contained within a carton; and

• (b) If it is a retail package, apply to the carton as well.

For the purposes of these regulations,—

• (a) In determining whether an area of a retail package is more or less flat, decorative ridges, embossing, bulges, and other irregularities must be disregarded:

• (b) A soft pack must be treated as being a rectangular solid with 6 flat faces whose edges are equal in length to the corresponding edges of the smallest rectangular solid into which it will fit when not compressed:

• (c) A face of a retail package (other than a soft pack) that has rounded corners but is otherwise rectangular must, except for the purpose of calculating its area, be treated as being rectangular:

• (d) The surface area of a retail package is the area that would be covered by its outer layer if opened out and pressed flat (less any area of the outer layer that is covered by a flap when the package is closed):

• (e) In determining the shape of, or the surface area of any part of, a retail package,—

  • (i) The package must be considered when it is closed; and

  • (ii) All edges, gaps, and openings appearing when it is opened must be disregarded.

(1) A retail package that is sold or offered for sale by a manufacturer, importer, distributor, or retailer must display on part of it—

• (a) A warning message, displayed in the position and manner required by this Part; and

• (b) The corresponding explanatory message, displayed in the position and manner required by this Part.

(2) The requirements of subclause (1) apply to a retail package unless some other provision of this Part permits or requires something different.

The text of a warning message or an explanatory message must be printed in black—

• (a) Within a black rectangular border that is no wider than an upper-case letter “i” in the point size used for the English element of the message; and

• (b) On a white background within that border; and

• (c) In the type face known as Helvetica; and

• (d) In the case of a warning message,—

  • (i) In roman font, and upper-case and lower-case letters, as it is set out in column 2 of Schedule 1; and

  • (ii) With the te reo Maori element of the message in a point size such that its risers are two-thirds the height of the equivalent risers of the rest of the message; and

• (e) In the case of an explanatory message, in bold and roman font, and upper-case and lower-case letters, as it is set out in column 3 of Schedule 1:

• (f) In type that is—

  • (i) Clear and legible; and

  • (ii) Subject to paragraphs (d) and (e) and regulation 27(1)(c), the same height throughout the message; and

  • (iii) Of normal weight; and

  • (iv) Subject to regulation 27(2), of such a size that the text as nearly as possible fills the background.

(1) If the face of a retail package (other than the face of a pouch pack over which the flap closes) on which a warning message or explanatory message is displayed bears text most or all of which is oriented in 1 direction,—

• (a) The message must be oriented in that direction; and

• (b) References in this Part to the upper edge of a face must be read accordingly.

(2) An explanatory message on a retail package of a kind described in item 4 of Schedule 2 must be oriented so that it is legible when the closed package is held with the flap pointing downwards.

(1) The warning message on a retail package of a kind described in item 1or item 2 of Schedule 2 must be displayed—

• (a) On the face specified in the third column of that item; and

• (b) So that the upper edge of its background is no more than 3 mm below the upper edge of the face.

(2) The warning message on a retail package of a kind described in any of items 3 to 7 of Schedule 2 must be displayed, in any position, on the face specified in column 3 of that item.

(3) The warning message on a retail package of a kind described in item 8 of Schedule 2 must be displayed twice, as required in column 3 of that item.

(4) The warning messages on a retail package of a kind described in item 9 of Schedule 2 must be displayed as required in column 3 of that item.

(1) The warning message displayed on a retail package of a kind described in any of items 1 to 7 of Schedule 2 must cover at least one quarter of the area of the face it is displayed on.

(2) The warning message displayed on a retail package of a kind described in item 8 or item 9 of Schedule 2 must cover at least 15% of the total surface area of the package.

(1) The 6 warning messages must be displayed in rotation, so that in each calendar year, as nearly as possible, each of them appears on an equal number of retail packages of the same kind of tobacco product.

(2) For the purposes of subclause (1), tobacco products are not of the same kind if, and only if,—

• (a) They are sold under different brand names; or

• (b) They are sold under the same brand name; but differ in 1 or more of the following ways:

  • (i) Containing or not containing menthol:

  • (ii) Being otherwise differently flavoured:

  • (iii) Producing different quantities of tar:

  • (iv) Allegedly differing in mildness:

  • (v) Having or not having filter tips or cork tips:

  • (vi) Being sold in retail packages containing different numbers of pieces:

  • (vii) Being of different length or mass.

(1) The explanatory message on a retail package of a kind described in item 1 or item 2 of Schedule 2 must be displayed—

• (a) On the face opposite the face on which the warning message is displayed; and

• (b) So that the upper edge of its background is no more than 3 mm below the upper edge of the face.

(2) The explanatory message on a retail package of a kind described in any of items 3 to 7 of Schedule 2 must be displayed, in any position, on the face opposite the face on which the warning message is displayed.

(3) If the area of the flap of a retail package of a kind described in item 4 of Schedule 2 is one third or more of the area of the face on which the warning message is displayed, the explanatory message must be displayed on the flap.

(4) If the area of the flap of a retail package of a kind described in item 4 of Schedule 2 is less than one third of the area of the face on which the warning message is displayed, the explanatory message must be displayed—

• (a) On the face opposite the face on which the warning message is displayed; and

• (b) So that it is completely visible when the flap is closed.

(5) The explanatory message on a retail package of a kind described in item 9 of Schedule 2 must be displayed as far as possible from the warning message.

(1) The explanatory message displayed on a retail package of a kind described in any of items 1 to 7 of Schedule 2 must cover at least one third of the area of the face it is displayed on.

(2) The explanatory message displayed on a retail package of a kind described in item 8 or item 9 of Schedule 2 must cover at least one fifth of the total surface area of the package.

(1) A retail package (other than a retail package of a kind described in item 8 of Schedule 2) that would otherwise have to display an explanatory message on a face with an area of 40 cm2 or less—

• (a) Must display on that face the same warning message displayed under regulation 6(1)(a), displayed in the manner required by this Part; and

• (b) Does not have to display an explanatory message on that face or any other face.

(2) A retail package of a kind described in item 8 of Schedule 2 whose total surface area is less than 145 cm²—

• (a) Must display the same warning message twice, displayed in the manner required by this Part; and

• (b) Does not have to display an explanatory message.

A retail package containing 2 or more cigars that is sold or offered for sale by a manufacturer, importer, distributor, or retailer must display—

• (a) A warning message and the corresponding explanatory message, each displayed in the position and manner required by this Part; or

• (b) If regulation 14 applies to it, the same warning message twice, each displayed in the position and manner required by this Part; or

• (c) A warning message and the corresponding explanatory message, each displayed in accordance with regulation 16; or

• (d) If a hinged lid forms 1 of its faces, a warning message displayed twice and the corresponding explanatory message, each displayed in accordance with regulation 17.

A warning message and the corresponding explanatory message are displayed on a retail package in accordance with this regulation if, and only if,—

• (a) The warning message is displayed on the face specified in Schedule 2 for a package of that kind; and

• (b) The explanatory message is displayed on the face opposite the face on which the warning message is required by paragraph (a) to be displayed; and

• (c) The areas covered by the warning message and the explanatory message are as set out in the item in Schedule 3 that applies to the package; and

• (d) Each message complies with regulation 7.

A warning message and the corresponding explanatory message are displayed on a retail package in accordance with this regulation if, and only if,—

• (a) The warning message is displayed on both the outside of its lid and the outside of its base; and

• (b) Each warning message covers at least one quarter of the face it is displayed on; and

• (c) The explanatory message—

  • (i) Is displayed on, and covers at least one third of the inside of, its lid; and

  • (ii) Is oriented so that the upper edge of its background is no more than 3 mm below the edge of the lid opposite the hinge; and

• (d) Each message complies with regulation 7.

(1) This regulation applies to a tobacco product if, and only if,—

• (a) It is manufactured outside New Zealand; and

• (b) Its sales on the New Zealand market constitute less than 0.2% of the sales of tobacco products on the New Zealand market.

(2) In the case of a retail package containing a tobacco product to which this regulation applies, it is a sufficient compliance with regulation 6(1), regulation 14(1), or regulation 15 if the package displays, in the English language, a message that complies substantially with regulation 6(1)(a).

Tar, nicotine, and carbon monoxide are harmful constituents for the purposes of section 32(1) of the principal Act.

A cigarette pack that is sold or offered for sale by a manufacturer, importer, distributor, or retailer must display a list in the following form (modified in accordance with regulation 21):

The list required by regulation 20 must be displayed on a cigarette pack—

• (a) With the expression “[xx]” replaced—

  • (i) By the average amount of tar produced by a cigarette of the kind contained in the pack, when cigarettes of that kind are tested in accordance with the testing methods required by regulation 33; or

  • (ii) If, when cigarettes of that kind are tested in accordance with those testing methods, the average amount of tar produced by a cigarette does not exceed 16 mg, by the lowest weight in the first column of Schedule 4 that is greater than the average amount produced; and

• (b) With the expression “[yy]” replaced—

  • (i) By the average amount of nicotine produced by a cigarette of the kind contained in the pack, when cigarettes of that kind are tested in accordance with the testing methods required by regulation 33; or

  • (ii) If, when cigarettes of that kind are tested in accordance with those testing methods, the average amount of nicotine produced by a cigarette does not exceed 1.5 mg, by the lowest weight in the second column of Schedule 4 that is greater than the average amount produced; and

• (c) With the expression “[zz]” replaced—

  • (i) By the average amount of carbon monoxide produced by a cigarette of the kind contained in the pack, when cigarettes of that kind are tested in accordance with the testing methods required by regulation 33; or

  • (ii) If, when cigarettes of that kind are tested in accordance with those testing methods, the average amount of carbon monoxide produced by a cigarette does not exceed 20 mg, by the lowest weight in the third column of Schedule 4 that is greater than the average amount produced.

The text of a list of harmful constituents must be printed in black on a rectangular white background—

• (a) In roman font in the typeface known as Helvetica:

• (b) In upper-case and lower-case letters, as it is set out in regulation 20 (modified in accordance with regulation 21):

• (c) In type that is—

  • (i) Clear and legible; and

  • (ii) Subject to paragraph (b), the same height throughout the message: and

  • (iii) Of normal weight; and

  • (iv) Subject to regulation 27(2), of such a size that the text as nearly as possible fills that background:

• (d) If regulation 23(1) requires it to be displayed on a side of a cigarette pack, oriented so that the lines of type making it up are parallel to the longest edges of the side.

(1) In the case of a cigarette pack of a kind described in any of items 1, 2, 3, 5, 7 and of Schedule 2,—

• (a) If 1 side of the pack is larger than the other or others, the list of harmful constituents must be displayed on that side:

• (b) If 2 or more sides of the pack of equal area are larger than the other or others, the list of harmful constituents must be displayed on 1 of those larger sides:

• (c) If both or all the sides of the pack have the same area, the list of harmful constituents must be displayed on 1 of those sides.

(2) In the case of a cigarette pack other than a cigarette pack of a kind described in any of items 1, 2, 3, 5, 7 of Schedule 2, the list of harmful constituents may be displayed anywhere on it.

The background of a list of harmful constituents must cover,—

• (a) In the case of a cigarette pack that is not a flip-top pack, a carton, or a pack of a kind described in item 8 or item 9 of Schedule 2, the whole of the side the message is displayed on:

• (b) In the case of a flip-top pack, the whole of the side the message is displayed on except for the part that is part of the top:

• (c) In the case of a carton, at least one quarter of the side the message is displayed on:

• (d) In the case of a pack of a kind described in item 8 or item 9 of Schedule 2, at least 9% of the total surface area of the pack.

In the case of a retail package containing cigarettes to which regulation 18 applies, it is a sufficient compliance with regulation 20 if the package displays a list of harmful constituents—

• (a) In the English language; and

• (b) In a manner that is substantially to the same effect as the manner required by regulations 19 to 24.

(1) If a wrapper containing a single retail package is likely to obscure a message or list required by this Part to be displayed on the package, the message or list must also be displayed (in the manner in which it is required to be displayed on the package) on the corresponding portion of the wrapper.

(2) A message or list required by this Part to be displayed on a retail package must be so printed that it is not likely to be obliterated, removed, or rendered permanently unreadable, when the package is opened normally.

(3) Subclause (2) does not apply to a message or list on a carton.

(1) Any warning message, explanatory message, or list of harmful constituents may include the attribution Ministry of Health Warning, printed after the rest of the message or list—

• (a) In upper-case and lower-case letters, as it is set out above; and

• (b) In italic font in the type face known as Helvetica; and

• (c) In a point size such that its risers are no more than half the height of the equivalent risers of—

  • (i) The English element of the message (in the case of a warning message):

  • (ii) The rest of the message or list (in the case of an explanatory message or a list of harmful constituents); and

• (d) Otherwise in accordance with this Part.

(2) If the attribution Ministry of Health Warning is included in a warning message, explanatory message, or list of harmful constituents,—

• (a) It is part of the text of the message or list; and

• (b) The provisions of these regulations relating to warning messages, explanatory messages, and lists of harmful constituents apply accordingly.

(3) Subclause (2) is subject to paragraphs (b) and (c) of subclause (1).

(1) This subclause applies to a retail package if, and only if, every tobacco product it contains was—

• (a) Manufactured in New Zealand; and

• (b) Packaged before 1 January 2000.

(2) It is on the part of a manufacturer a sufficient compliance with regulations 6 to 27 in relation to a retail package to which subclause (1) applies that is sold or offered for sale by the manufacturer, if the package complies with regulation 30(1).

(3) Before 1 July 2000, it is on the part of a distributor or retailer a sufficient compliance with regulations 6 to 27 in relation to a retail package to which subclause (1) applies that is sold or offered for sale by the distributor or retailer, if the package complies with regulation 30(1).

(1) This subclause applies to a retail package if, and only if,—

• (a) It was imported before 1 July 2000; and

• (b) Every tobacco product it contains was manufactured outside New Zealand.

(2) It is on the part of an importer a sufficient compliance with regulations 6 to 27 in relation to a retail package to which subclause (1) applies that is sold or offered for sale by the importer, if the package complies with regulation 30(1).

(3) Before 1 January 2001, it is on the part of a distributor or retailer a sufficient compliance with regulations 6 to 27 in relation to a retail package to which subclause (1) applies that is sold or offered for sale by the distributor or retailer, if the package complies with regulation 30(1).

(1) A retail package complies with this subclause if (and only if) it displays, in accordance with the Smoke-free Environments Regulations (No 2) 1990,—

• (a) A message relating to the use of the tobacco product it contains on health; and

• (b) In the case of manufactured cigarettes, a list of the harmful constituents, and their respective quantities, present in the smoke.

(2) The reference in subclause (1) to the Smoke-free Environments Regulations (No 2) 1990 is a reference to those regulations in the form they were in immediately before they were revoked.

For the purposes of section 22(2) of the principal Act, price lists given to retailers of tobacco products must contain the message “Smoking Causes Fatal Diseases”, on each side of every page in 24-point type, in upper-case Univers Medium Condensed Roman typeface.

Manufactured cigarettes are a prescribed class of tobacco products for the purposes of section 33 of the principal Act.

Tests for the harmful constituents of brands of manufactured cigarettes, and the respective quantities of those constituents present in the smoke, must be conducted in accordance with the following standard methods published by the International Standards Organisation:

• (a) For tar, ISO 4387:1991(E) (Determination of total and nicotine-free dry particulate matter using a routine analytical smoking machine):

• (b) For nicotine, ISO 10315:1991(E) (Cigarettes — Determination of nicotine in smoke condensates — Gas chromatograph method):

• (c) For carbon monoxide, ISO 8454:1995(E) (Cigarettes — Determination of carbon monoxide in the vapour phase of cigarette smoke — NDIR method):

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

  • (i) ISO 3308:1991(E) (Routine analytical cigarette-smoking machine — Definitions and standard conditions); and

  • (ii) ISO 8243:1991(E) (Cigarettes — Sampling); and

  • (iii) ISO 3402:1991(E) (Tobacco and tobacco products — Atmosphere for conditioning and testing).

If a retailer's name or trade name contains any word or expression signifying that any tobacco product is available in the retailer's place of business for purchase, its display on the exterior of that place is in accordance with these regulations if, and only if,—

• (a) It is not displayed more than twice on that exterior; or

• (b) Each display of the name or trade name on that exterior is accompanied, immediately beneath it, by a warning message, in lettering not less than half the size of the name or trade name.

(1) If a tobacco product is offered for sale by way of an automatic vending machine, the area that is used to depict or identify each brand of that product and its price on the machine must not exceed 90 mm x 55 mm.

(2) Every automatic vending machine from which a tobacco product is offered for sale must display on the front of the machine the health message “Smoking Causes Fatal Diseases”,—

• (a) In the case of a vending machine from which not more than 8 brands of the product are offered for sale, in Helvetica bold condensed lettering of 48-point type; and

• (b) In the case of a vending machine from which more than 8 brands of the product are offered for sale, in Helvetica bold condensed lettering that occupies not less than 25% of the aggregate area used for the brand display with the point size being increased in proportion.

(3) The attribution Ministry of Health Warning or Health Dept Warning must appear in upper and lower case on a separate line below the health message in Univers light condensed 9 point.

(1) A return required by section 35(1) of the principal Act to be filed with the Director-General must be in the form in Schedule 5.

(2) A report required by section 35(1) of the principal Act to be filed with the Director-General must be in the form in Schedule 6.

(1) The Smoke-free Environments Regulations (No 2) 1990 (SR 1990/352) are revoked.

(2) Regulations 37 to 39 of these regulations are revoked.