Smoke-free Environments Regulations 2007
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Reprint as at 14 March 2018
Smoke-free Environments Regulations 2007
(SR 2007/39)
Smoke-free Environments Regulations 2007: revoked, on 14 March 2018, by regulation 64 of the Smoke-free Environments Regulations 2017 (LI 2017/123).
Anand Satyanand, Governor-General
Order in Council
At Wellington this 26th day of February 2007
Present:
His Excellency the Governor-General in Council
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
These regulations are administered by the Ministry of Health.
Pursuant to section 39 of the Smoke-free Environments Act 1990, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents
Regulations
1 Title
These regulations are the Smoke-free Environments Regulations 2007.
2 Commencement
These regulations come into force on 28 February 2008.
Part 1 Preliminary provisions
3 Interpretation
(1)
In these regulations, unless the context otherwise requires,—
Act means the Smoke-free Environments Act 1990
bidi means a small, often flavoured, cigar wrapped in tendu leaf or the leaf of another plant
carton means a package comprising 2 or more tobacco packages within—
(a)
a container; or
(b)
a wrapper that obscures or tends to obscure any writing on any of those tobacco packages that would be legible if it were completely transparent
cigar means a tobacco product comprising a roll of tobacco leaf or cut tobacco, enclosed in tobacco leaf or the leaf of another plant
cigarette means a tobacco product comprising a roll of cut tobacco enclosed in paper
cigarette pack means a retail package containing cigarettes
corresponding explanatory message, in relation to a warning message set out in Schedule 2, means the explanatory message that appears in the same item as the warning message
corresponding graphic, in relation to a warning message set out in Schedule 2, means the graphic that appears in the same item as the warning message
cylindrical means having a circular or elliptical cross section
displayed, in relation to any package, face, or flap, means displayed on the outside of the package, face, or flap
face, in relation to a retail package, means a more or less flat area of the surface of the package that is bounded by the edges of the package
flip-top pack means a retail package of the kind commonly called a flip-top pack, a hinge-top pack, or a hinge-lid box
graphic means a colour graphic set out in the fourth column of Schedule 2
information message means the message set out in Part 1 of Schedule 4
larger, in relation to a face, means of greater area; but, in relation to a retail package with 2 or more faces of equal area that are larger than any other,—
(a)
the largest faces means those faces; and
(b)
the largest face means any of those faces
message means a warning message or corresponding explanatory message
other tobacco product means any tobacco product other than cigarettes, loose or pipe tobacco, cigars, or bidis
pouch pack means a retail package made, from flexible material, in the form of a rectangular pocket with a flap covering the opening
Quitline logo means the logo printed in black on a white background and in white on a black background set out in Part 2 of Schedule 4
rectangular includes square
retail package—
(a)
means a tobacco package intended for retail sale as a single unit; and
(b)
if a retail package is a carton, includes every tobacco package it contains (whether or not it is intended for retail sale as a single unit)
sides,—
(a)
in relation to any cylindrical cigarette pack, means the 2 parts of the curved surface of the pack forming the cross section that, if the vertical centre line of the largest brand name on that surface is taken to be 0°, extend around the cross section—
(i)
from 60° to 120°; and
(ii)
from 240° to 300°:
(b)
in relation to any cigarette pack with 2 hexagonal and 6 rectangular faces, or 2 octagonal and 8 rectangular faces, means the rectangular faces except the front and back:
(c)
in relation to any cigarette pack that is a cuboid carton, means the larger 2 of the 4 faces except the front and back:
(d)
in relation to any other cigarette pack, means the surfaces of the pack, except the front and back, that are vertical when it is held so that the axis of the cigarettes within it is vertical
soft pack means a retail package of the kind commonly called a soft package or a soft cup
tobacco package has the meaning given to it by regulation 4
warning message means a message set out in the second column of Schedule 2
wrapper means a wrapping containing a retail package or several retail packages and includes a non-removable adhesive label or sticker securely attached to it.
(2)
A tobacco package may be intended for retail sale as a single unit, even if it is also intended for any or all of the following:
(a)
sale of any other kind:
(b)
transporting retail packages contained within it:
(c)
holding or displaying, for separate retail sale, retail packages contained within it.
Compare: SR 1999/70 r 2
4 Meaning of tobacco package
(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 the tobacco package.
(3)
A wrapper that contains a single tobacco package and is normally removed from the package when the package is opened is not part of the tobacco package.
Compare: SR 1999/70 r 3
5 Shapes and areas
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 (except 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:
(f)
a face of a retail package—
(i)
has a portrait orientation if, when the largest brand name on the face is read, the longest edge of the face is vertical:
(ii)
has a landscape orientation if, when the largest brand name on the face is read, the longest edge of the face is horizontal.
Compare: SR 1999/70 r 5
Part 2 Labelling of retail packages
Subpart 1—Overview of labelling requirements
6 Overview of labelling requirements
(1)
This Part sets out labelling requirements for retail packages of cigarettes, loose or pipe tobacco, cigars, bidis, and other tobacco products.
(2)
Retail packages of cigarettes, loose or pipe tobacco, and cigars must be labelled in accordance with this Part and the following schedules:
(a)
Schedule 1, which sets out the face, content, and specifications for labelling:
(b)
Parts 1 to 3 of Schedule 2, which sets out the warning messages, corresponding explanatory messages, and corresponding graphics that must be printed on the labels:
(c)
Schedule 3, which sets out the various layouts for labelling:
(d)
Schedule 4, which sets out the information message and the Quitline logo.
Subpart 2—Cigarettes and loose or pipe tobacco
7 Labelling of retail packages: cigarettes
8 Labelling of retail packages: loose or pipe tobacco
Format of warning and corresponding explanatory messages
9 Format of warning message and corresponding explanatory message: cigarettes and loose or pipe tobacco
(1)
This regulation applies to—
(a)
the warning message in English that must be displayed on the front face of a retail package containing cigarettes or loose or pipe tobacco; and
(b)
the warning message in English and te reo Māori and the corresponding explanatory message that must be displayed on the back face of a retail package containing cigarettes or loose or pipe tobacco.
(2)
The text of the warning message in English that must be displayed on the front face of a retail package must be printed—
(a)
in black on a yellow background; and
(b)
in the typeface known as Helvetica; and
(c)
in bold type and in upper-case and lower-case letters as the text of the warning messages is set out in Part 1 of Schedule 2, in type that—
(i)
is clear and legible; and
(ii)
subject to regulation 26 (which relates to the optional Ministry of Health warning), is of the same size throughout the message; and
(ii)
is of such a size that the text, as nearly as possible, fills the background on which it is printed; and
(d)
if required, within a black rectangular border (up to 0.3 mm wide) to prevent printing colour bleeds.
(3)
The text of the warning message in English and te reo Māori that must be displayed on the back face of a retail package must be printed—
(a)
in black on a yellow background for the English element of the message; and
(b)
in white on a black background for the te reo Māori element of the message; and
(c)
in the typeface known as Helvetica; and
(d)
in bold type and in upper-case and lower-case letters as the text of the warning messages is set out in Part 1 of Schedule 2, in type that—
(i)
is clear and legible; and
(ii)
may be of different point size for the English element and the te reo Māori element of the message; and
(iii)
is of such a size that the text, as nearly as possible, fills the background on which it is printed.
(4)
The text of the corresponding explanatory message that must be displayed on the back face of a retail package must be printed,—
(a)
for that part of the message except the sentences “You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.”
, in black on a yellow background; and
(b)
for the sentences “You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider.”
, in white on a black background; and
(c)
in the typeface known as Helvetica; and
(d)
in upper-case and lower-case letters as the text of the corresponding explanatory messages is set out in Part 1 of Schedule 2, in type that is—
(i)
clear and legible; and
(ii)
of the same point size throughout the message; and
(iii)
of such a size that the text, as nearly as possible, fills the background on which it is printed.
(5)
For the purposes of subclause (3),—
(a)
the English element of the warning message must comprise the top 50% of the warning message; and
(b)
the te reo Māori element of the warning message must comprise the bottom 50% of the warning message.
Format of information message
10 Format of information message: cigarettes and loose or pipe tobacco
(1)
This regulation applies to the information message that must be displayed on a retail package containing cigarettes or loose or pipe tobacco.
(2)
The text of the information message must be printed—
(a)
in white on a black background; and
(b)
in the typeface known as Helvetica; and
(c)
in bold type and in upper-case and lower-case letters as the text of the message is set out in Part 1 of Schedule 4, in type that is—
(i)
clear and legible; and
(ii)
of such a size that the text, as nearly as possible, fills the background on which it is printed.
Rotation of messages and graphics
11 Rotation of messages and graphics: cigarettes and loose or pipe tobacco
(1)
The manufacturer or importer of retail packages of cigarettes and loose or pipe tobacco must, in relation to the specified periods,—
(a)
print the relevant warning messages, corresponding explanatory messages, and corresponding graphics on the retail packages (or ensure that they are printed on the retail packages of cigarettes or loose or pipe tobacco, as the case may be); and
(b)
ensure that during those specified periods, each warning message, corresponding explanatory message, and corresponding graphic appears as nearly as possible on an equal number of retail packages of each different brand of cigarettes or loose or pipe tobacco.
(2)
The relevant warning messages, corresponding explanatory messages, corresponding graphics, and specified periods are—
(a)
the warning messages, corresponding explanatory messages, and corresponding graphics set out in items 1 to 7 of Part 1 of Schedule 2 for the period—
(i)
28 February 2008 to 28 February 2009:
(ii)
of 10 months beginning on 1 March in a year ending with an even number:
(b)
the warning messages, corresponding explanatory messages, and corresponding graphics set out in items 8 to 14 of Part 1 of Schedule 2 for the period—
(i)
1 March 2009 to 1 March 2010:
(ii)
of 10 months beginning on 1 March in a year ending with an odd number.
(3)
For the purposes of subclause (1)(b), cigarettes and loose or pipe tobacco (as the case may be) are of a different brand 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.
(4)
For the purposes of subclause (2)(a)(ii), a year ending with a zero is to be treated as a year ending with an even number.
12 Changeover of messages and graphics: cigarettes and loose or pipe tobacco
In the period of 4 months beginning on 1 January in a year, a retail package for cigarettes or loose or pipe tobacco may display the warning messages, corresponding explanatory messages, or corresponding graphics set out in any of items 1 to 14 of Part 1 of Schedule 2.
Subpart 3—Cigars
13 Labelling of retail packages: cigars
Format of warning and corresponding explanatory messages
14 Format of warning message and corresponding explanatory message: cigars
(1)
This regulation applies to—
(a)
the warning message in English and te reo Māori that must be displayed on the front face of a retail package containing cigars; and
(b)
the warning message in English and the corresponding explanatory message that must be displayed on the back face of a retail package containing cigars.
(2)
The text of the warning message in English and te reo Māori that must be displayed on the front face of a retail package must be printed—
(a)
in bold type in black on a yellow background for the English element of the message; and
(b)
in black on a yellow background for the te reo Māori element of the message; and
(c)
in the typeface known as Helvetica; and
(d)
in upper-case and lower-case letters as the text of the warning messages is set out in Part 2 of Schedule 2, in type that is—
(i)
clear and legible; and
(ii)
subject to regulation 26 (which relates to the optional Ministry of Health warning) of the same point size throughout the message; and
(iii)
of such a size that the text, as nearly as possible, fills the background on which it is printed; and
(e)
if required, within a black rectangular border (up to 0.3 mm wide) to prevent printing colour bleeds.
(3)
The text of the warning message in English and of the corresponding explanatory message that must be displayed on the back face of a retail package must be printed,—
(a)
for the warning message, in bold type in white on a black background; and
(b)
for the corresponding explanatory message, in black on a yellow background; and
(c)
in the typeface known as Helvetica; and
(d)
in upper-case and lower-case letters as the text of the warning messages and corresponding explanatory messages is set out in Part 2 of Schedule 2, in type that—
(i)
is clear and legible; and
(ii)
of such a size that the text, as nearly as possible, fills the background on which it is printed.
Rotation of messages and graphics
15 Rotation of messages and graphics: cigars
(1)
The manufacturer or importer of retail packages of cigars must, in relation to each 12-month period beginning on 1 March in any year,—
(a)
print each warning message, corresponding explanatory message, and corresponding graphic on the retail packages (or ensure that they are printed on the retail packages of cigars); and
(b)
ensure that during that 12-month period, each warning message, corresponding explanatory message, and corresponding graphic appears as nearly as possible on an equal number of retail packages of each different brand of cigars.
(2)
For the purposes of subclause (1)(b), cigars are of a different brand 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)
being otherwise differently flavoured:
(ii)
being sold in retail packages containing different numbers of pieces:
(iii)
being of different length or mass.
Subpart 4—Retail packages containing bidis
16 Labelling of retail packages: bidis
A retail package containing bidis must display a warning message set out in Part 3 of Schedule 2.
Format of warning messages
17 Format of warning message: bidis
The text for a warning message that must be displayed on a retail package containing bidis must be printed—
(a)
in black on a white rectangle measuring at least 50 mm × 20 mm that is positioned lengthwise along the package; and
(b)
in the typeface known as Helvetica; and
(c)
in bold type and in upper-case letters as the text of the message is set out in Part 3 of Schedule 2, in type that is—
(i)
clear and legible; and
(ii)
of such a size that the text, as nearly as possible, fills the background on which it is printed.
Rotation of warning messages
18 Rotation of warning messages: bidis
(1)
The manufacturer or importer of retail packages of bidis must, in relation to each 12-month period beginning on 1 March in any year,—
(a)
print each warning message on the retail packages (or ensure that they are printed on the retail packages of bidis); and
(b)
ensure that during that 12-month period, each warning message appears as nearly as possible on an equal number of retail packages of each different brand of bidis.
(2)
For the purposes of subclause (1)(b), bidis are of a different brand 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)
being sold in retail packages containing different numbers of pieces:
(ii)
being otherwise differently flavoured:
(iii)
allegedly differing in “mildness”
:
(iv)
being of different length or mass.
Subpart 5—Retail packages containing other tobacco products
19 Labelling of retail packages: other tobacco products
A retail package containing any other tobacco product must display a warning message set out in Part 4 of Schedule 2.
Format of warning messages
20 Format of warning message: other tobacco products
The text for a warning message that must be displayed on a retail package containing any other tobacco product must cover at least 30% of the total area of the face of the package and be printed—
(a)
in black on a white background; and
(b)
in the typeface known as Helvetica; and
(c)
in bold type and in upper-case letters as the text of the message is set out in Part 4 of Schedule 2, in type that is—
(i)
clear and legible; and
(ii)
of such a size that the text, as nearly, as possible, fills the background on which it is printed.
Rotation of warning messages
21 Rotation of warning messages: other tobacco products
(1)
The manufacturer or importer of retail packages of other tobacco products must, in relation to each 12-month period beginning on 1 March in any year,—
(a)
print each warning message on the retail packages (or ensure that they are printed on the retail packages of other tobacco products); and
(b)
ensure that during that 12-month period, each warning message appears as nearly as possible on an equal number of retail packages of each different brand of other tobacco products.
(2)
For the purposes of subclause (1)(b), other tobacco products are of a different brand 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)
being sold in retail packages containing different numbers of pieces:
(ii)
being otherwise differently flavoured:
(iii)
allegedly differing in “mildness”
:
(iv)
being of different length or mass.
Subpart 6—General provisions
22 Messages and corresponding graphics not to be obscured, etc
(1)
If a warning message, corresponding explanatory message, or corresponding graphic that is required by this Part to be printed on a retail package is likely to be obscured or obliterated by a wrapper on the package, the message or graphic must be printed on both the wrapper and the package.
(2)
A warning message, corresponding explanatory message, or corresponding graphic (except a message or graphic on a carton) must not be likely to be obliterated, removed, or rendered permanently unreadable when the retail package on which it is printed is opened in the normal way.
23 Use of adhesive labels
(1)
A warning message, corresponding explanatory message, or corresponding graphic that is required by this Part to be printed on a retail package (except a flip-top pack, soft pack or carton containing cigarettes) may be printed on an adhesive label that is affixed to the retail package.
(2)
An adhesive label must—
(a)
comply with this Part in all respects except as specifically permitted by this regulation; and
(b)
be affixed to the face of the retail package on which the message that it displays is required to be printed; and
(c)
be fastened firmly to the retail package so as not to be easily removable without significant destruction of the package.
24 Corresponding graphics not to be distorted
Subject to regulation 25, a corresponding graphic that is required by this Part to be printed on a retail package must not be distorted.
25 Corresponding graphics: permitted variations
(1)
A corresponding graphic that is required by this Part to be printed on a retail package may be cropped only if—
(a)
it is necessary to do so to fit the graphic onto the retail package; and
(b)
the overall effect of the graphic is not affected by the cropping.
(2)
If a corresponding graphic that is required by this Part to be printed on a retail package contains a horizontal, vertical, diagonal or similar division that divides the graphic into parts (old parts), the graphic may be printed with a different division only if—
(a)
the different division divides the graphic into equal parts (new parts); and
(b)
the old parts are cropped and placed within the new parts; and
(c)
the overall effect of the graphic is not affected by the new division.
(3)
If a corresponding graphic that is required by this Part to be printed on a retail package contains an overlay of a message in text, the overlay may be placed in a different position only if—
(a)
the overlay is completely contained within the graphic; and
(b)
the overall effect of the graphic is not affected by the new position of the overlay.
26 Ministry of Health warning
(1)
This regulation applies to—
(a)
the warning message that must be displayed on the front face of a retail package containing cigarettes or loose or pipe tobacco; and
(b)
the warning message that must be displayed on the front face or the back face of a retail package containing cigars.
(2)
The warning message may include the attribution “Ministry of Health Warning”
printed after the rest of the warning message in type of a point size not greater than 40% of the point size of the type used for the remainder of the message.
(3)
If the attribution “Ministry of Health Warning”
is included in a warning message—
(a)
it is part of the text of the message; and
(b)
the provisions of these regulations relating to warning messages apply accordingly.
Compare: SR 1999/70 r 27
Part 2A Provision of information about tobacco products
Part 2A: inserted, on 23 July 2012, by regulation 4 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).
26A Display of information inside retailer’s place of business about availability of tobacco products
(1)
This regulation specifies, for the purposes of section 23(1)(b)(ii) of the Act, requirements in relation to displaying a printed or handwritten notice inside a retailer’s place of business for the public about the location or locations where tobacco products in general are available for purchase in that place of business.
(2)
The notice must not be larger than A4 size.
(3)
The information in the notice must be printed or handwritten in black on a white background.
(4)
The notice must contain only the following information:
(a)
the words “TOBACCO AVAILABLE HERE”
, in lettering not larger than the typeface known as Helvetica 70 pt; and
(b)
the words “No sales to persons under the age of 18”
, in lettering not smaller than the typeface known as Helvetica 40 pt.
(5)
The notice—
(a)
may be displayed only where the tobacco is stored or where the tobacco can be purchased; and
(b)
must be displayed together with a pictorial health warning (of the same size as the notice) of one of the warnings set out in Part 1 of Schedule 2; and
(c)
must not be displayed so as to be visible from outside the retailer’s place of business.
(6)
The number of notices that may be displayed inside a retailer’s place of business is as follows:
(a)
only 1 notice if the retailer’s place of business is less than 200 m2:
(b)
not more than 2 notices if the retailer’s place of business is 200 m2 or more but not more than 500 m2:
(c)
not more than 3 notices if the retailer’s place of business is more than 500 m2.
(7)
For the purposes of subclause (6), the size of a retailer’s place of business is the area within the place of business to which, generally, members of the public have access.
Regulation 26A: inserted, on 23 July 2012, by regulation 4 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).
26B Provision of information about tobacco products offered for Internet sale
(1)
This regulation specifies, for the purposes of section 23(3)(b) of the Act, requirements in relation to the offer of a tobacco product for Internet sale.
(2)
The information, which is limited by section 23(3)(a) of the Act to identifying the tobacco product and indicating its price, must—
(a)
be provided in a way that is printable and not editable; and
(b)
when displayed, comply with the requirements of subclauses (3) to (6).
(3)
The information must be printed or handwritten in black on a white background.
(4)
The information must be—
(a)
limited to the brand of tobacco product, the variant, the amount or quantity or size, and the price; and
(b)
printed or handwritten in black lettering that is not larger than the typeface known as Helvetica 16 pt.
(5)
At the top and bottom of each page containing the product and price information, there must be a health warning—
(a)
that says—
“SMOKING KILLS
Ka mate koe i te kai hikareti”:
(b)
the first line of which must not be smaller than the typeface known as Helvetica 70 pt:
(c)
the second line of which must not be smaller than the typeface known as Helvetica 40 pt.
(6)
At the bottom of each page, below the health warning, there must be the following information, which must not be smaller than the typeface known as Helvetica 22 pt:
“No sales to persons under the age of 18”.
Regulation 26B: inserted, on 23 July 2012, by regulation 4 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).
26BA Provision of information inside retailer’s place of business in response to request
(1)
This regulation specifies, for the purposes of section 23(1)(a)(ii) of the Act, requirements in relation to product and price information provided in printed or handwritten form inside a retailer’s place of business to a person who has asked to purchase a specified tobacco product or any available tobacco product.
(2)
The information must be printed or handwritten in black on 1 or more sheets of plain white paper that are no larger than A4 size.
(3)
The information must be—
(a)
limited to the brand of tobacco product, the variant, the amount or quantity or size, and the price; and
(b)
printed or handwritten in black lettering that is not larger than the typeface known as Helvetica 16 pt.
(4)
At the top and bottom of each page on the same side as the product and price information appears, there must be a health warning—
(a)
that says—
“SMOKING KILLS
Ka mate koe i te kai hikareti”:
(b)
the first line of which must not be smaller than the typeface known as Helvetica 70 pt:
(c)
the second line of which must not be smaller than the typeface known as Helvetica 40 pt.
(5)
At the bottom of each page, below the health warning, there must be the following information, which must not be smaller than the typeface known as Helvetica 22 pt:
“No sales to persons under the age of 18”.
(6)
Each page on which the product and price information appears must have a continuous solid black border along each edge of the page.
Regulation 26BA: inserted, on 23 January 2013, by regulation 6 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).
26BB Provision of information about tobacco products offered by way of automatic vending machine
(1)
This regulation specifies, for the purposes of section 23(2) of the Act, requirements in relation to a notice for the public that is limited to identifying tobacco products and their prices and that may be displayed on the outside of an automatic vending machine that offers tobacco products for sale.
(2)
A notice must—
(a)
contain information about tobacco products that are available only from the automatic vending machine; and
(b)
otherwise comply with the requirements set out in regulation 26BA(2) to (6).
Regulation 26BB: inserted, on 23 January 2013, by regulation 6 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).
Part 2B Infringement offences
Part 2B: inserted, on 23 July 2012, by regulation 4 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).
26C Infringement fees for infringement offences
The infringement fee for an infringement offence is the fee specified in relation to the offence in the third column of Schedule 4A.
Regulation 26C: inserted, on 23 July 2012, by regulation 4 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).
26D Infringement and reminder notices
(1)
An infringement notice in relation to an infringement offence must be in form 1 set out in Schedule 4B.
(2)
A reminder notice in relation to an infringement offence must be in form 2 set out in Schedule 4B.
Regulation 26D: inserted, on 23 July 2012, by regulation 4 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).
Part 3 Other matters
27 Price lists given to retailers
For the purposes of section 22(2) of the 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.
Compare: SR 1999/70 r 31
28 Manufactured cigarettes to be tested
Manufactured cigarettes are a prescribed class of tobacco products for the purposes of section 33 of the Act.
Compare: SR 1999/70 r 32
29 Conduct of tests of manufactured cigarettes
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 Organization for Standardization (ISO):
(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 chromatographic 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), (b), or (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).
Compare: SR 1999/70 r 33
30 Display of retailers’ names and trade names outside shops
[Revoked]Regulation 30: revoked, on 23 July 2012, by section 18 of the Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 (2011 No 53).
31 Vending machines
[Revoked]Regulation 31: revoked, on 23 July 2012, by section 18 of the Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 (2011 No 53).
32 Returns and reports
(1)
A return required by section 35(1) of the 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 Act to be filed with the Director-General must be in the form in Schedule 6.
Compare: SR 1999/70 r 36
Revocation and savings
33 Revocation
The Smoke-free Environments Regulations 1999 (SR 1999/70) are revoked.
34 Transitional provision
(1)
This regulation applies to retail packages—
(a)
manufactured and packaged (whether in New Zealand or elsewhere) before the commencement of these regulations; and
(b)
sold or offered for sale during the period beginning on the commencement of these regulations and ending with the close of 28 August 2008.
(2)
A retail package to which this regulation applies—
(a)
is not required to be labelled in accordance with Part 2 and Schedules 1 to 4 of these regulations; but
(b)
is required to be labelled in accordance with Part 1 and Schedules 1 to 4 of the Smoke-free Environments Regulations 1999 as if those regulations had not been revoked by regulation 33.
Schedule 1 Requirements for labelling of retail packages
Part 1 Cigarettes
| Item 1 | Flip-top pack | ||
| Face | Front | Back | Side |
| Content | Warning message in English and corresponding graphic. | Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo. | Information message. |
| Specifications | The warning message in English and corresponding graphic must— (a)cover at least 30% of the total area of the front face; and (b)be positioned parallel to, and as close as possible to, the top edge of the front face; and (c)extend as close as possible to the side edges of the front face. |
The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must— (a)cover at least 90% of the total area of the back face; and (b)be positioned parallel to, and as close as possible to, the top edge of the back face; and (c)extend as close as possible to the side edges of the back face. |
The information message must cover the total area of 1 side of the pack, except the area that forms part of the flip-top. |
| Layout | Front layout 1 specified in Part 1 of Schedule 3. | Back layout 1 specified in Part 1 of Schedule 3. | |
| Item 2 | Soft pack with seal that is not clear | ||
| Face | Front | Back | Side |
| Content | Warning message in English and corresponding graphic. | Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, Quitline logo and telephone number. | Information message. |
| Specifications | The warning message in English and corresponding graphic must— (a)cover at least 30% of the total area of the front face; and (b)be positioned immediately below the seal, parallel to, and as close as possible to, the top edge of the front face so that the warning message in English and the corresponding graphic will not be obscured, severed, or obliterated when the pack is opened; and (c)extend as close as possible to the side edges of the front face. |
The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must— (a)cover the total area of the back face that is below the seal; and (b)be positioned immediately below the seal, parallel to, and as close as possible to, the top edge of the back face so that the warning message, corresponding explanatory message, and corresponding graphic will not be obscured, severed, or obliterated when the pack is opened; and (c)extend as close as possible to the side edges of the back face. |
The information message must cover the total area of 1 side of the pack. |
| Layout | Front layout 1 specified in Part 1 of Schedule 3. | Back layout 1 specified in Part 1 of Schedule 3. | |
| Item 3 | Soft pack with clear seal | ||
| Face | Front | Back | Side |
| Content | Warning message in English and corresponding graphic. | Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo. | Information message. |
| Specifications | The warning message in English and corresponding graphic must— (a)cover at least 30% of the total area of the front face; and (b)be positioned parallel to, and as close as possible to, the top edge of the front face; and (c)extend as close as possible to the side edges of the front face; and (d)be positioned so that the warning message in English and the corresponding graphic will not be obscured, severed, or obliterated when the pack is opened. |
The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must— (a)cover at least 90% of the total area of the back face; and (b)be positioned parallel to, and as close as possible to, the top edge of the back face; and (c)extend as close as possible to the side edges of the back face; and (d)be positioned so that the warning message, corresponding explanatory message, and corresponding graphic will not be obscured, severed, or obliterated when the pack is opened. |
The information message must cover the total area of 1 side of the pack. |
| Layout | Front layout 1 specified in Part 1 of Schedule 3. | Back layout 1 specified in Part 1 of Schedule 3. | |
| Item 4 | Vertical carton—semi-transparent and non-transparent | ||
| Face | Front | Back | Side |
| Content | Warning message in English and corresponding graphic. | Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo. | Information message. |
| Specifications | The warning message in English and corresponding graphic must— (a)cover at least 30% of the total area of the front face; and (b)be positioned parallel to, and as close as possible to, the top edge of the front face; and (c)extend as close as possible to the side edges of the front face. |
The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must,— (a)if the back face is partially obscured by a seal,— (i)cover as much of the remainder of the back face as practicable; and (ii)in any case cover at least 90% of the remaining area of the back face; and (b)in any other case, cover at least 90% of the total area of the back face; and (c)be positioned parallel to, and as close as possible to, the longest edge of the back face; and (d)extend as close as possible to the side edges of the back face. |
The information message must cover 25% of the total area of 1 side of the carton. |
| Layout | Front layout 1 specified in Part 1 of Schedule 3. | (a)if the back face is partially obscured by a seal, back layout 4 or back layout 5 specified in Part 1 of Schedule 3 as appropriate, according to the position of the seal on the back face, including compliance with any conditions mentioned in the layout; and (b)in any other case, back layout 1 specified in Part 1 of Schedule 3. |
|
| Item 5 | Horizontal carton—semi-transparent and non-transparent | ||
| Face | Front | Back | Side |
| Content | Warning message in English and corresponding graphic. | Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo. | Information message. |
| Specifications | The warning message in English and corresponding graphic must— (a)cover at least 30% of the total area of the front face; and (b)be positioned parallel to, and as close as possible to, the top edge of the front face; and (c)be positioned as close as possible to the left-hand edge of the front face. |
The warning message in English and te reo Māori, corresponding graphic, and corresponding explanatory message must— (a)if the back face is partially obscured by a seal— (i)cover as much of the remainder of the back face as practicable; and (ii)in any case cover at least 90% of remaining area of the back face; and (b)in any other case, cover at least 90% of the total area of the back face; and (c)be positioned parallel to, and as close as possible to, the longest edge of the back face; and (d)extend as close as possible to the side edges of the back face. |
The information message must cover 25% of the total area of 1 side of the carton. |
| Layout | Front layout 2 specified in Part 1 of Schedule 3. | (a)if the back face is partially obscured by a seal, back layout 4 or back layout 5 specified in Part 1 of Schedule 3 as appropriate, according to the position of the seal on the back face, including compliance with any conditions mentioned in the layout; and (b)in any other case, back layout 2 specified in Part 1 of Schedule 3. |
|
| Item 6 | Rectangular or square-shaped pack (other than a carton) | ||
| Face | Front | Back | Side |
| Content | Warning message in English and corresponding graphic. | Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo. | Information message. |
| Specifications | The warning message in English and corresponding graphic must— (a)cover at least 30% of the total area of the front face; and (b)be positioned parallel to, and as close as possible to, the top edge of the front face so that the warning message in English and the corresponding graphic will not be obscured, severed, or obliterated when the pack is opened; and (c)extend as close as possible to the side edges of the front face. |
The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must,— (a)cover at least 90% of the total area of the back face; and (b)be positioned parallel to, and as close as possible to, the top edge of the back face so that the warning message, corresponding explanatory message, and corresponding graphic will not be obscured, severed, or obliterated when the pack is opened; and (c)extend as close as possible to the side edges of the back face. |
The information message must cover the total area of 1 side of the pack, except any area that forms part of the lid. |
| Layout | Front layout 1 specified in Part 1 of Schedule 3. | Back layout 1 specified in Part 1 of Schedule 3. | |
| Item 7 | Hexagonal or octagonal prism-shaped packs other than flip-top packs | ||
| Face | Front (the rectangular face of the pack on which the largest brand name appears) | Back (the face opposite to the front face) | Side (one of the rectangular or square faces of the pack, except the front and back faces) |
| Content | Warning message in English and corresponding graphic. | Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo. | Information message. |
| Specifications | The warning message in English and corresponding graphic must— (a)cover at least 30% of the total area of the front face; and (b)be positioned parallel to, and as close as possible to, the top edge of the front face so that the warning message in English and the corresponding graphic will not be obscured, severed, or obliterated when the pack is opened; and (c)extend as close as possible to the side edges of the front face. |
The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must— (a)cover at least 90% of the total area of the back face; and (b)be positioned parallel to, and as close as possible to, the top edge of the back face so that the warning message, corresponding explanatory message, and corresponding graphic will not be obscured, severed, or obliterated when the pack is opened; and (c)extend as close as possible to the side edges of the back face. |
The information message must cover the total area of 1 side of the pack. |
| Layout | Front layout 1 specified in Part 1 of Schedule 3. | Back layout 1 specified in Part 1 of Schedule 3. | |
| Item 8 | Cylindrical-shaped pack | ||
| Face | Front (the curved surface of the cylinder that extends one-twelfth of the circumference of the package each side of the vertical centre line of the largest brand name appearing on that surface) | Back (the face of the cylinder that is opposite to the front face) | Outer surface of base of pack |
| Content | Warning message in English and corresponding graphic. | Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo. | Information message. |
| Specifications | The warning message in English and corresponding graphic must— (a)cover at least 30% of the total area of the front face; and (b)be positioned parallel to, and as close as possible to, the top edge of the front face so that the warning message in English and the corresponding graphic will not be obscured, severed, or obliterated when the pack is opened. |
The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must— (a)cover at least 90% of the total area of the back face; and (b)be positioned parallel to, and as close as possible to, the top edge of the back face so that the warning message, corresponding explanatory message, and corresponding graphic will not be obscured, severed, or obliterated when the pack is opened. |
The information message must cover 25% of the total area of the outer surface of the base of the pack. |
| Layout | Front layout 1 specified in Part 1 of Schedule 3. | Back layout 1 specified in Part 1 of Schedule 3. | |
| Item 9 | Pack of a shape or size not mentioned in items 1 to 8 | ||
| Face | Front (face of the pack on which the largest brand name appears) | Back (face opposite to the front face) | Side |
| Content | Warning message in English and corresponding graphic. | Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo. | Information message. |
| Specifications | The warning message in English and the corresponding graphic must— (a)cover at least 30% of the total area of the front face; and (b)be positioned parallel to, and as close as possible to, the top edge of the front face so that the warning message in English and the corresponding graphic will not be obscured, severed, or obliterated when the pack is opened; and (c)extend as close as possible to the side edges of the front face. |
The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must— (a)cover at least 90% of the total area of the back face; and (b)be positioned parallel to, and as close as possible to, the top edge of the back face, so that the warning message, corresponding explanatory message, and corresponding graphic will not be obscured, severed, or obliterated when the pack is opened; and (c)extend as close as possible to the side edges of the back face. |
The information message must cover the total area of 1 side of the pack. |
| Layout | Front layout 1 specified in Part 1 of Schedule 3. | Back layout 1 specified in Part 1 of Schedule 3. | |
Part 2 Loose or pipe tobacco
| Item 1 | Pouch | ||
| Face | Front (the largest face of the pouch that is not overlapped by the flap of the pouch) | Back (the face, comprising the flap, opposite to the front face) | Inside flap |
| Content | Warning message in English and corresponding graphic. | Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo. | Information message. |
| Specifications |
For a front face with portrait orientation, the warning message in English and corresponding graphic must— (a)cover at least 30% of the total area of the front face; and (b)be positioned parallel to, and as close as possible to, the top edge of the front face; and (c)extend as close as possible to the side edges of the front face. For a front face with landscape orientation, the warning message in English and corresponding graphic must— (a)cover at least 30% of the total area of the front face; and (b)be positioned parallel to, and as close as possible to, the top and left-hand sides of the front face. |
The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must— (a)cover at least 50% of the total area of the back face; and (b)be positioned parallel to, and as close as possible to, the top edge of the back face; and (c)extend as close as possible to the side edges of the back face. |
The information message must be printed within a rectangle measuring at least 80 mm × 25 mm that is positioned— (a)in the centre of the inside of the pouch, under the flap, and as close as possible to the top edge of the sealed inner pouch; or (b)in the centre of the inside surface of the flap that folds over the back face. |
| Layout | For a front face with portrait orientation, front layout 1 specified in Part 1 of Schedule 3. For a front face with landscape orientation, front layout 2 specified in Part 1 of Schedule 3. |
Back layout 3 specified in Part 1 of Schedule 3. | |
| Item 2 | Cylindrical-shaped package with height of at least 41 mm | ||
| Face | Front (the curved surface of the cylinder that extends one-twelfth of the circumference of the package each side of the vertical centre line of the largest brand name appearing on that surface) | Back (the face of the cylinder that is opposite to the front face) | Outer surface of base of package |
| Content | Warning message in English and corresponding graphic. | Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo. | Information message. |
| Specifications | The warning message in English and corresponding graphic must— (a)cover at least 30% of the total area of the front face; and (b)be positioned parallel to, and as close as possible to, the top edge of the front face so that the warning message in English will not be obscured, severed, or obliterated when the package is opened. |
The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must— (a)cover at least 50% of the total area of the back face; and (b)be positioned parallel to, and as close as possible to, the top edge of the back face so that the warning message, corresponding explanatory message, and corresponding graphic will not be obscured, severed, or obliterated when the package is opened. |
The information message must cover at least 25% of the total area of the outer surface of the base of the package. |
| Layout | Front layout 1 specified in Part 1 of Schedule 3. | Back layout 1 specified in Part 1 of Schedule 3. | |
| Item 3 | Cylindrical-shaped package or tin with height of less than 41 mm | ||
| Face | Front (the outer surface of the lid of the package or tin) | Back (the outer face of the base of the package or tin) | Outer surface of the base of the package |
| Content | Warning message in English and corresponding graphic. | Warning message in English and te reo Māori and corresponding explanatory message. | Information message. |
| Specifications | The warning message in English and corresponding graphic must— (a)cover at least 30% of the total area of the front face; and (b)be positioned parallel to the largest brand name on the front face. |
The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must cover at least 50% of the total area of the back face. | |
| Item 4 | Rectangular or square tin or package | ||
| Face | Front (the outer surface of the lid of the tin or the front of the package) | Back (the outer face of the base of the tin or the back of the package) | Side |
| Content | Warning message in English and corresponding graphic. | Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo. | Information message. |
| Specifications | The warning message in English and corresponding graphic must— (a)cover at least 30% of the total area of the front face; and (b)be positioned parallel to the largest brand name on the front face. |
The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must cover at least 50% of the total area of the back face. | |
| Item 5 | Pack of shape or size not mentioned in items 1 to 4 | ||
| Face | Front (the face of the package on which the largest brand name appears) | Back (the face opposite the front face) | Side |
| Content | Warning message in English and corresponding graphic. | Warning message in English and te reo Māori, corresponding explanatory message, corresponding graphic, and Quitline logo. | Information message. |
| Specifications | The warning message in English and corresponding graphic must— (a)cover at least 30% of the total area of the front face; and (b)be positioned parallel to the largest brand name on the front face. |
The warning message in English and te reo Māori, corresponding explanatory message, and corresponding graphic must cover at least 50% of the total area of the back face. | The information message must cover at least 25% of the total area of 1 side of the pack. |
Part 3 Cigars
| Item 1 | Package with hinged lid | ||
| Face | Front (outer surface of lid) | Back (outer face of base) | |
| Content | Warning message in English and te reo Māori and corresponding graphic. | Warning message in English and corresponding explanatory message. | |
| Specifications | The warning message in English and te reo Māori and the corresponding graphic must cover at least 25% of the total area of the front face. | The warning message in English and corresponding explanatory message must cover at least 35% of the total area of the back face. | |
| Item 2 | Flip-top pack | ||
| Face | Front | Back | |
| Content | Warning message in English and te reo Māori and corresponding graphic. | Warning message in English and corresponding explanatory message. | |
| Specifications | The warning message in English and te reo Māori and the corresponding graphic must cover at least 25% of the total area of the front face. | The warning message in English and corresponding explanatory message must cover at least 35% of the total area of the back face. | |
| Item 3 | Soft pack | ||
| Face | Front | Back | |
| Content | Warning message in English and te reo Māori and corresponding graphic. | Warning message in English and corresponding explanatory message. | |
| Specifications | The warning message in English and te reo Māori and the corresponding graphic must cover at least 25% of the total area of the front face. | The warning message in English and the corresponding explanatory message must cover at least 35% of the total area of the back face. | |
| Item 4 | Rectangular- or square-shaped pack or tin with front face that has width of at least 61 mm | ||
| Face | Front | Back | |
| Content | Warning message in English and te reo Māori and corresponding graphic. | Warning message in English and corresponding explanatory message. | |
| Specifications | The warning message in English and te reo Māori and the corresponding graphic must cover at least 25% of the total area of the front face. | The warning message in English and the corresponding explanatory message must cover at least 35% of the total area of the back face. | |
| Item 5 | Rectangular- or square-shaped pack or tin with front face that has width of less than 61 mm | ||
| Face | Front | Back | |
| Content | Warning message in English and te reo Māori and the corresponding graphic. | Warning message in English. | |
| Specifications | The warning message in English and te reo Māori and the corresponding graphic must cover at least 25% of the total area of the front face. | The warning message in English must cover at least 35% of the total area of the back face. | |
| Item 6 | Cylindrical-shaped packs | ||
| Face | Front (the curved surface of the cylinder that extends one-twelfth of the circumference of the cylinder each side of the vertical centre line of the largest brand name appearing on that surface) | Back (the face opposite to the front face) | |
| Content | Warning message in English and te reo Māori and corresponding graphic. | Warning message in English and corresponding explanatory message. | |
| Specifications | The warning message in English and te reo Māori and the corresponding graphic must cover at least 25% of the total area of the front face. | The warning message in English and corresponding explanatory message must cover at least 35% of the total area of the back face. | |
| Item 7 | Hexagonal or octagonal prism-shaped pack | ||
| Face | Front (the rectangular face of the package on which the largest brand name appears) | Back (the face opposite to the front face) | |
| Content | Warning message in English and te reo Māori and corresponding graphic. | Warning message in English and corresponding explanatory message. | |
| Specifications | The warning message in English and te reo Māori and the corresponding graphic must cover at least 25% of the total area of the front face. | The warning message in English and corresponding explanatory message must cover at least 35% of the total area of the back face. | |
| Item 8 | Pack of shape or size not mentioned in items 1 to 7 | ||
| Face | Front (the face of the package on which the largest brand name appears) | Back (the face opposite to the front face) | |
| Content | Warning message in English and te reo Māori and corresponding graphic. | Warning message in English and corresponding explanatory message. | |
| Specifications | The warning message in English and te reo Māori and the corresponding graphic must cover at least 25% of the total area of the front face. | The warning message in English and the corresponding explanatory message must cover at least 35% of the total area of the back face. | |
Schedule 2 Warning messages, corresponding explanatory messages, and corresponding graphics
rr 7, 8, 9, 13, 14, 16, 17, 19, 20
Part 1 Cigarettes and loose or pipe tobacco
| Item | Warning message | Explanatory message | Graphic | |
|---|---|---|---|---|
| 1 | SMOKING CAUSES BLINDNESS KA KĀPŌ KOE I TE MOMI HIKARETI Ministry of Health Warning |
Smoking causes blindness by damaging the back of your eyes. It also causes cataracts. You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
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| 2 | SMOKING CAUSES GANGRENE KA PĀNGIA KOE I TE KIKOHUNGA I TE MOMI HIKARETI Ministry of Health Warning |
Smoking damages your blood vessels reducing circulation to your legs and feet. This can cause blood clots, gangrene, and amputation. You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
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| 3 | SMOKING CAUSES MOUTH CANCER KA MATE PUKUPUKU Ō TE WAHA KOE I TE MOMI HIKARETI Ministry of Health Warning |
Mouth and throat cancer can result in eating, swallowing, and speech problems, disfigurement, and death. You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
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| 4 | YOU ARE NOT THE ONLY ONE SMOKING THIS CIGARETTE ĒHARA KO KOE ANAKE KEI TE MOMI I TĒNEI HIKARETI Ministry of Health Warning |
Smoking during pregnancy increases the risk of miscarriage, stillbirth, premature birth, and the risk of Sudden Infant Death Syndrome (SIDS). You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
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| 5 | OVER 80% OF LUNG CANCERS ARE CAUSED BY SMOKING TE NUINGA O NGĀ MATE PUKUPUKU Ā PŪKAHUKAHU NĀ TE MOMI HIKARETI Ministry of Health Warning |
Smoking causes most lung cancers in New Zealand. If you get lung cancer you will probably die from it. You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
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| 6 | TOBACCO SMOKE IS POISONOUS HE PAIHANA TE AUAHI HIKĀ Ministry of Health Warning |
Smoking exposes you to poisonous chemicals that cause cancer, heart disease, and death. You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
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| 7 | SMOKING CAUSES HEART ATTACKS KA MĀUIUI TŌU NGĀKAU I TE MOMI HIKARETI Ministry of Health Warning |
Smoking can block your arteries. Blocked arteries cause heart attacks which can kill you. You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
 |
 damaged heart muscle – result of clogged artery |
| 8 | SMOKING CAN MAKE YOU IMPOTENT KA KAHAKORE TE URE I TE MOMI HIKARETI Ministry of Health Warning |
Smoking can cause impotence due to decreased blood flow to the penis. This can prevent you from having sex. You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
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| 9 | SMOKING IS HIGHLY ADDICTIVE KA TINO WAREA TE TANGATA I TE MOMI HIKARETI Ministry of Health Warning |
You may not realise how addicted you are until you try to quit. Long-term smokers can and do quit. You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
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| 10 | SMOKING CAUSES FOUL AND OFFENSIVE BREATH KA HAUNGA, KA KEHAKEHA TŌU HĀ I TE MOMI HIKARETI Ministry of Health Warning |
Tobacco smoke affects the natural chemical balance in your mouth, which can give you offensive bad breath. You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
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| 11 | YOUR SMOKING CAN HARM YOUR KIDS KOI PĀNGIA I TE MATE ŌU TAMARIKI I TŌU MOMI HIKARETI Ministry of Health Warning |
Exposure to tobacco smoke increases the risk of your children contracting serious illnesses and dying. Babies exposed to tobacco smoke are at greater risk of Sudden Infant Death Syndrome (SIDS). You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
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| 12 | SMOKING CAUSES SERIOUS LUNG DISEASES HE TINO KINO TE MATE MIRU PUPUHI Ministry of Health Warning |
Smoking causes crippling and often fatal lung diseases like emphysema. You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
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| 13 | SMOKING MORE THAN DOUBLES YOUR RISK OF STROKE KA TINO KAHA RAWA AKE TŌU PĀNGIA ANA I TE MATE RORO IKURA I TE MOMI HIKARETI Ministry of Health Warning |
Strokes can cause permanent paralysis, inability to speak, disability, and death. You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
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| 14 | SMOKING BLOCKS YOUR ARTERIES KA AUKATIHIA ŌU IOIO TOTO I TE MOMI HIKARETI Ministry of Health Warning |
Blocked arteries can lead to heart attack, stroke, and death. You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
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Part 2 Cigars
| Item | Warning message | Explanatory message | Graphic | |
|---|---|---|---|---|
| 1 | CIGAR SMOKE IS TOXIC HE PAIHANA TE AUAHI HIKĀ Ministry of Health Warning |
Cigar smoke contains high concentrations of toxins and irritants. Taking in this toxic mix can damage the body’s cells, resulting in many diseases including cancer, heart disease, and respiratory disease. You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
 |
|
| 2 | CIGAR SMOKING CAUSES LUNG CANCER KA MATE PUKUPUKU Ā PŪKAHUKAHU I TE MOMI HIKĀ Ministry of Health Warning |
Cigar smoking increases your risk of lung cancer even if you do not inhale. Your lung cancer risk increases greatly if you inhale the smoke. You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
 |
|
| 3 | CIGAR SMOKING CAUSES MOUTH AND THROAT CANCER KA MATE PUKUPUKU O TE WAHA MĒ TĒ KOROKORO I TE MOMI HIKĀ Ministry of Health Warning |
Cigar smoking increases your risk of developing cancer of the lip, mouth, throat, and voicebox. You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
 |
|
| 4 | CIGARS ARE NOT A SAFE ALTERNATIVE TO CIGARETTES ĒHARA I TE MEA HE HAUMARU AKE TE HIKĀ KI TE HIKARETI Ministry of Health Warning |
Cigar smoking, particularly if you inhale, increases your risk of mouth and throat cancer, heart disease, and lung disease. You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
 |
|
| 5 | DON’T LET CHILDREN BREATHE YOUR SMOKE KAUA E TUKUA NGĀ TAMARIKI KIA NGONGO I TŌ AUAHI HIKARETI Ministry of Health Warning |
Children exposed to passive smoking experience more serious illnesses such as pneumonia, middle ear infections, and asthma attacks. Babies exposed to passive smoking are at greater risk of Sudden Infant Death Syndrome (SIDS). You CAN quit smoking. Call Quitline 0800 778 778 or talk to a quit smoking provider. |
 |
Part 3 Bidis
| Item | Warning message |
| 1 | SMOKING DOUBLES YOUR RISK OF STROKE |
| 2 | SMOKING CAUSES PERIPHERAL VASCULAR DISEASE |
| 3 | SMOKING CAUSES BLINDNESS |
| 4 | SMOKING CAUSES MOUTH AND THROAT CANCER |
| 5 | DON’T LET CHILDREN BREATHE YOUR SMOKE |
Part 4 Other tobacco products
| Item | Warning message |
| 1 | THIS PRODUCT CONTAINS CANCER-CAUSING AGENTS |
| 2 | THIS PRODUCT MAY BE HARMFUL TO YOUR HEALTH |
Schedule 3 Layouts for labelling of retail packages
Part 1 Layouts for labelling of cigarettes and loose or pipe tobacco
Front layout 1
Graphic; Warning message
Front layout 2
Graphic; Warning message
Back layout 1
Warning message; Graphic and Quitline logo; Corresponding explanatory message
Back layout 2
Graphic and Quitline logo; Warning message; Corresponding explanatory message
Back layout 3
Graphic and Quitline logo; Warning message; Corresponding explanatory message
Back layout 4
Corresponding explanatory message; Seal; Graphic and Quitline logo; Warning message
Conditions for back layout 4:
(a)
layout may only be used if the corresponding explanatory message occupies the lesser portion of the remainder of the face, having regard to the division made by the seal; and
(b)
the corresponding explanatory message must be not less than 20 mm in height.
Back layout 5
Graphic and Quitline logo; Warning message; Seal; Corresponding explanatory message
Conditions for back layout 5:
(a)
layout may only be used if the corresponding explanatory message occupies the lesser portion of the remainder of the face, having regard to the division made by the seal; and
(b)
the corresponding explanatory message must be not less than 20 mm in height.
Part 2 Layouts for labelling of cigars
Front of pack
Graphic; Warning message
Back of pack
Warning message; Corresponding explanatory message
Schedule 4 Information message and Quitline logo
Part 1 Information message
|
• • • |
Smoking exposes you to more than 40 harmful chemicals. These chemicals damage blood vessels, body cells, and the immune system. QUIT NOW to reduce your risk of chronic illness or premature death. |
Part 2 Quitline logo
Quitline 0800 778 778
Schedule 4A Infringement fees for infringement offences
Schedule 4A: inserted, on 23 July 2012, by regulation 5 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).
|
Section of Act |
Description of offence |
Fee ($) |
||
|---|---|---|---|---|
| 36(5) | Contravening section 29(1) (publishing an advertisement for a tobacco product that directly or indirectly states or suggests that the product is suitable for chewing or for any other oral use (other than smoking)) or section 29(2) (importing for sale, selling, packing, or distributing a tobacco product labelled or otherwise described as suitable for chewing, or for any other oral use (other than smoking)) |
1,000 (in the case of a manufacturer, importer, or distributor) |
||
500 (in any other case) |
||||
| 36(5A) | Contravening section 29A(2), which relates to distributing a tobacco product to which section 29A(1) applies, or supplying a tobacco product to which section 29A(1) applies to another person for later distribution, or, in the case of a retailer, supplying a tobacco product to which section 29A(1) applies to another person for the purpose of that retailer’s business |
1,000 (in the case of a manufacturer, importer, or distributor) |
||
500 (in any other case) |
||||
| 36(5B) | Contravening section 29B, which relates to permitting an automatic vending machine that dispenses or is capable of dispensing tobacco products or herbal smoking products to be located in a place to which members of the public have access, and also to permitting a tobacco product or herbal smoking product to be sold by way of an automatic vending machine in a place to which members of the public have access |
200 | ||
| 36(6) | Contravening section 30(1) by selling, or after selling them delivering or arranging for the delivery of, tobacco products to people younger than 18 years |
1,000 (in the case of a body corporate) |
||
500 (in any other case) |
||||
| 36(6A) | Contravening section 30(1) by selling, or after selling them deliverying or arranging for the delivery of, herbal smoking products to people younger than 18 years |
200 | ||
| 36(7A) | Contravening section 30A(2) or (3), both of which impose restrictions on the sale of certain tobacco products in small quantities |
200 | ||
| 36A(2) | Contravening section 36A(1), which prohibits sale of a toy tobacco product to a person younger than 18 years | 200 |
Schedule 4B Forms of infringement notice and reminder notice
Schedule 4B: inserted, on 23 July 2012, by regulation 5 of the Smoke-free Environments Amendment Regulations 2012 (SR 2012/164).
Form 1 Infringement notice
Infringement notice number:
Date of notice:
Name of enforcement officer issuing the notice:
Person served
Full name:
Full address:
Date of birth:
Gender:
Occupation:
Telephone number(s):
Details of alleged infringement offence
Date:
Time:
Place:
Details of offence:
which is in breach of section [36(5), 36(5A), 36(5B), 36(6), 36(6A), 36(7A), 36A(2)*] of the Smoke-free Environments Act 1990.
| *Select one. |
The infringement fee is $[amount]
The infringement fee is payable within 28 days after [earliest date notice delivered personally or posted].
The infringement fee is payable to the Director-General, Ministry of Health, at [address where fee payable].
IMPORTANT: Please read the summary of rights printed on the following pages.
Summary of rights
1
If you do not understand anything in this summary you should consult a lawyer immediately.
Payments
2
If you pay the infringement fee within 28 days after the service on you of this notice, no further action will be taken for that offence. Payment must be made at the place indicated on the first page of this notice.
Payment by instalments
3
The Director-General, Ministry of Health, may, but is not required to, enter into an agreement allowing you to pay the infringement fee by instalments (see subsections (3A) to (3D) of section 21 of the Summary Proceedings Act 1957).
4
If you wish to pay the infringement fee by instalments, you should ask the Director-General, Ministry of Health, by letter whether the Ministry of Health will agree to payment by instalments.
5
If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you arrange with the Director-General, Ministry of Health, to pay the infringement fee by instalments, you will not be entitled to request a hearing in respect of the offence and paragraphs 7(b), 7(c), 8, 9, and 10 below will not apply.
Defence
6
You have a complete defence against proceedings for the alleged infringement offence if you prove that the infringement fee has been paid to the Director-General, Ministry of Health, at the address shown on the first page of this notice within 28 days after service on you of a reminder notice in respect of the offence.
Note: Late payment or payment at any other place will not be a defence.
Further action
7
You must write to the Director-General, Ministry of Health, if you wish to do any of the following things:
(a)
raise any matter relating to the alleged offence for consideration by the Director-General, Ministry of Health; or
(b)
deny liability for the offence and request a District Court hearing (refer to paragraphs 8, 9, and 13 below); or
(c)
admit liability for the offence, but have a District Court consider written submissions as to penalty or otherwise (refer to paragraphs 10 and 13 below), you should write to the Director-General, Ministry of Health, at the address shown on the first page of this notice. Any such letter should be personally signed.
Court hearing
8
You have a right to a District Court hearing. If you deny liability for the offence and request a hearing in respect of the alleged offence, the Director-General, Ministry of Health, will (unless the Ministry of Health decides not to commence court proceedings) serve you with a notice of hearing setting out the place and time at which the matter will be heard by a District Court.
Note: If the court finds you guilty of the offence, costs will be imposed in addition to any penalty.
9
A request for a hearing must—
(a)
be in writing signed by you; and
(b)
be delivered to the Director-General, Ministry of Health, at the address shown on the first page of this notice; and
(c)
be so delivered before or within 28 days after service on you of a reminder notice.
10
If you admit liability in respect of the offence but want the court to consider your submissions as to penalty or otherwise, you should, in your letter,—
(a)
request a hearing; and
(b)
admit liability for the offence; and
(c)
set out the written submissions you wish to be considered by the court.
The Ministry of Health will then file your letter with the court (unless the Ministry of Health decides not to commence court proceedings). There will be no oral hearing before the court if you follow this course of action.
Note: Costs will be imposed in addition to any penalty.
Reminder notice
11
If, at the end of 28 days after the date of service of this notice, the infringement fee has not been paid to the Ministry of Health at the address shown on the first page of this notice and the Director-General, Ministry of Health, has not received at that address a notice requesting a hearing in respect of the offence, you will be served with a reminder notice (unless the Ministry of Health decides otherwise).
12
If, at the end of 28 days after the date of service of the reminder notice, the infringement fee has not been paid to the Director-General, Ministry of Health, at the address shown on the first page of this notice and the Director-General, Ministry of Health, has not received at that address a notice requesting a hearing,—
(a)
the Ministry of Health may provide particulars of the reminder notice for filing in a District Court; and
(b)
you will, under section 21(5) of the Summary Proceedings Act 1957, become liable to pay costs in addition to the infringement fee.
Queries and other correspondence
13
When writing or making payment, please include—
(a)
the date of the infringement; and
(b)
the infringement notice number; and
(c)
the identifying number of the alleged offence; and
(d)
the course of action you are taking in respect of the alleged offence; and
(e)
your address for replies.
Notes
Further details of your rights and obligations are in section 38C of the Smoke-free Environments Act 1990 and section 21 of the Summary Proceedings Act 1957.
All queries and all correspondence regarding this infringement notice must be directed to the Director-General, Ministry of Health, at the address shown on the first page of this notice.
Form 2 Reminder notice
Reminder notice number:
Date of notice:
Name of enforcement officer issuing the notice:
Person served
Full name:
Full address:
Date of birth:
Gender:
Occupation:
Telephone number(s):
Details of alleged infringement offence
Date:
Time:
Place:
Details of offence:
which is in breach of section [36(5), 36(5A), 36(5B), 36(6), 36(6A), 36(7A), 36A(2)*] of the Smoke-free Environments Act 1990.
| *Select one. |
Infringement notice number [number].
The infringement notice served by personal service/prepaid post* on [date].
This reminder notice served by personal service/prepaid post* on [date].
| *Select one. |
The infringement fee was $[amount] payable within 28 days after [earliest date notice delivered personally or posted].
The last day for payment is [date].
No fee has been received.
The infringement fee remains payable to the Director-General, Ministry of Health, at [address where fee payable].
IMPORTANT: Please read the summary of rights printed on the following pages.
Summary of rights
1
If you do not understand anything in this summary you should consult a lawyer immediately.
Payments
2
If you pay the infringement fee within 28 days after the service on you of this notice, no further action will be taken for that offence. Payment must be made at the place indicated on the first page of this notice.
Payment by instalments
3
The Director-General, Ministry of Health, may, but is not required to, enter into an agreement allowing you to pay the infringement fee by instalments (see subsections (3A) to (3D) of section 21 of the Summary Proceedings Act 1957).
4
If you wish to pay the infringement fee by instalments, you should ask the Director-General, Ministry of Health, by letter whether the Ministry of Health will agree to payment by instalments.
5
If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you arrange with the Director-General, Ministry of Health, to pay the infringement fee by instalments, you will not be entitled to request a hearing in respect of the offence and paragraphs 7(b), 7(c), 8, 9, and 10 below will not apply.
Defence
6
You have a complete defence against proceedings for the alleged infringement offence if you prove that the infringement fee has been paid to the Director-General, Ministry of Health, at the address shown on the first page of this notice within 28 days after service on you of this notice in respect of the offence.
Note: Late payment or payment at any other place will not be a defence.
Further action
7
You must write to the Director-General, Ministry of Health, if you wish to do any of the following things:
(a)
raise any matter relating to the alleged offence for consideration by the Director-General, Ministry of Health; or
(b)
deny liability for the offence and request a District Court hearing (refer to paragraphs 8, 9, and 12 below); or
(c)
admit liability for the offence, but have a District Court consider written submissions as to penalty or otherwise (refer to paragraphs 10 and 12 below), you should write to the Director-General, Ministry of Health, at the address shown on the first page of this notice. Any such letter should be personally signed.
Court hearing
8
You have a right to a District Court hearing. If you deny liability for the offence and request a hearing in respect of the alleged offence, the Director-General, Ministry of Health, will (unless the Ministry of Health decides not to commence court proceedings) serve you with a notice of hearing setting out the place and time at which the matter will be heard by a District Court.
Note: If the court finds you guilty of the offence, costs will be imposed in addition to any penalty.
9
A request for a hearing must—
(a)
be in writing signed by you; and
(b)
be delivered to the Director-General, Ministry of Health, at the address shown on the first page of this notice; and
(c)
be so delivered within 28 days after service on you of this notice.
10
If you admit liability in respect of the offence but want the court to consider your submissions as to penalty or otherwise, you should, in your letter,—
(a)
request a hearing; and
(b)
admit liability for the offence; and
(c)
set out the written submissions you wish to be considered by the court.
The Ministry of Health will then file your letter with the court (unless the Ministry of Health decides not to commence court proceedings). There will be no oral hearing before the court if you follow this course of action.
Note: Costs will be imposed in addition to any penalty.
Next steps
11
If you do not request a hearing and you do not pay the infringement fee or the amount of the infringement fee remaining within 28 days after service on you of this notice,—
(a)
the Ministry of Health may provide particulars of the reminder notice for filing in a District Court; and
(b)
you will, under section 21(5) of the Summary Proceedings Act 1957, become liable to pay costs in addition to the infringement fee.
Queries and other correspondence
12
When writing or making payment, please include—
(a)
the date of the infringement; and
(b)
the infringement notice number; and
(c)
the identifying number of the alleged offence; and
(d)
the course of action you are taking in respect of the alleged offence; and
(e)
your address for replies.
Notes
Further details of your rights and obligations are in section 38C of the Smoke-free Environments Act 1990 and section 21 of the Summary Proceedings Act 1957.
All queries and all correspondence regarding this reminder notice must be directed to the Director-General, Ministry of Health, at the address shown on the first page of this notice.
Schedule 5 Form of return
Manufacturer or importer:
Calendar year:
Tobacco product class:
Cigarettes/cigarette tobacco/pipe tobacco/cigars/other [specify]*
(a)
tobacco weight by product class:
(b)
weight of additives in total by product class:
(c)
list of additives and quantities not exceeded for each brand and brand variants in this return:
| Common botanical or chemical name | Quantity not exceeded (percentage by weight) |
(d)
brand information:
| Brand and brand variant | Quantity released for sale | Price (see note) |
I, [full name] of [address], [position held], certify that the information contained in/and annexed to* this return is correct for the purposes of the Smoke-free Environments Regulations 2007.
Place:
Date:
| *Delete as appropriate |
Note:
Price sheets supplied by the manufacturer or importer to retailers during the year of recommended prices for each brand and brand variant or an equivalent list may be attached to the return instead of including that information above.
Schedule 6 Form of report
Manufacturer or importer:
Laboratory:
Calendar year:
Product:
| Brand and brand variant | Tar Mean CI* |
Nicotine Mean CI* |
CO Mean CI* |
| *CI = 95% confidence interval |
I, [full name] of [address], [position held in testing laboratory], certify that the report correctly records the results of all tests carried out at the laboratory at [location] by or on behalf of [name of manufacturer or importer] during the year [year] for the purposes of section 33/section 34† of the Smoke-free Environments Act 1990.
Place:
Date:
| †Delete as appropriate |
Diane Morcom,
Clerk of the Executive Council.
Date of notification in Gazette: 1 March 2007.
Reprints notes
1 General
This is a reprint of the Smoke-free Environments Regulations 2007 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
Smoke-free Environments Regulations 2017 (LI 2017/123): regulation 64
Smoke-free Environments Amendment Regulations 2012 (SR 2012/164)
Smoke-free Environments (Controls and Enforcement) Amendment Act 2011 (2011 No 53): section 18
Versions
Smoke-free Environments Regulations 2007
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