Source: New Zealand Ministry of Health
The Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act came into force on 1 January 2023. This amendment means that the Smokefree Environments and Regulated Products Act 1990 (the Act) now restricts the sale of smoked tobacco products to a limited number of approved retail outlets and prohibits anyone from selling or supplying smoked tobacco products to people born on, or after, 1 January 2009. This is intended to significantly reduce retail availability and to create a ‘Smokefree Generation’ to prevent our tamariki, and the generations born after them, from ever taking up smoking.
The amendment also extends the Act’s regulatory powers over the composition of smoked tobacco products, such as nicotine levels, so that only products that meet requirements set out in the Smokefree Environments and Regulated Products Regulations 2021 can be manufactured, imported, sold or supplied in Aotearoa. This is intended to make these products less addictive and appealing.
Following the recent updates to the Act, we are seeking your views on proposals to implement these changes, including a retail scheme (where they are sold), and low nicotine requirements.
The consultation document also sets out proposals to tighten current restrictions on vaping product safety requirements and packaging. It also considers some restrictions on the location of Specialist Vape Retailers (SVR’s). These proposals respond to concerns about the appeal of vaping products to youth and aim to ensure that disposable vapes are safe to use. The proposals are not intended to restrict access or availability to vaping products for people who wish to stop smoking and switch to a less harmful product.
These proposals, and your feedback on them, will help us develop regulations, written notices and guidance to implement the new provisions of the Act. For Māori, this is also the first step in a consultation journey which will involve targeted engagement to help us fulfil our obligations under Te Tiriti.
