Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698943295490.pdf (New Zealand)
No 567 House of Representatives Supplementary Order Paper Tuesday, 4 August 2020 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments for the consideration of the Committee of the whole House Key: • • this is inserted text this is deleted text Note: This Supplementary Order Paper shows amendments to the Bill that are being proposed by the Minister for the purposes of consideration in Committee of the whole House.
This document does— • • NOT have official status in terms of unamended text NOT have the status of an as-reported version of the Bill.

222—2/SOP No 567 1 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill SOP No 567 Explanatory note This Supplementary Order Paper amends the Smokefree Environments and Regulated Products (Vaping) Amendment Bill.
In summary, the amendments would— • • • • • • • require the Bill to commence 3 months after the date of Royal assent (except for new clause 30): include heated tobacco device in the definition of regulated product and revise the definition of heated tobacco product: prohibit retailers from making oral communications to their customers in their retail premises that are similar in nature to advertising of regulated products (however, certain communications are exempted from this prohibition): enable retailers for whom vaping products account or will account for at least 60% of their total sales to seek approval to be a specialist vape retailer (In add- ition, the Director-General must be satisfied that the lower threshold is appro- priate after having regard to specified criteria): require the notification of a notifiable product to expire after 12 months (unless earlier renewed or cancelled): align the infringement offences and fees regime in the Bill with the Ministry of Justice Policy Framework for New Infringement Schemes: prohibit vaping in vehicles carrying children by amending the Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020.
Heated tobacco devices Heated tobacco devices are included in the definition of regulated product.

The defin- ition of heated tobacco product is revised to distinguish the device from the product which is used with the device.

This demarcation clarifies that devices used with heated tobacco products are not vaping products.

A heated tobacco product is redefined to mean a smokeless tobacco product that is intended to be used in a heated tobacco device.
A heated tobacco device is defined as a device that is intended to be used with a heated tobacco product to vaporise or aero- solise nicotine from tobacco.

The definition of vaping device is amended to exclude heated tobacco devices.

In addition, the term heated tobacco device is included in the definition of notifiable product.

This means that a heated tobacco device must be notified in accordance with Part 4 before they are to be sold in New Zealand.
Prohibited oral communications New section 26A would prohibit a retailer from making oral communications to a cus- tomer in the retailer’s premises that would have the effect of— • • encouraging the use of a regulated product: notifying the availability of a regulated product: 222—2/SOP No 567 3 SOP No 567 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to • • promoting the sale of a regulated product: promoting smoking or vaping behaviour.
However, the prohibition against those kinds of oral communications would not apply to— • • • • • communications made in response to a product request that do no more than identify the regulated products available for purchase in that place and indicate their price: communications encouraging smokers to switch to a product that is less harm- ful than smoking: communications about vaping products made, in accordance with any regula- tions, by specialist vape retailers to customers in their approved vaping prem- ises: the provision, in accordance with any regulations, of information relating to the safe use of regulated products available for purchase in any approved vaping premises: communications made by a retailer who is a suitably qualified health worker for the purpose of supporting customers to switch from smoking to vaping.
The description of prohibited oral communications is based on the definition of regu- lated product advertisement.

A retailer who contravenes new section 26A (without reasonable excuse) is liable to a penalty on par with the offence of publishing a regu- lated product advertisement.

Application for approval to be specialist vape retailer A retailer applying for approval to be a specialist vape retailer must meet the criteria in new section 14A(2).
One of those criteria requires that at least 70% of a retailer’s total sales from their retail premises are or will be from sale of vaping products.
New section 14A(2)(b) is amended to specify an alternative threshold of 60% which applies if the Director-General is satisfied that the lower threshold is appropriate in the circumstances after having regard to— • • • the geographic location of the retail premises; and the population in relation to which the retailer carries out their business; and any prescribed criteria.
New section 14A(3B) requires that it is a condition of an approval that the applicable sales threshold be maintained or, if it was not attained when approval was given, that it be maintained on and from a date specified in the approval.

New section 14A does not apply until the date that is 9 months after the commence- ment date.
Expiry of notifiable products New section 62A is inserted to state that a notification of a notifiable product expires 12 months after the date of notification (unless earlier cancelled or renewed).

A prod- 4 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill SOP No 567 uct whose notification has expired must not be sold by its notifier.

A retailer must not sell a product whose notification has expired for more than 3 months past its expiry date.
Infringement fees New section 81 is amended by replacing the maximum infringement amounts (to be set by regulations) with fixed fees that align with the Ministry of Justice Policy Framework for New Infringement Schemes.

An infringement fee of $200 is fixed for offences against any of new sections 37(3), 38(3), 41(2), 42(3), 43(4), 46(4), and 52(4) or new section 40(2) (in relation to non-tobacco products).
For offences against any of new sections 33(4), 34(5), 36(4), 39(2), 45(3), 52(4), and 53(3) or new section 40(2) (in relation to tobacco products), an infringement fee is fixed at— • • $1,000, in the case of a manufacturer, an importer, or a distributor; or $500, in any other case.

Smoking and vaping in cars prohibited On 28 November 2021, the Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Act 2020 will come into force.
Clause 30 would amend that Act to prohibit vaping in motor vehicles carrying children.

Note that vaping is defined by the Bill to mean inhaling using a vaping device or heated tobacco device.
Other changes This Supplementary Order Paper makes the following changes which are worth not- ing: • • • • • the definition of additive in section 2 is amended to provide that in relation to a vaping substance, additive means a substance that is not propylene glycol or vegetable glycerin: a new definition of internal area is inserted and the proposed amendment to the definition of open area is removed.
An internal area, in relation to any premises or vehicle, means the area determined in accordance with any criteria or means prescribed in regulations, but if none are prescribed, the current definition of internal area in the Act will apply: new section 32, which prohibits the distribution or supply of a regulated prod- uct for free or at a reduced rate, is amended to exempt vaping products that are part of a smoking cessation programme: new section 63 is amended to prohibit retailers from selling notifiable products that have been recalled: new section 63(2) to (3A), which specifies a retailer’s obligations regarding vaping products that contain flavours, do not apply to vaping products that are part of a smoking cessation programme: 222—2/SOP No 567 5 SOP No 567 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to • • the regulation making powers in new sections 75, 76, 77, and 78 are amended to include additional powers expressly contemplated by provisions in the Bill and remove regulation making powers that are not needed: the regulation making powers in new sections 79 and 80, which relate to fees and levies, are amended to enable fees and levies to apply to retailers.
This Supplementary Order Paper also makes minor, technical, and consequential changes to the Bill.

Departmental disclosure statement The Ministry of Health considers that a departmental disclosure statement is not required to be prepared for this Supplementary Order Paper.

The Honourable Jenny Salesa, in Committee, to propose the amendments shown in the following document.
6 222—2/SOP No 567 Hon Jenny Salesa Smokefree Environments and Regulated Products (Vaping) Amendment Bill Government Bill Contents Title Commencement Part 1 Amendments to Smoke-free Environments Act 1990 Principal Act Title of principal Act changed Section 2 amended (Interpretation) Section 3A replaced (Purposes of this Act) 3A New section 3B inserted (Transitional, savings, and related provisions) 3B Part 1 heading replaced Transitional, savings, and related provisions Purposes of this Act Part 1 Smoking and vaping prohibited in workplaces and public areas Section 4 amended (Purposes of this Part) Section 5 amended (Smoking in workplaces prohibited) Section 5A amended (Employer may permit smoking in vehicle with consent of users) Section 6 amended (Dedicated smoking rooms in hospital care institutions, residential disability care institutions, and rest homes) Section 7A amended (Smoking prohibited at schools and early childhood education and care centres) 222—2/SOP No 567 Page 6 6 6 6 6 11 11 12 12 12 12 12 12 13 13 1 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill 25A 26 Section 8 amended (Smoking prohibition on aircraft) Section 9 amended (Smoking restricted in passenger service vehicles) Section 11 amended (Smoking prohibited in certain travel premises Section 12 amended (Smoking on licensed premises) Section 13 amended (Smoking in restaurants) Section 13A amended (Smoking in casinos) Section 13B amended (Smoking in certain gaming machine venues) Section 14 replaced (Enforcement officers) 14 Specialist vape retailers and vaping in approved vaping premises exempt Application for approval as specialist vape retailer 14A Section 15 amended (Complaints relating to workplace smoking) Section 17 amended (Offences in respect of smoking) Section 17A amended (Penalties) Section 18 amended (Prosecution of offences) Section 19 repealed (Protection of persons acting under authority of Act) Parts 2 to 3 replaced
 Part 2 Restrictions on advertising, promotion, sale, and distribution of regulated products Outline of this Part Purposes of this Part Subpart 1—Restrictions on advertising of regulated products and related communications Publishing regulated product advertisement prohibited Specified publications exempt from advertising prohibition Retailers, vending machines, and Internet sellers exempt from advertising prohibition in certain circumstances Liability of employees, employers, agents, and principals Prohibited oral communications Subpart 2—Restrictions on sponsorship and related activities Defined terms in this subpart Sponsoring activity involving use of trade mark, etc, of regulated product Sponsoring activity involving exclusive supply arrangement Use of trade marks, etc, on goods other than regulated products or in relation to sponsored events 26 26A 27 28 29 30 2 222—2/SOP No 567 13 13 14 14 14 14 14 14 14 15 16 16 16 16 16 16 17 17 18 19 20 22 22 23 23 24 25 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill 31 Exemption for craft in emergencies Subpart 3—Prohibited ways of supplying and distributing regulated products 32 33 33A Free distribution of regulated product prohibited Distribution and supply of regulated product with other product prohibited Arrangements conflicting with Act have no effect Subpart 4—Inducements and rewards involving regulated products prohibited Rewards involving regulated product prohibited Arrangements conflicting with Act have no effect Subpart 5—Visibility of regulated products Regulated product (other than vaping product) must not be visible from place of business Subpart 6—Information and warnings at point of sale and on Internet Point-of-sale health information or warning signs Internet-sales health information or warnings Subpart 7—Sale of regulated products and toy regulated products to people under 18 years Sale and delivery of regulated product to people younger than
 18 years prohibited Supplying regulated product to people younger than 18 years prohibited Sale of toy regulated product to people younger than 18 years prohibited Point-of-sale purchase age information Internet-sales purchase age information or warnings Court may order certain repeat offenders not to sell regulated product Subpart 8—Sale of regulated products by way of automatic vending machines Regulated product (other than vaping product) must not be visible from outside automatic vending machines Automatic vending machines must not be located where public have access Automatic vending machines must display health messages required by or under this Act 34 35 36 37 38 39 40 41 42 43 44 45 46 47 222—2/SOP No 567 26 26 27 28 28 29 30 30 31 31 32 32 33 33 34 35 35 36 3 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 3 Packaging, labelling, and constituents of regulated products Purposes of this Part Subpart 1—Packaging and labelling requirements Standardised packaging of regulated products Offence in respect of standardised packaging of regulated products Messages and information required for regulated product package Restrictions on sale of certain regulated products in small quantities Restrictions on advertising, labelling, and sale of oral use products Subpart 2—Constituents of regulated products Limits on harmful constituents of tobacco products and herbal smoking products Annual testing for constituents of prescribed regulated products Director-General may require testing or further testing Part 4 Regulated products that must be notified Purpose of this Part Defined terms Notifier must not sell product unless it has been notified Notifier must be New Zealand resident or company registered in New Zealand Pre-notification requirements How to notify product When notification expires Obligations of retailers Obligation to notify adverse reaction When notifiable product must be renotified Notifiable product must not
 contain prohibited substance, prohibited flavour, or colouring substance Substances in notifiable product must not exceed maximum limits Declaration of prohibited substance Director-General may require notifier to provide information about safety of notifiable product Director-General may issue warning Recall 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 62A 63 64 65 66 66A 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill 71 72 72A 73 73A 73B Director-General may suspend product notification Cancellation of product notification Appeals against decision to suspend or cancel product notification Establishment of database and confidentiality of certain information Technical advisory committee Appeals committee Part 5 Regulations, enforcement, and other matters 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Outline Subpart 1—Regulations Regulations Regulations under section 75 Regulations for standardised packaging (including messages and information) Notifiable products Regulations relating to notifiable products Regulations imposing fees Regulations imposing levies Subpart 2—Infringement offences Infringement offences Commission of infringement offences Infringement notices Payment of infringement fees Subpart 3—Enforcement officers Appointment of enforcement officers Protection of people acting under authority of this Act Powers of entry and inspection Enforcement officer may require identifying information Search warrant Purposes for which powers may be used Duties of enforcement officers Offence to obstruct enforcement officers, intentionally fail to comply with section 87, or give false and misleading information Enforcement Subpart 4—Annual returns and reports Annual reporting requirements for manufacturers, importers, and specialist vape retailers 27 Schedule amended 222—2/SOP No 567 46 46 47 48 48
Schedule amended 222—2/SOP No cl 1 28 29 30 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill New Schedule 2 inserted Part 2 Amendments to other enactments Enactments amended Amendments to Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 4 5 Section 2 amended (Interpretation) Section 3A amended (Purposes of this Act) Schedule 1 New Part 2 inserted into Schedule Schedule 2 New Schedule 2 inserted Schedule 3 Enactments amended 65 65 65 66 66 67 70 71 The Parliament of New Zealand enacts as follows: 1 2 3 4 (1) 5 (1) 6 Title This Act is the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020.
Commencement This Act comes into force on the day that is 3 months after the date on which it receives the Royal assent, except for section 30, which comes into force on 28 November 2021.

Part 1 Amendments to Smoke-free Environments Act 1990 Principal Act This Part amends the Act that was previously called the Smoke-free Environ- ments Act 1990 (the principal Act).

Title of principal Act changed Replace section 1(1) with: This Act is the Smokefree Environments and Regulated Products Act 1990.
Section 2 amended (Interpretation) In section 2(1), repeal the definitions of dedicated smoking room, enforce- ment officer, internal area, of the same kind, open area, organised activity, package, point of sale, retailer, tobacco product advertisement, and var- iant.
222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 5 (2) In section 2(1), insert in their appropriate alphabetical order: approved Internet site means an Internet site to which a person’s approval as a specialist vape retailer applies approved vaping premises means premises to which a person’s approval as a specialist vape retailer applies approved Internet site means an Internet site to which a person’s approval as a specialist vape retailer applies dedicated room means an internal area in a hospital care institution, a residen- tial disability care institution, or a rest home that is used solely to— (a) (b) enable patients or residents who smoke to smoke, or to socialise with each other in a place where smoking is permitted; or enable patients or residents who vape to vape, or to socialise with each other in a place where vaping is permitted distributor means a person engaged in the business of selling regulated prod- ucts otherwise than at retail only emissions means the smoke, vapour, or aerosol aerosolised vaping substance produced by the use of a regulated product, whether inhaled, exhaled, or other- wise enforcement officer means a person appointed under section 85 harmful constituent means a substance declared by regulations to be a harm- ful constituent in a regulated product of a specified class or description heated tobacco device means a device that is intended to be used with a heated tobacco product to vaporise or aerosolise nicotine from tobacco heated tobacco product means a smokeless tobacco product that has a device that uses or facilitates the use of heat to aerosolise nicotine from tobacco leaf directly is intended to be used in a heated tobacco device internal area, in relation to any premises or vehicle,— (a) means the area determined as an internal area in accordance with regula- (b) tions made under section 75(ba); but if those regulations are not in force, means an area within or on the premises or vehicle that, when all
 its doors, windows, and other closea- ble openings are closed, is completely or substantially enclosed by— (i) a ceiling, roof, or similar overhead surface; and (ii) walls, sides, screens, or other similar surfaces; and (iii) those openings of the same kind,— (a) in relation to tobacco products and herbal smoking products, means not differing in a manner stated in subsection (2): 222—2/SOP No 567 7 Part 1 cl 5 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (b) in relation to vaping products, heated tobacco products, and heated tobacco devices, means not differing in a manner stated in subsection (2A) open area, in relation to any premises, means a part of the premises that is not an internal area as determined in accordance with any criteria or means pre- scribed in regulations package means a pack, carton, wrapping, or other container in which a regu- lated product is sold at retail product request means a request (however expressed) made to a retailer by a person who has asked to purchase a specified, or any available, regulated prod- uct point of sale means a checkout, till, or cashbox where regulated products may be bought public service— (a) means any of the following public service agencies: (i) (ii) (iii) (iv) a department: a departmental agency: an interdepartmental executive board: an interdepartmental venture; and (b) includes a Crown agent regulated product means a tobacco product, vaping product, heated tobacco device, or herbal smoking product regulated product advertisement— (a) means any words, whether written, printed, or spoken (including on film, video recording, or other medium, or broadcast or telecast), and any pic- torial representation, design, or device, used to— (i) (ii) (iii) (iv) encourage the use of a regulated product; or notify the availability of a regulated product; or promote the sale of a regulated product; or promote smoking or vaping behaviour; and (b) includes— (i) (ii) any trade
 circular, any label, and any advertisement in any trade journal; and any depiction of a regulated product or a regulated product trade mark in a film, video recording, telecast, or other visual medium where in return for that depiction any money is paid, or any valua- ble thing is given, to any person; and 8 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 5 (iii) the use of the company name of a regulated product manufacturer in any advertisement or promotion to the public where the com- pany name or any part of it is used as, or is included in, a regu- lated product trade mark,— and advertise advertising has a corresponding meaning regulations means regulations made under this Act retailer means a person engaged in any business that includes the sale of regu- lated products at retail smokeless tobacco product means a tobacco product that is intended to be used in a way that does not involve ignition or the combustion process smoking cessation programme means a programme that is funded (whether wholly or partly and whether directly or indirectly) by a public service with the intention of encouraging smokers to stop smoking specialist vape retailer means a person who is approved by the Director- General as a specialist vape retailer under section 14A suitably qualified health worker means— (a) (b) a registered health practitioner; or a person who— (i) (ii) (iii) has completed the Stop Smoking Practitioners Programme certi- fied by the New Zealand Qualifications Authority (the pro- gramme); or is undertaking the programme and is being supervised by a person who has completed the programme; or is a peer support worker and is being supervised by a person who has completed the programme; or (c) a person specified by the Director-General by notice in the Gazette for the purpose of the exemption in section 24(1)(i) or 26A(3)(e) to vape means to inhale using a vaping device or a heated tobacco product
 device, and vaping has a corresponding meaning toy regulated product means— (a) (b) a toy tobacco product; or an object that— (i) (ii) looks like a vaping product or a heated tobacco product device and can be used to simulate vaping; but cannot be used for vaping and has a primary purpose other than to help people to stop vaping 222—2/SOP No 567 9 Part 1 cl 5 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to vaping device means a device that— (a) (b) vaporises or aerosolises a substance or a mixture of substances by heat- ing it for the purpose of inhalation through a mouthpiece; and is sold as a complete unit or to be assembled from individual compo- nents; but (c) is not a heated tobacco device vaping product means any of the following: (a) (b) (c) (d) a vaping device: a vaping substance: any 1 or more components of a vaping device: a package containing 2 or more items described in any of paragraphs (a) to (c) vaping substance— (a) means a substance or mixture of substances that is intended to be vapor- ised or aerosolised with a vaping device; but (b) does not include a medicinal cannabis product within the meaning of regulation 4 of the Misuse of Drugs (Medicinal Cannabis) Regulations 2019 or a CBD product within the meaning of section 2A of the Misuse of Drugs Act 1975 variant means, as applicable,— (a) (b) (c) (d) sold in tobacco packages that are not of the same kind; or sold in packages of a herbal smoking product that are not of the same kind; or sold in packages of a vaping products product that are not of the same kind; or sold in packages of a heated tobacco product that are not of the same kind; or (e) sold in packages of a heated tobacco device that are not of the same kind (2A) In section 2(1), definition of automatic vending machine, paragraph (a), replace “tobacco” with “regulated”.
(2B) In section 2(1), definition of additive, after paragraph (b), insert: (c) in relation to a vaping substance, means a substance that is not propylene glycol or vegetable glycerin (3) In section 2(1), definition of Internet sale, replace “tobacco product or herbal smoking product” with “regulated product”.

(3A) In section 2(2), after “purposes of”, insert “paragraph (a) of”.
(3B) After section 2(2), insert: 10 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 6 (2A) For the purposes of paragraph (b) of the definition of of the same kind in sub- section (1), vaping products, heated tobacco products, heated tobacco devices, or any packages of vaping those products or devices differ if they bear the same brand name, but the products they contain differ in 1 or more of the fol- lowing ways: (a) (b) (c) (d) (e) containing differing levels of nicotine: being otherwise differently flavoured: having a different size, shape, or capacity: containing different numbers of pieces: being different in a way prescribed in regulations.
(4) After section 2(3), insert: (4) For the purposes of this Act,— (a) (b) (c) a vaping product that contains tobacco is not a tobacco product: a vaping device or a heated tobacco device is not a medical device within the meaning of the Medicines Act 1981: a vaping substance is not a medicine within the meaning of the Medi- cines Act 1981.
6 Section 3A replaced (Purposes of this Act) Replace section 3A with: 3A Purposes of this Act (1) The purposes of this Act are, in general, as follows: (a) (b) (c) to reduce the exposure of people who do not themselves smoke to any detrimental effect on their health caused by smoking by others; and to prevent the normalisation of vaping; and to regulate and control the marketing, advertising, and promotion of regulated products (whether directly, including through the appearance of regulated products and packages, or through the sponsoring of other products, services, or events) in order to improve public health by— (i) (ii) (iii) (iv) discouraging people, especially children and young people, from taking up smoking; and discouraging non-smokers, especially children and young people, from taking up vaping or using smokeless tobacco products; and encouraging people to stop smoking, vaping, or otherwise using regulated products; and discouraging people who have stopped smoking, vaping, or other- wise using regulated products from resuming smoking, vaping, or using regulated products; and 222—2/SOP No 567 11 Part 1 cl 7 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (ca) to support smokers to switch to regulated products that are significantly less harmful than smoking; and (d) (e) (f) to regulate the safety of vaping products, heated tobacco devices, and smokeless tobacco products; and to monitor and regulate the presence of harmful constituents found in regulated products and their emissions; and to give effect to certain obligations and commitments that New Zealand has as a party to the WHO Framework Convention on Tobacco Control, done at Geneva on 21 May 2003.
(2) Subsection (1) does not limit or affect the particular purposes of Parts 1, 2, 3, and 4.

7 New section 3B inserted (Transitional, savings, and related provisions) After section 3A, insert: 3B Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
8 Part 1 heading replaced Replace the Part 1 heading with: Part 1 Smoking and vaping prohibited in workplaces and public areas 9 Section 4 amended (Purposes of this Part) (1) After section 4(a), insert: (2) 10 (1) (2) (3) (4) (aa) to prevent the normalisation of vaping; and In section 4(b), after “smoke”, insert “or vape”.

Section 5 amended (Smoking in workplaces prohibited) In the heading to section 5, after “Smoking”, insert “and vaping”.

In section 5(1), after “smokes”, insert “or vapes”.
In section 5(1)(a) and (2), after “smoking”, insert “or vaping”.

In section 5(1)(b), replace “smoking room in which smoking” with “room in which smoking or vaping”.

(5) In section 5(2), after “smoke”, insert “or vape”.

11 Section 5A amended (Employer may permit smoking in vehicle with consent of users) (1) In the heading to section 5A, after “smoking”, insert “or vaping”.
12 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 15 (2) 12 (1) (2) In section 5A, after “smoking”, insert “or vaping” in each place.

Section 6 amended (Dedicated smoking rooms in hospital care institutions, residential disability care institutions, and rest homes) In the heading to section 6, delete “smoking”.

In section 6, replace “dedicated smoking room” with “dedicated room” in each place.
(3) Replace section 6(1)(a) with: (a) the smoking takes only place only in 1 or more dedicated rooms for smoking; and (aa) the vaping takes place only in 1 or more dedicated rooms for vaping; and In section 6(1), after “smoking”, insert “or vaping” in each place.

In section 6(1)(c) and (2)(a), replace “smoke” with “emissions”.

In section 6(1)(c), replace “dedicated smoking rooms” with “dedicated rooms”.
Replace section 6(1)(d) with: (d) for each dedicated room, an adequate equivalent room is available for patients or residents who wish to socialise in an atmosphere without emissions.

In section 6(2)(a)(ii), replace “dedicated smoking rooms” with “dedicated rooms”.

In section 6(3)(a) and (b), after “smoke”, insert “or vape”.

Section 7A amended (Smoking prohibited at schools and early childhood education and care centres) In the heading to section 7A, after “Smoking”, insert “and vaping”.
In section 7A(1)(a), after “smokes”, insert “or vapes”.

In section 7A(1)(b) and (3)(b), after “smoking”, insert “and vaping”.

In section 7A(3), after “smokes”, insert “or vapes”.

In section 7A(3)(b), replace “smoke” with “emissions”.

In section 7A(3)(b), replace “is likely” with “are likely”.

Section 8 amended (Smoking prohibition on aircraft) In the heading to section 8, replace “prohibition” with “and vaping prohibi- ted”.
In section 8(1), replace“ shall not permit any person to smoke” with “must not permit any person to smoke or vape”.

Section 9 amended (Smoking restricted in passenger service vehicles) In the heading to section 9, after “Smoking”, insert “and vaping”.
(4) (5) (6) (7) (8) (9) 13 (1) (2) (3) (4) (5) (6) 14 (1) (2) 15 (1) 222—2/SOP No 567 13 Part 1 cl 16 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (2) 16 (1) (2) 17 (1) (2) (3) (4) 18 (1) (2) (3) (4) 19 (1) (2) (3) (4) 20 (1) (2) (3) (4) 21 14 (1) In section 9(2) and (3), after “smoke”, insert “or vape”.

Section 11 amended (Smoking prohibited in certain travel premises In the heading to section 11, after “Smoking”, insert “and vaping”.
In section 11(2) and (3), after “smoke”, insert “or vape”.

Section 12 amended (Smoking on licensed premises) In the heading to section 12, after “Smoking”, insert “and vaping”.

In section 12(1), after “smokes”, insert “or vapes”.

In section 12(2), after “smoking”, insert “or vaping”.

In section 12(3), after “smoke”, insert “or vape”.

Section 13 amended (Smoking in restaurants) In the heading to section 13, after “Smoking”, insert “and vaping”.

In section 13(1), after “smokes”, insert “or vapes”.
In section 13(2), after “smoking”, insert “or vaping”.

In section 13(3), after “smoke”, insert “or vape”.

Section 13A amended (Smoking in casinos) In the heading to section 13A, after “Smoking”, insert “and vaping”.

In section 13A(1), after “smokes”, insert “or vapes”.

In section 13A(2), after “smoking”, insert “or vaping”.

In section 13A(3), after “smoke”, insert “or vape”.
Section 13B amended (Smoking in certain gaming machine venues) In the heading to section 13B, after “Smoking”, insert “and vaping”.

In section 13B(1), after “smokes”, insert “or vapes”.

In section 13B(2), after “smoking”, insert “or vaping”.

In section 13B(3), after “smoke”, insert “or vape”.
Section 14 replaced (Enforcement officers) Replace section 14 with: Specialist vape retailers and vaping in approved vaping premises exempt This Part does not apply to— (a) (b) a person who vapes in any approved vaping premises of a specialist vape retailer; and the specialist vape retailer who allows the person to vape in those prem- ises.
14 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 21 (2) A specialist vape retailer must take all practicable steps to prevent a person under the age of 18 years from entering the retailer’s approved vaping prem- ises.
(3) A specialist vape retailer who contravenes subsection (2) commits an offence and is liable,— (a) (b) in the case of a body corporate, to a fine not exceeding $10,000; or in any other case, to a fine not exceeding $5,000.

(4) In subsection (1), to vape means to inhale using a vaping device only.
14A Application for approval as specialist vape retailer (1) A person who sells vaping products from retail premises may apply to the Director-General for approval to be a specialist vape retailer in relation to spe- cified retail premises and, if applicable, specified Internet sites.
(2) The Director-General must not give a person approval to be a specialist vape retailer unless satisfied that— (a) (b) the retail premises in which the vaping products are or will be sold are a fixed permanent structure; and at least 70% of the person’s total sales from the retail premises are or will be from the sale of vaping products; and (b) at least— (i) (ii) 70% of the person’s total sales from the retail premises are or will be from the sale of vaping products; or 60% of the person’s total sales from the retail premises are or will be from the sale of vaping products and the Director-General is satisfied that the lower threshold is appropriate in the circum- stances; and (c) any requirements in regulations have been met.
(3) (3A) It is a condition of an approval that the criteria in subsection (2)(a) and (c) continue to be complied with.

In determining whether the lower threshold is appropriate in the circumstances, the Director-General must, in accordance with regulations (if any) have regard to— (a) (b) the geographic location of the retail premises; and the population in relation to which the retailer carries out their business; and (c) any prescribed criteria.
(3B) It is a condition of an approval that the sales threshold be maintained or, if it was not attained when approval was given, that it be maintained on and from a date specified in the approval.

222—2/SOP No 567 15 Part 1 cl 22 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (4) (5) (6) The Director-General may, in accordance with regulations, impose any other conditions on the approval.
The Director-General may suspend an approval if the Director-General has reasonable grounds to suspect that any condition of the approval is not being complied with.

The Director-General may cancel an approval if the Director-General is satis- fied that any condition of the approval is not being complied with.

(7) A person who provides false or misleading information in an application for approval to be a specialist vape retailer commits an offence and is liable to a fine not exceeding $10,000.
(8) (9) In making an assessment under subsection (2)(b), the Director-General may take into account the person’s total sales from the retail premises for the previ- ous 12 months (if any) and any other information that the Director-General considers relevant.

In this section, sales threshold means at least 70%, or if subsection (2)(b)(ii) applies, 60% of the person’s total sales from the retail premises are from the sale of vaping products.
22 Section 15 amended (Complaints relating to workplace smoking) In the heading to section 15, replace “workplace smoking” with “smoking or vaping in workplace”.

23 (1) (2) (3) 24 (1) (2) 25 Section 17 amended (Offences in respect of smoking) In the heading to section 17, after “smoking”, insert “and vaping”.

In section 17(3), (4), and (6), replace “smoke” with “smoke or vape”.

Repeal section 17(9).


Section 17A amended (Penalties) In section 17A(2), replace “subsection (2A), subsection (8C), subsection (9), or subsection (10)” with “subsection (2A) or (8C)”.

Repeal section 17A(4).

Section 18 amended (Prosecution of offences) In section 18(1), replace “section 14” with “section 85”.

25A Section 19 repealed (Protection of persons acting under authority of Act) Repeal section 19.
26 Parts 2 to 3 replaced Replace Parts 2 to 3 with: 16 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 Part 2 Restrictions on advertising, promotion, sale, and distribution of regulated products Outline of this Part Subpart 1 contains restrictions on the advertising of regulated products and related communications.
Subpart 2 contains restrictions on sponsorship and related activities involving the use of a regulated product trade mark or a related company name.

Subpart 3 contains prohibitions relating to the supply and distribution of regulated products.

Subpart 4 contains prohibitions relating to inducements and rewards involv- ing regulated products.

Subpart 5 restricts the visibility of a regulated product from the place from which it is sold.
Subpart 6 contains requirements relating to point-of-sale health information or warnings.

Subpart 7 prohibits the sale, delivery, and supply of regulated products and toy regulated products to people younger than 18 years.

Subpart 8 contains provisions relating to the sale of regulated products by way of automatic vending machines.
Purposes of this Part The purposes of this Part are— 21 (1) (2) (3) (4) (5) (6) (7) (8) 22 (1) (a) (b) to reduce the social approval of smoking, particularly among children and young people; and to discourage non-smokers, particularly children and young people, from vaping and using tobacco products.
(2) To achieve those purposes, this Part— (a) (b) (c) imposes controls on the marketing, advertising, and promotion of regu- lated products and their association through sponsorship with other prod- ucts and events; and requires health messages and other information to be displayed on auto- matic vending machines; and prohibits the sale of regulated products and toy regulated products to people younger than 18 years.
222—2/SOP No 567 17 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to Subpart 1—Restrictions on advertising of regulated products and related communications 23 Publishing regulated product advertisement prohibited (1) A person must not publish a regulated product advertisement in New Zealand, or arrange for another person to publish it in New Zealand, unless the person is authorised by or under this subpart or subpart 2.
(2) A notice or sign must be treated as a regulated product advertisement if the notice or sign— (a) (b) communicates information that is or includes product health information or warnings, product purchase age information or warnings, or both; and is displayed inside or at the outside of the place of business of a person who offers the products for sale (whether by retail or wholesale); and (c) is not required or permitted by this Act or regulations.
(3) A message must be treated as a regulated product advertisement if the mes- sage— (a) (b) (c) communicates information that is or includes product health information or warnings, product purchase age information or warnings, or both; and is an Internet-sales message; and is not required or permitted by this Act or regulations.

(4) Subsections (2) and (3) do not limit the generality of subsection (1) or of the definition of regulated product advertisement in section 2(1).
(5) A person who, without reasonable excuse, contravenes subsection (1) com- mits an offence and is liable,— (a) in the case of a manufacturer, an importer, or a distributor,— (i) (ii) to a fine not exceeding $600,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $200,000; and (b) in the case of a large retailer,— (i) (ii) to a fine not exceeding $200,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $70,000; and (c) in any other case,— (i) (ii) to a fine not exceeding $50,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $15,000.
18 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 24 (1) Specified publications exempt from advertising prohibition Section 23 does not apply to— (a) any price list given to retailers of regulated products if the price list— (i) complies with regulations; and (b) (ii) includes the health messages required by or under Part 3: any advertisement included in any book, magazine, or newspaper printed outside New Zealand, or in any radio or television transmission originat- ing outside New Zealand, or in any film or video recording made outside New Zealand, unless— (i) (ii) (iii) the main purpose of the book, magazine, newspaper, transmission, film, or video recording is the promotion of the use of regulated products; or the book, magazine, newspaper, film, or video recording is inten- ded for sale, distribution, or exhibition primarily in New Zealand; or in the case of an advertisement in any radio or television transmis- sion, the advertisement is targeted primarily at a New Zealand audience: any regulated product advertisement published by a regulated products manufacturer in a magazine intended for distribution only to the manu- facturer’s employees: the exhibition, in any museum or art gallery, of any work or artifact: the dissemination, broadcasting, or exhibition of any film, video record- ing, or sound recording where— (i) (ii) that film, video recording, or sound recording was made before 16 December 1990; and the regulated product advertisement included in that film, video recording, or sound recording is in the form of a reference to, or a depiction of, a tobacco product trade mark that is only an inciden- tal part of that film, video recording, or sound recording: (c) (d) (e) (f) a public health message issued by the Director-General for the purposes of this Act or any of its Parts that is published by a State public service or an individual or organisation that is funded (whether wholly or partly and whether directly or indirectly)
 by a State public service: (g) the following activities: (i) (ii) the display, in accordance with any regulations, of vaping prod- ucts within any retail premises or on any Internet site of a retailer; and if regulations made under section 75(ca)(ii) are in force and apply to the retailer, the provision, in accordance with regulations, 222—2/SOP No 567 19 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to of a retailer providing within their retail premises or on their Inter- net site information (in any medium) relating to vaping products within those premises or on that Internet site: in accordance with regulations; and (iii) until regulations made under section 75(ca)(ii) are in force, a retailer providing within their retail premises or on their Internet site, information about vaping being a less harmful alternative to smoking: (i) any advice or message given by a suitably qualified health worker to an individual or to groups for the purpose of supporting them to switch from smoking to vaping: (j) the following activities: (i) (ii) the publication and dissemination of research about vaping prod- ucts, heated tobacco devices, smokeless tobacco products, and their use: the publication and dissemination of research about encouraging smokers to switch to a product that is less harmful than smoking: (k) the publication of media articles, commentary, and opinion that— (i) (ii) encourage people to switch to a regulated product that is signifi- cantly less harmful than smoking; and are not sponsored by the manufacturer, importer, retailer, or dis- tributor of that product: (l) information provided by manufacturers and importers, in accordance with any regulations, to retailers about the use of vaping products, heated tobacco devices, and smokeless tobacco products: (m) communications about vaping products made, in accordance with any regulations, by specialist vape retailers to their existing customers.
(2) In this section,— State service has the meaning given in section 2 of the State Sector Act 1988 suitably qualified health worker means— (a) (b) a registered health practitioner; or a person specified by the Director-General by notice in the Gazette for the purpose of subsection (1)(i).
25 Retailers, vending machines, and Internet sellers exempt from advertising prohibition in certain circumstances Retailer exemption (1) A retailer of regulated products may do all or any of the following things: (a) in response to a product request, provide, inside that retailer’s place of business, information (in any medium) that— 20 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 (i) (ii) is in the form of printed, written, or spoken words; and does no more than identify the regulated products available for purchase in that place and indicate their price; and (iii) complies with any requirements in regulations: (b) display inside that retailer’s place of business any notice for the public that— (i) does no more than indicate, using only printed or written words, the fact that regulated products in general are available for pur- chase in that place and the location or locations where they may be purchased; and (ii) complies with any requirements in regulations: (c) display the retailer’s name or trade name at the outside of the retailer’s place of business so long as the name is not and does not include— (i) (ii) (iii) any word or expression signifying that a regulated product is available for purchase in that place; or the trade mark of a regulated product; or the company name of a manufacturer or an importer of regulated products.
(2) Subsection (1)(c)(i) does not apply to a specialist vape retailer whose name or trade name includes the word “vape”, “vaping”, or any name derived from the word “vape”.
Vending machine exemption (3) A person who offers regulated products for sale (whether by retail or whole- sale) by way of an automatic vending machine may display, on the outside of the vending machine, any notice for the public that— (a) does no more than— (i) identify (using only printed or written words) the regulated prod- ucts; and (ii) indicate (using only printed or written words) their prices; and (b) complies with any requirements in regulations.
Internet seller exemption (4) A person who offers regulated products for Internet sale (whether by retail or wholesale) may, in response to a product request, allow to be visible on the per- son’s Internet site when people browse, enter, or otherwise access the site, information that— (a) (b) is in the form of printed or written words; and does no more than identify the regulated product and indicate its price; and 222—2/SOP No 567 21 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (c) complies with any requirements in regulations.
(5) (6) Subsections (1)(a) and (b) and (4) do not limit the exemption in section 24(1)(g) relating to the display of, and provision of information relating to, vaping products.

In this section, product request means a request (however expressed) made for the purpose by another person who has asked to purchase a specified, or any available, regulated product.
26 Liability of employees, employers, agents, and principals For the purposes of this Act, every person is deemed to publish a regulated product advertisement whether the person does so on the person’s own account or as the agent or employee of any other person.
26A Prohibited oral communications (1) A retailer must not make any oral communication to any customer within their retail premises that has the effect of— (a) (b) (c) (d) encouraging the use of a regulated product: notifying the availability of a regulated product: promoting the sale of a regulated product: promoting smoking or vaping behaviour.
(2) A person who, without reasonable excuse, contravenes subsection (1) com- mits an offence and is liable,— (b) in the case of a large retailer,— (i) (ii) to a fine not exceeding $200,000; but if the contravention relates to a vaping product, heated tobacco device, or smokeless tobacco product, to a fine not exceeding $70,000; and (c) in any other case,— (i) (ii) to a fine not exceeding $50,000; but if the contravention relates to a vaping product, heated tobacco device, or smokeless tobacco product, to a fine not exceeding $15,000.
(3) Subsection (1) does not apply to— (a) communications made in response to a product request that do no more than identify the regulated products available for purchase in that place and indicate their price: (b) communications encouraging smokers to switch to a product that is less harmful than smoking: 22 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 (c) (d) (e) communications about vaping products made, in accordance with any regulations, by specialist vape retailers to customers in their approved vaping premises: information provided, in accordance with any regulations, by a specialist vape retailer relating to the safe use of regulated products available for purchase in their approved vaping premises: communications made by a retailer who is a suitably qualified health worker for the purpose of supporting customers to switch from smoking to vaping.
Subpart 2—Restrictions on sponsorship and related activities 27 Defined terms in this subpart In this subpart, unless the context otherwise requires,— organised activity means a cultural, educational, sporting, or recreational activity or event that is to take place, is taking place, or has taken place, in whole or in part, in New Zealand sponsor, in relation to an organised activity, means to do all or any of the fol- lowing: (a) (b) (c) to organise or promote, before the activity is to take place, or during the time that it takes place, some or all of the activity: to make, before the activity is to take place, or during or after the time that it takes place, a financial or non-financial contribution towards some or all of the activity: to make, before the activity is to take place, or during or after the time that it takes place, a financial or non-financial contribution to a person— (i) (ii) in respect of that person’s organisation or promotion of some or all of the activity; or in respect of that person’s participation in some or all or the activ- ity.
28 Sponsoring activity involving use of trade mark, etc, of regulated product (1) A manufacturer, importer, distributor, or retailer of regulated products must not sponsor an organised activity that involves the use, in the name of that activity, or on or through any thing other than a regulated product, of all or any of the following: (a) (b) (c) a regulated product trade mark: all or any part of a company name included in a regulated product trade mark: 1 or more words, logos, colours, shapes, sounds, smells, or other elem- ents of a regulated product trade mark that, as those 1 or more elements 222—2/SOP No 567 23 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to are used in the name, or on or through the thing, are likely to cause a person exposed to the name or thing to believe that the 1 or more elem- ents are used in, on, or through it only or mainly for the purpose of advertising the product.
(2) A person who, without reasonable excuse, contravenes subsection (1) com- mits an offence and is liable,— (a) in the case of a manufacturer, an importer, or a distributor,— (i) (ii) to a fine not exceeding $600,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $200,000; and (b) in the case of a large retailer,— (i) (ii) to a fine not exceeding $200,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $70,000; and (c) in any other case,— (i) (ii) to a fine not exceeding $50,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $15,000.
29 Sponsoring activity involving exclusive supply arrangement (1) A manufacturer, importer, distributor, or retailer of regulated products must not sponsor an organised activity that involves an arrangement for the person to be the only person supplying regulated products at, or for the purposes of, some or all of the activity.

(2) (3) (4) The arrangement may be a contract or a legally binding or other agreement, undertaking, or understanding.

Subsection (2) does not limit subsection (1).


This section is not subject to, and does not override, the Commerce Act 1986.
(5) A person who, without reasonable excuse, contravenes subsection (1) com- mits an offence and is liable,— (a) in the case of a manufacturer, an importer, or a distributor,— (i) (ii) to a fine not exceeding $600,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $200,000; and (b) in the case of a large retailer,— 24 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 (i) (ii) to a fine not exceeding $200,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $70,000; and (c) in any other case,— (i) (ii) to a fine not exceeding $50,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $15,000.
30 Use of trade marks, etc, on goods other than regulated products or in relation to sponsored events (1) A person must not use a regulated product trade mark— (a) (b) on a non-regulated article; or for the purpose of advertising or identifying to the public— (i) (ii) any non-regulated article; or any service, activity, or event; or (iii) any scholarship, fellowship, or other educational benefit,— even though that person would be, but for this Act, entitled to use the trade mark on that article or for that purpose.
(2) If a trade mark includes the company name, or part of the company name, of a manufacturer, importer, or distributor in New Zealand of any regulated product, no person may use that company name for the purpose of advertising or identi- fying to the public— (a) (b) (c) any non-regulated article; or any service, activity, or event; or any scholarship, fellowship, or other educational benefit,— even though that person would be, but for this Act, entitled to use that trade mark or company name for that purpose.
(3) A person must not distribute, sell, or offer or expose for sale any non-regulated article that bears a trade mark of a regulated product that is sold in New Zea- land.

(4) In this section, non-regulated article means an article that is not— (a) (b) a regulated product; or a package in which a regulated product is sold or shipped.
(5) A person who, without reasonable excuse, contravenes subsection (1), (2), or (3) commits an offence and is liable,— (a) in the case of a manufacturer, an importer, or a distributor,— 222—2/SOP No 567 25 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (i) (ii) to a fine not exceeding $600,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $200,000; and (b) in the case of a large retailer,— (i) (ii) to a fine not exceeding $200,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $70,000; and (c) in any other case,— (i) (ii) to a fine not exceeding $50,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $15,000.
31 (1) (2) Exemption for craft in emergencies In this section, craft with a prohibited display means a craft on which is dis- played the trade mark of a regulated product or the company name of a regu- lated product manufacturer.

If a craft with a prohibited display is compelled to enter New Zealand by rea- son of health or safety, or for the preservation of life or property, nothing in sections 23, 29, and 30 applies to that craft as long as it is in New Zealand for any of those reasons.
Subpart 3—Prohibited ways of supplying and distributing regulated products 32 Free distribution of regulated product prohibited (1) A manufacturer, distributor, importer, or retailer of regulated products must not do either of the following free of charge or at a reduced charge: (a) (b) distribute any regulated product: supply any regulated product to any person for subsequent distribution.
(2) A retailer of regulated products must not supply free of charge, or at a reduced charge, any regulated product to any person for the purpose of that retailer’s business.
(3) For the purposes of this section, a regulated product is distributed or supplied at a reduced charge if— (a) the charge for the product itself is reduced; or 26 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 (b) the charge for distribution or supply of the product is not reduced or pur- ports not to be reduced, but some other item is supplied free of charge or at a reduced charge, together with the product.
(4) Subsection (1)(a) does Subsections (1)(a) and (2) do not apply to the dis- tribution of vaping products by a specialist vape retailer from their approved retail vaping premises or approved Internet site.

(4A) Subsections (1) and (2) do not apply in relation to vaping products that are distributed or supplied free of charge or at a reduced charge as part of a smok- ing cessation programme.
(5) A person who, without reasonable excuse, distributes or supplies any regulated product in contravention of subsection (1) or (2) commits an offence and is liable,— (a) in the case of a manufacturer, an importer, or a distributor,— (i) (ii) to a fine not exceeding $600,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $200,000; and (b) in the case of a large retailer,— (i) (ii) to a fine not exceeding $200,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $70,000; and (c) in any other case,— (i) (ii) to a fine not exceeding $50,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $15,000.
It is a defence to a charge in respect of a contravention of subsection (1) if the person charged proves that they were merely giving a normal trade discount or normal trade rebate.

Distribution and supply of regulated product with other product prohibited (6) 33 (1) A manufacturer, distributor, importer, or retailer of regulated products must not— (a) (b) distribute an accompanied regulated product; or supply an accompanied regulated product to another person for later dis- tribution.
(2) A retailer of a regulated product must not supply an accompanied regulated product to another person for the purpose of that retailer’s business.
222—2/SOP No 567 27 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (3) In this section, accompanied regulated product means a regulated product that is— (a) (b) packed together with a product that is not a regulated product; or distributed or supplied, together with a product that is not a regulated product, at a single price.
(4) A person who, without reasonable excuse, contravenes subsection (1) or (2) commits an offence and is liable,— (a) in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $10,000; and (b) in any other case, to a fine not exceeding $5,000.

33A Arrangements conflicting with Act have no effect (1) A term has no effect if— (a) (b) it is expressed or implied in an arrangement of any kind in any form; and compliance with it would limit or prevent compliance with section 32 or 33.
(2) The arrangement may be a contract or a legally binding or other agreement, undertaking, or understanding.

(3) Subsection (2) does not limit subsection (1).


(4) A party to the arrangement (or a person who is claiming through or under that party) may seek relief under subpart 5 of Part 2 of the Contract and Commer- cial Law Act 2017 (which applies with all necessary modifications),— (a) (b) regardless of whether the arrangement is a contract: as if compliance with the term were performance, in a way that gives rise to illegality, of a provision of a contract.
Subpart 4—Inducements and rewards involving regulated products prohibited 34 Rewards involving regulated product prohibited (1) A person must not offer any gift or cash rebate, or the right to participate in any contest, lottery, or game, to— (a) (b) the purchaser of a regulated product in consideration for the purchase of that product; or any person in consideration for the provision of evidence of the purchase of a regulated product.
(2) A person must not offer to any retailer any gift or cash rebate, or the right to participate in any contest, lottery, or game, as an inducement or reward in rela- tion to— (a) the purchase or sale of regulated products by that retailer; or 28 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 (b) (c) the advertising of regulated products inside that retailer’s place of busi- ness; or the location of regulated products in a particular part of that retailer’s place of business.
(3) Subsections (1) and (2) do not apply in respect of any payment or reward to a person who— (a) purchases or attempts to purchase a regulated product for the purpose of monitoring compliance with this Part; and (b) is authorised— (i) (ii) by the Director-General for that purpose; or by a person authorised by the Director-General for that purpose.
(4) Subsection (1) does not apply a specialist vape retailer who offers any gift or cash rebate, or the right to participate in any contest, lottery, or game in the manner described in subsection (1) with respect to vaping products.

(5) A person who, without reasonable excuse, contravenes subsection (1) or (2) commits an offence and is liable,— (a) in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $10,000; or (b) in any other case, to a fine not exceeding $5,000.
35 Arrangements conflicting with Act have no effect (1) A term has no effect if— (a) (b) it is expressed or implied in an arrangement of any kind in any form; and compliance with it would limit or prevent compliance with section 32 or 33.

(2) The arrangement may be a contract or a legally binding or other agreement, undertaking, or understanding.

(3) Subsection (2) does not limit subsection (1).


(4) A party to the arrangement (or a person who is claiming through or under that party) may seek relief under subpart 5 of Part 2 of the Contract and Commer- cial Law Act 2017 (which applies with all necessary modifications),— (a) (b) regardless of whether the arrangement is a contract: as if compliance with the term were performance, in a way that gives rise to illegality, of a provision of a contract.
222—2/SOP No 567 29 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to Subpart 5—Visibility of regulated products 36 Regulated product (other than vaping product) must not be visible from place of business (1) A person who offers a regulated product other than a vaping product for sale (whether by retail or wholesale) must not allow any part of the regulated prod- uct or its package— (a) (b) to be visible from outside the person’s place of business; or to be visible from an area inside the person’s place of business to which members of the public are allowed access.
(2) Subsection (1) does not apply to a regulated product or package that is being delivered if— (a) the product or package is visible only to the extent that is necessary for it to be delivered— (i) (ii) to the person at the place; or to its purchaser at or from the place; and (b) the form of its delivery complies with any regulations made under sec- tion 75(h) that are in force.
(3) Subsection (1) does not apply to a regulated product or package that is vis- ible in a way that complies with any relevant temporary transitional exemption regulations in force under section 75(i).

(4) A person who, without reasonable excuse, contravenes subsection (1) com- mits an offence and is liable to a fine not exceeding $10,000.
Subpart 6—Information and warnings at point of sale and on Internet 37 (1) Point-of-sale health information or warning signs This section applies if regulations made under section 75(j) requiring point- of-sale health information or warnings are in force.
(2) A person to whom those regulations apply who offers a regulated product for sale (by retail or wholesale) must— (a) display a sign for the public that— (i) does no more than communicate health information or warnings; and (ii) complies with those regulations; and (b) display the sign clearly at each point of sale at the outside of or inside the person’s place of business.
(3) A person who, without reasonable excuse, contravenes subsection (2) com- mits an offence and is liable to a fine not exceeding $2,000.

30 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 38 (1) Internet-sales health information or warnings This section applies if regulations made under section 75(k) are in force requiring sales health information or warnings to be visible on a person’s Inter- net site when people access it.
(2) A person to whom those regulations apply who offers a regulated product for Internet sale (by retail or wholesale) must comply with those regulations.

(3) A person who, without reasonable excuse, contravenes subsection (2) com- mits an offence and is liable to a fine not exceeding $2,000.
Subpart 7—Sale of regulated products and toy regulated products to people under 18 years 39 Sale and delivery of regulated product to people younger than 18 years prohibited (1) A person— (a) must not sell a regulated product to a person younger than 18 years; or (b) having sold a regulated product to a person of any age, must not deliver it, or arrange for it to be delivered, to a person younger than 18 years.
(2) A person who contravenes subsection (1)(a) or (b) commits an offence and is liable,— (a) (b) in the case of a body corporate, to a fine not exceeding $10,000; and in any other case, to a fine not exceeding $5,000.

(3) It is a defence to a charge under subsection (2) if the person charged proves that— (a) (b) the contravention occurred without the person’s knowledge; and the person took reasonable precautions and exercised due diligence to prevent the contravention.
(4) A person charged with contravening subsection (1)(a) satisfies the require- ments of subsection (3)(a) and (b) if the person proves that they have sigh- ted an evidence of age document of the person to whom the product was sold that indicated that the person was of or over the age of 18 years.

(5) (6) Subsection (4) does not affect the generality of subsection (3).
It is not a defence to a charge under subsection (2)— (a) that the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years; or (b) that the person charged believed on reasonable grounds that the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years.
222—2/SOP No 567 31 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (7) Anything done by a person (A) as the employee of another person (B) is, for the purposes of an offence against subsection (2), to be treated as done by B as well as by A, whether or not it was done with B’s knowledge or approval.
(8) Anything done by a person (A) as the agent of another person (B) is, for the purposes of an offence against subsection (2), to be treated as done by B as well as by A, unless it is done without B’s express or implied authority, prece- dent or subsequent.
40 Supplying regulated product to people younger than 18 years prohibited (1) A person must not, in a public place,— (a) (b) supply a regulated product to a person younger than 18 years; or supply a regulated product to a person with the intention that it be sup- plied (directly or indirectly) to a person younger than 18 years.

(2) A person who contravenes subsection (1) commits an offence and is liable to a fine not exceeding $2,000.
(3) It is a defence to a charge under subsection (2) if the person charged proves that— (a) (b) the contravention occurred without the person’s knowledge; and the person took reasonable precautions and exercised due diligence to prevent the contravention.
(4) A person charged with contravening subsection (1)(a) satisfies the require- ments of subsection (3)(a) and (b) if the person proves that they have sigh- ted an evidence of age document of the person to whom the product was sup- plied that indicated that the person was of or over the age of 18 years.
(5) (6) (7) It is not a defence to a charge under subsection (2)— (a) that the person younger than 18 years was acquiring the product for or on behalf of, or as agent for, a person of or over the age of 18 years; or (b) that the person charged believed on reasonable grounds that the person younger than 18 years was acquiring the product for or on behalf of, or as agent for, a person of or over the age of 18 years.
Subsection (1) applies irrespective of any liability that may attach to a person who has sold the product to any other person.

In this section, public place has the meaning given to it in section 2(1) of the Summary Offences Act 1981.

41 Sale of toy regulated product to people younger than 18 years prohibited (1) A person must not sell a toy regulated product to a person younger than 18 years.

(2) A person who contravenes subsection (1) commits an offence, and is liable to a fine not exceeding $2,000.
32 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 (3) It is a defence to a charge under subsection (2) if the person charged proves that— (a) (b) the contravention occurred without the person’s knowledge; and the person took reasonable precautions and exercised due diligence to prevent the contravention.
The person charged satisfies the requirements of subsection (3)(a) and (b) if the person proves that they have sighted an evidence of age document of the person to whom the product was sold that indicated that the person was of or over the age of 18 years.

Subsection (4) does not affect the generality of subsection (3).
It is not a defence to a charge under subsection (2) that— (a) the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years; or (b) the person charged believed on reasonable grounds that the person to whom the product was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years.
Point-of-sale purchase age information This section applies if regulations made under section 75(l) requiring point- of-sale purchase age information or warnings are in force.
(4) (5) (6) 42 (1) (2) A person to whom those regulations apply who offers a regulated product for sale by retail must display clearly at each point of sale at the outside of or inside the person’s place of business a notice for the public that— (a) does no more than communicate information or warnings to the effect that the sale of regulated products to people who are younger than 18 years is prohibited; and (b) complies with any requirements of those regulations.
(3) A person who, without reasonable excuse, contravenes subsection (2) com- mits an offence and is liable to a fine not exceeding $2,000.

43 (1) Internet-sales purchase age information or warnings This section applies if regulations made under section 75(m) are in force requiring purchase age information or warnings to be visible on a person’s Internet site when people access it.

(2) A person to whom those regulations apply who offers regulated products for sale must comply with those regulations.
(3) The health warning information or warnings that are required to be visible must— 222—2/SOP No 567 33 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (a) do no more than communicate information or warnings to the effect that the sale of regulated products to people who are younger than 18 years is prohibited; and (b) comply with the applicable requirements of those regulations.
(4) A person who, without reasonable excuse, contravenes subsection (2) com- mits an offence and is liable to a fine not exceeding $2,000.
44 (1) Court may order certain repeat offenders not to sell regulated product In this section, a repeat offence means an offence against section 39(2) that a person has committed within 2 years of being convicted of— (a) (b) another offence against section 39(2); or an offence against section 30(1) of this Act before it was amended by the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020.
(2) When sentencing a person for a repeat offence or an offence against subsec- tion (4), the court may (in addition to any sentence it might impose and any other order in the nature of a penalty it might make) make an order— (a) prohibiting either or both of the following: (i) (ii) the sale of regulated products by or on behalf of the person: the sale of regulated products at a shop at which the offence occurred; or (b) prohibiting either or both of the following: (i) (ii) the sale of regulated products of a stated kind by or on behalf of the person: the sale of regulated products of a stated kind in the place in which the offence occurred; or (c) imposing any conditions or restrictions (or both) that it thinks fit on either or both of the following: (i) (ii) the sale of regulated products by or on behalf of the person: the sale of regulated products at a shop at which the offence occurred.
(3) The order must state— (a) (b) the date on which it takes effect (which may be the date on which it is made or a later date); and the date on which it expires (which must be a date at least 4 weeks and no more than 3 months after the date on which it takes effect).
(4) A person who fails to comply with an order under subsection (2) commits an offence and is liable,— (a) in the case of a body corporate, to a fine not exceeding $10,000; and 34 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 (b) in any other case, to a fine not exceeding $5,000.
Subpart 8—Sale of regulated products by way of automatic vending machines 45 Regulated product (other than vaping product) must not be visible from outside automatic vending machines (1) A person who offers a regulated product other than a vaping product for sale by way of an automatic vending machine must not allow any part of the regulated product or its package to be visible from outside the machine.
(2) However, subsection (1) does not apply to a regulated product or package that is being delivered if— (a) (b) the product or package is visible only to the extent that is necessary for it to be delivered to or from the machine; and the form of its delivery complies with regulations made under section 75(h) that are in force.

(3) A person who, without reasonable excuse, contravenes subsection (1) com- mits an offence and is liable to a fine not exceeding $10,000.
(4) Subsection (1) does not apply to a regulated product or package that is vis- ible in a way that complies with any relevant temporary transitional exemption regulations in force under section 75(i).
46 Automatic vending machines must not be located where public have access (1) A person must not— (a) (b) permit an automatic vending machine that dispenses or is capable of dis- pensing regulated products to be located in a place to which members of the public have access; or permit a regulated product to be sold by way of an automatic vending machine in a place to which members of the public have access.
(2) Subsection (1) does not apply to an automatic vending machine if— (a) no individual sale can occur unless the machine is activated by the per- son who would otherwise be in breach of that subsection (or an employee or agent of that person); and (b) the device used to activate the machine is permanently located in a place from which any person using it can see the person to whom the sale is to be made.
(3) For the purposes of this Act, a person who activates an automatic vending machine so that the sale of a regulated product to another person occurs is a party to the sale of that product to the other person.

(4) A person who, without reasonable excuse, contravenes subsection (1)(a) or (b) commits an offence and is liable to a fine not exceeding $2,000.
222—2/SOP No 567 35 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to 47 Automatic vending machines must display health messages required by or under this Act (1) A person who sells a regulated product from an automatic vending machine that can be seen from a place to which members of the public have access— (a) must display on the machine any health message required by or under this Act (even if the machine is accessible only by the person or their employees or agent); and (b) must display the health message in accordance with regulations.
(2) A person commits an offence if the person— (a) (b) offers for sale a regulated product by way of an automatic vending machine; and fails, without reasonable excuse, to display on that machine any health message required by or under this Act.

(3) A person who commits an offence against subsection (2) is liable to a fine not exceeding $5,000.

(4) Subsection (1) does not authorise or excuse a contravention of section 46.
Part 3 Packaging, labelling, and constituents of regulated products 48 Purposes of this Part The purposes of this Part are— (a) (b) (c) to reduce the social approval of smoking, particularly among children and young people: to reduce the appeal of vaping and the use of heated tobacco products for non-smokers, particularly children and young people: to require the standardised appearance of regulated products and their packages (including messages and information) in order to— (i) (ii) (iii) reduce the appeal of smoking, particularly for young people; and further reduce any social and cultural acceptance and approval of smoking; and reduce the appeal of vaping and use of heated tobacco products for non-smokers, particularly for children and young people; and (iv) make warning messages and images more noticeable and effect- ive; and (v) reduce the likelihood of consumers acquiring false perceptions about the harmful effects of smoked tobacco products, vaping products, and heated smokeless tobacco products: 36 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 (d) (e) (f) to discourage non-smokers, particularly children and young people, from vaping and using heated tobacco products: to reduce some of the harmful effects of tobacco products on the health of users by monitoring and regulating the presence of harmful substan- ces in the products and in tobacco emissions: to facilitate the harmonisation of the laws of New Zealand and Australia relating to the labelling of smoked tobacco products (including, without limitation, requirements relating to the display of health messages).
Subpart 1—Packaging and labelling requirements 49 Standardised packaging of regulated products (1) A regulated product— (a) must comply with the requirements in regulations that apply to that product; and (b) if sold or offered for sale,— (i) must be contained in a package; and (ii) must be packaged in a quantity that complies with regulations.
(2) The package for a regulated product— (a) must comply with section 51 (which relates to messages and informa- tion); and (b) other than part of the package that is wrapping or lining, may display the brand or company name for the product, but only in accordance with regulations; and (c) must comply with regulations in all other respects.
50 (1) Offence in respect of standardised packaging of regulated products This section applies to— (a) (b) (c) a person who manufactures, distributes, sells, offers for sale, or other- wise supplies a regulated product knowing that the product contravenes section 49(1); or a person who distributes, sells, offers for sale, or otherwise supplies a regulated product in a package knowing that the package contravenes section 49(2); or a person who does the following knowing that a package for a regulated product contravenes section 49(2): (i) manufactures, distributes, sells, offers for sale, or otherwise sup- plies the package; or (ii) packages, or arranges for the packaging of, a regulated product in the package.
222—2/SOP No 567 37 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (2) The person commits an offence and is liable on conviction,— (a) in the case of a manufacturer, an importer, or a distributor,— (i) (ii) to a fine not exceeding $600,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $200,000; and (b) in the case of a large retailer,— (i) (ii) to a fine not exceeding $200,000; but if the contravention relates to a vaping product, heated tobacco device, or a smokeless tobacco product, to a fine not exceeding $70,000; and (c) in any other case,— (i) (ii) to a fine not exceeding $50,000; but if the contravention relates to a vaping product, heated tobacco device, or smokeless tobacco product, to a fine not exceeding $15,000.
(3) However, the person does not commit an offence against this section in relation to a regulated product or a package if— (a) (b) the product or package is intended for export; and the product or package has not been sold or supplied at retail, or offered for retail sale, in New Zealand.
51 Messages and information required for regulated product package (1) A package must display, in accordance with regulations, as many of the follow- ing things as regulations require: (a) a message relating to— (b) (c) (i) (ii) the harmful health, social, cultural, or economic effects, or other harmful effects, of using the regulated product: the beneficial effects of stopping the use of the product or of not using the regulated product: if the product is intended for smoking, a list of the harmful constituents, and their respective quantities, present in its emissions: whether as part of or in addition to any message about effects, a photo- graph or picture relating to— (i) (ii) the harmful health, social, cultural, or economic effects, or other harmful effects, of using the regulated product: the beneficial effects of stopping the use of the product or of not using the regulated product.
(2) A package must, if required by regulations, contain a leaflet with— 38 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 (a) information (prescribed by regulations for regulated products generally, or regulated products of a class to which the product belongs) relating to— (i) (ii) the harmful health, social, cultural, or economic effects, or other harmful effects, of using the product: the beneficial effects of stopping the use of the product or of not using the product; and (b) if the regulated product is intended for smoking, as much of the follow- ing information (stated, as regulations may require, by reference to the class of regulated product to which the product belongs, or to the pro- duct’s brand as a regulated product of any class or variant of a brand of a regulated product of any class) as regulations require: (i) (ii) (iii) a list of the harmful constituents, and their respective quantities, present in the product: a list of the additives, and their respective quantities, present in the product: a list of the harmful constituents, and their respective quantities, present in the product’s emissions.
52 Restrictions on sale of certain regulated products in small quantities (1) A manufacturer, importer, distributor, or retailer must not sell or offer for sale— (a) (b) (c) cigarettes in a package that contains fewer than 20 cigarettes; or loose tobacco in a package that contains less than 30 grams of loose tobacco; or any other regulated product in a package that contains fewer than the number (if any) prescribed in regulations for that product.
(2) In this section, unless the context otherwise requires,— cigarette includes the tobacco product commonly known as a cigarillo loose tobacco means— (a) (b) tobacco prepared for smoking in hand-rolled cigarettes: pipe tobacco.

(3) Nothing in subsection (1)(a) applies in respect of cigars (other than cigaril- los).

(4) A person who, without reasonable excuse, contravenes subsection (1) com- mits an offence and is liable to a fine not exceeding $2,000.
222—2/SOP No 567 39 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to 53 Restrictions on advertising, labelling, and sale of oral use products (1) A person must not publish a regulated product advertisement that directly or indirectly states or suggests that a regulated product is suitable for chewing or for any other oral use.
(2) A person must not import for sale, sell, pack, or distribute any regulated prod- uct labelled or otherwise described as suitable for chewing, or for any other oral use.

(2A) A person must not import for sale, sell, pack, or distribute any oral nicotine product unless the Minister of Health has given consent or provisional consent to the distribution of the product under the Medicines Act 1981.
(3) A person who, without reasonable excuse, contravenes subsection (1), (2), or (2A) commits an offence and is liable,— (a) in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $10,000; or (b) in any other case, to a fine not exceeding $5,000.

(4) In this section, oral use, in relation to a product, means the absorption of the product primarily through the oral mucosa.
Subpart 2—Constituents of regulated products 54 Limits on harmful constituents of tobacco products and herbal smoking products (1) A manufacturer or an importer must not offer for sale or export any tobacco product or herbal smoking product that— (a) (b) contains, or generates in its emissions, a harmful constituent prohibited by regulations; or contains, or generates in its emissions, harmful constituents in excess of any limits prescribed by regulations, as determined in accordance with any tests so prescribed.
(2) A person who, without reasonable excuse, contravenes subsection (1) com- mits an offence and is liable to a fine not exceeding $10,000.

55 (1) (2) 40 Annual testing for constituents of prescribed regulated products This section applies to a regulated product specified in regulations as a product to which this section applies.
Every manufacturer and every importer of the regulated product must conduct, either or both of the following tests (as regulations require): (a) a test for the constituents of each brand of the product sold by the manu- facturer or importer, and the respective quantities of those constituents: (b) a test for the constituents of any emissions.
222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 (3) (4) 56 (1) The tests must be conducted each year by 31 December in accordance with any requirements in regulations.

If regulations require it, each variant of the brand must be tested separately.
Director-General may require testing or further testing The Director-General may, by written notice, require a manufacturer or an importer of a regulated product to conduct tests of the product.

(2) Any tests required under this section may be in addition to any tests required under section 55.

The tests must be conducted— (3) (a) (b) (c) in accordance with regulations; and in a laboratory nominated by the Director-General; but at the expense in all respects of the manufacturer or importer.
(4) In any year, the Director-General must not require tests to be conducted under this section in respect of more than one of the brands of regulated products to which section 55 applies sold by a particular manufacturer or importer.

(5) However, subsection (4) does not apply to vaping products.

(6) A person commits an offence if the person, without reasonable excuse,— (a) (b) fails to conduct any tests required under this section; or fails to conduct those tests in accordance with regulations.
(7) A person who commits an offence under subsection (6) is liable,— (a) (b) in the case of a body corporate, to a fine not exceeding $10,000; or in any other case, to a fine not exceeding $5,000.

Part 4 Regulated products that must be notified 57 Purpose of this Part The purpose of this Part is to regulate the safety of notifiable products.
58 Defined terms In this Part, unless the context otherwise requires,— database means the database established under section 73 flavour, in relation to a notifiable product, means a clearly noticeable smell or taste resulting from an additive or a combination of additives which is noticea- ble before or during use of the product notifiable product means a— (a) vaping product; or 222—2/SOP No 567 41 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (b) (c) smokeless tobacco product; or heated tobacco device notifier means the manufacturer or importer of a notifiable product product safety requirements means safety requirements prescribed in regula- tions for a notifiable product prohibited flavour means a flavour or a class of flavour listed in Part 2 of Schedule 2 prohibited substance means a substance declared under section 67.
59 Notifier must not sell product unless it has been notified (1) A notifier of a notifiable product must not sell the product in New Zealand unless it— (a) (b) has been notified in accordance with this Part; and complies with product safety requirements.

(1A) A notifier must not sell a notifiable product in New Zealand whose notification has expired.

(2) A person who, without reasonable excuse, contravenes subsection (1) or (1A) commits an offence and is liable to a fine not exceeding $400,000.
60 Notifier must be New Zealand resident or company registered in New Zealand A notifier of a notifiable product must be a New Zealand resident or a company registered in New Zealand.

61 Pre-notification requirements Before notifying a notifiable product that is intended for sale in New Zealand, the notifier must ensure that the product complies with— (a) (b) (c) product safety requirements; and sections 66 and 66A; and any applicable requirements in regulations.
62 How to notify product (1) A notifier must notify the notifiable product by entering on the database— (a) (b) (c) the notifier’s contact details; and a description of the product and its parts (including its substances) in accordance with regulations; and a declaration by the notifier that the product complies with the require- ments referred to in section 61.
42 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 (2) A person who, without reasonable excuse, provides false or misleading infor- mation in notifying a notifiable product commits an offence and is liable to a fine not exceeding $50,000.

62A When notification expires (1) A notification of a notifiable product expires 12 months after the date of notifi- cation (or its last notification) unless earlier cancelled or renewed.
(2) A notifier may renew a product notification by notifying it in accordance with this Part before it expires.

63 Obligations of retailers (1) A retailer must not sell a notifiable product in New Zealand— (a) (b) (c) sell a notifiable product in New Zealand unless it has been notified in accordance with this Part; or sell a notifiable product that does not comply with product safety requirements; or sell a notifiable product for which notification has been cancelled or sus- pended.
; or (d) whose notification has expired for more than 3 months; or (e) that has been recalled under section 70.

(2) A retailer must not, unless subsection (3) applies, sell a vaping notifiable product that contains a flavour that is not listed in Part 1 of Schedule 2.
(3) A specialist vape retailer— (a) may sell a vaping product that contains any flavour except a prohibited flavour; but (b) if the vaping product contains a flavour that is not from a class of flavour listed in Part 1 of Schedule 2, must sell the product only from the retailer’s approved vaping premises or the retailer’s approved Internet site.

(3A) A retailer must comply with any requirements in regulations (if any) relating to the sale of vaping notifiable products that contain a flavour.
(3B) However, subsections (2) to (3A) do not apply to vaping products that are part of a smoking cessation programme.

(4) A person who, without reasonable excuse, contravenes subsection (1), (2), (3), or (3A) commits an offence and is liable to a fine not exceeding $400,000 in the case of a large retailer, or $50,000 in any other case.
64 Obligation to notify adverse reaction (1) A notifier must advise the Director-General as soon as practicable after the notifier becomes aware of any adverse reaction to the notifiable product.

222—2/SOP No 567 43 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (2) A person who, without reasonable excuse, contravenes subsection (1) com- mits an offence and is liable to a fine not exceeding $400,000.
(3) In this section, adverse reaction means an unwanted or harmful reaction— (a) (b) that is experienced by an individual who has used the product; and that is suspected to have been caused (wholly or partly) by the use of the product.
65 When notifiable product must be renotified (1) If, after a notifiable product has been notified, the product or any part of the product undergoes a significant change, the notifier must, as soon as practic- able,— (a) (b) withdraw cancel the product notification for the product; and complete a new product notification that accurately reflects the change to the product.
(2) In this section, significant change means any of the following changes (as applicable): (a) (b) (c) (d) a change to the composition or nicotine level of the product’s vaping substance: a change to the composition or strength of the product’s tobacco compo- nent: a change to the product’s atomiser: a change to any other part or component of the product that is specified in regulations.
66 Notifiable product must not contain prohibited substance, prohibited flavour, or colouring substance (1) A notifiable product must not contain a prohibited substance.

(2) A notifiable product must not contain a prohibited flavour.

(3) A notifiable product that is a vaping substance, or any part of the product that is vaping substance, substance or mixture of substances that is intended to be vaporised or aerosolised by a notifiable product must not contain a colouring substance.
66A Substances in notifiable product must not exceed maximum limits (1) A notifiable product must not contain a substance in excess of any maximum limit declared under this section.

(2) The Director-General may declare a maximum limit for a substance contained in a notifiable product if satisfied, on reasonable grounds, that exceeding the limit causes the product to become unsafe.
44 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 (3) A declaration must be in writing and published on an Internet site maintained by or on behalf of the Ministry of Health.

Declaration of prohibited substance The Director-General may declare a substance to be a prohibited substance if satisfied that the substance is unsafe for use in a notifiable product.
67 (1) (2) A declaration must be in writing and published on an Internet site maintained by or on behalf of the Ministry of Health.

68 (1) (2) Director-General may require notifier to provide information about safety of notifiable product The Director-General may, by written notice, require a notifier of a notifiable product to provide information relating to the safety of the notifiable product.

The notifier must provide the information within the period specified in the notice.
(3) A notifier who knowingly provides false or misleading information in response to the notice commits an offence and is liable to a fine not exceeding $50,000.

(4) A notifier who fails to comply with subsection (2) commits an offence and is 69 (1) liable to a fine not exceeding $1,000.
Director-General may issue warning If the Director-General has reasonable grounds to believe that the continued availability of a notifiable product poses a risk of harm to people, the Director- General may issue a public warning to that effect.

(2) A public warning issued under subsection (1) is protected by qualified privil- ege.
Recall If the Director-General is satisfied, on reasonable grounds, that the continued availability of a notifiable product poses an unacceptable risk to people’s safety, the Director-General may— (a) (b) issue a public statement to that effect; and by written notice, require the notifier to arrange for the recall of the product.

The notice may specify when and how the notifier must comply with the notice.
The notifier must advise the Director-General as soon as practicable when the notice has been complied with.

70 (1) (2) (3) (4) A notifier who, without reasonable excuse, fails to comply with the notice commits an offence and is liable to a fine not exceeding $400,000.

222—2/SOP No 567 45 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (5) A public statement issued under subsection (1) is protected by qualified priv- ilege.
71 (1) Director-General may suspend product notification The Director-General may suspend a product notification of a notifiable prod- uct for 1 month if— (a) (b) (c) (d) the Director-General has reasonable grounds to believe that the con- tinued availability of a notifiable product poses an unacceptable risk of harm to people; or the Director-General has reasonable grounds to believe the notifier has provided false, misleading, or incomplete information in the product notification or in response to a requirement under section 68; or the Director-General has reasonable grounds for concern because of new information about the safety of the product; or the Director-General has reasonable grounds to believe that the product contains a prohibited substance, a prohibited flavour, or a colouring sub- stance, or contains a substance that exceeds any maximum limit.
(1A) Before suspending a product notification of a notifiable product, the Director- General must give the notifier a reasonable opportunity to be heard.

(2) The Director-General may extend the period of suspension— (a) for a further month: (b) more than once.

(3) The Director-General must tell the notifier in writing of the suspension and give reasons.
(4) Before the period of suspension ends, the Director-General must— (a) decide whether to cancel or reinstate the product notification for the product; and (b) tell the notifier in writing of the decision and give reasons.

(5) A cancellation or reinstatement takes effect immediately after the end of the period of suspension.

(6) 72 (1) 46 If a product notification of a notifiable product is cancelled, the notifier must comply with section 72(3).
Cancellation of product notification The Director-General may cancel a product notification of a notifiable product without any prior suspension if— (a) the Director-General has reasonable grounds to believe that the con- tinued availability of the product poses an unacceptable risk of harm to people; or 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 (b) (c) (d) the Director-General has reasonable grounds to believe the notifier has provided false, misleading, or incomplete information in the product notification or in response to a requirement under section 68; or the Director-General has reasonable grounds for concern because of new information about the safety of the product; or the Director-General has reasonable grounds to believe that the product contains a prohibited substance, a prohibited flavour, or a colouring sub- stance, or contains a substance that exceeds any maximum limit.
(1A) Before cancelling a product notification of a notifiable product, the Director- General must give the notifier a reasonable opportunity to be heard.

(2) (3) The Director-General must tell the notifier in writing of the cancellation and give reasons.
If a product notification of a notifiable product is cancelled under this section or section 71, the notifier— (a) must ensure that the product is not sold by any person on and from the date on which the cancellation takes effect; and (b) must not complete another product notification for the product unless the Director-General is satisfied, on application by the product notifier, that— (i) (ii) the grounds for cancellation no longer apply; or any concerns of the Director-General leading to the cancellation have been addressed appropriately.
(4) A person who, without reasonable excuse, contravenes subsection (3)(a) commits an offence and is liable to a fine not exceeding $400,000.

(5) A person who, without reasonable excuse, contravenes subsection (3)(b) commits an offence and is liable to a fine not exceeding $10,000, in the case of a body corporate, or to a fine not exceeding $5,000, in any other case.
72A Appeals against decision to suspend or cancel product notification (1) (2) (3) If the Director-General decides to suspend or cancel a product notification of a notifiable product, the notifier of that product may appeal to the appeals com- mittee against the decision.

The notifier may lodge the appeal within 60 days after the Director-General’s decision or within any further period that the appeals committee may allow.
The decision being appealed continues in force unless the appeals committee orders otherwise.

(4) An appeal is by way of rehearing.

(5) On hearing the appeal, the appeals committee may— (a) confirm, reverse, or modify the decision appealed against: (b) make any other decision that the Director-General could have made.
222—2/SOP No 567 47 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (6) The appeals committee must not review any decision, or any part of a decision, not appealed against.

(7) A party may appeal to the High Court— (a) against a determination of the appeals committee on a question of law only; and (b) in accordance with the rules of court.
73 (1) (2) (3) Establishment of database and confidentiality of certain information The Director-General must establish and maintain a database for the purpose of this Part.

The database may be in any form that the Director-General thinks fit.

The Director-General must protect the confidentiality of any information that— (a) is entered by a notifier on the database; and (b) may reasonably be regarded as confidential or commercially sensitive.
73A Technical advisory committee (1) The Director-General may establish 1 or more advisory committees to advise the Director-General on the exercise and performance of the Director-General’s powers and functions under this Part.

(2) The Director-General may— (a) appoint members of the advisory committee on any terms and conditions that the Director-General thinks fit; and (b) specify terms of reference for the committee’s work.
(3) In appointing members of the advisory committee, the Director-General— (a) must take into account the need for members to collectively have know- ledge and expertise relating to— (i) (ii) (iii) the risks and benefits associated with alternative tobacco and nic- otine-delivery products; and how alternative tobacco and nicotine-delivery products are regu- lated internationally; and the manufacture, importation, and retail sale of alternative tobacco and nicotine-delivery products; and (b) may take into account any other knowledge or expertise that the Director-General considers relevant.
(4) An advisory committee may, subject to any provision in this Act, the regula- tions, and any terms of reference, determine its own procedure.

73B Appeals committee (1) An appeals committee is established to determine appeals against decisions of the Director-General to cancel or suspend a product notification.
48 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 (2) (3) (4) 74 (1) (2) (3) (4) The appeals committee must consist of 3 members, each appointed by the Min- ister on any terms and conditions that the Minister thinks fit.

The appeals committee may, subject to any provision of this Act or the regula- tions, regulate its own procedure.
In performing its functions or exercising its powers under this Act, the appeals committee must— (a) (b) act independently; and comply with the principles of natural justice.

Part 5 Regulations, enforcement, and other matters Outline Subpart 1 provides for regulations that may be made for the purposes of this Act.

Subpart 2 provides for infringement offences.

Subpart 3 relates to the appointment and powers of enforcement officers.
Subpart 4 relates to annual returns and reports that must be supplied by a manufacturers and importers of regulated products and specialist vape retailers.
Subpart 1—Regulations 75 Regulations The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: Forms, registers, and other documents (a) (b) prescribing forms, certificates, notices, leaflets, signs, particulars, and notifications, and the persons by whom and the persons to whom any of them must be supplied: prescribing records and registers for the purposes of this Act or any of its Parts, including— (i) (ii) prescribing the manner in which and the period during which any such records and registers must be kept; and prescribing the persons to whom, and the conditions on which, any such records and registers may be available for searching, inspection, and copying: Internal area (ba) prescribing criteria or a means for determining whether part of any premises or vehicle is an internal area for the purpose of paragraph (a) of the definition of internal area in section 2(1): 222—2/SOP No 567 49 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to Health messages on automatic vending machines (c) prescribing for the purposes of section 47— (i) the form, size, and content of messages to be displayed on auto- matic vending machines that dispense regulated products: (ii) the circumstances and manner in which the messages must be dis- played: Section 24 exemptions (ca) for the purposes of the exemption in section 24(1)(g), prescribing— (i) vaping products that may be displayed in retail premises or on a retailer’s Internet site and how those products may be displayed: (ii) information relating to vaping products that may be provided in retail premises or on a retailer’s Internet site and how that infor- mation may be provided: (cb) prescribing— (i) (ii) for the purposes of the exemption in section 24(1)(l), the infor- mation that manufacturers and importers may provide to retailers about the use of vaping products, heated tobacco devices, and smokeless tobacco products and how that information may be
 pro- vided: for the purposes of the exemption in section 24(1)(m), the com- munications about vaping products that may be made by specialist vape retailers to their existing customers and how those communi- cations may be made: (cc) prescribing for the purposes of the exemption in section 24(1)(a), any requirements with which a price list must comply: Section 25 exemptions (d) (e) (f) (g) prescribing for the purposes of the exemption in section 25(1)(a)(ii) (relating to retailers) requirements with which regulated product and price information under section 25(1)(a) must comply: prescribing for the purposes of the exemption in section 25(1)(b)(ii) (relating to retailers) requirements with which a regulated product avail- ability and locations notice under section 25(1)(b) must comply: prescribing for the purposes of the exemption in section 25(3)(b) (relating to vending machines) requirements with which a regulated product and price notice under section 25(3) must comply: prescribing for the purposes of the exemption in section 25(4)(c) (relating to Internet sales) requirements with which a regulated product and price information under section 25(4) must comply: 50 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 Section 26A exemptions (ga) prescribing for the purposes of section 26A(3)(c) and (d), require- ments relating to— (i) (ii) communications about vaping products that a specialist vape retailer may make to customers in their approved vaping prem- ises; and communications by a specialist vape retailer about the safe use of regulated products available for purchase in their approved vaping premises: Acceptable forms of delivery and visibility prescribing for the purposes of section 36(2) or 45(2)(b) acceptable forms of visible delivery in relation to a regulated product or package: prescribing for the purposes of section 36(3) or 45(4) ways in which a class or classes of people who
 offer regulated products for sale may allow a regulated product or package to be visible: Health information and warnings at point-of-sale and on Internet prescribing for the purposes of section 37 requirements relating to point-of-sale health information or warnings: requiring sales health information or warnings to be visible on an Inter- net site of a person who offers regulated products for Internet sale (by retail or wholesale), including— (i) (ii) prescribing information or warnings that must be made visible; and prescribing the requirements with which the information or warn- ings must comply: (h) (i) (j) (k) (l) (m) prescribing for the purposes of section 42(2)(b) requirements with which a notice for the public (to the effect that the sale of regulated products to people who are younger than 18 years is prohibited) under section 42(2) must comply: requiring purchase age information or warnings to be visible on an Inter- net site of a person who offers regulated products for Internet sale (by retail or wholesale), including— (i) (ii) prescribing information or warnings that must be made visible; and prescribing the requirements with which the information or warn- ings must comply: (n) prescribing for the purposes of section 81 the infringement fee or infringement fees payable in respect of different kinds of infringement offences: 222—2/SOP No 567 51 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to Infringement notices (o) prescribing for the purposes of section 83 (and for the purposes of the procedure in section 21 of the Summary Proceedings Act 1957 as modi- fied and applied by section 83) the form of infringement notices and reminder notices for infringement offences, and any other particulars to be contained in infringement notices and reminder notices: Constituents of regulated products (p) for the purpose of regulating harmful constituents of tobacco products or herbal smoking products,— (q) (r)
 (i) (ii) (iii) specifying what those harmful constituents are: prohibiting harmful constituents for the purposes of section 54(1)(a): prescribing limits for harmful constituents in those products or their emissions and a method of determining whether those limits have been exceeded: specifying the class or classes of regulated products to which section 55 is to apply: Annual returns and reports prescribing for the purposes of section 93 94— (i) sales-related information that manufacturers, importers, and spe- cialist vape retailers must provide in the annual return required under that section: (ii) the form and manner in which returns and reports required under that section must be prepared and filed: How certain regulated products may differ (ra) prescribing, for the purposes of section 2(2A), the way in which vap- ing products, heated tobacco devices, heated tobacco products, or any packages of vaping those products or devices that bear the same brand name may differ in the products they contain: Specialist vape retailers (rb) providing, in relation to applications for approval to be a specialist vape retailer,— (i) (ii) (iii) for the manner in which the application must be made; and requirements that must be met before approval may be given; and conditions that may be imposed by the Director-General when granting an approval or criteria that apply when imposing a condi- tion: (rc) for the purpose of section 14A(3A), prescribing matters that must be considered by the Director-General when having regard to— 52 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 (i) (ii) the geographic location of the retail premises; or the population in relation to which the retailer carries out their business: (rd) prescribing any other criteria that the Director-General must have regard to for the purpose of section 14A(3A): General matters (s) providing for any other related matters contemplated by this Act,
 neces- sary for its administration, or necessary for giving it full effect.
76 (1) Regulations under section 75 Regulations made under section 75(d), (e), (j), (k), (l), or (m) must come into force no earlier than the day that is 6 months after the date on which they are made.

(1A) Regulations made under section 75(ca), or (cb), or (cc) may (without limi- tation) prescribe different requirements for different classes of retailers.
(2) Regulations under all or any of paragraphs (d), (e), (f), (j), (k), (l), and (m) of section 75 may (without limitation) prescribe different requirements for all or any of the following: (a) (b) (c) (d) different classes of people who offer regulated products for sale: different classes of place of business: different classes of points of sale: different circumstances of the sales for which requirements are pre- scribed.
(3) Regulations under section 75(h) may (without limitation)— (a) apply to specified classes of regulated products or packages or all regu- lated products or packages: (b) (c) prescribe for different classes of people who offer regulated products for sale different acceptable forms of visible delivery of all or any of regu- lated products and packages: prescribe conditions with which 1 or more classes of people of that kind must comply before, or while, using a prescribed acceptable form of vis- ible delivery.
(4) Regulations under section 75(i) may (without limitation) do either or both of the following: (a) (b) prescribe for different classes of people who offer regulated products for sale different ways of allowing a regulated product or package to be vis- ible: prescribe conditions with which 1 or more classes of people of that kind must comply before, or while, allowing a regulated product or package to be visible in a way prescribed.
222—2/SOP No 567 53 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (5) Regulations under section 75(j) may (without limitation) prescribe require- ments relating to all or any of the following matters relating to signs under section 37: (a) the health information or warnings to be communicated by them: (b) (c) (d) (e) (f) the shape and lengths of their sides: the width, and other aspects of, the borders around their edges: the typeface or font, point size, and other aspects of the format or layout, or of the clarity, legibility, and weight, of the printing on them of the health information or warnings to be communicated by them: the minimum area that they must have for printing across: any official attribution (which may, without limitation, be or include “Ministry of Health Warning”) that they are to contain, and the way in which that attribution is to be communicated by them.
(6) Regulations under section 75(k) may (without limitation) prescribe require- ments relating to all or any of the following matters relating to the health infor- mation or warnings to be made visible under section 38: (a) the shape, and lengths, of the sides of that information or those warn- ings: (b) (c) (d) (e) the width, and other aspects, of the borders around the edges of that information or those warnings: the typeface or font, point size, and other aspects of the format or layout, or of the clarity and legibility, of all or any of the text of that information or those warnings: the minimum area of that information or those warnings: any official attribution (which may, without limitation, be or include “Ministry of Health Warning”) that that information is, or that those warnings are, to contain.
Information that must be contained in annual returns (7) Regulations made under section 75(r) may (without limitation)— (a) require the return to— (i) (ii) (iii) show the quantity of each brand, and of each variant of a brand, of regulated product sold during the previous year; and show the recommended price of each brand, and of each variant of a brand, of regulated product sold during the previous year; and show any other information about the regulated product in respect of the previous year; and (b) specify different requirements for different kinds or classes of regulated product.
54 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 77 (1) Regulations for standardised packaging (including messages and information) The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: (a) (b) (c) (d) (e) (f) prescribing for the purposes of section 49(1)(a) requirements, or options permitted, for all or any aspects of the appearance of a regulated product: prescribing for the purposes of sections 49(1)(b)(ii) and 52(1)(c), the quantity or quantities in which a regulated product must be packaged: prescribing for the purposes of section 51(1)— (i) the form, size, and content of messages and information to be dis- played with, on, or in the package for a regulated product: (ii) (iii) the photographs and pictures to be displayed as part of or in add- ition to messages about effects relating to a regulated product: the circumstances and manner in which the messages, informa- tion, photographs, and pictures must be displayed: prescribing for the purposes of section 49(2)(b) requirements, or options permitted, for the display of the brand or company name on the package for a regulated product, including the circumstances and manner in which the name is to be displayed: prescribing for the purposes of section 49(2)(c) requirements, or options permitted, for all or any other aspects of the appearance of the package for a regulated product:.
providing for any other related matters contemplated by this Act, neces- sary for its administration, or necessary for giving it full effect.
(2) Regulations under subsection (1)(a) or (e) may (without limitation) do all or any of the following: (a) (b) (c) (d) require a regulated product, or the package for a regulated product, to be a prescribed size and shape: prohibit a regulated product, or the package for a regulated product, from displaying any words or other marks unless they are permitted by section 49(2)(b) or the regulations: specify types of words or other marks that are permitted to be displayed on a regulated product or the package for a regulated product (for example, bar codes or marks used to record manufacturing information or to detect legitimate products or packages): specify requirements for the display of the permitted words or marks, including the circumstances and manner in which the words or marks are to be displayed (for example, the typeface or font, size, colour, and pos- ition of the words or marks): 222—2/SOP No 567 55 Part 1 cl 26 (e) Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill prohibit any type of feature from forming part of a regulated product or its package (for example, any feature designed to promote the product by changing the appearance of the product or package after retail sale or by making a noise or smell).
(3) (4) Regulations under subsection (1)(b)— (a) may, for example, prescribe the number of cigarettes or the weight of loose regulated product that must be contained in a package; but (b) must not prescribe a quantity that does not comply with section 49(2).
Regulations under subsection (1) may (without limitation) prescribe— (a) requirements or options for all parts of a product or a package (for example, that all surfaces of a package must be a consistent drab brown colour with a matt finish): (b) separate requirements or options for different parts of a product or a package (for example, that any plastic or other wrapping must be consis- tently transparent, uncoloured, and unmarked): (c) separate requirements or options for— (i) (ii) different classes of regulated product: the packages for different classes of regulated product.
(5) In this section, appearance includes— (a) (b) anything that may affect a person’s senses; and any aspect of design, such as shape, size, colour, texture, or material.
78 Regulations relating to notifiable products Notifiable products The Governor-General may, by Order in Council, make regulations— (a) (b) (c) (ca) (d) (e) prescribing safety requirements for regulated products that are notifiable products: specifying changes to the parts or components of a notifiable product for the purpose of the definition of significant change in section 65(2): amending the list of vaping product flavours in Part 1 or 2 of Sched- ule 2 (which lists the classes of flavours that may be contained in notifi- able products sold by any retailer): amending Part 2 of Schedule 2 (which lists the flavours and classes of flavours that must not be contained in any notifiable product): specifying requirements that apply to retailers in relation to vaping noti- fiable products that contain a flavour.
: specifying how a notifier must describe a product and its parts when notifying it.
56 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 79 (1) Regulations imposing fees The Governor-General may, by Order in Council, make regulations for all or any of the following purposes: (a) requiring the payment to the Director-General of fees— (i) (ii) (iii) by a notifier in respect of products that must be notified under Part 4; and by a notifier in connection with the performance or exercise by the Director-General of any function, power, or duty under Part 4; and by an applicant in relation to an application for approval as a spe- cialist vape retailer under Part 1; and (b) prescribing the amounts of those fees and charges or the manner in which those fees are to be calculated.
(2) Any Order in Council made under subsection (1) may authorise the Director- General to refund or waive, in whole or in part and on any conditions as may be prescribed, payment of any fee, charge, or cost payable in relation to a noti- fier or a class of notifier or a retailer or class of retailer.

(3) Any fee prescribed under this section is recoverable in any court of competent 80 (1) (2) jurisdiction as a debt due to the Crown.
Regulations imposing levies The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the levies that must be paid by a notifier under Part 4.
Levies may be prescribed on the basis of— (a) the costs of the Director-General in performing or exercising the Director-General’s functions, powers, and duties under Part 4, where the size of the portion to be met by levies under that Part is determined by the Minister; and (b) the costs of collecting the levy money.
(3) Levies may be prescribed on the basis that any actual cost that could have been, but has not been, recovered as a levy shortfall for a year may be recov- ered (along with any financing charge) over any period of up to 5 years.
(4) The regulations may— (a) (b) (c) specify the class or classes of notifiers or retailers that are required to pay a levy: specify the amount of levies, or method of calculating or ascertaining the amount of levies: include in levies, or provide for the inclusion in levies of, any shortfall in recovering the actual costs: 222—2/SOP No 567 57 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (d) (e) (f) (g) (h) (i) (j) provide for refunds of any over-recovery of the actual costs: provide for the payment and collection of levies: provide different levies for different classes of notifiers or retailers: specify the financial year or part financial year to which a levy applies, and apply that levy to that financial year or part financial year and each subsequent financial year until the levy is revoked or replaced: for the first financial year to which a levy applies, include in a levy amount or method the costs relating to establishing the database and per- forming or exercising the functions, duties, and powers of the Director- General that relate to Part 4: require payment of a levy for a financial year or part financial year, irre- spective of the fact that the regulations may be made after that financial year has commenced: provide for waivers or refunds of the whole or any part of a levy for any case or class of cases.
(5) If a person is in 2 or more classes of notifiers or retailers in respect of which different levies have been prescribed, the person must pay each of those levies (unless the regulations provide otherwise).

(6) Any levy prescribed under this section is recoverable in any court of competent jurisdiction as a debt due to the Crown.
Subpart 2—Infringement offences 81 Infringement offences In this subpart,— infringement fee,— (a) (b) (b) in relation to an infringement offence against any of sections 37(3), 38(3), 40(2), 41(2), 42(3), 43(4), 46(4), and 52(4) or section 40(2) (to the extent that it relates to regulated products other than tobacco products), means $200 an amount not exceeding $2,000 pre- scribed in regulations; and in relation to an infringement offence against sections 33(4), 39(2), and 53(3) means an amount not less than $5,000 and not exceeding $10,000 prescribed in regulations in relation to an infringement offence against any of sections 33(4), 34(5), 36(4), 39(2), 45(3), 52(4), and 53(3) or 40(2) (to the extent that it relates to tobacco products) means— (i) $1,000, in the case of a manufacturer, an importer, or a distributor; or (ii) $500 58 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 infringement offence means an offence against any of sections 33(4), 34(5), 36(4), 37(3), 38(3), 39(2), 40(2), 41(2), 42(3), 43(4), 45(3), 46(4), 52(4), and 53(3).
82 Commission of infringement offences (1) A person who is alleged to have committed an infringement offence may— (a) be proceeded against for the alleged offence by the filing of a charging document under the Criminal Procedure Act 2011; or (b) be served with an infringement notice as provided for in section 83.

(2) (3) Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.
See section 21 of the Summary Proceedings Act 1957 for the procedure that applies if an infringement notice is issued.

83 Infringement notices (1) An enforcement officer may issue an infringement notice on a person if the officer believes on reasonable grounds that the person is committing or has committed an infringement offence.
(2) An enforcement officer may deliver the infringement notice (or a copy of it) to the person alleged to have committed the infringement offence— (a) (b) by delivering it personally or by post addressed to that person’s last known place of residence or business; and regardless of whether the enforcement officer issued the infringement notice.

(3) An infringement notice (or a copy of it) sent to a person under subsection (2) is to be treated as having been served on that person when it was posted.
(4) An infringement notice must be in the prescribed form and must contain the following particulars: (a) (b) (c) (d) (e) (f) (g) such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and the amount of the infringement fee; and the address of the place at which the infringement fee may be paid; and the time within which the infringement fee must be paid; and a summary of the provisions of section 21(10) of the Summary Proceed- ings Act 1957; and a statement that the person served with the notice has a right to request a hearing; and a statement of what will happen if the person served with the notice nei- ther pays the infringement fee nor requests a hearing; and 222—2/SOP No 567 59 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (h) any other particulars that may be prescribed.
(5) If an infringement notice has been issued under this section, the procedure under section 21 of the Summary Proceedings Act 1957 may be used in respect of the offence to which the infringement notice relates and, in that case, the provisions of that section apply with all necessary modifications.

84 Payment of infringement fees All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account.
Subpart 3—Enforcement officers 85 (1) Appointment of enforcement officers The Director-General must appoint to enforce this Act people who are— (a) (b) (c) (d) employees of the Ministry of Health, a local authority under the Local Government Act 2002, or a District Health Board under the New Zea- land Public Health and Disability Act 2000; or employees or officers of some other person or body; or officers designated under section 7A of the Health Act 1956; or inspectors appointed under section 163 of the Health and Safety at Work Act 2015.
(2) A person may be appointed by name, or as the holder for the time being of a particular position.

(3) The Director-General must not appoint a person under subsection (1)(b) unless satisfied,— (a) (b) in the case of a named person, that the person is suitably qualified and trained: in the case of the holder for the time being of a particular position, that holders of the position are likely to be suitably qualified and trained.
(4) Every enforcement officer must have an instrument of appointment identifying the holder as an enforcement officer appointed under this section.

(5) The Director-General may do any or all of the following: (a) (b) (c) appoint people to enforce only some of the provisions of this Act: appoint people to exercise only some of the powers given to enforce- ment officers under this Act (enforcement powers): appoint people subject to limitations or restrictions on their exercise of enforcement powers.
(6) An instrument of appointment must state— (a) the provisions of this Act that an enforcement officer is appointed to enforce (whether all or stated provisions); and 60 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 (b) (c) enforcement powers that the enforcement officer is appointed to exercise (whether all enforcement powers or stated powers); and all limitations and restrictions on the enforcement officer’s exercise of enforcement powers.
86 Protection of people acting under authority of this Act No enforcement officer who does an act or omits to do an act when carrying out a duty, performing a function, or exercising a power conferred on that per- son by or under this Act is under any civil or criminal liability in respect of that act or omission unless the person has acted or omitted to act in bad faith or without reasonable care.
87 (1) Powers of entry and inspection This section applies to a place if— (a) (b) this Act imposes duties, restrictions, or prohibitions in respect of places of a kind to which it belongs; or there is carried out in it, regularly or from time to time, an activity in respect of which this Act imposes duties, restrictions, or prohibitions.
(2) An enforcement officer may at any reasonable time enter a place if— (a) the officer believes on reasonable grounds that it is a place to which this section applies; and (b) it is not a dwelling house or other residential accommodation.
(3) An enforcement officer who enters a place under subsection (2) may do any or all of the following things: (a) (b) (c) (d) inspect the place, including any regulated products for sale at the place: take photographs, videos, or other recordings with any device brought by the officer: take samples of the air in the place with any device that the officer brings for that purpose: if the officer believes on reasonable grounds that the place is a place where regulated products are sold from time to time,— (i) (ii) exercise the powers given by section 88: inspect any advertising or display material relating to regulated products on display in the place, or on the outside of a building containing the place.
(4) An enforcement officer exercising powers under this section may be accom- panied by a constable.

(5) Subsection (2) does not prevent an enforcement officer from entering a dwelling house or other residential accommodation— 222—2/SOP No 567 61 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (a) under authority given by or under an enactment other than this section; or (b) with the consent of an occupier.
88 Enforcement officer may require identifying information (1) An enforcement officer may at any time require information under subsec- tion (2) if the officer believes on reasonable grounds that within the previous 14 days— (a) (b) (c) regulated products have been sold to a person younger than 18 years in and from a place where regulated products are sold; or regulated products have, after they are sold, been delivered to a person younger than 18 years in and from the place where they are sold; or regulated products have been delivered to a person younger than 18 years after being sold at that place (where the regulated products were sold) or at another place.
(2) The enforcement officer may— (a) require the person that the officer believes on reasonable grounds to have sold, delivered, or arranged for the delivery of the regulated product to, while the person is at the place where the regulated product was sold, give the officer their name and address; and (b) require the person who appears to be in charge of that place, or part of that place, to give the officer— (i) (ii) the name and address of the person described in paragraph (a); or if that information is not within the person’s knowledge, the name or any other identifying information within the person’s know- ledge relating to the person described in paragraph (a).
(3) An enforcement officer who suspects that the person described in subsection (2)(a) is younger than 18 years must not require information under subsec- tion (2)(a)) unless— (a) there is no other person in the place who appears to be in charge of the place; or (b) there is another person in the place who appears to be in charge of it, but the enforcement officer suspects that person is also younger than 18 years.
(4) An enforcement officer who suspects that the person in charge of the place is younger than 18 years must not require the person to provide information under subsection (2)(b) in relation to a person who is at the place and appears to be 18 years old or older.

62 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 1 cl 26 89 Search warrant (1) An enforcement officer may apply for a search warrant in respect of any place.
(2) The enforcement officer must apply in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

(3) An issuing officer may issue a search warrant in respect of the place if satisfied that there are reasonable grounds— (a) to suspect that an offence has been, is being, or will be committed against this Act; and (b) to believe that there is evidential material in the place.

The provisions of Part 4 of the Search and Surveillance Act 2012 (except sec- tions 118 and 119) apply.
In this section, evidential material and issuing officer have the meanings given by section 3(1) of the Search and Surveillance Act 2012.
Purposes for which powers may be used The powers given by section 87 must be used only for, and only to the extent necessary for, the following purposes: (a) (b) finding out whether this Act is being complied with in and in respect of the place entered: finding out the extent to which this Act is not being complied with in or in respect of the place entered: (c) exercising the powers given by section 91.
The powers given by section 88 must be used only for, and only to the extent necessary for, the purpose of obtaining the information referred to in section 88(2).

This section does not prevent an enforcement officer from using in proceedings for an offence against this Act evidence obtained during the lawful exercise of any of the powers given by sections 87 and 88.
(4) (5) 90 (1) (2) (3) 91 Duties of enforcement officers (1) When an enforcement exercises any power under section 87 in respect of a place where there is a person in charge, the enforcement officer must— (a) (b) identify themselves as an enforcement officer to the person in charge; and if asked by the person in charge to do so, produce to the person evidence of identity, their instrument of appointment as an enforcement officer, or both.
(2) When an enforcement officer exercises any power under section 88 in respect of a person, the enforcement officer must— (a) identify themselves as an enforcement officer to the person; and 222—2/SOP No 567 63 Part 1 cl 26 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (b) if asked by the person to do so, produce to the person evidence of iden- tity, their instrument of appointment as an enforcement officer, or both.
92 Offence to obstruct enforcement officers, intentionally fail to comply with section 87, or give false and misleading information A person commits an offence, and is liable on conviction to a fine not exceed- ing $10,000, if the person— (a) (b) (c) intentionally obstructs, hinders, or resists an enforcement officer exercis- ing or attempting to exercise powers under section 87 or 88; or intentionally fails to comply with a requirement under section 87; or when required to give information by or under this Act, gives informa- tion that the person knows to be false or misleading.
93 (1) (2) Enforcement It is the Director-General’s duty to enforce this Act.

Every prosecution for an offence against this Act must be commenced by the Director-General or a person authorised by the Director-General.

(3) Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this Act ends on the date that is 12 months after the date on which the offence was committed.
Subpart 4—Annual returns and reports 94 (1) Annual reporting requirements for manufacturers, importers, and specialist vape retailers Each year a person who is a manufacturer of regulated products or an importer of regulated products must, in accordance with regulations,— (a) prepare— (i) (ii) a return showing sales-related information required by regulations in respect of the regulated products manufactured or imported by the person; and a report of the results of all tests (if any) that the person conducted during the previous year for the purposes of section 55 or 56; and (b) file the return and the report with the Director-General no later than 31 January.
(2) Each year a specialist vape retailer must, in accordance with regulations,— (a) prepare a return showing sales-related information required by regula- tions in respect of the regulated products or class of regulated products sold by the retailer; and (b) file the return with the Director-General no later than 31 January.
64 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Part 2 cl 30 (3) The Director-General— (a) must take all practicable steps to ensure that all returns and reports received under this section are publicly available on an Internet site under the Director-General’s control; and (b) may publish or make publicly available in any other way all or any part of any such return or report.
(4) A person who fails to comply with subsection (1) or (2) commits an offence and is liable,— (a) (b) in the case of a body corporate, to a fine not exceeding $10,000; or in any other case, to a fine not exceeding $5,000.
27 (1) (2) (3) Schedule amended Replace the Schedule heading with: Schedule 1 Transitional, savings, and related provisions s 3B Part 1 Provisions relating to Smoke-free Environments (Tobacco Standardised Packaging) Amendment Act 2016 In the Schedule, clause 1, replace “this schedule” with “this Part”.

In the Schedule, after clause 4, insert the Part 2 as set out in Schedule 1 of this Act.

28 New Schedule 2 inserted After the Schedule, insert as Schedule 2 the schedule set out in Schedule 2 of this Act.
Part 2 Amendments to other enactments 29 Enactments amended Amend the enactments specified in Schedule 3 as set out in that schedule.

30 (1) Amendments to Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 This section amends the Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020.
(2) Replace sections 4 and 5 with: 222—2/SOP No 567 65 Part 2 cl 30 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to 4 5 (3) (4) (5) (6) (7) (8) (9) Section 2 amended (Interpretation) In section 2, definition of enforcement officer, replace paragraph (a) with: (a) a person appointed under section 85; or Section 3A amended (Purposes of this Act) In section 3A(2), after “1”, insert “1A,”.

In the heading to section 6, after “Smoking”, insert “and vaping”.
In section 6, new section 5(3), after “smoking”, insert “or vaping”.

In the heading to section 7, after “smoking”, insert “or vaping”.

In section 7, new section 5A(2), after “smoking”, insert “or vaping”.

In the heading to section 8, after “Smoking”, insert “and vaping”.

In section 8, new section 9(5), after “smoking”, insert “or vaping”.

In section 9, new section 20B, after “smoke”, insert “and other emissions”.

(10) In section 9, new section 20B, after “smoking”, insert “or vaping”.
(11) (12) (13) (14) (15) (16) In section 9, heading to new section 20D, after “Smoking”, insert “or vaping”.

In section 9, new section 20D(1) and (2), after “smoke”, insert “or vape”.

In section 9, new section 20D(4), replace “38B to 39” with “82 to 84”.

In section 9, new section 20D(4)(a) and (b), replace “in section 38A” with “in section 81”.

In section 9, new section 20D(4)(b), delete “(although the fee is a set fee and not a maximum fee as contemplated by section 38A)”.
In section 9, new section 20E(1) and (2), after “smoking”, insert “or vaping” in each place.

(17) Repeal section 10.

(18) Replace section 11(2) with: (2) In section 2(1), definition of infringement notice, paragraph (jg), after “sec- tion”, insert “20D or”.
66 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Schedule 1 Schedule 1 New Part 2 inserted into Schedule s 27 Part 2 Provisions relating to Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 5 Interpretation In this Part, unless the context otherwise requires,— amendment Act means the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 commencement date means the date on which the amendment Act comes into force.
5A Application of section 7A to schools, early childhood education and care centres The manager of any school premises or premises to which section 7A(4) applies— (a) (b) is not required to comply with section 7A(1)(b) until the date that is 6 months after the commencement of the amendment Act; but until that date, must comply with section 7A(1)(b) (as it was immedi- ately before the commencement of the amendment Act) unless the man- ager earlier complies with section 7A(1)(b) (as amended by the amendment Act).
5AB Application for approval as specialist vape retailer Section 14A (which relates to applications for approval to be a specialist vape retailer) does not apply until the date that is 9 months after the commencement date.
5B Retailer may elect to operate as specialist vape retailer during transitional period (1) A person may, before the expiry date, elect to be a transitional specialist vape retailer if during the transitional period— (a) (b) the person sells vaping products from retail premises that are a fixed per- manent structure; and at least 50% of the person’s total sales are from the sale of vaping prod- ucts.
(2) A person who elects to be a transitional specialist vape retailer— 222—2/SOP No 567 67 Schedule 1 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to (a) must notify the Director-General of their election: (b) must, on and from the date of notifying the Director-General, operate as an approved specialist vape retailer in accordance with this Act and the regulations: (c) must maintain compliance with subclause (1) while operating as an approved specialist retailer under this clause: (d) ceases to be a transitional specialist vape retailer on the expiry date unless— (i) the person earlier withdraws their status by notifying the Director- General; or (ii) subclause (4) applies.
(2B) However, a person to whom subclause (1) applies who has not notified the Director-General of their election (if any)— (a) may, for the 2-week period after the commencement date, operate as an approved specialist vape retailer for the purposes of sections 14(1), 24(m), 26A(3)(c), 25(2), 32(4), 32(4A), 34(4), and 63(3); but is not required to comply with the requirements of sections 14(2), 14A(3) and (3B), and 94 during that period.
(b) (3) For the purposes of this clause, the retail premises of a transitional specialist vape retailer must be treated as approved vaping premises.

(4) At any time before the expiry date, the Director-General may withdraw a per- son’s status as a transitional specialist vape retailer if the Director-General has reasonable grounds to believe that the person is not complying with sub- clause (2)(b) or (c).
In this clause— (5) expiry date means the date that is 12 months after the commencement date to notify means notifying on an Internet site maintained by or on behalf of the Ministry of Health transitional period means the period of 12 months after the commencement date.
7 (1) Visibility of regulated products from place of business and vending machines The following provisions do not apply until the date that is 6 months after the commencement date: (a) (b) section 36 (which restricts the visibility of regulated products (other than vaping products) from a place of business): section 45 (which restricts the visibility of regulated products (other than vaping products) sold by automatic vending machine).
68 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Schedule 1 (2) Sections 23A and 36(1A) (as they were immediately before the commencement of the amendment Act) continue to apply in respect of tobacco products, tobacco packages, and tobacco cartons until the date that is 6 months after the commencement date.
8 Requirement that vaping substance in notifiable product must not contain colouring substance Section 66(3) (which prohibits a vaping substance or mixture of substances that is intended to be vaporised or aerosolised by a notifiable product from con- taining a colouring substance) does not apply until the date that is 6 months after the commencement date.
9 (1) Notifiable products The following provisions (which relate to the notification of vaping products, heated tobacco devices, and smokeless tobacco products) do not apply until the date that is 6 9 months after the commencement date: (a) (b) sections 60 to 62 (which require a manufacturer or an importer of a notifable evaping product or smokeless tobacco product to notify the product in accordance with Part 4 before sale in New Zealand); and section 63(2) (which restricts the flavours that may be contained in vaping notifiable products sold by retailers (other than specialist vape retailers)); and (ba) section 63(3) (which relates to the flavours that may be contained in vaping products sold by specialist vape retailers); and (c) section 73 (which requires the Director-General to establish a database for the purpose of Part 4).
(2) Sections 59 and 63(1) (which prohibit the sale of notifiable products that have not been notified) do not apply until the date that is 12 15 months after the commencement date.

10 Appeals committee Section 73B (which establishes an appeals committee) does not apply until the date that is 6 9 months after the commencement date.
11 Continued application of Smoke-free Environments Regulations 2017 to tobacco products and herbal smoking products (1) Until the effective date, the Smoke-free Environments Regulations 2017 apply, with all necessary modifications, in respect of tobacco products and herbal smoking products as if those regulations were made under subpart 1 of Part 5.
In this clause, effective date, means the date that on which the Smoke-free Environments Regulations 2017 are replaced by regulations made under sub- part 1 of Part 5.
(2) 222—2/SOP No 567 69 Schedule 2 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to Schedule 2 New Schedule 2 inserted Schedule 2 Vaping Notifiable product flavours s 28 ss 63, 66, 78 Part 1 Classes of flavours that may be contained in vaping notifiable products sold by any retailer Tobacco Menthol Mint Part 2 Prohibited flavours Flavours and classes of flavours that must not be contained in any notifiable product for all vaping products 70 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Schedule 3 Schedule 3 Enactments amended Part 1 Amendments to Acts s 29 Civil Aviation Act 1990 (1990 No 98) In the heading to section 65N, after “smoking”, insert “or vaping”.
In section 65N(1), after “smokes”, insert “or vapes”.

In section 65N(1)(a), after “smoke”, insert “or vape”.

Replace section 65N(3) with: (3) In subsection (1), to smoke and to vape have the meanings set out in section 96A(1).

In the heading to section 96A, after “smoking”, insert “or vaping”.
In section 96A(1), after the definition of to smoke, insert: to vape means to inhale using a vaping device or a heated tobacco product device, and vaping has a corresponding meaning In section 96A(4)(a) and (b), replace “smoking” with “smoking or vaping”.

In section 96A(5) and (6), replace “smoke” with “smoke or vape”.
Corrections Act 2004 (2004 No 50) In section 3(1), definition of unauthorised item, after paragraph (bb), insert: (bc) any vaping product, heated tobacco device, or smokeless tobacco prod- uct within the meaning of section 2 of the Smokefree Environments and Regulated Products Act 1990: In the heading to section 129, replace “and smoking” with “smoking, and vaping”.
In section 129(aa), after “substance”, insert “, or vapes within the meaning of section 2 of the Smokefree Environments and Regulated Products Act 1990,”.

Designs Act 1953 (1953 No 65) In section 51(2), replace “Smoke-free Environments Act 1990” with “Smokefree Environments and Regulated Products Act 1990”.

Psychoactive Substances Act 2013 (2013 No 53) In section 9(3)(h), replace “Smoke-free Environments Act 1990” with “Smokefree Environments and Regulated Products Act 1990”.
After section 9(3)(h), insert: 222—2/SOP No 567 71 Schedule 3 Smokefree Environments and Regulated Products (Vaping) Amendment Bill Proposed amendments to Psychoactive Substances Act 2013 (2013 No 53)—continued (ha) any regulated product (other than a tobacco product) within the meaning of section 2(1) of the Smokefree Environments and Regulated Products Act 1990, unless the regulated product contains a psychoactive sub- stance as defined in subsection (1) or (2): Search and Surveillance Act 2012 (2012 No 24) In the Schedule, replace the item relating to the Smoke-free Environments Act 1990 with: Act Smokefree Environments and Regulated Products Act 1990 Section s 89 Which provisions in Part 4 apply All (except sections 118 and 119) Brief description of power Enforcement officer may obtain and execute search warrant to search for evidential material in relation to suspected offence against Smokefree Environments and Regulated Products Act 1990 Summary Proceedings Act 1957 (1957 No 87) In section 2(1), definition of infringement notice, after paragraph (jf), insert: (jg) section 83 of the Smokefree Environments and Regulated Products Act 1990; or Trade Marks Act 2002 (2002 No 49) In section 17(3), replace “Smoke-free Environments Act 1990” with “Smokefree Environments and Regulated Products Act 1990”.
Part 2 Amendments to legislative instruments Civil Aviation (Offences) Regulations 2006 (SR 2006/168) In Schedule 4, under the heading “Request”, item 13, after “smoked”, insert “or vaped”.
Gambling (Prohibited Property) Regulations 2005 (SR 2005/299) Replace regulation 4(c) with: (c) a regulated product as defined in the Smokefree Environments and Regulated Products Act 1990: Medicines Regulations 1984 (SR 1984/143) After regulation 58C, insert: 72 222—2/SOP No 567 Proposed amendments to Smokefree Environments and Regulated Products (Vaping) Amendment Bill Schedule 3 Medicines Regulations 1984 (SR 1984/143)—continued 58D Non-oral products containing nicotine are medicines (1) Products containing nicotine that are not for oral use are medicines for the pur- poses of the Act.
(2) To avoid doubt, oral use includes (without limitation) inhalation.

Wellington, New Zealand: Published under the authority of the House of Representatives—2020 222—2/SOP No 567 73