G/TBT/N/NZL/119  
27 January 2023  
(23-0656) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  NEW ZEALAND  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Ministry of Health  
PO Box 5013  
Wellington 6140  
NEW ZEALAND  
Email: smokefree@health.govt.nz  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or author ity designated to handle comments 
regarding the notification shall be indicated if different from above:   
Standards New Zealand  
Phone: +64 4 498 5990  
Email: wto@standards.co.nz  
Website: www.standards.govt.nz   
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS nu mbers may be provided in addition, where applicable):  HS code 
8543.40.00  
5. Title, number of pages and language(s) of the notified document:  The Proposals 
for the Smoked Tobacco Regulatory Regime – Public Consultation Document - Proposals 
for the Smoked Tobacco Regulatory Regime – Public Consultation Document 
(health.govt.nz)  
The Smokefree Environments and Regulated Products (Smoked Tobacco) Amend ment Act 
2022 - Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment 
Act 2022 No 79, Public Act Contents – New Zealand Legislation  
The Smokefree Environments and Regulated Products Regulations 2021 - Smokefree 
Environments and Regulated Products Regulations 2021 (LI 2021/204) Contents – New 
Zealand Legislation  
6. Description of content:  Regulatory proposal 5 of the Smoked Tobacco Regulatory 
Regime proposes to extend vaping packaging and product restrictions, including 
restricti ng flavour names of vaping products to minimise their appeal to youth, and 
extending product safety requirements for disposable vaping products.  
Restricting flavour names  
We propose that the variant name on a vaping substance or its packaging must only be 
a description of the product's flavour, and that the flavour must be described using one G/TBT/N/NZL/119  
 
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  or more flavours from permitted segments on a prescribed e -liquid flavour wheel, a dapted 
for New Zealand from a published wheel.  
Product safety requirements  
We propose additional product safety requirements to mitigate safety concerns with single 
use vaping products, including user safety mechanisms, removable/replaceable batteries, 
substance container labelling, maximum nicotine concentrations in non -refillable products 
and serial/batch numbers.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  The objectives of the proposals in Regulatory Proposal 5  of the Smoked 
Tobacco Regulatory Regime are to limit the appeal of vaping products, particularly for 
youth, and to mitigate safety concerns with single use vaping products.  
 
; Protection of human health or safety  
8. Relevant documents:   
Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 
2022 - https://www.legislation.govt.nz/act/public/2022/0079/latest/LMS708154.html  
Propos als for the Smoked Tobacco Regulatory Regime - Public consultation document - 
Proposals for the Smoked Tobacco Regulatory Regime – Public Consultation Document 
(health.govt.nz)  
Smokefree Aotearoa 2025 Action Plan - Smokefree Aotearoa 2025 Action Plan - Auahi 
Kore Aotearoa Mahere Rautaki 2025 | Ministry of Health NZ  
9. Proposed date of adoption:  Not before July 2023  
Proposed date of entry into force:  Not before January 2024  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
Ministry of Health  
PO Box 5013  
Wellington 6140  
New Zealand  
smokefree@health.govt.nz