G/TBT/N/NZL/109/Add.3  
 
30 January 2023  
(23-0683) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
NOTIFICATION  
Addendum  
The following communication , dated  27 January 2023, is being circulated at the request of the 
delegation of New Zealand . 
 
_______________  
 
 
Title:  The Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 
2022 
 
Reason for Addendum:  
[ ] Comment period changed - date:   
[X] Notified measure adopted - date: 16 December 2022  
[ ] Notified measure published - date:  
[X] Notified measure enters into force - date: The Smokefree Environments and Regulated 
Products (Smoked Tobacco) Amendment Act 2022 came into force on 1 January 2023, 
and is available at 
https://www.legislation.govt.nz/act/public/2022/0079/latest/LMS708154.html  
Certain parts of the new legislation will come into effect over time. For example, only 
low nicotine cigarettes will be able to be sold from 1 April 20 25. 
[ ] Text of final measure available from1:  
[ ] Notified measure withdrawn or revoked - date:  
Relevant symbol if measure re -notified:   
[ ] Content or scope of notified measure changed  and text available from1:  
New deadline for comments (if applicable):   
[ ] Interpretive guidance issued and text available from1:  
[X] Other:  
To give effect to the amended Smokefree Act, a regulatory regime must now be 
established to oversee and monitor the import, manufacture, and sale of smoked tobacco 
products. The Ministry of Health has developed a consultation document setting out 
proposed requirements for the scheme, and these proposals are currently open for 
consultation. The consultation process involves targeted engagement with key groups, 
as well as an online consultation which can be found here 
https://consult.health.govt.nz/tobacco -control/proposals -for-the-smoked -tobacco -
regulato/consultation/  
This Addendum is to inform members of the passage of the Smokef ree Act and to provide 
an opportunity for comment on these regulatory proposals, including in relation to low -
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final /modified  measure and/or interpretive guidance can be obtained.  G/TBT/ N/NZL/109/Add.3  
 
- 2 - 
 
  nicotine requirements and testing methods, prior to the regulatory regime being 
established.  
 
Description:  The Smokefree Environments and Regulat ed Products (Smoked Tobacco) Amendment 
Act (the Act) came into force on 1 January 2023. The Act now:  
- extends the Act's regulatory powers over the composition of smoked tobacco products, such as 
nicotine levels, so that only products that meet requirement s set out in the Act and in the Smokefree 
Environments and Regulated Products Regulations 2021 (the regulations) can be manufactured, 
imported, sold or supplied in New Zealand. This is intended to make smoked tobacco products less 
addictive and appealing.  
To implement these changes a regulatory regime must be established to oversee and monitor the 
import, manufacture, sale and supply of smoked tobacco products in New Zealand. The Ministry of 
Health has developed a consultation document setting out proposed requirements for the scheme, 
and these proposals are currently open for consultation. The consultation process involves targeted 
engagement with key groups, as well as an online consultation which can be found here Proposals 
for the Smoked Tobacco Regulatory Regime - New Zealand Ministry of Health - Citizen Space . 
The Act provides that nicotine levels in the tobacco in smoked tobacco products must not exceed 
0.8mg/g. This maximum applies to each individual product and includes all sources of variability. 
The Act also requires that regulations are made to determine whether the levels have been 
exceeded, including necessary conformity as sessment procedures. Additionally, nicotine must not 
be present in any other constituent of a smoked tobacco product. These restrictions will come into 
force in April 2025.  
We propose that testing requirements include reference to analytical chemical metho ds to determine 
nicotine content, with a focus on chromatography -based technology, such as:  
- a method based on the World Health Organisation (WHO)'s SOP4 – Standard operating procedure 
for determination of nicotine in cigarette tobacco filler, 4 validated  to account for the low nicotine 
levels prescribed  
- or alternatively a Cooperation Centre for Scientific Research Relative to Tobacco (CORESTA) 
method, such as CORESTA no. 62 – Determination of Nicotine in Tobacco and Tobacco Products by 
Gas Chromatographic Analysis.5 Other suitable analytical methods, (eg, methods that test the 
nicotine content of the filler) may be possible.  
New Zealand wishes to provide an opportunity for members to provide any additional comment, 
including in relation to l ow-nicotine requirements and testing methods.  
Comments can be submitted online or sent directly to New Zealand's TBT Enquiry Point at 
wto@standards.co.nz . 
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