G/TBT/N/NZL/106  
12 August 2021  
(21-6190) 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 6104  
Phone: 64 4 496 2000  
Email: vaping@health.govt.nz  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or au thority 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 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  - HS 
38249956 Cartridges and refills, filled, for electronic cigarettes, and preparations for use 
in the cartridges and refills, containing nicotine or its salts, ethers, esters or other 
derivatives thereof - HS 38249957 Cartri dges and refills, filled, for electronic cigarettes, 
and preparations for use in the cartridges and refills, not containing nicotine or its salts, 
ethers, esters or other derivatives thereof - HS 85437070 Electronic cigarettes - HS 24 
Tobacco and manufactu red tobacco substitutes - HS 29397910 Nicotine and its salts  
5. Title, number of pages and language(s) of the notified document:  The Smokefree 
Environments and Regulated Products Regulations 2021 (the Smokefree Regulations), 83 
pages in English.  
6. Descr iption of content:  Vaping (and smokeless tobacco) products are now regulated 
under the Smokefree Environments and Regulated Products Act 1990 (the Act). The 
regulations relating to the vaping and smokeless tobacco products are contained in new 
Parts 4 to 7 . The Smokefree Regulations bring the new provisions of the Act into effect 
and set out requirements for the following areas:  
• manufacturers' price lists for tobacco products (Part 3, Subpart 2)  
• product availability notices in retail premises (Part 5, Subpart 3)  
• point of sale purchase age information (Part 5, Subpart 3)  
• authorised harm -reduction notices in retail settings (Part 5, Subpart 3)  G/TBT/N/NZL/106  
 
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  • packaging requirements (Part 4 and Part 5, Subparts 1 and 2)  
The packaging requirements are based on United Kingd om packaging requirements, 
which are based on the European Union Tobacco Products Directive.  
• product notification and safety requirements (Part 6)  
The product safety requirements are based on European Union and United Kingdom 
legislation and guidance, with  appropriate adaptations for the New Zealand  market.  
Vaping substance ingredients must comply with the United States Pharmacopeia 
or European Pharmacopoeia monograph.  
Flavours must meet food standards in the Australia New Zealand Food Standards Code 
2002.  
• annual reporting and returns (Part 7)  
• fees (Part 7).  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety  
8. Relevant documents:   
Smokefree Environments and Regulated Products Regulations 2021 
https://www.legislation.govt.nz/regulation/public/2021/0204/latest/LMS524981.html  
United States Pharmacopeia monograph https://www.uspnf.com/purchase -usp-nf 
European Pharmacopoeia monograph https://store.edqm.eu  
Australia New Zealand Food Standards Code 
https://www.foodstandards.gov.au/code/Pages/default.aspx  
The Tobacco and Regulated Products Regulations 
2016 https://www.legislation.gov.uk/uksi/2016/507/contents/made  
Tobacco Products Directive 
https://ec.europa.eu/health//site s/health/files/tobacco/docs/dir_201440_en.pdf  
9. Proposed date of adoption:  The Smokefree Regulations will largely come into force on 
11 August 2021 to enable the product notification scheme to commence. Specific 
requirements for the provision of informat ion about regulated products in retail settings 
will come into force on 11 September 2021.  
Proposed date of entry into force:  The late notification of this measure is due in part 
to the unprecedented pressures on New Zealand Government agencies as a conse quence 
of the ongoing COVID -19 response. New Zealand wishes to re -confirm its commitment to 
WTO transparency practices, and would note that draft policy proposals for these 
measures were previously published on the New Zealand Ministry of Health's website (in 
accordance with 2.9.1 of the TBT Agreement) for a comment period of seven weeks. 
Comments received through this channel were considered and taken into account in the 
development of the regulations notified here.  
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 6104  
Phone: 64 4 496 2000  
Email: vaping@health.govt.nz