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Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill
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Hon Dr Ayesha Verrall
Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill
Government Bill
143—3
Contents
Key
1
Title
2
Commencement
3
Principal Act
Part 1
Amendments to principal Act
4
Section 2 amended (Interpretation)
5
Section 3A amended (Purposes of this Act)
6
New sections 3AA and 3AB inserted
3AA
Guide to this Act
3AB
Te Tiriti o Waitangi (the Treaty of Waitangi)
7
Section 4 repealed (Purposes of this Part)
8
Section 6 amended (Dedicated rooms in hospital care institutions, residential disability care institutions, and rest homes)
9
Section 14 amended (Specialist vape retailers and vaping in approved vaping premises exempt)
10
Section 14A repealed (Application for approval as specialist vape retailer)
11
Section 16 amended (Complaints to Director-General)
11A
Section 18 repealed (Prosecution of offences)
12
Section 20B repealed (Purpose of this Part)
13
New Part 1B inserted
Part 1B
Regulation of entry into smoked tobacco and vaping products markets
Subpart 1—Approval as smoked tobacco retailer
20G
Sale of smoked tobacco products other than by approved smoked tobacco retailer prohibited
20H
Application for approval as smoked tobacco retailer
20I
Grant of approval as smoked tobacco retailer
20J
Director-General may suspend approval
20K
Director-General may cancel approval
20L
Director-General to determine and publish application process
20M
Director-General must set maximum numbers of approved smoked tobacco retail premises
20N
Consultation with Māori
20O
Director-General to ensure maximum numbers of approved smoked tobacco retail premises not exceeded
Subpart 2—Approval as specialist vape retailer
20P
Application for approval as specialist vape retailer
20Q
Conditions of approval granted under
section 20P
Subpart 3—Notification obligations
20R
Obligation of person selling notifiable products
20S
Obligation of distributor in respect of smoked tobacco products
14
Section 21 repealed (Outline of this Part)
15
Section 22 repealed (Purposes of this Part)
15A
Section 24 amended (Specified publications exempt from advertising prohibition)
16
Section 25 amended (Retailers, vending machines, and Internet sellers exempt from advertising prohibition in certain circumstances)
17
Section 33 amended (Free distribution of regulated product prohibited)
18
Subpart 7 heading in Part 2 amended
19
Section 40 amended (Sale and delivery of regulated product to people younger than 18 years prohibited)
20
New sections 40A and 40B inserted
40A
Sale and delivery of smoked tobacco product to smokefree generation
40B
Supplying smoked tobacco product to smokefree generation prohibited
21
Section 41 amended (Supplying regulated product to people younger than 18 years prohibited)
22
Section 43 replaced (Point-of-sale purchase age information)
43
Point-of-sale purchase prohibition information or warnings
23
Section 44 replaced (Internet-sales purchase age information or warnings)
44
Internet purchase prohibition information or warnings
24
Section 45 amended (Court may order certain repeat offenders not to sell regulated product)
25
Section 47 replaced (Automatic vending machines must not be located where public have access)
47
Automatic vending machines must not be located in public place
26
Part 3 heading replaced
Part 3
Packaging and labelling of regulated products
27
Section 49 repealed (Purposes of this Part)
28
Section 52 amended (Messages and information required for regulated product package)
29
Section 54 amended (Restrictions on advertising, labelling, and sale of oral use products)
30
Subpart 2 of Part 3 repealed
31
New Part 3A inserted
Part 3A
Requirements for smoked tobacco products
Smoked tobacco products must be approved
57AAA
Interpretation
57A
Smoked tobacco products must be approved
57B
Application for approval for sale or import of smoked tobacco products
57C
Director-General may suspend approval or temporary approval
57D
Director-General may cancel approval or temporary approval
Constituents of smoked tobacco products
57E
Limits on constituents of smoked tobacco products
57F
Annual testing for constituents of smoked tobacco products
57G
Director-General may require testing or further testing
57H
Limits on nicotine for smoked tobacco products
32
Section 58 repealed (Purpose of this Part)
33
Section 59 repealed (Defined terms)
34
Section 65 amended (Obligations of retailers)
35
New sections 69A and 69B inserted
69A
Annual testing for constituents of notifiable products
69B
Director-General may require testing or further testing of notifiable product
36
Section 76 repealed (Appeals against decision to suspend or cancel product notification)
37
Section 77 amended (Establishment of database and confidentiality of certain information)
38
Section 79 repealed (Appeals committee)
39
Section 81 amended (Regulations)
40
New sections 82A and 82B inserted
82A
Regulations for sale and distribution of smoked tobacco products
82B
Regulations relating to requirements for smoked tobacco products
41
Section 83 amended (Regulations for standardised packaging (including messages and information))
42
Section 84 amended (Regulations relating to notifiable products)
43
Section 85 amended (Regulations imposing fees)
44
Section 86 amended (Regulations imposing levies)
45
Subpart 2 heading in Part 5 amended
46
New cross-heading above section 87 inserted
Infringement offences
47
Section 87 amended (Infringement offences)
48
New sections 90A, 90B, and cross-heading inserted
Other offence provisions
90A
Liability for action of employee
90B
Burden of proof of reasonable excuse
48A
Section 91 amended (Appointment of enforcement officers)
49
Section 94 amended (Enforcement officer may require identifying information)
50
Section 100 amended (Annual reporting requirements for manufacturers, importers, and specialist vape retailers)
51
New section 101 inserted (Record-keeping requirements for regulated products)
101
Record-keeping requirements for regulated products
52
New subparts 5 to 7 of Part 5 inserted
Subpart 5—Appeals
102
Appeals against decision to suspend or cancel product approval or notification
103
Appeals committee
Subpart 6—Direct access to information by government agencies
104
Direct access to information by government agencies
Subpart 7—Review of certain provisions of Act
105
Ministry must review certain provisions of Act
53
Schedule 1 amended
Part 2
Amendments to other enactments
Subpart 1—Amendments to Customs and Excise Act 2018
54
Principal Act
55
Section 95A amended (Prohibition on importation of tobacco and certain tobacco products)
56
Schedule 3A amended
Subpart 2—Amendments to Smokefree Environments and Regulated Products Regulations 2021
57
Principal regulations
58
Regulation 56 amended (Notice indicating availability of tobacco products)
59
Regulation 57 amended (How information about tobacco products offered for Internet sale must be provided)
60
Regulation 58 amended (Information that must be provided inside retailer’s place of business in response to request)
61
Regulation 62 replaced (Manufactured cigarettes to be tested)
62
Manufactured cigarettes to be tested
62
Regulation 63 amended (Conduct of tests of manufactured cigarettes)
63
Regulation 66 amended (Prohibited features of smokeless tobacco package)
64
Schedule 10 amended
Schedule
New Part 3 inserted into Schedule 1
Legislative history
The Parliament of New Zealand enacts as follows: