Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill

  • enacted

Hon Dr Ayesha Verrall

Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill

Government Bill

143—3

Contents

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7Section 4 repealed (Purposes of this Part)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10Section 14A repealed (Application for approval as specialist vape retailer)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11ASection 18 repealed (Prosecution of offences)
12Section 20B repealed (Purpose of this Part)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14Section 21 repealed (Outline of this Part)
15Section 22 repealed (Purposes of this Part)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

The Parliament of New Zealand enacts as follows: