Landmark legislation passed today puts New Zealand on track to saving thousands of lives and having a smokefree generation sooner rather than later, Associate Health Minister, Jenny Salesa says.

The Smokefree Environments and Regulated Products (Vaping) Amendment Bill regulates vaping products and heated tobacco devices.

“There has long been concern from many in the community, including parents, schools and health experts about vaping products and e-cigarettes being unregulated in New Zealand, something that is at odds with many other countries,” Jenny Salesa said.

“The Bill strikes a balance between helping smokers quit by offering regulated vaping as an alternative, while discouraging children and young people from taking it up.

“It has been a complex Bill to develop, but I believe we have arrived at an elegant solution. It ensures vaping products are still available to smokers who want to quit by switching to a less harmful alternative but also ensures they cannot be sold or marketed to children.

“The Bill also recognises that many smokers need support and advice to successfully move to less harmful alternatives so the Bill allows for the provision of information and advice for those wishing to switch from smoking to vaping,” Jenny Salesa said.

‘We know vaping is not without risks but it is 95 per cent less harmful than cigarette smoking. Smoking is the leading cause of preventable death and disease in this country and contributes to the death of an average 5000 New Zealanders every year.”

The Bill is the most significant change to the Smoke-free Environments Act in 30 years. lt limits generic retailers such as dairies, service stations and supermarkets to selling only tobacco, mint and menthol flavoured vaping products, but specialist vape retailers will be able to sell any flavours from their shops and websites.

“Anything this Government can do to reduce the number of smokers and steer our kids towards a smokefree Aotearoa has got to be a good thing. I am proud to have led this considered and sensible approach to a healthier Aotearoa New Zealand,” Jenny Salesa said.

The new law will come into force three months after Royal assent. Its provisions will be phased in over time:

From November 2020:

• vaping in workplaces prohibited
• advertising and sponsorship relating to vaping products prohibited
• sale of vaping products and toy vaping products to under-18s prohibited
• importation and sale of products for oral use prohibited
• manufacturers and importers must advise the Ministry of adverse reactions to vaping products

From May 2021:

• heated tobacco devices must not be on display
• schools, early childhood centres, etc. must display ‘no smoking or vaping’ notices
• vaping and smokeless tobacco products must not contain colours

From August 2021:

• new regulations expected to come into force
• retailers can apply to be specialist vape retailers
• manufacturers and importers can start notifying their products

From February 2022:

• only notified products can be sold
• manufacturers and importers must notify their products each year
• retailers must display health warnings and R18 notices.

Under the new law, regulations are required to be in place that set out in greater detail how the legislation will be implemented. These will be considered by Cabinet later this year before being publicly consulted on.

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