New Zealand’s vaping industry is preparing for further changes as the government introduces new regulations. According to recently released cabinet papers, the focus is on reducing youth access to vaping products while maintaining their availability as a tool for smoking cessation.
Confirmed Changes – Effective 1 October 2024
The following regulations are scheduled to take effect:
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Child-resistant mechanisms: All vaping devices must include features designed to prevent access by children.
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Removable batteries: Reusable vaping devices will be required to include removable batteries to meet updated safety standards.
These measures are intended to improve safety and limit the accessibility of vaping products to young people.
Proposed Regulations – Planned for 2025
While not yet enacted, several changes are being considered for 2025 implementation:
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Ban on non-rechargeable, non-refillable products: The proposal includes a prohibition on single-use vaping products, pods, tanks, and cartridges. The ban would also apply to these items when given away as promotional material.
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Retail display restrictions: Physical and online retailers may face new rules on how vaping products are displayed. This includes restrictions on visibility from outside the premises and in areas where children may be present. These restrictions are expected to be implemented from 1 July 2025.
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Proximity limits for new shops: New vaping retailers may be restricted from operating within 300 metres of schools, early childhood centres, and marae.
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Increased penalties: Penalties for failing to comply with these regulations are set to rise significantly.
Increased Penalties for Breaches
To support enforcement, the following penalties are being introduced or increased:
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Sale of banned products: Businesses selling non-compliant vaping products without a valid reason may face fines up to $400,000 for large retailers and $50,000 for smaller businesses.
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Display rule breaches: Non-compliance with retail display rules can result in fines of up to $50,000.
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Product visibility violations: The maximum fine for displaying tobacco or vaping products where prohibited is increasing from $10,000 to $50,000.
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Infringement fees: Fixed fees of $2,000 may apply for incorrect displays or unauthorised sales.
Considerations for Retailers
Retailers are encouraged to prepare for these changes. Key areas to consider include:
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Product range adjustments: Align inventory with upcoming restrictions.
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Store layout updates: Modify displays to comply with visibility rules.
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Staff training: Ensure staff understand regulatory requirements.
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Legal review: Seek legal advice to stay informed about compliance obligations.
Puffing Kiwi will continue to track regulatory developments and share updates as further details become available.