Vaping in New Zealand Rules and regulations

It is no news that vaping has gained increased popularity and acceptance especially amongst young people. Even persons that have never smoked a cigarette are buying the idea of smoking an e-cigarette, and it is only natural for the governments of different countries to establish rule and regulations as regards to vaping.  Of course, please visit New Zealand governmental websites for more info or alternatively, you can click here.

Rules and regulations have thus been established as regards vaping in New Zealand. Even though it is generally accepted that vaping is largely safer than smoking, these rules and regulations set standards for vaping in New Zealand. These rules serve as a way of streamlining smoking e-cigarettes until further findings on the safety are made.

The laws guiding the use, sale, advertisement and important of vaping products and supplies in New Zealand are The Smoke-free Environments Act 1990 (SFEA) and The Medicines Act 1981 (Medicines Act). The Medicine Act applies to vaping products because of the nicotine content. The SFEA Act is applicable to vaping products because it is categorized as a tobacco product.

These rules and regulations also apply to nicotine liquids. The importation of products is an area that could be restricted by the Ministry of Health of a country if the products are not deemed safe for the populace. Vaping products and supplies are not part of such restricted products in New Zealand. The Ministry of Health of New Zealand does not restrict the importation of vaping products and supply with or without notification.

As regards the therapeutic claims that vaping helps to stop smoking, the regulations of New Zealand state that vaping products should not be sold with such claims if the claims have not been approved by Medsafe.

Since the SFEA Act applies to vaping products, the sale and advertisement of these products to minors are restricted just like with traditional cigarettes. Thus, in New Zealand, it is illegal to sell or advertise vaping products to persons younger than 18 years. This law applies to even products without nicotine.

As regards the smoking of e-cigarettes in public spaces, the regulations on smoking in public spaces does not apply. These public spaces include schools, early childhood centres and workplaces. Thus, there is no rule from the government of New Zealand banning smoking of e-cigarettes in public spaces. However, the management of the public spaces are allowed to make restrictions they deem appropriate as regards smoking of e-cigarettes. Employers are also allowed to make the regulations that deem appropriate as regards smoking of e-cigarettes at workplaces.

Although, there is generally no rule banning the importation of e-cigarettes in New Zealand, certain laws could apply depending on the circumstance. These laws include the Hazardous Substances, the Consumer Guarantees Act 1993, the Customs and Excise Act 1996 and the New Organisms Act 1996. When in doubt, it is best to seek legal counsel as regards the sales, distribution and advertisement of e-cigarettes in a particular circumstance.

The laws that generally apply to e-cigarettes in New Zealand restrict sales based on therapeutic claims that are not supported by Medsafe as well as sales and advertisement to persons younger than 18 years.

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