Smokefree Environments and Regulated Products Act 1990

Restrictions on advertising, promotion, sale, and distribution of regulated products - Restrictions on advertising of regulated products and related communications

27: Prohibited oral communications

You could also call this:

"Don't promote smoking or vaping products to customers in your shop"

If you are a retailer, you must not talk to customers in your shop about regulated products in a way that encourages them to use these products. You also cannot tell customers that these products are available or try to sell them. Additionally, you cannot promote smoking or vaping behaviour when talking to customers. If you break this rule without a good reason, you can get a fine. The amount of the fine depends on the type of product and the size of your shop. There are some exceptions to this rule, such as when you are answering a customer's question about a product or helping someone to switch from smoking to a less harmful product.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428440.


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28: Defined terms in this subpart, or

"What special words mean in this part of the law"

Part 2Restrictions on advertising, promotion, sale, and distribution of regulated products
Restrictions on advertising of regulated products and related communications

27Prohibited oral communications

  1. A retailer must not make any oral communication to any customer within their retail premises that has the effect of—

  2. encouraging the use of a regulated product:
    1. notifying the availability of a regulated product:
      1. promoting the sale of a regulated product:
        1. promoting smoking or vaping behaviour.
          1. A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable,—

          2. in the case of a large retailer,—
            1. to a fine not exceeding $200,000; but
              1. if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and
              2. in any other case,—
                1. to a fine not exceeding $50,000; but
                  1. if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000.
                  2. Subsection (1) does not apply to—

                  3. communications made in response to a product request that do no more than identify the regulated products available for purchase in that place and indicate their price:
                    1. communications encouraging smokers to switch to a product that is less harmful than smoking:
                      1. communications about vaping products made, in accordance with any regulations, by specialist vape retailers to customers in their approved vaping premises:
                        1. information provided, in accordance with any regulations, by a specialist vape retailer relating to the safe use of regulated products available for purchase in their approved vaping premises:
                          1. communications made by a retailer who is a suitably qualified health worker for the purpose of supporting customers to switch from smoking to vaping.
                            Notes
                            • Section 27: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).