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Smokefree Environments and Regulated Products Act 1990

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

37: Regulated product must not be visible from place of business

You could also call this:

"Hide regulated products from public view in your shop"

If you sell regulated products, you must not let people see them from outside your shop. You also must not let people see them from areas inside your shop that the public can enter. If you are delivering regulated products, they can be visible, but only if it is necessary for delivery and if you follow the rules made under section 81(1)(13). There are some exceptions to this rule, such as if you have a special exemption or if you are a specialist vape retailer, but even then, you must follow specific rules, like not displaying vaping products so they can be seen from outside your shop. If you break these rules without a good reason, you can get a fine of up to $50,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428461.

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"No rewards for buying or selling certain products"

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

37Regulated product must not be visible from place of business

  1. A person who offers a regulated product for sale (whether by retail or wholesale) must not allow any part of the regulated product or its package—

  2. to be visible from outside the person's place of business; or
    1. to be visible from an area inside the person's place of business to which members of the public are allowed access.

      1. Subsection (1) does not apply to a regulated product or package that is being delivered if—

      2. the product or package is visible only to the extent that is necessary for it to be delivered—
        1. to the person at the place; or
          1. to its purchaser at or from the place; and
          2. the form of its delivery complies with any regulations made under section 81(1)(13) that are in force.

            1. Subsection (1) does not apply to a regulated product or package that is visible in a way that complies with any relevant temporary transitional exemption regulations in force under section 81(1)(14).

            2. Subsection (1) does not apply to a specialist vape retailer in relation to a vaping product.

            3. A specialist vape retailer must not display a vaping product or its packaging in a way that makes it visible from outside their place of business.

            4. A person who, without reasonable excuse, contravenes subsection (1) or (3B) commits an offence and is liable to a fine not exceeding $50,000.

            Notes
            • Section 37: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
            • Section 37 heading: amended, on , by section 15(1) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
            • Section 37(1): amended, on , by section 15(2) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
            • Section 37(2)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
            • Section 37(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
            • Section 37(3A): inserted, on , by section 15(3) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
            • Section 37(3B): inserted, on , by section 15(3) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
            • Section 37(4): replaced, on , by section 15(4) of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).