Smokefree Environments and Regulated Products Act 1990

Regulated products that must be notified

65: Obligations of retailers

You could also call this:

"Rules for shops that sell vapes and tobacco in New Zealand"

If you sell products like vapes or tobacco in New Zealand, you must follow some rules. You cannot sell a product that has not been notified, which means the maker has not told the government about it. You also cannot sell a product that does not meet safety rules or has been recalled, which means it has been taken off the market because it is not safe.

You must check if a product's notification has been cancelled, suspended, or has expired for more than three months before selling it. If you sell a vaping product or smokeless tobacco product, it must not have a flavour that is not listed in Part 1 of Schedule 2, unless you are a specialist vape retailer.

As a specialist vape retailer, you can sell vaping products with any flavour, except prohibited flavours, but you must sell them from your approved store or website if the flavour is not listed. You must also follow any rules in regulations about selling vaping products or smokeless tobacco products with flavours. However, these rules do not apply to vaping products that are part of a programme to help people stop smoking.

If you break these rules without a good reason, you can be fined up to $400,000 if you are a large retailer, or $50,000 if you are not.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428690.


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"What happens to a product notification after 12 months"


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Part 4Regulated products that must be notified

65Obligations of retailers

  1. A retailer must not sell or supply a notifiable product in New Zealand—

  2. unless it has been notified in accordance with this Part; or
    1. that does not comply with product safety requirements; or
      1. for which notification has been cancelled or suspended; or
        1. whose notification has been expired for more than 3 months; or
          1. that has been recalled under section 73; or
            1. unless it complies with any applicable requirements in this Act or regulations.
              1. A retailer must not, unless subsection (3) applies, sell a vaping product or smokeless tobacco product that contains a flavour that is not listed in Part 1 of Schedule 2.

              2. A specialist vape retailer—

              3. may sell a vaping product that contains any flavour except a prohibited flavour; but
                1. if the vaping product contains a flavour that is not from a class of flavour listed in Part 1 of Schedule 2, must sell the product only from the retailer’s approved vaping premises or the retailer’s approved Internet site.
                  1. A retailer must comply with any requirements in regulations (if any) relating to the sale of vaping products or smokeless tobacco products that contain a flavour.

                  2. However, subsections (2) to (4) do not apply to vaping products that are part of a smoking cessation programme.

                  3. A person who, without reasonable excuse, contravenes subsection (1), (2), (3), or (4) commits an offence and is liable to a fine not exceeding $400,000 in the case of a large retailer, or $50,000 in any other case.

                  Notes
                  • Section 65: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                  • Section 65(1): amended, on , by section 36(1) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
                  • Section 65(1)(f): inserted, on , by section 20 of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).
                  • Section 65(2): amended, on , by section 36(2) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
                  • Section 65(4): amended, on , by section 36(3) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).