Part 4Regulated products that must be notified
65Obligations of retailers
A retailer must not sell or supply a notifiable product in New Zealand—
- unless it has been notified in accordance with this Part; or
- that does not comply with product safety requirements; or
- for which notification has been cancelled or suspended; or
- whose notification has been expired for more than 3 months; or
- that has been recalled under section 73; or
- unless it complies with any applicable requirements in this Act or regulations.
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.
A specialist vape retailer—
- may sell a vaping product that contains any flavour except a prohibited flavour; but
- 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.
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.
However, subsections (2) to (4) do not apply to vaping products that are part of a smoking cessation programme.
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).