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Smokefree Environments and Regulated Products Act 1990

Regulation of entry into vaping products market - Approval as specialist vape retailer

20Q: Conditions of approval granted under section 20P

You could also call this:

"Rules to follow if your vaping product shop is approved"

If you get approval under section 20P, you must keep meeting the criteria and requirements outlined in section 20P(2)(a) to (c) and section 14(2). You also need to maintain a certain level of sales, known as the sales threshold, which is at least 70% or 60% of total sales from retail premises being from vaping products, depending on the circumstances. The Director-General can impose additional conditions on your approval and check if you are meeting these conditions.

The Director-General can suspend your approval if they think you are not meeting any of the conditions. They can also cancel your approval if they are sure you are not meeting any of the conditions. The sales threshold is an important condition, and it means that most of the sales from your retail premises must be from vaping products.

The Director-General has the power to make decisions about your approval, including suspending or cancelling it, if they believe you are not following the rules. You can find more information about these rules in section 20P and section 14(2), and the Director-General's decisions will be based on these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS809020.

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20P: Application for approval as specialist vape retailer, or

"How to get approval to sell vaping products from a specialist vape shop"

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Part 1BRegulation of entry into vaping products market
Approval as specialist vape retailer

20QConditions of approval granted under section 20P

  1. It is a condition of an approval granted under section 20P that—

  2. the criteria in section 20P(2)(a) to (c) and the requirements in section 14(2) continue to be complied with; and
    1. the sales threshold be maintained or, if it was not attained when approval was given, that it be maintained on and from a date specified in the approval.

      1. The Director-General may, in accordance with regulations, impose any other conditions on the approval.

      2. The Director-General may suspend an approval if the Director-General has reasonable grounds to believe that any condition of the approval is not being complied with.

      3. The Director-General may cancel an approval if the Director-General is satisfied that any condition of the approval is not being complied with.

      4. In this section, sales threshold means at least 70% or, if section 20P(2)(b)(ii) applies, 60% of total sales from the retail premises are from the sale of vaping products.

      Notes
      • Section 20Q: inserted, on , by section 14 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).