Smokefree Environments and Regulated Products Regulations 2021 (LI 2021/204)

Regulation 3 activate: inserted, on 21 September 2023, by regulation 4 of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201).

Regulation 3 areas of community interest: inserted, on 21 September 2023, by regulation 4 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201).

Regulation 3 battery: inserted, on 21 September 2023, by regulation 4 of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201).

Regulation 3 child safety mechanism: inserted, on 21 September 2023, by regulation 4 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201).

Regulation 3 deactivate: inserted, on 21 September 2023, by regulation 4 of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201).

Regulation 3 IEC: inserted, on 21 September 2023, by regulation 4 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201).

Regulation 3 ISO: inserted, on 21 September 2023, by regulation 4 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201).

Regulation 3 NZBN: inserted, on 21 September 2023, by regulation 4 of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201).

Regulation 3 refilling: inserted, on 21 September 2023, by regulation 4 of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201).

Regulation 3 removable battery: inserted, on 21 September 2023, by regulation 4 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201).

Regulation 3 reusable vaping device: inserted, on 21 September 2023, by regulation 4 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201).

Regulation 3 single-use vaping device: inserted, on 21 September 2023, by regulation 4 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201). 4 Labels, stickers, and wrappers (1) A label or sticker that is securely attached to a pack or a carton is, unless these regulations provide otherwise, part of the pack or carton. (2) A wrapper that contains a single package and is normally removed from the package when the package is opened is not part of the package. Compare: LI 2017/123 r 4 5 Shapes and areas For the purposes of these regulations,— (a) in determining the shape of, or the surface area of any part of, a pack‐ age,— (i) the package must be considered when it is closed; and 10 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 1 r 8 (ii) all edges, gaps, and openings that appear when it is opened must be disregarded: (b) a face of a package— (i) has a portrait orientation if, when the largest brand name on the face is horizontal, the longest edge of the face is vertical: (ii) has a landscape orientation if, when the largest brand name on the face is horizontal, the longest edge of the face is horizontal. Compare: LI 2017/123 r 5 6 Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms. 7 Overview of these regulations (1) The following is an overview of these regulations: (a) Part 1 provides for messages to be displayed on tobacco packages (except smokeless tobacco packages): (b) Part 2 specifies requirements for the purposes of standardising tobacco products and tobacco packages (except smokeless tobacco products and packages): (c) Part 3 relates to information about tobacco products provided by retailers and manufacturers, and the testing of manufactured cigarettes: (d) Part 4 specifies requirements that apply to smokeless tobacco products only: (e) Part 5 specifies requirements that apply to vaping products only: (f) Part 6 specifies information that a notifier must provide when notifying a product and specifies product safety requirements: (g) Part 7 relates to general matters. (2) This regulation is intended only as a guide to the general scheme and effect of these regulations. Part 1 Message required to be displayed on tobacco packages except smokeless tobacco packages 8 Application of this Part This Part applies to tobacco packages other than smokeless tobacco packages. 11 Smokefree Environments and Regulated Products Version as at Part 1 r 9 Regulations 2021 20 March 2024 Subpart 1—Content of message Cigarette packs and cartons 9 Message to be displayed on cigarette packs and cartons (1) A cigarette pack or carton must display a message relating to the harmful effects of using the tobacco product. (2) The message must be an item set out in Part 1 of Schedule 2. (3) The message comprises— (a) a first warning to be displayed on the front face in English and on the back face in English and te reo Māori; and (b) a second warning to be displayed on one side; and (c) an explanatory note followed by a you can quit statement to be displayed on the back face; and (d) a graphic to be displayed on the front face and back face. (4) The message must be displayed in accordance with— (a) the specifications and layout for that tobacco package as described in— (i) item 1 of Part 1 of Schedule 3 for cigarette packs; or (ii) item 2 or 3 (as applicable) of Part 1 of Schedule 3 for cigarette cartons; and (b) the requirements of this Part. Compare: LI 2017/123 r 8 Loose tobacco 10 Message to be displayed on packages of loose tobacco (1) A tobacco package containing loose tobacco must display a message relating to the harmful effects of using the tobacco product. (2) The message must be an item set out in Part 1 of Schedule 2. (3) The message comprises— (a) a first warning to be displayed on the front face in English and on the back face in English and te reo Māori; and (b) a second warning to be displayed on the inside flap; and (c) an explanatory note followed by a you can quit statement to be displayed on the back face; and (d) a graphic to be displayed on the front face and back face. (4) The message must be displayed in accordance with— (a) the specifications and layout for that tobacco package as described in item 1 of Part 2 of Schedule 3; and 12 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 1 r 12 (b) the requirements of this Part. Compare: LI 2017/123 r 9 Pipe tobacco 11 Message to be displayed on packages of pipe tobacco (1) A tobacco package containing pipe tobacco must display a message relating to the harmful effects of using the tobacco product. (2) The message must be an item set out in Part 1 of Schedule 2. (3) The message comprises— (a) a first warning to be displayed on the front face in English and on the back face in English and te reo Māori; and (b) a second warning to be displayed on the outer surface of the base of the package; and (c) an explanatory note followed by a you can quit statement to be displayed on the back face; and (d) a graphic to be displayed on the front face and back face. (4) The message must be displayed in accordance with— (a) the specifications and layout for that tobacco package as described in Part 3 of Schedule 3; and (b) the requirements of this Part. Compare: LI 2017/123 r 10 Cigars 12 Message to be displayed on cigar packages (other than cigar tubes) (1) A cigar package other than a cigar tube must display a message relating to the harmful effects of using the tobacco product. (2) The message must be an item set out in Part 2 of Schedule 2. (3) The message comprises— (a) a warning to be displayed on the front face in English and te reo Māori and on the back face in English; and (b) an explanatory note to be displayed on the back face; and (c) a graphic to be displayed on the front face. (4) The message must be displayed in accordance with— (a) the specifications and layout described in any of items 1 to 6 of Part 4 of Schedule 3 that apply to the cigar package; and (b) the requirements of this Part. Compare: LI 2017/123 r 11 13 Smokefree Environments and Regulated Products Version as at Part 1 r 13 Regulations 2021 20 March 2024 13 Message to be displayed on cigar tubes (1) A cigar tube must display a message relating to the harmful effects of using the tobacco product. (2) The message must be an item set out in Part 2 of Schedule 2, but does not include an explanatory note or a graphic. (3) The message comprises a warning in English and te reo Māori. (4) The message must be displayed in accordance with— (a) the specifications described in item 7 of Part 4 of Schedule 3; and (b) the requirements of this Part. Compare: LI 2017/123 r 12 Other tobacco products 14 Message to be displayed on tobacco packages containing other tobacco products (1) A tobacco package containing a tobacco product other than a cigarette, a cigar, or loose or pipe tobacco must display a message relating to the harmful effects of using the tobacco product. (2) The message must be an item set out in Part 1 of Schedule 2. (3) The message comprises— (a) a warning to be displayed on the front face in English and on the back face in English and te reo Māori; and (b) a second warning to be displayed (as applicable) on the side, inside flap, or outer surface of the base of the package; and (c) an explanatory note followed by a you can quit statement to be displayed on the back face; and (d) a graphic to be displayed on the front face and back face. (4) The message must be displayed in accordance with— (a) the specifications and layout described in one of the following items that best reflects the shape of the tobacco package: (i) item 1 of Part 1 of Schedule 3: (ii) item 1 of Part 2 of Schedule 3: (iii) item 1 or 2 of Part 3 of Schedule 3; and (b) the requirements of this Part. (5) If item 1 of Part 1 of Schedule 3 best describes the shape of the tobacco package, the definition of sides in regulation 3 applies to the tobacco package with all necessary modifications. Compare: LI 2017/123 r 13 14 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 1 r 18 Subpart 2—Display of required message on tobacco packages containing tobacco products other than cigars 15 Application of this subpart This subpart applies to tobacco packages containing tobacco products other than cigars. 16 How first warning must be displayed (1) This regulation applies to the first warning that must be displayed on— (a) the front face of a tobacco package in English; and (b) the back face of that package in English and te reo Māori. (2) The warning on the front face must— (a) be in bold type in black letters on a yellow background; and (b) be in standardised type; and (c) if required, be within a black rectangular border (up to 0.3 mm wide) to prevent printing colour bleeds. (3) The warning on the back face must,— (a) for the English element of the warning,— (i) be in bold type in black letters on a yellow background; and (ii) comprise the top 50% of the warning; and (b) for the te reo Māori element of the warning,— (i) be in bold type in white letters on a black background; and (ii) comprise the bottom 50% of the warning; and (c) be in standardised type, except that the English element of the warning and the te reo Māori element of the warning may each be of a different point size. Compare: LI 2017/123 r 15 17 How second warning must be displayed The second warning that must be displayed on one side, the inside flap, or the base of a tobacco package must be— (a) in black letters on a yellow background; and (b) in standardised type, except that the word “WARNING” may have a different point size from the rest of the text. Compare: LI 2017/123 r 16 18 Explanatory note The explanatory note that must be displayed on the back face of a tobacco package must— 15 Smokefree Environments and Regulated Products Version as at Part 1 r 19 Regulations 2021 20 March 2024 (a) be in black letters on a yellow background, except for the Quitline logo and the sentence referred to in paragraph (b); and (b) for the sentence “For support to quit call 0800 778 778 or visit www.quit.org.nz”, be in black letters on a white background; and (c) be in standardised type, except for the Quitline logo. Compare: LI 2017/123 r 17 19 You can quit statement The you can quit statement that must be displayed (after the explanatory note) on the back face of a tobacco package must— (a) be in Pantone Cool Gray 2C letters on a matt Pantone 448C background; and (b) be in standardised type. Compare: LI 2017/123 r 18 Subpart 3—Display of required message on cigar packages 20 Warning on front face The warning in English and te reo Māori that must be displayed on the front face of a cigar package must— (a) be in bold type in black letters on a yellow background for the English element of the warning; and (b) be in bold type in white letters on a black background for the te reo Māori element of the warning; and (c) be in Lucida Sans typeface; and (d) be in standardised type; and (e) if required, be within a black rectangular border (up to 0.3 mm wide) to prevent printing colour bleeds. Compare: LI 2017/123 r 19 21 Warning on back face The warning that must be displayed on the back face of a cigar package, other than a cigar tube, must— (a) be in bold type in black letters on a yellow background; and (b) be in Lucida Sans typeface; and (c) be in standardised type. Compare: LI 2017/123 r 20 22 Explanatory note The explanatory note that must be displayed on the back face of a cigar package, other than a cigar tube, must— 16 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 1 r 25 (a) be in black letters on a yellow background, except for the Quitline logo and the sentence referred to in paragraph (b); and (b) for the sentence “For support to quit call 0800 778 778 or visit www.quit.org.nz”, be in black letters on a white background; and (c) be in Lucida Sans typeface; and (d) be in standardised type, except for the Quitline logo. Compare: LI 2017/123 r 21 Subpart 4—Other requirements relating to display of required message on tobacco packages 23 Text of required message must match case The text of any part of a required message displayed on a tobacco package must, unless these regulations provide otherwise, match the upper-case and lower-case letters of the corresponding text set out in Schedule 2. Compare: LI 2017/123 r 22 24 Graphic must not be distorted except in certain circumstances (1) A graphic that is part of a required message must not be distorted except as permitted by subclause (2) or (3). (2) A graphic may be cropped if— (a) it is necessary to do so to fit the graphic onto the package; and (b) the overall effect of the graphic is not affected by the cropping. (3) If a graphic contains an overlay of a message in text, the overlay may be placed in a different position only if— (a) the overlay is completely contained within the graphic; and (b) the overall effect of the graphic is not affected by the new position of the overlay. Compare: LI 2017/123 r 23 25 Required message must remain readable when package opened in normal way (1) A required message on a tobacco package or any part of a required message must not be likely to be obliterated, removed, or rendered permanently unread‐ able when the package is opened in the normal way. (2) This regulation does not apply to cartons. Compare: LI 2017/123 r 24 17 Smokefree Environments and Regulated Products Version as at Part 1 r 26 Regulations 2021 20 March 2024 26 Display of required message on adhesive labels for tobacco packages containing tobacco products other than cigarettes (1) This regulation applies to a tobacco package containing a tobacco product other than cigarettes. (2) A tobacco package may have 1 or more adhesive labels affixed to it to display a required message or part of a required message. (3) The adhesive label must be— (a) affixed to the surface of the package on which the required message or part of the required message must be displayed; and (b) fastened firmly to the package so as not to be easily removable without significant destruction of the package. Compare: LI 2017/123 r 25 Subpart 5—Rotation of required messages Tobacco products other than cigars 27 Rotation of required messages on packages containing tobacco products other than cigars (1) This regulation applies to a person who— (a) manufactures tobacco packages for tobacco products other than cigars; or (b) imports those tobacco packages; or (c) packages, or arranges for the packaging of, those tobacco products. (2) A person to whom this regulation applies must, in relation to the specified periods,— (a) print the relevant required messages on the tobacco packages (or ensure that they are printed on the tobacco packages); and (b) ensure that, during those specified periods, each relevant required mes‐ sage appears as nearly as possible on an equal number of tobacco pack‐ ages of each different brand of the tobacco product (for example, each different brand of cigarettes or loose tobacco). (3) The relevant required messages and specified periods are— (a) the required messages set out in items 1 to 7 of Part 1 of Schedule 2 for the period of 16 months beginning on 1 February 2022 or any later even-numbered year: (b) the required messages set out in items 8 to 14 of Part 1 of Schedule 2 for— (i) the period beginning on 11 August 2021 and ending on 31 May 2022: 18 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 1 r 29 (ii) the period of 16 months beginning on 1 February 2023 or any later odd-numbered year. (4) For the purposes of subclause (2)(b), tobacco products (for example, cigarettes) are of a different brand if— (a) they are sold under different brand names; or (b) they are sold under the same brand name, but differ in 1 or more of the following ways: (i) containing or not containing menthol: (ii) being otherwise differently flavoured: (iii) producing different quantities of tar: (iv) having or not having filter tips or cork tips: (v) being sold in tobacco packages containing different numbers of pieces: (vi) being of different length or mass. Compare: LI 2017/123 r 26 28 Changeover of required messages: tobacco packages containing tobacco products other than cigars (1) In the period of 4 months beginning on 1 February in 2022 or any later year, a tobacco package containing a tobacco product other than cigars may display the required message set out in any of items 1 to 14 of Part 1 of Schedule 2. (2) However, the requirements of regulation 27 must still be satisfied for each period to which it applies. Compare: LI 2017/123 r 27 Cigars 29 Rotation of required messages on cigar packages (1) This regulation applies to a person who— (a) manufactures tobacco packages for cigars; or (b) imports those tobacco packages; or (c) packages, or arranges for the packaging of, cigars. (2) A person to whom this regulation applies must, in relation to each 12-month period beginning on 1 March in any year,— (a) print the required messages set out in items 1 to 5 of Part 2 of Schedule 2 on the tobacco packages (or ensure that they are printed on the tobacco packages); and (b) ensure that, during that 12-month period, each required message appears as nearly as possible on an equal number of tobacco packages of each different brand of cigars. 19 Smokefree Environments and Regulated Products Version as at Part 2 r 30 Regulations 2021 20 March 2024 (3) For the purposes of subclause (2)(b), cigars are of a different brand if— (a) they are sold under different brand names; or (b) they are sold under the same brand name, but differ in 1 or more of the following ways: (i) being differently flavoured: (ii) being sold in tobacco packages containing different numbers of pieces: (iii) being of different length or mass. Compare: LI 2017/123 r 28 Part 2 Standardisation requirements for tobacco products except smokeless tobacco products 30 Application of this Part This Part applies to tobacco products other than smokeless tobacco products. Subpart 1—Colour and smell of tobacco 31 Colour of tobacco The colour of tobacco in a tobacco product must be the natural colour of dried tobacco. Compare: LI 2017/123 r 29 32 Smell of tobacco A tobacco product may smell only of manufactured tobacco or menthol.

Regulation 32: replaced, on 21 September 2023, by regulation 5 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201). Subpart 2—Text and other markings that may appear on tobacco packages 33 Text or alphanumeric marking on tobacco packages (1) Any text or alphanumeric marking on a tobacco package must, unless these regulations provide otherwise,— (a) be coloured Pantone Cool Gray 2C: (b) be in Lucida Sans typeface using a normal weighted regular font: (c) use only the following characters and symbols: (i) the lower-case letters of the English alphabet, except as provided in subclause (2); and 20 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 2 r 35 (ii) the numerals 0 to 9; and (iii) the ampersand symbol (&); and (iv) the at symbol (@), but only if the symbol is used in an email address. (2) Despite subclause (1)(c)(i), an upper-case letter may be used— (a) if the letter is the initial letter of a proper noun or the initial letter of a sentence; and (b) up to 3 times in a brand name. Compare: LI 2017/123 r 31 34 Brand name and variant name (1) A brand name may be displayed on a tobacco package if it— (a) appears,— (i) if the package contains loose or pipe tobacco or is a cigar package (other than a cigar tube), only on the front and back surface of the package; or (ii) if the package is a cigar tube, only on the front surface of the tube; or (iii) if the package contains any other tobacco product, only on the front surface and the 2 smallest surfaces of the package; and (b) takes up only 1 line on each surface on which it appears; and (c) appears below, and in the same orientation as, any part of a required message on that surface; and (d) is no longer than 50 mm; and (e) does not obscure any part of a required message on that surface; and (f) is no larger than 14 pt font size. (2) A variant name may be displayed on a tobacco package if it— (a) appears below a brand name; and (b) is no longer than 35 mm; and (c) is no larger than 10 pt font size; and (d) complies with subclause (1)(a) to (c) and (e). Compare: LI 2017/123 r 32 35 Company name A company name may be displayed on a tobacco package if it— (a) is displayed on a surface of the package that does not display the part of the required message known as the second warning; and (b) is in Lucida Sans typeface; and 21 Smokefree Environments and Regulated Products Version as at Part 2 r 36 Regulations 2021 20 March 2024 (c) is no larger than 10 pt font size. Compare: LI 2017/123 r 33 36 Bar code A bar code may be displayed once on a tobacco package. The bar code must— (a) appear on a surface of the package that does not display a part of a required message; and (b) be rectangular; and (c) be coloured black on a white background. Compare: LI 2017/123 r 34 37 Details of manufacturer or importer (1) Any or all of the following details may be displayed on a tobacco package in accordance with subclause (2): (a) the name, address, email address, or telephone number of the manufac‐ turer or the importer: (b) the country of manufacture: (c) the country of the importer: (d) an alphanumeric code used to distinguish the origin of the tobacco product. (2) The details must— (a) appear on the back surface or surface on which there is a bar code; and (b) appear in the same orientation as any other text on that surface; and (c) be no larger than 10 pt font size. Compare: LI 2017/123 r 35 Subpart 3—Wrapper and outer surface of tobacco packages 38 Tobacco package wrapper (1) A tobacco package may have a wrapper. (2) The wrapper must be transparent and must not be coloured, marked, textured, or embellished in any way. (3) Subclause (2) does not apply to a tear strip described in regulation 39. (4) If the wrapper covers more than 1 individually wrapped item,— (a) it may have a rectangular bar code that is coloured black on a white background; and (b) it may be marked with a matt Pantone 448C rectangle to conceal the bar code of each individually wrapped item, but the size of the rectangle 22 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 2 r 42 must be no larger than is necessary to conceal the bar code of each individually wrapped item. Compare: LI 2017/123 r 36 39 Tear strip of tobacco package wrapper The tear strip of a wrapper of a tobacco package must— (a) be no more than 3 mm wide: (b) be transparent or partially or fully coloured matt Pantone 448C: (c) if it is the tear strip of a wrapper of a pack of cigarettes, be located at the bottom edge of the lid: (d) not obscure any part of a required message. Compare: LI 2017/123 r 37 40 Outer surfaces of tobacco package The outer surfaces of a tobacco package (other than the wrapper) must have only matt Pantone 448C as a background colour. Compare: LI 2017/123 r 38 Subpart 4—Prohibited features 41 Tobacco package must not have scent or noise making feature to promote tobacco product (1) A tobacco package must not— (a) have or make any scent that could have the effect of promoting a tobacco product: (b) contain any feature designed to bring about any noise that could have the effect of promoting a tobacco product. (2) Subclause (1)(a) does not prohibit any smell that is normally associated with a tobacco package. Compare: LI 2017/123 r 39 42 Tobacco package must not have feature designed to alter package after sale (1) A tobacco package must not have any feature that is designed to alter the appearance of the package after sale. (2) A feature described in subclause (1) includes, without limitation, any of the following: (a) heat-activated inks: (b) inks or embellishments designed to appear gradually over time: (c) inks that appear fluorescent in certain light: (d) panels designed to be scratched or rubbed to reveal an image or text: 23 Smokefree Environments and Regulated Products Version as at Part 2 r 43 Regulations 2021 20 March 2024 (e) removable tabs: (f) fold-out panels. Compare: LI 2017/123 r 40 43 Tobacco package must not contain inserts A tobacco package must not contain any inserts. Compare: LI 2017/123 r 41 Subpart 5—Individual cigarettes 44 Dimensions and features of cigarette (1) A cigarette must— (a) be cylindrical with flat ends; and (b) be no less than 7 mm and no more than 9 mm in diameter; and (c) be no longer than 95 mm; and (d) have enclosing paper that is coloured plain white. (2) The filter tip (if any) of a cigarette must— (a) be made of white material; and (b) be coloured plain white or imitation cork on the outside; and (c) not contain printing or embellishment of any kind. Compare: LI 2017/123 r 42 45 Printed code on cigarette (1) A cigarette may have a printed code for the purposes of tracking and tracing tobacco products. (2) The printed code must— (a) appear horizontally across the cigarette in 1 line; and (b) appear— (i) within 10 mm of the filter of the cigarette; or (ii) on one end of the cigarette if the cigarette has no filter; and (c) be coloured matt Pantone 448C; and (d) be in Lucida Sans typeface that is no larger than 8 pt font size; and (e) use only the characters and symbols described in regulation 33(1)(c); and (f) convey no other information to the consumer. Compare: LI 2017/123 r 43 24 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 2 r 48 Subpart 6—Cigarette packs and cartons Cigarette packs 46 Number of cigarettes in pack (1) A pack of cigarettes must contain only 20 or 25 cigarettes. (2) A statement of the number of cigarettes in a pack— (a) may appear on any surface of the pack on which there is a brand name; and (b) must appear in the same orientation as any other text on that surface; and (c) must be no larger than 10 pt font size. (3) In this regulation only, cigarettes includes cigarillos. Compare: LI 2017/123 r 44 47 Dimensions and features of pack of cigarettes (1) A pack of cigarettes must be— (a) rectangular in shape; and (b) no less than 85 mm and no more than 98 mm high; and (c) no less than 55 mm and no more than 72 mm wide; and (d) no less than 20 mm and no more than 30 mm deep. (2) A pack of cigarettes must be made of rigid cardboard and be constructed so that— (a) each surface— (i) is flat with no irregularities; and (ii) meets the adjoining surface with rigid straight edges; and (b) it opens and closes only by way of a straight-edged flip-top lid that is hinged at the back of the pack. Compare: LI 2017/123 r 45 48 How pack of cigarettes may be lined A pack of cigarettes may be lined. The lining must— (a) be made of silver foil that is no more than 0.5 mm thick; and (b) be coloured white on the inner side; and (c) not be textured; and (d) be fixed to the inside of the pack and not easily detachable. Compare: LI 2017/123 r 46 25 Smokefree Environments and Regulated Products Version as at Part 2 r 49 Regulations 2021 20 March 2024 Cigarette cartons 49 Number of packs in carton of cigarettes A carton of cigarettes must hold no more than 10 packs of cigarettes. Compare: LI 2017/123 r 47 50 Carton may have serrations A carton of cigarettes may have serrations at the opening edges of the carton. Compare: LI 2017/123 r 48 Subpart 7—Loose and pipe tobacco 51 Weight of loose or pipe tobacco in package (1) A tobacco package containing loose or pipe tobacco must contain only 30 g or 50 g of manufactured tobacco. (2) A statement of the weight of loose or pipe tobacco— (a) may be displayed on any surface of the pack on which there is a brand name; and (b) must be in the same orientation as any other text on that surface; and (c) must be no larger than 10 pt font size. Compare: LI 2017/123 r 49 52 Dimensions and features of loose tobacco package A tobacco package containing loose tobacco must conform to the following requirements: (a) it must be a rectangular pouch made from soft plastic: (b) each surface must be flat with no irregularities: (c) its lining (if any) must— (i) be transparent and not coloured; and (ii) be made of plastic: (d) its opening flaps must be sealed by a resealable transparent tab. Compare: LI 2017/123 r 50 53 Tobacco package containing pipe tobacco A tobacco package that contains pipe tobacco may be made of tin. Compare: LI 2017/123 r 51 Subpart 8—Cigars 54 How cigars may be sold Cigars may be sold only— 26 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 3 r 56 (a) in a cigar tube containing a single cigar; or (b) in a pack, carton, or bag containing 1 or more cigars. Compare: LI 2017/123 r 52 55 Bands on cigars (1) A single band may be displayed around the circumference of a cigar. (2) The band must be coloured matt Pantone 448C. (3) The band may be an adhesive band that— (a) completely covers another band or bands; and (b) is fastened firmly to, and not easily removable from, the band or bands that it covers. (4) Any or all of the following marks may be displayed once on the band: (a) the brand name of the cigar: (b) the variant name of the cigar: (c) the name of the country of manufacture: (d) an alphanumeric code. (5) The marks described in subclause (4) must use only the characters and symbols described in regulation 33(1)(c). Compare: LI 2017/123 r 53 Part 3 Other requirements relating to tobacco products Subpart 1—Information about tobacco products offered for sale 56 Notice indicating availability of tobacco products (1) This regulation applies to a notice that a retailer may, for the purpose of the exemption in section 25(1)(b) of the Act, display in relation to tobacco products. (2) The notice must contain only the following information: (a) the words “TOBACCO AVAILABLE HERE”, in lettering not larger than Helvetica typeface 70 pt; and (b) the words “No sales to persons under the age of 18”, in lettering not smaller than Helvetica typeface 40 pt. (3) The notice must not be larger than A4 size. (4) The information in the notice must be printed or handwritten in black on a white background. (5) The notice— 27 Smokefree Environments and Regulated Products Version as at Part 3 r 57 Regulations 2021 20 March 2024 (a) may be displayed only where the tobacco is stored or where the tobacco can be purchased; and (b) must be displayed together with— (i) a graphic (of the same size as the notice) from an item in Part 1 of Schedule 2; and (ii) the first warning in English and te reo Māori from that same item; and (c) must not be displayed so as to be visible from outside the retailer’s place of business. (6) The number of notices that may be displayed inside a retailer’s place of busi‐ ness is as follows: (a) only 1 notice if the retailer’s place of business is less than 200 m2: (b) not more than 2 notices if the retailer’s place of business is 200 m2 or more but not more than 500 m2: (c) not more than 3 notices if the retailer’s place of business is more than 500 m2. (7) For the purposes of subclause (6), the size of a retailer’s place of business is the area within the place of business to which, generally, members of the public have access. Compare: LI 2017/123 r 54 57 How information about tobacco products offered for Internet sale must be provided (1) This regulation applies to information that a person who offers tobacco prod‐ ucts for Internet sale may, for the purpose of the exemption in section 25(4) of the Act, allow to be visible on their Internet site in response to a product request. (2) The information, which is limited by section 25(4)(b) of the Act, must— (a) be provided in a way that is printable but not editable; and (b) when displayed, comply with the requirements of subclauses (3) to (6). (3) The information must be in the form of printed or handwritten words in black on a white background. (4) The information must be— (a) limited to the brand of tobacco product, the variant, the amount or quantity or size, and the price; and (b) in the form of printed or handwritten black lettering that is not larger than Helvetica typeface 16 pt. (5) At the top and bottom of each page containing the product and price informa‐ tion, there must be a health warning— 28 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 3 r 58 (a) that says— “SMOKING KILLS Ka mate koe i te kai hikareti”: (b) the first line of which must not be smaller than Helvetica typeface 70 pt: (c) the second line of which must not be smaller than Helvetica typeface 40 pt. (6) At the bottom of each page, below the health warning, there must be the following information, which must not be smaller than Helvetica typeface 22 pt: “No sales to persons under the age of 18”. Compare: LI 2017/123 r 55 58 Information that must be provided inside retailer’s place of business in response to request (1) This regulation specifies, for the purpose of the exemption in section 25(1)(a) of the Act, requirements that apply to printed or written information provided by a retailer in their place of business in response to a product request. (2) The information must be printed or handwritten in black on 1 or more sheets of plain white paper that are no larger than A4 size. (3) The information must be— (a) limited to the brand of tobacco product, the variant, the amount or quantity or size, and the price; and (b) printed or handwritten in black lettering that is not larger than Helvetica typeface 16 pt. (4) At the top and bottom of each page on the same side that the product and price information appears, there must be a health warning— (a) that says— “SMOKING KILLS Ka mate koe i te kai hikareti”: (b) the first line of which must not be smaller than Helvetica typeface 70 pt: (c) the second line of which must not be smaller than Helvetica typeface 40 pt. (5) At the bottom of each page, below the health warning, there must be the following information, which must not be smaller than Helvetica typeface 22 pt: “No sales to persons under the age of 18”. (6) Each page on which the product and price information appears must have a continuous solid black border along each edge of the page. Compare: LI 2017/123 r 56 29 Smokefree Environments and Regulated Products Version as at Part 3 r 59 Regulations 2021 20 March 2024 59 Provision of information about tobacco products offered by way of vending machine (1) This regulation specifies, for the purpose of the exemption in section 25(3) of the Act, requirements that apply to a notice displayed on the outside of a vending machine that offers tobacco products for sale. (2) The notice must— (a) only contain information about tobacco products that are available from the vending machine; and (b) otherwise comply with the requirements set out in regulation 58(2) to (6). Compare: LI 2017/123 r 57 Subpart 2—Information provided to retailers about tobacco products 60 Price lists given to retailers of tobacco products (1) For the purpose of the exemption in section 24(a) of the Act, a price list given to retailers of tobacco products— (a) must contain the following information: (i) brand name: (ii) brand variant: (iii) quantity: (iv) price; and (b) must contain the applicable health warning for the tobacco product set out in subclause (2)— (i) on each page (whether printed or an Internet web page); and (ii) in upper-case Univers Medium Condensed Roman typeface 24 pt; and (c) must not contain any other information. (2) For the purpose of subclause (1)(b), the health warning,— (a) for a tobacco product other than a smokeless tobacco product, is “Smok‐ ing Causes Fatal Diseases”; and (b) for a smokeless tobacco product, is “This product damages your health and is addictive”. Compare: LI 2017/123 r 60 61 Information that manufacturer and importer may provide to retailers about smokeless tobacco products A manufacturer or an importer of smokeless tobacco products may, for the purpose of the exemption in section 24(k) of the Act, provide information to retailers about— 30 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 3 r 61C (a) the correct use, handling, storage, refilling, recharging, or disposal of the product; and (b) the consequences of incorrect use of the product; and (c) handling precautions to take before and during use of the product. Subpart 2A—Limits on constituents of smoked tobacco products [Revoked] Subpart 2A: revoked, on 6 March 2024, by section 35 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 61A Limits on constituents of smoked tobacco products [Revoked]

Regulation 61A: revoked, on 6 March 2024, by section 35 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). Subpart 2B—Product safety requirements for smoked tobacco products [Revoked] Subpart 2B: revoked, on 6 March 2024, by section 35 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 61B Product safety requirements for smoked tobacco products [Revoked]

Regulation 61B: revoked, on 6 March 2024, by section 35 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). Subpart 2C—Product information [Revoked] Subpart 2C: revoked, on 6 March 2024, by section 35 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 61C Information that manufacturer and importer must provide with application for approval for sale, import, or manufacture of smoked tobacco product [Revoked]

Regulation 61C: revoked, on 6 March 2024, by section 35 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 31 Smokefree Environments and Regulated Products Version as at Part 3 r 61D Regulations 2021 20 March 2024 Subpart 2D—Product notification Subpart 2D: inserted, on 21 September 2023, by regulation 6 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201). 61D Notification requirements for distributor of smoked tobacco products A distributor of smoked tobacco products must provide the following informa‐ tion when making a notification (including a renewal of a notification) as required by section 20S of the Act: (a) its contact details (including name, business name, company number, NZBN, address, phone numbers, and email addresses); and (b) a declaration that it meets the requirements of the Act and that the details provided are correct.

Regulation 61D: inserted, on 21 September 2023, by regulation 6 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201). Subpart 3—Testing of manufactured cigarettes 62 Manufactured cigarettes to be tested (1) Manufactured cigarettes are specified as a smoked tobacco product to which section 57G of the Act applies. (2) Manufactured cigarettes that are a herbal smoking product are specified as a notifiable product to which section 69A of the Act applies.

Regulation 62: replaced, on 1 January 2023, by section 64 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79). 63 Conduct of tests of manufactured cigarettes Tests for the constituents of brands of manufactured cigarettes, and the respect‐ ive quantities of those constituents present in the cigarette smoke, must be conducted in accordance with the following standard methods published by the International Organization for Standardization (ISO): (a) for tar, ISO 4387:2000 Cigarettes—Determination of total and nicotine- free dry particulate matter using a routine analytical smoking machine: (b) for nicotine, ISO 10315:2013 Cigarettes—Determination of nicotine in smoke condensates—Gas-chromatographic method: (c) for carbon monoxide, ISO 8454:2007 Cigarettes—Determination of car‐ bon monoxide in the vapour phase of cigarette smoke—NDIR method: (d) for tar, nicotine, and carbon monoxide, in addition to the applicable standard method specified in paragraph (a), (b), or (c),— (i) ISO 3308:2012 Routine analytical cigarette-smoking machine— Definitions and standard conditions; and (ii) ISO 8243:2013 Cigarettes—Sampling; and 32 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 4 r 64 (iii) ISO 3402:1999 Tobacco and tobacco products—Atmosphere for conditioning and testing. Compare: LI 2017/123 r 62

Regulation 63: amended, on 1 January 2023, by section 65 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79). Subpart 4—Analytical testing methods to determine nicotine levels in smoked tobacco products [Revoked] Subpart 4: revoked, on 6 March 2024, by section 36 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 63A Smoked tobacco products for sale or import to be tested [Revoked]

Regulation 63A: revoked, on 6 March 2024, by section 36 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 63B Analytical testing methods [Revoked]

Regulation 63B: revoked, on 6 March 2024, by section 36 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 63C Review of details of test methodology [Revoked]

Regulation 63C: revoked, on 6 March 2024, by section 36 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 63D Testing methods and compliance [Revoked]

Regulation 63D: revoked, on 6 March 2024, by section 36 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). Part 4 Smokeless tobacco products Subpart 1—Message to be displayed on package 64 Message to be displayed on smokeless tobacco package (1) A smokeless tobacco package must display a message relating to the harmful effects of using the tobacco product. (2) The message must be the following warning in English and te reo Māori: “This product damages your health and is addictive Ka patu tēnei mea i tō hauora, ka whakawara i a koe”. 33 Smokefree Environments and Regulated Products Version as at Part 4 r 65 Regulations 2021 20 March 2024 65 How message must be displayed (1) The message required by regulation 64 to be displayed on a smokeless tobacco package must— (a) be displayed in the reserved area on the front and back surface of the package; and (b) be displayed at the centre of each surface; and (c) be in black Helvetica typeface on a white background; and (d) be in a font size that makes the text occupy the greatest possible propor‐ tion of the reserved area; and (e) be parallel to— (i) the product’s brand name, if displayed on the surface; or (ii) the product’s variant name, if it is displayed on the surface and the product’s brand name is not also displayed on the surface; or (iii) in all other cases, the largest text that is displayed on the surface; and (f) be indelible; and (g) be surrounded by a black border of a width of 1 mm inside the reserved area. (2) The message must not be commented on or paraphrased on any part of the package. (3) The message must— (a) be fully visible; and (b) not be hidden (in whole or in part) or interrupted by any wrapper, jacket, or box or any other item; and (c) not hide or interrupt any marking that is required under any New Zea‐ land enactment; and (d) remain intact when the package is opened. Subpart 2—Prohibited features 66 Prohibited features of smokeless tobacco package (1) A smokeless tobacco product, its package, and any insert in the package must not have any feature that— (a) is information about the nicotine, tar, or carbon dioxide content of the product; or (b) refers to additives or the absence of additives; or (c) resembles a food or a cosmetic product; or (ca) depicts a cartoon or toy; or 34 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 5 r 68 (d) suggests that a smokeless tobacco product (whether specifically or gen‐ erally)— (i) is less harmful than other regulated products; or (ii) [Revoked] (iii) has vitalising, energising, healing, rejuvenating, natural, or organic properties; or (iv) has other health or lifestyle benefits. (2) A feature referred to in subclause (1) includes, but is not limited to, text, sym‐ bols, names, trademarks, or figurative or other types of signs on the product.

Regulation 66(1)(ca): inserted, on 21 September 2023, by regulation 9 of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201).

Regulation 66(1)(d)(ii): revoked, on 1 January 2023, by section 66 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79). Subpart 3—Heated tobacco products 67 Permitted number of heated tobacco products in pack A pack of heated tobacco products must contain only 20 or 25 tobacco sticks. Part 5 Vaping products Subpart 1—Message to be displayed on package 68 Message required for vaping products containing nicotine (1) A package of vaping product that contains nicotine must display a message relating to the harmful effects of using the vaping product. (2) The message must be the following warning in English and te reo Māori: “This product contains nicotine, which is a highly addictive substance He nikotīni kei roto i tēnei mea, he matū tino whakawara”. (3) The message must— (a) be displayed in the reserved area on the front and back surface of the package; and (b) be displayed in the centre of each of those surfaces; and (c) be parallel to— (i) the product’s brand name, if displayed on the surface; or (ii) the product’s variant name, if it is displayed on the surface and the product’s brand name is not also displayed on the surface; or (iii) in all other cases, the largest text displayed on the surface; and (d) be in black Helvetica typeface on a white background; and 35 Smokefree Environments and Regulated Products Version as at Part 5 r 69 Regulations 2021 20 March 2024 (e) be in a font size that makes the text occupy the greatest possible propor‐ tion of the reserved area. 69 Safety message displayed on containers of vaping substance The outside of a container of vaping substance must display all of the follow‐ ing safety messages: (a) “CAUTION: Keep this substance out of reach of children or pets.”: (b) “Do not swallow this substance. If this substance is taken into the mouth, rinse mouth thoroughly.”: (c) “Contact 0800 POISON (0800 764 766) for advice if this substance is swallowed.”: (d) “Seek medical advice if you feel unwell after contact with this substance or use of this product.”. Subpart 1A—Flavour description Subpart 1A: inserted, on 21 September 2023, by regulation 10 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201). 69A Flavour description (1) A variant name on a vaping product must describe the actual flavour of the vaping product using only 1 or 2 flavour names listed in Schedule 4A. (2) The package of a vaping product must describe the actual flavour of the vaping product using only 1 or 2 flavour names listed in Schedule 4A.

Regulation 69A: inserted, on 21 September 2023, by regulation 10 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201). Subpart 2—Prohibited features 70 Prohibited features of vaping product (1) A vaping product, its package, and any insert in the package must not have any feature that— (a) refers to additives other than flavours or the absence of additives; or (b) resembles a food or a cosmetic product; or (ba) depicts a cartoon or toy; or (c) suggests that the product (whether specifically or generally)— (i) is less harmful than other regulated products; or (ii) has vitalising, energising, healing, rejuvenating, natural, or organic properties; or (iii) has other health or lifestyle benefits. (2) A feature referred to in subclause (1) includes but is not limited to text, symbols, names, trademarks, or figurative or other types of signs. 36 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 5 r 72

Regulation 70(1)(ba): inserted, on 21 September 2023, by regulation 11 of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201). Subpart 3—Information about vaping products 71 Notice indicating availability of vaping products (1) This regulation applies to a notice that a retailer may for the purpose of the exemption in section 25(1)(b) of the Act, display in relation to vaping products. (2) The notice must contain only the following information: (a) the words “VAPING PRODUCTS AVAILABLE HERE”, in lettering not larger than Helvetica typeface 70 pt; and (b) the words “No sales to persons under the age of 18”, in lettering not smaller than Helvetica typeface 40 pt. (3) The notice must not be larger than A4 size. (4) The information in the notice must be printed or handwritten in black on a white background. (5) The notice may be displayed only where vaping products are displayed or where they can be purchased. (6) The number of notices that may be displayed inside a retailer’s place of busi‐ ness is as follows: (a) only 1 notice if the retailer’s place of business is less than 200 m2: (b) not more than 2 notices if the retailer’s place of business is 200 m2 or more but not more than 500 m2: (c) not more than 3 notices if the retailer’s place of business is more than 500 m2. (7) For the purposes of subclause (6), the size of a retailer’s place of business is the area within the place of business to which, generally, members of the public have access. 72 Point-of-sale purchase age information (1) This regulation applies to a person who offers a vaping product for sale by retail. (2) The notice that the person must display at each point of sale in accordance with section 43 of the Act must— (a) contain only the following warning in English and te reo Māori in lettering not larger than Helvetica typeface 70 pt: “Vaping products may contain nicotine, which is a highly addictive substance He nikotīni kei roto i tēnei mea, he matū tino whakawara”; and 37 Smokefree Environments and Regulated Products Version as at Part 5 r 73 Regulations 2021 20 March 2024 (b) contain the words “No sale to persons under the age of 18” in lettering not smaller than Helvetica typeface 40 pt. (3) The notice must not be larger than A4 size. (4) The information in the notice must be printed or handwritten in black on a white background. 73 Information about vaping products that retailer may provide under section 24(g)(ii) of Act (1) This regulation applies to a retailer for the purpose of the activity exempted by section 24(g)(ii) of the Act. (2) The retailer may provide within their retail premises or on their Internet site a notice that contains— (a) 1 or both of the following messages: (i) “Completely replacing your cigarette with a vape will reduce harm to your health”: (ii) “If you smoke, switching completely to vaping is a much less harmful option”; or (b) an accurate translation of the messages in another language. (3) A translation of those messages in a language other than English that is pub‐ lished on an Internet site by the Ministry of Health must be treated as an accurate translation. (4) The messages or any translation of the messages must be in lettering not larger than Helvetica typeface 70 pt. (5) The notice must not be larger than A4 size. (6) The information in the notice must be printed or handwritten in black on a white background. 74 Information that manufacturer or importer may provide to retailers about vaping products A manufacturer or an importer of vaping products may, for the purpose of the exemption in section 24(k) of the Act, provide retailers with information about— (a) the correct use, handling, storage, refilling, recharging, or disposal of the product; and (b) the consequences of incorrect use of the product; and (c) handling precautions to take before and during use of the product. 38 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 6 r 76A Part 6 Notifiable products 75 Interpretation (1) In this Part,— component, in relation to a vaping device, means a part of the device that— (a) is also sold separately; and (b) may be replaced by a user product type means— (a) a vaping device: (b) a vaping substance: (c) a component of a vaping device: (d) a vaping kit (meaning a package containing 2 or more items described in any of paragraphs (a) to (c)): (e) a smokeless tobacco product. (2) In this Part, an ingredient of a product includes any flavour used in the product. Subpart 1—Product notification 76 Product notification (1) The contact details that a notifier must provide when notifying a notifiable product are— (a) the notifier’s name and, if the notifier is a company, its business name and company number or NZBN; and (b) the notifier’s physical address, phone number, and email address. (2) Before notifying a product, the notifier must be satisfied that the details provi‐ ded in the product notification are correct. (3) The declaration required by section 63(1)(c) of the Act must be made for each product that is being notified. 76A Notification requirements for general retailer of notifiable products A general retailer of notifiable products must provide the following informa‐ tion when making a notification (including a renewal of a notification) as required by section 20R of the Act: (a) its contact details (including name, business name, company number, NZBN, address, phone numbers, and email addresses); and (b) a declaration that it meets the requirements of the Act and that the details provided are correct. 39 Smokefree Environments and Regulated Products Version as at Part 6 r 77 Regulations 2021 20 March 2024

Regulation 76A: inserted, on 21 September 2023, by regulation 12 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201). 77 Product information (1) When notifying a notifiable product, a notifier must provide the following information and the information required by subclause (2) or (3) (as applic‐ able): (a) product type: (b) product brand, variant, and Universal Product Code: (c) if the product is a vaping device or vaping kit, a list of its components. (2) When notifying a vaping substance, the notifier must provide the following information: (a) a list of the product’s ingredients with each ingredient described by reference to its Chemical Abstracts Service Registry number or Inter‐ national Union of Pure and Applied Chemistry name: (b) the amount of each ingredient: (c) the nicotine strength: (d) the container volume: (e) the propylene glycol: vegetable glycerol ratio: (f) the amount of any additive that is not a flavour (for example, a preserva‐ tive or an antioxidant). (3) When notifying a smokeless tobacco product, the notifier must provide the following information: (a) a list of the product’s ingredients with each ingredient described by reference to its Chemical Abstracts Service Registry number or Inter‐ national Union of Pure and Applied Chemistry name: (b) the amount of each ingredient: (c) the method of use: (d) the number of individual products in a pack: (e) the amount of any additive that is not a flavour (for example, a preserva‐ tive or an antioxidant). Subpart 2—Product safety requirements 78 Product safety requirement for all notifiable products It is a product safety requirement for each notified product that there are systems in place that enable the following activities in relation to the product: (a) investigating and resolving any complaints about the product; and (b) recording any adverse reactions to the product; and 40 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 6 r 80 (c) notifying any adverse reactions to the product to the Ministry of Health; and (d) recalling the product from sale, supply, or distribution; and (e) informing the Ministry of Health of any recall of the product, the extent to which the product is recalled, and the outcome of the recall; and (f) if the product is or contains a vaping substance, informing the Ministry of Health of any risks that the notifier is aware of, or any concerns that the notifier has, in relation to any substance used in the manufacture of the vaping substance. 79 Product safety requirement for smokeless tobacco products It is a product safety requirement for a smokeless tobacco product that, if an additive other than a flavour is used in the product,— (a) a toxicological risk assessment for the use of the additive must be carried out; and (b) the notifier must, if requested by the Director-General under section 71 of the Act, be ready to provide reasons for the use of the additive in the product. 80 Product safety requirements for vaping products (1) It is a product safety requirement for a vaping product that the following information be provided in accordance with subclause (2): (a) instructions about the correct use, handling, storage, refilling, recharg‐ ing, or disposal of the product; and (b) information about the consequences of incorrect use of the product; and (c) handling precautions to take before and during use of the product. (2) The information may appear in any 1 or more of the following ways: (a) on the packaging of the product, to the extent that the information’s appearance is consistent with these regulations: (b) as an insert within the packaging of the product: (c) on the product, to the extent that the information’s appearance is consis‐ tent with these regulations. (3) Other product safety requirements for vaping products are set out in Schedule 5. 41 Smokefree Environments and Regulated Products Version as at Part 6A r 80A Regulations 2021 20 March 2024 Part 6A Requirements for approval as smoked tobacco retailer [Revoked] Part 6A: revoked, on 6 March 2024, by section 37 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). Subpart 1—Fit and proper person [Revoked] Subpart 1: revoked, on 6 March 2024, by section 37 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 80A Criteria for fit and proper person [Revoked]

Regulation 80A: revoked, on 6 March 2024, by section 37 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). Subpart 2—Security measures [Revoked] Subpart 2: revoked, on 6 March 2024, by section 37 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 80B Retail premises security measures [Revoked]

Regulation 80B: revoked, on 6 March 2024, by section 37 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). Subpart 3—Business systems [Revoked] Subpart 3: revoked, on 6 March 2024, by section 37 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 80C Business system requirements [Revoked]

Regulation 80C: revoked, on 6 March 2024, by section 37 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 42 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 7 r 81 Subpart 4—Additional assessment criteria for application process [Revoked] Subpart 4: revoked, on 6 March 2024, by section 37 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 80D Additional assessment criteria for application process [Revoked]

Regulation 80D: revoked, on 6 March 2024, by section 37 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). Part 6B Requirements for approval as specialist vape retailer Part 6B: inserted, on 21 September 2023, by regulation 13 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201). 80E Requirements for approval as specialist vape retailer (1) In determining whether to grant an application for approval as a specialist vape retailer, the Director-General must be satisfied that— (a) the applicant understands its obligations under the Act (including in regard to sales to minors); and (b) the retail premises are— (i) at least 300 metres from the location point of a registered school listed on the Ministry of Education Internet site; and (ii) at least 300 metres from a marae listed on the Ministry of Māori Development—Te Puni Kōkiri Internet site. (2) Subclause (1) applies only to a registered school or marae that is listed on the relevant Internet site on the date on which an application for approval as a specialist vape retailer is received.

Regulation 80E: inserted, on 21 September 2023, by regulation 13 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201). Part 7 General 81 Infringement and reminder notices (1) An infringement notice in relation to an infringement offence must be in the form set out in Schedule 6. (2) A reminder notice in relation to an infringement offence must be in the form set out in Schedule 7. 43 Smokefree Environments and Regulated Products Version as at Part 7 r 82 Regulations 2021 20 March 2024 82 Fees (1) A person specified in column 1 of the table in Schedule 8 must pay the fee specified in that table for the person. (2) The fee must be paid at the time of the event specified in column 3 of the table in Schedule 8 for the person. (3) The Director-General may waive (in whole or in part) the payment of a fee payable under subclause (1) if the Director-General considers it is fair and reasonable to do so in the circumstances. 83 Track and trace markings (1) Track and trace markings may be displayed on a regulated product or on its package only— (a) if those markings are required under legislation in jurisdictions outside New Zealand to be displayed on a regulated product or its package; and (b) to the extent that the display is consistent with these regulations. (2) However, this regulation does not affect regulation 45. 84 Annual returns and reports (1) A return required to be prepared under section 100(1)(a)(i) of the Act and filed with the Director-General by 31 January must— (a) relate to the previous calendar year; and (b) for tobacco products other than smokeless tobacco products, contain the information required by form 1 of Schedule 9; and (c) for herbal smoking products, contain the information required by form 2 of Schedule 9; and (d) for notifiable products, contain the information required by form 3 of Schedule 9. (2) A report required to be prepared under section 100(1)(a)(ii) of the Act and filed with the Director-General by 31 January must— (a) relate to the previous calendar year; and (b) for tobacco products other than smokeless tobacco products, contain the information required by form 1 of Schedule 10; and (c) for herbal smoking products, contain the information required by form 2 of Schedule 10; and (d) for notifiable products, contain the information required by form 3 of Schedule 10. (3) A return required to be prepared under section 100(2) of the Act and filed with the Director-General by 31 January must— (a) relate to the previous calendar year; and 44 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Part 7 r 85 (b) for— (i) specialist vape retailers, contain the information required by form 4 of Schedule 9; and (ii) other retailers of regulated products, contain the information required by form 5 of Schedule 9. Compare: LI 2017/123 r 63

Regulation 84(1)(b): amended, on 6 March 2024, by section 38(1) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).

Regulation 84(1)(c): amended, on 6 March 2024, by section 38(1) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).

Regulation 84(1)(d): amended, on 6 March 2024, by section 38(1) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).

Regulation 84(2)(b): amended, on 6 March 2024, by section 38(1) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).

Regulation 84(2)(c): amended, on 6 March 2024, by section 38(1) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).

Regulation 84(2)(d): amended, on 6 March 2024, by section 38(1) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).

Regulation 84(3)(b): replaced, on 6 March 2024, by section 38(2) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 85 Revocation The Smoke-free Environments Regulations 2017 (LI 2017/123) are revoked. 45 Smokefree Environments and Regulated Products Version as at Schedule 1 Regulations 2021 20 March 2024 Schedule 1 Transitional, savings, and related provisions r6 Part 1 Provisions relating to these regulations as made 1 Regulations 60 and 71 to 74 take effect on 11 September 2021 (1) Regulations 60 and 71 to 74 take effect on and from 11 September 2021. (2) However, regulation 60 of the Smoke-free Environments Regulations 2017 continues to apply until the close of 10 September 2021 to price lists given to retailers of tobacco products. 2 Application of Part 4 Part 4 applies on and from— (a) 11 May 2022 to a person who manufactures or imports smokeless tobacco packages or packages or arranges for the packaging of smoke‐ less tobacco products; and (b) 25 June 2022 to a person who distributes smokeless tobacco packages; and (c) 11 August 2022 to a person who sells, offers for sale, or otherwise supplies smokeless tobacco packages. 3 Application of Part 5 Part 5 applies on and from— (a) 11 May 2022 to a person who manufactures or imports vaping products or packages or arranges for the packaging of vaping products; and (b) 25 June 2022 to a person who distributes vaping product packages; and (c) 11 August 2022 to a person who sells, offers for sale, or otherwise supplies vaping product packages. 4 First annual return for specified regulated products (1) The first annual return required under regulation 84 from a manufacturer or an importer of herbal smoking products must be filed by 31 January 2023 for the 2022 calendar year. (2) The first annual return required under regulation 84 from a manufacturer or an importer of vaping products must be filed by 31 January 2023 for the 2022 calendar year. (3) The first annual return required under regulation 84 from a specialist vape retailer must be filed by 31 January 2023 for the 2022 calendar year. 46 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Schedule 1 5 Annual return for smokeless tobacco products The annual return required under regulation 84 from a manufacturer or importer of smokeless tobacco products for the 2021 calendar year, must, despite regulation 84(1)(d), be in form 1 of Schedule 9. Part 2 Transitional provisions relating to Smokefree Environments and Regulated Products Amendment Regulations 2023 Schedule 1 Part 2: inserted, on 21 September 2023, by regulation 14(a) of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201). 6 Interpretation In this Part,— amendment regulations means the Smokefree Environments and Regulated Products Amendment Regulations 2023 new product safety requirements means the amendments to Schedule 5 (product safety requirements for vaping products) in regulation 16 of the amendment regulations. Schedule 1 clause 6: inserted, on 21 September 2023, by regulation 14(a) of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201). 7 Transitional provision relating to regulations 63A to 63D (analytical testing methods) [Revoked] Schedule 1 clause 7: revoked, on 6 March 2024, by section 39(1) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 8 Transitional provision relating to regulation 66 (prohibited features of smokeless tobacco package)

Regulation 66, as amended by regulation 9 of the amendment regulations, applies to the sale of a smokeless tobacco product, its packaging, and any insert in the package, by a retailer on and from 21 March 2024. Schedule 1 clause 8: inserted, on 21 September 2023, by regulation 14(a) of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201). 9 Prohibition on sale of smokeless tobacco packages that do not meet new requirement of regulation 66 (prohibited features of smokeless tobacco package) Smokeless tobacco products that do not meet the new requirement in regulation 66, as amended by regulation 9 of the amendment regulations, must not be sold on and from 21 March 2024. Schedule 1 clause 9: inserted, on 21 September 2023, by regulation 14(a) of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201). 47 Smokefree Environments and Regulated Products Version as at Schedule 1 Regulations 2021 20 March 2024 10 Transitional provision relating to regulation 69A (flavour description)

Regulation 69A, as inserted by regulation 10 of the amendment regulations, applies to new vaping product notifications on and from 21 October 2023. Schedule 1 clause 10: inserted, on 21 September 2023, by regulation 14(a) of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201). 11 Prohibition on sale of vaping products that do not meet requirements of regulation 69A (flavour description) Vaping products that do not meet the new flavour requirements in regulation 69A, as inserted by regulation 10 of the amendment regulations, must not be sold on and from 21 March 2024. Schedule 1 clause 11: inserted, on 21 September 2023, by regulation 14(a) of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201). 12 Transitional provision relating to regulation 70 (prohibited features of vaping product)

Regulation 70, as amended by regulation 11 of the amendment regulations, applies to the sale of a vaping product, its packaging, and any insert in the package, by a retailer on and from 21 March 2024. Schedule 1 clause 12: inserted, on 21 September 2023, by regulation 14(a) of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201). 13 Prohibition on sale of vaping products that do not meet new requirement of regulation 70 (prohibited features of vaping product) Vaping products that do not meet the new requirement in regulation 70, as amended by regulation 11 of the amendment regulations, must not be sold on and from 21 March 2024. Schedule 1 clause 13: inserted, on 21 September 2023, by regulation 14(a) of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201). 14 Transitional provision relating to Schedule 5 (product safety requirements for vaping products) Schedule 5, as amended by regulation 16 of the amendment regulations, applies on and from 21 October 2023 to all new product notifications for single-use and resuable vaping devices. Schedule 1 clause 14: inserted, on 21 September 2023, by regulation 14(a) of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201). 15 Prohibition on sale of vaping products that do not meet new product safety requirements of Schedule 5 (product safety requirements for vaping products) (1) Single-use vaping products that do not meet the product safety requirements, as amended by regulation 16 of the amendment regulations, must not be sold on and from 21 December 2023. 48 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Schedule 1 (2) Reusable vaping products that do not meet the product safety requirements, as amended by regulation 16(2) of the amendment regulations, must not be sold on and from 21 March 2024. (3) The product safety requirements in clause 19A of Schedule 5 (as inserted by regulation 16 of the Smokefree Environments and Regulated Products Amend‐ ment Regulations 2023) do not apply to reusable vaping products until 1 October 2024. Schedule 1 clause 15: inserted, on 21 September 2023, by regulation 14(a) of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2023 (SL 2023/201). Schedule 1 clause 15(2): amended, on 20 March 2024, by regulation 4(1) of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2024 (SL 2024/19). Schedule 1 clause 15(3): inserted, on 20 March 2024, by regulation 4(2)of the Smokefree Environ‐ ments and Regulated Products Amendment Regulations 2024 (SL 2024/19). Part 3 Provisions relating to Smokefree Environments and Regulated Products Amendment Act 2024 Schedule 1 Part 3: inserted, on 6 March 2024, by section 39(2)(a) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 16 Interpretation In this Part, unless the context otherwise requires,— amendment Act means the Smokefree Environments and Regulated Products Amendment Act 2024 commencement date means the date on which section 42 of the amendment Act comes into force. Schedule 1 clause 16: inserted, on 6 March 2024, by section 39(2)(a) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 17 Refund of fee paid by applicant to be approved smoked tobacco retailer (1) This clause applies in respect of a fee paid before the commencement date by an applicant to be an approved smoked tobacco retailer under regulation 82 and Schedule 8 of the Smokefree Environments and Regulated Products Regulations 2021. (2) The Director-General may refund the fee paid (inclusive of goods and services tax), in whole or in part, if the Director-General considers that it is fair and reasonable to do so in the circumstances.

Schedule 1 clause 17: inserted, on 6 March 2024, by section 39(2)(a) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 49 50 Schedule 2 Content of required message Schedule 2 rr 3, 9–14, 23, 27, 28, 29, 56 Part 1 Message that must be displayed on packages of tobacco products other than cigars First warning (front face Second warning (side, Explanatory note and you can Item and back face)1 inside flap, or base) quit statement (back face) Graphic (front face and back face) 1 SMOKING CAUSES WARNING Smokers are more likely to have HEART ATTACKS Smoking causes heart heart attacks than non-smokers. KA PĀ MAI NGĀ attacks. Many smokers who have heart MANAWA-HĒ I TE KAI attacks will die from them. PAIPA (Quitline logo) For support to Smokefree Environments and Regulated Products quit call 0800 778 778 or visit www.quit.org.nz You can quit smoking 2 SMOKING CAUSES WARNING Over 80% of lung cancers are OVER 80% OF LUNG Tobacco smoke contains caused by smoking. Most people CANCERS many poisonous chemicals diagnosed with lung cancer will NEKE ATU I TE 80% O that cause lung cancer. die from it. NGĀ MATE PUKUPUKU (Quitline logo) For support to KI NGĀ PŪKAHUKAHU quit call 0800 778 778 or visit Regulations 2021 I AHU MAI I TE KAI www.quit.org.nz PAIPA You can quit smoking Version as at 20 March 2024 First warning (front face Second warning (side, Explanatory note and you can Item and back face)1 inside flap, or base) quit statement (back face) Graphic (front face and back face) Version as at 3 SMOKING HARMS WARNING Smoking greatly increases the risk YOUR BABY BEFORE IT Smoking increases the of babies being born too small, too IS BORN early, or stillborn. 20 March 2024 risk of premature birth, KA TŪKINOHIA TŌ PĒPI stillbirth, and infant death. (Quitline logo) For support to I TŌ KŌPŪ I TE KAI quit call 0800 778 778 or visit PAIPA www.quit.org.nz You can quit smoking 4 YOUR SMOKING WARNING Children exposed to smoking HARMS OTHERS Tobacco smoke contains are more likely to suffer from KA TŪKINOHIA ĒTAHI many poisonous chemicals ear infections, breathing problems Smokefree Environments and Regulated Products ATU I Ō MAHI KAI that cause serious illnesses and asthma. Babies exposed to PAIPA in children. smoking are much more likely to die suddenly. (Quitline logo) For support to quit call 0800 778 778 or visit www.quit.org.nz You can quit smoking 5 SMOKING IS A MAJOR WARNING People who smoke are more likely Regulations 2021 CAUSE OF STROKE Tobacco smoke contains to suffer a stroke. Many people die KA PIKI AKE I TE KAI many poisonous chemicals or are severely disabled by strokes. PAIPA TŌ TŪPONO KI that cause strokes. (Quitline logo) For support to TE IKURA RORO quit call 0800 778 778 or visit www.quit.org.nz You can quit smoking 51 Schedule 2 52 First warning (front face Second warning (side, Explanatory note and you can Item and back face)1 inside flap, or base) quit statement (back face) Graphic (front face and back face) 6 SMOKING DAMAGES WARNING Smoking harms your blood Schedule 2 YOUR BLOOD VESSELS Poisonous chemicals in vessels. Smokers are more likely KA TŪKINOHIA Ō IA tobacco smoke damage to get gangrene and need TOTO I TE KAI PAIPA your blood vessels and amputations. make you more likely to (Quitline logo) For support to need amputations. quit call 0800 778 778 or visit www.quit.org.nz You can quit smoking Smokefree Environments and Regulated Products 7 SMOKING IS NOT WARNING Smoking harms your health ATTRACTIVE Tobacco smoke contains and damages your appearance. KA ANUANU KOE I TE many poisonous chemicals Smoking causes your skin to KAI PAIPA that harm your appearance wrinkle and age quickly. as well as your health. (Quitline logo) For support to quit call 0800 778 778 or visit Regulations 2021 www.quit.org.nz You can quit smoking Version as at 20 March 2024 First warning (front face Second warning (side, Explanatory note and you can Item and back face)1 inside flap, or base) quit statement (back face) Graphic (front face and back face) Version as at 8 SMOKING CAUSES WARNING Smokers are more likely to have HEART ATTACKS Smoking causes heart heart attacks than non-smokers. Many smokers who have heart 20 March 2024 KA PĀ MAI NGĀ attacks. MANAWA-HĒ I TE KAI attacks will die from them. PAIPA (Quitline logo) For support to quit call 0800 778 778 or visit www.quit.org.nz You can quit smoking 9 SMOKING CAUSES WARNING Smoking causes most lung cancers LUNG CANCER Tobacco smoke contains in New Zealand. Most people KA PĀ MAI TE MATE many poisonous chemicals diagnosed with lung cancer will PUKUPUKU KI NGĀ that cause lung cancer. die from it. PŪKAHUKAHU I TE KAI (Quitline logo) For support to PAIPA quit call 0800 778 778 or visit Smokefree Environments and Regulated Products www.quit.org.nz You can quit smoking 10 SMOKING WHEN WARNING Smoking during pregnancy PREGNANT HARMS Tobacco smoke contains poisons your baby and increases YOUR BABY many poisonous chemicals the chance of sudden death. Quit KA TŪKINOHIA TŌ PĒPI that harm unborn babies. now and protect your baby. I TE KAI PAIPA I A KOE (Quitline logo) For support to Regulations 2021 E HAPŪ ANA quit call 0800 778 778 or visit www.quit.org.nz You can quit smoking 53 Schedule 2 54 First warning (front face Second warning (side, Explanatory note and you can Item and back face)1 inside flap, or base) quit statement (back face) Graphic (front face and back face) 11 YOUR SMOKING WARNING Secondhand smoke is harmful. Schedule 2 HARMS CHILDREN Tobacco smoke contains Smoking around your children KA TŪKINOHIA NGĀ many poisonous chemicals makes them more likely to TAMARIKI I Ō MAHI that harm children. suffer from serious and potentially KAI PAIPA fatal diseases like meningitis, pneumonia and asthma. (Quitline logo) For support to quit call 0800 778 778 or visit www.quit.org.nz You can quit smoking 12 SMOKING IS A MAJOR WARNING People who smoke are more likely CAUSE OF STROKE Tobacco smoke contains to suffer a stroke. Many people die KA PIKI AKE I TE KAI many poisonous chemicals or are severely disabled by strokes. PAIPA TŌ TŪPONO KI that cause strokes. (Quitline logo) For support to Smokefree Environments and Regulated Products TE IKURA RORO quit call 0800 778 778 or visit www.quit.org.nz You can quit smoking 13 QUIT BEFORE IT IS TOO WARNING Many people who smoke develop LATE Tobacco smoke contains heart and lung disease and suffer ME WHAKAMUTU KEI many poisonous chemicals a reduced quality of life. Quit now RIRO KOE that cause fatal heart and save your life. Regulations 2021 attacks and lung diseases. (Quitline logo) For support to quit call 0800 778 778 or visit www.quit.org.nz You can quit smoking Version as at 20 March 2024 First warning (front face Second warning (side, Explanatory note and you can Item and back face)1 inside flap, or base) quit statement (back face) Graphic (front face and back face) Version as at 14 SMOKING CAUSES WARNING Smoking damages your gums. GUM DISEASE AND Tobacco smoke contains Smoking can destroy the gum, STINKING BREATH bones and tissue supporting your 20 March 2024 many poisonous chemicals KA PĀ TE MATE that cause stinking breath teeth and lead to tooth loss. PŪNIHO, KA HAUNGA and tooth loss. (Quitline logo) For support to TŌ HĀ I TE KAI PAIPA quit call 0800 778 778 or visit www.quit.org.nz You can quit smoking 1 The first warning must be displayed on the front face in English and on the back face in English and te reo Māori. Part 2 Message that must be displayed on cigar packages Smokefree Environments and Regulated Products Warning Explanatory note Graphic Item (Front face and back face)1 (Back face)2 (Front face)3 1 CIGAR SMOKE IS TOXIC Cigar smoke contains high concentrations of HE PAIHANA TE AUAHI HIKĀ toxins and irritants. Taking in this toxic mix can damage the body’s cells, resulting in many diseases including cancer, heart disease and respiratory disease. (Quitline logo) For support to quit call Regulations 2021 0800 778 778 or visit www.quit.org.nz 55 Schedule 2 56 Warning Explanatory note Graphic Item (Front face and back face)1 (Back face)2 (Front face)3 2 CIGAR SMOKING CAUSES LUNG Cigar smoking increases your risk of lung cancer Schedule 2 CANCER even if you do not inhale. Your lung cancer risk KA MATE PUKUPUKU Ā increases greatly if you inhale the smoke. PŪKAHUKAHU I TE MOMI HIKĀ (Quitline logo) For support to quit call 0800 778 778 or visit www.quit.org.nz 3 CIGAR SMOKING DAMAGES Cigar smoking damages your gums. Smoking YOUR TEETH AND GUMS cigars can destroy the gums, bones and tissues KA TŪKINO ŌU NIHO ŌU supporting your teeth and lead to tooth loss. PŪNIHO I TE MOMI HIKĀ (Quitline logo) For support to quit call 0800 778 778 or visit www.quit.org.nz Smokefree Environments and Regulated Products 4 CIGARS ARE NOT A SAFE Cigar smoking, particularly if you inhale, increases ALTERNATIVE TO CIGARETTES your risk of mouth and throat cancer, heart disease ĒHARA I TE MEA HE HAUMARU and lung disease. AKE TE HIKĀ KI TE HIKARETI (Quitline logo) For support to quit call 0800 778 778 or visit www.quit.org.nz Regulations 2021 Version as at 20 March 2024 Warning Explanatory note Graphic Item (Front face and back face)1 (Back face)2 (Front face)3 Version as at 5 DON’T LET CHILDREN BREATHE Cigar smoke is harmful. Smoking around your YOUR SMOKE children makes them more likely to suffer from serious and potentially fatal diseases like 20 March 2024 KAUA E TUKUA NGĀ TAMARIKI KIA NGONGO I TŌ AUAHI meningitis, pneumonia and asthma. HIKARETI (Quitline logo) For support to quit call 0800 778 778 or visit www.quit.org.nz 1 The warning must be displayed on the front face in English and te reo Māori and on the back face in English. 2 The explanatory note is not required for cigar tubes. 3 The graphic is not required for cigar tubes. Smokefree Environments and Regulated Products Part 3 Quitline logo Regulations 2021 57

Schedule 2 58 Schedule 3 Specifications and layout for required message Schedule 3 rr 9–14 Part 1 Tobacco packages containing cigarettes Item 1 Cigarette pack Face Front face Back face Side Content First warning (in English only) and graphic. First warning in English and te reo Māori, Second warning. explanatory note, you can quit statement, and graphic. Specifications The above content must— The above content, other than the you can The above content must cover the (a) cover at least 75% of the total area of the quit statement, must— total area of a side of the pack, Smokefree Environments and Regulated Products front face; and (a) cover at least 90% of the total area of except the area that forms part of the the back face; and flip-top. (b) be positioned parallel to, and as close as possible to, the top edge of the front face; (b) be positioned parallel to, and as close and as possible to, the top edge of the (c) extend as close as possible to the side back face; and edges of the front face. (c) extend as close as possible to the side The warning must cover the whole of the flip-top edges of the back face. portion. The you can quit statement must cover the Regulations 2021 No graphic is to be obscured when the flip-top lid remaining 10% of the total area of the back is closed. face. If the back outer surface has a fold line along which a flip-top bends when it is opened, the first warning that is in English must cover the area above the fold line. The graphic must be positioned directly Version as at below the first warning in English and te reo Māori. 20 March 2024 Layout Front layout 1 specified in Part 1 of Schedule 4. Back layout 1 specified in Part 1 of Schedule 4. Version as at Item 2 Vertical carton of cigarettes 20 March 2024 Face Front face Back face Side Content First warning (in English only) and graphic. First warning in English and te reo Māori, Second warning. explanatory note, you can quit statement, and graphic. Specifications The above content must— The above content, other than the you can The above content must cover 25% (a) cover at least 75% of the total area of the quit statement, must,— of the total area of a side of the front face; and (a) if the back face is partially obscured carton. (b) be positioned parallel to, and as close as by a seal,— possible to, the top edge of the front face; (i) cover as much of the and remainder of the back face as (c) extend as close as possible to the side practicable; and edges of the front face. (ii) in any case, cover at least Smokefree Environments and Regulated Products 90% of the remaining area of the back face; and (b) in any other case, cover at least 90% of the total area of the back face; and (c) be positioned parallel to, and as close as possible to, the longest edge of the back face; and (d) extend as close as possible to the side Regulations 2021 edges of the back face. The you can quit statement must cover the remaining 10% of the total area of the back face. If the back outer surface has a fold line along which a flip-top bends when it is opened, the first warning that is in English must cover the area above the fold line. 59 Schedule 3 60 The graphic must be positioned directly below the first warning in English and te reo Māori. Schedule 3 Layout Front layout 1 specified in Part 1 of Schedule 4. Back layout 1 specified in Part 1 of Schedule 4. Item 3 Horizontal carton of cigarettes Face Front face Back face Side Content First warning (in English) and graphic. First warning in English and te reo Māori, Second warning. explanatory note, you can quit statement, and graphic. Specifications The above content must— The above content, other than the you can The above content must cover 25% (a) cover at least 75% of the total area of the quit statement, must,— of the total area of a side of the front face; and (a) if the back face is partially obscured carton, except the area that forms by a seal,— part of the flip-top. (b) be positioned parallel to, and as close as possible to, the top edge of the front face; (i) cover as much of the Smokefree Environments and Regulated Products and remainder of the back face as (c) be positioned as close as possible to the practicable; and left-hand edge of the front face. (ii) in any case, cover at least 90% of the remaining area of the back face; and (b) in any other case, cover at least 90% of the total area of the back face; and (c) be positioned parallel to, and as close Regulations 2021 as possible to, the longest edge of the back face; and (d) extend as close as possible to the side edges of the back face. The you can quit statement must cover the remaining 10% of the total area of the back Version as at face. 20 March 2024 Layout Front layout 2 or 3 specified in Part 1 of Back layout 2 specified in Part 1 of Schedule Schedule 4. 4. Version as at Part 2 20 March 2024 Tobacco packages containing loose tobacco Item 1 Pouch Face Front face (the largest face of the pouch that is Back face (the face, comprising the flap, Inside flap not overlapped by the flap of the pouch) opposite to the front face) Content First warning (in English only) and graphic. First warning in English and te reo Māori, Second warning. explanatory note, you can quit statement, and graphic. Specifications For a front face with portrait orientation, the The above content must— The above content must be printed above content must— (a) cover at least 75% of the total area of within a rectangle measuring at least (a) cover at least 75% of the total area of the the back face; and 80 mm × 25 mm that is positioned— Smokefree Environments and Regulated Products front face; and (b) be positioned parallel to, and as close (a) in the centre of the inside (b) be positioned parallel to, and as close as as possible to, the top edge of the of the pouch, under the flap, possible to, the top edge of the front face; back face; and and as close as possible to and the top edge of the sealed (c) extend as close as possible to the side inner pouch; or (c) extend as close as possible to the side edges of the back face. edges of the front face. (b) in the centre of the inside surface of the flap that folds For a front face with landscape orientation, the over the back face. first warning and graphic must— Regulations 2021 (a) cover at least 75 % of the total area of the front face; and (b) be positioned parallel to, and as close as possible to, the top and left-hand sides of the front face. Layout For a front face with portrait orientation, front Back layout 3 specified in Part 1 of Schedule layout 1 specified in Part 1 of Schedule 4. 4 must be used if the front face has a portrait For a front face with landscape orientation, front orientation. layout 2 or 3 specified in Part 1 of Schedule 4. 61 Schedule 3 62 Back layout 2 specified in Part 1 of Schedule 4 must be used if the front face has a landscape orientation. Schedule 3 Part 3 Tobacco packages containing pipe tobacco Item 1 Cylindrical-shaped package with height of at least 41 mm Face Front face (the curved surface of the cylinder that Back face (the face of the cylinder that is Outer surface of base of package extends one-twelfth of the circumference of the opposite to the front face) package each side of the vertical centre line of the largest brand name appearing on that surface) Content First warning (in English) and graphic. First warning in English and te reo Māori, Second warning. explanatory note, you can quit statement, and graphic. Specifications The above content must— The above content must— The above content must cover at Smokefree Environments and Regulated Products (a) cover at least 75% of the total area of the (a) cover at least 75% of the total area of least 25% of the total area of the front face; and the back face; and outer surface of the base of the package. (b) be positioned parallel to, and as close (b) be positioned parallel to, and as close as possible to, the top edge of the front as possible to, the top edge of the face so that the first warning will not back face so that no part of the be obscured, severed, or obliterated when content will be obscured, severed, the package is opened. or obliterated when the package is opened. Regulations 2021 Layout Front layout 1 specified in Part 1 of Schedule 4. Back layout 1 specified in Part 1 of Schedule 4. Item 2 Cylindrical-shaped package or tin with height less than 41 mm Face Front face (the outer surface of the lid of the Back face (the outer face of the base of the Outer surface of base of package package or tin) package or tin) Version as at Content First warning (in English only) and graphic. First warning in English and te reo Māori, Second warning. explanatory note, you can quit statement, and graphic. 20 March 2024 Specifications The above content must— The above content must cover at least 60% of The above content must cover at (a) cover at least 60% of the total area of the the total area of the back face. least 25% of the outer surface of the Version as at front face; and base of the package. (b) be positioned parallel to the largest brand 20 March 2024 name on the front face. Part 4 Cigar packages Item 1 Package with hinged lid Face Front face (outer surface of lid) Back face (outer face of base) Content Warning in English and te reo Māori and graphic. Warning in English and explanatory note. Specifications The above content must cover at least 75% of the The above content must cover at least 75% total area of the front face. of the total area of the back face. Layout Front layout 1, 2, or 3 specified in Part 2 of Back layout 1 or 2 specified in Part 2 of Smokefree Environments and Regulated Products Schedule 4. Schedule 4. Item 2 Flip-top pack Face Front face Back face Content Warning in English and te reo Māori and graphic. Warning in English and explanatory note. Specifications The above content must cover at least 75% of the The above content must cover at least 75% total area of the front face. of the total area of the back face. Layout Front layout 1, 2, or 3 specified in Part 2 of Back layout 1 or 2 specified in Part 2 of Regulations 2021 Schedule 4. Schedule 4. Item 3 Soft pack Face Front face Back face Content Warning in English and te reo Māori and graphic. Warning in English and explanatory note. Specifications The above content must cover at least 75% of the The above content must cover at least 75% total area of the front face. of the total area of the back face. 63 Schedule 3 64 Layout Front layout 1, 2, or 3 specified in Part 2 of Back layout 1 or 2 specified in Part 2 of Schedule 4. Schedule 4. Schedule 3 Item 4 Rectangular- or square-shaped pack or tin Face Front face Back face Content Warning in English and te reo Māori and graphic. Warning in English and explanatory note. Specifications The above content must cover at least 75% of the The above content must cover at least 75% total area of the front face. of the total area of the back face. Layout Front layout 1, 2, or 3 specified in Part 2 of Back layout 1 or 2 specified in Part 2 of Schedule 4. Schedule 4. Item 5 Cigar bag Face Front face Back face Content Warning in English and te reo Māori and graphic. Warning in English and explanatory note. Specifications The above content must— The above content must— Smokefree Environments and Regulated Products (a) cover at least 75% of the total area of the (a) cover at least 75% of the total area of front face; and the front face; and (b) extend to the top and side edges of the (b) extend to the top and side edges of front surface; and the back surface; and (c) join without space between them. (c) join without space between them. Layout Front layout 1, 2, or 3 specified in Part 2 of Back layout 1 or 2 specified in Part 2 of Schedule 4. Schedule 4. Regulations 2021 Item 6 Other cigar packages1 Face Front face Back face Content Warning in English and te reo Māori and graphic. Warning in English and explanatory note. Specifications The above content must cover at least 75% of the The above content must cover at least 75% total area of the front face. of the total area of the back face. Version as at Layout Front layout 1, 2, or 3 specified in Part 2 of Back layout 1 or 2 specified in Part 2 of Schedule 4. Schedule 4. 20 March 2024 Item 7 Cigar tube Version as at Face Front face Content Warning in English and te reo Māori. 20 March 2024 Specifications The above content must— (a) cover at least 95% of the total length of the outer surface; and (b) be positioned lengthwise along the tube; and (c) extend to at least 60% of the circumference of the outer surface. 1 Item 6 describes the specifications and layout for any cigar package that is not covered by any of items 1 to 5 and 7. Smokefree Environments and Regulated Products Regulations 2021 65 Schedule 3 Smokefree Environments and Regulated Products Version as at Schedule 4 Regulations 2021 20 March 2024 Schedule 4 Diagram of layout of required message

Schedule 3 Part 1 Layout for tobacco packages containing tobacco products other than cigars Front layout 1 First warning in English Graphic Back layout 1 First warning in English First warning in te reo Māori Graphic Explanatory note You can quit statement 66 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Schedule 4 Front layout 2 First warning Graphic in English Front layout 3 First warning Graphic in English Back layout 2 First warning in English First warning in te reo Māori Graphic Explanatory note You can quit statement Back layout 3 First warning in English First warning in te reo Māori Graphic Explanatory note You can quit statement 67 Smokefree Environments and Regulated Products Version as at

Schedule 4 Regulations 2021 20 March 2024 Part 2 Layout for cigar packages Front layout 1 Warning in English Warning in te reo Māori Graphic Front layout 2 Warning in English Graphic Warning in te reo Māori Front layout 3 Warning in English Graphic Warning in te reo Māori 68 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Schedule 4 Back layout 1 Warning in English Explanatory note Back layout 2 Warning Explanatory in English note 69 Smokefree Environments and Regulated Products Version as at Schedule 4A Regulations 2021 20 March 2024 Schedule 4A Flavour names r 69A

Schedule 4A: inserted, on 21 September 2023, by regulation 15 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201). Category Flavour name Tobacco Tobacco Mint Menthol Mint Peppermint Spearmint Nuts and grains Almond Hazelnut Nut Oat Peanut Pecan Spice Cinnamon Clove Licorice Nutmeg Pepper Spice Coffee/tea Cappuccino Coffee Espresso Latte Tea Fruit Apple Banana Berry Blackberry Blueberry Cherry Citrus Coconut Grape Guava Kiwifruit Lemon Lime Lychee Mango Orange Passionfruit 70 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Schedule 4A Category Flavour name Peach Pear Pineapple Plum Pomegranate Raspberry Strawberry Tropical Watermelon Sweet and sour Caramel Chocolate Cream Custard Honey Sour Sweet Vanilla None Unflavoured 71 Smokefree Environments and Regulated Products Version as at Schedule 5 Regulations 2021 20 March 2024 Schedule 5 Product safety requirements for vaping products r 80(3) Part 1 Vaping substances Labelling 1 The labels of vaping substance containers must include the following informa‐ tion: (a) safety of use instructions (including storage, refilling, and disposal): (b) names and quantities (in mg) of the substance’s ingredients: (c) volume or weight of substance in the container (in mL or mg as appro‐ priate): (d) manufacturing batch number: (e) manufacturer’s name and contact details: (f) expiry date (as M/YY, MM/YY, M/YYYY or MM/YYYY): (g) the ratio of propylene glycol to vegetable glycerol (expressed as PG:VG or as a percentage): (h) for substances containing more than 3% alcohol, the words “contains alcohol”: (i) for substances containing nicotine, nicotine concentration in mg/mL: (j) for substances not containing nicotine, the words “non-nicotine” or “zero nicotine”. 1A Clause 1 applies to a single-use vaping device if the device is also the con‐ tainer, except for the requirement in clause 1(a) that a label of vaping substan‐ ces contains safety of use instructions in relation to refilling. Ingredients 2 A vaping substance must contain only the ingredients that the notifier submits in the product notification, in the amounts included in that notification, other than trace levels that are technically unavoidable during manufacture. 3 A vaping substance must not contain ingredients that could pose an unaccepta‐ ble risk to people’s safety in heated or unheated form when used as intended. 4 The notifier must make their own assessment of— (a) the safety of each ingredient in their product (and the fact that an ingre‐ dient is not prohibited by or under the Act does not mean it is safe for use in vaping substances); and 72 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Schedule 5 (b) the controls needed to ensure that their product does not pose an unac‐ ceptable risk to people’s safety. 5 If an additive other than a flavour is used in a vaping substance,— (a) a toxicological risk assessment for the use of the additive must be carried out; and (b) the notifier must, if requested by the Director-General under section 71 of the Act, be ready to provide reasons for the use of the additive in the vaping substance. Quality of vaping substance ingredients 6 Nicotine quality must comply with the United States Pharmacopeia (USP) or European Pharmacopoeia (Ph. Eur.) monograph. 7 The quality of propylene glycol, vegetable glycerol, and the acid of the nicotine salt must comply with the USP or Ph. Eur. monograph. 8 Alcohol (ethanol) quality must comply with the USP monograph for Alcohol or Alcohol 96%, or the Ph. Eur. monograph for Ethanol or Ethanol 96%. 9 Purified water quality must comply with the USP or Ph. Eur. monograph. 10 Tobacco extracts used for flavourings in vaping substances must not contain tobacco-specific nitrosamines in excess of the applicable limits in clause 13. 11 Flavours must be water-soluble, and flavours other than tobacco extracts must meet food standards in the Australia New Zealand Food Standards Code 2002. Substances that vaping substance must not contain 12 A vaping substance must not contain the following substances (including in flavours), subject to clause 13: (a) carcinogenic, mutagenic, reprotoxic substances (CMRs), including— (i) additives that have CMR properties in unburnt form: (ii) additives in quantities that increase, to a significant or measurable degree, the toxic or addictive effect or CMR properties of the product when it is consumed: (b) specific target organ toxicity (STOT-RE) Category 1 substances other than benzoic acid- nicotine salts: (c) respiratory sensitisers: (d) radioactive substances: (e) colouring substances: (f) any pharmacologically active substance (medicinal, psychoactive, nar‐ cotic, anabolic, or herbal) other than nicotine: (g) vegetable oils: (h) mineral oils: 73 Smokefree Environments and Regulated Products Version as at Schedule 5 Regulations 2021 20 March 2024 (i) additives and stimulant compounds that are associated with energy and vitality, including— (i) caffeine; and (ii) taurine: (j) glucuronolactone: (k) ethylene glycol: (l) diethylene glycol: (m) polyethylene glycol: (n) food or dietary supplements: (o) vitamins or other additives that create the impression there are health benefits or reduced health risks: (p) probiotics: (q) formaldehyde releasers, including— (i) quaternium: (ii) imidazolidinyl urea: (iii) diazolidinyl urea: (iv) 2-bromo-2-nitropropane-1,3-diol (or 2-bromo-2-nitro-1,3-pro‐ panediol): (v) dimethyl-dimethyl hydantoin (DMDM hydantoin): (vi) (benzyloxy)methanol (or phenylmethoxymethanol): (vii) 2-chloro-N-(hydroxymethyl)acetamide: (viii) hexahydro-1,3,5-tris(hydroxyethyl)-s-triazine: (ix) sodium hydroxymethylglycinate: (r) the following sugars and sweeteners: (i) glucose: (ii) sucrose: (iii) fructose: (iv) lactose: (v) maltose: (vi) saccharose: (vii) acesulfame potassium: (viii) aspartame: (ix) sodium saccharinate: (x) stevia: (s) the following preservatives: 74 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Schedule 5 (i) triclosan: (ii) phenoxyethanol: (iii) isothiazolinone: (iv) long-chain parabens, including isopropylparaben and its salts, iso‐ butylparaben, phenylparaben, benzylparaben, and pentylparaben. Note: Colouring substances are prohibited under section 68(3) of the Act. 13 Despite clause 12, a substance described in the first column of the following table may be present in trace levels in vaping substances only if— (a) its presence is technically unavoidable during manufacture; and (b) it does not exceed any of the applicable limits specified in the table. Limit value (no more than) Compounds Diacetyl (or 2,3-butane dione) 22 mg/L 22 ppm Pentane 2,3-dione (or acetylpropionyl) 22 mg/L 22 ppm Formaldehyde 22 mg/L 22 ppm Acrolein 22 mg/L 22 ppm Acetaldehyde 200 mg/L 200 ppm Ethylene glycol 1,000 mg/L 1,000 ppm Diethylene glycol 1,000 mg/L 1,000 ppm Metals Aluminium 12 mg/L 12 ppm Antimony 4 mg/L 4 ppm Arsenic 0.4 mg/L 0.4 ppm Cadmium 0.6 mg/L 0.6 ppm Chromium 0.6 mg/L 0.6 ppm Iron 12 mg/L 12 ppm Lead 1 mg/L 1 ppm Mercury 0.2 mg/L 0.2 ppm Nickel 1 mg/L 1 ppm Tin 12 mg/L 12 ppm Tobacco-specific nitrosamines Total TSNAs, including— 50 µg/L 0.05 ppm • N-nitrosonornicotine • N-nitrosoanatabine • N-nitrosoanabasine • 4-methyl-N-nitrosamino-1-(3- pyridyl)-1- butanone Nicotine 14 For a vaping substance that contains nicotine only in salt form and is intended for use in a reusable vaping device, the concentration of nicotine must not exceed 28.5 mg/mL. 75 Smokefree Environments and Regulated Products Version as at Schedule 5 Regulations 2021 20 March 2024 15 For all other vaping substances, the concentration of nicotine must not exceed 20 mg/mL. 16 The total nicotine content in a container of vaping substance sold at retail must not exceed 1,800 mg, whether it is present as free-base nicotine or nicotine salts. Containers 17 Plastics used for vaping substance containers must comply with the require‐ ments for packages in the Australia New Zealand Food Standards Code 2002. 18 Vaping substance containers must— (i) be protected against breakage and leakage; and (ii) have anti-spill or restricted-flow devices; and (iii) have child-resistant closures and tamper-evident measures unless the container is sealed and intended to be opened only within a vaping device. 19 A container of vaping substance sold at retail must not exceed 120 mL capacity unless the vaping substance contains zero nicotine. Schedule 5 clause 1A: inserted, on 21 September 2023, by regulation 16(1) of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201). Schedule 5 clause 14: replaced, on 21 September 2023, by regulation 16(2) of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201). Schedule 5 clause 15: replaced, on 21 September 2023, by regulation 16(2) of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201). Part 2 Vaping devices 19A A vaping device must have— (a) a child safety mechanism to prevent the vaping device from being acti‐ vated or accidentally operated by a child; and (b) a removable battery. 20 A vaping device must— (a) be safe and fit for purpose under normal use and conditions; and (b) comply with all relevant New Zealand legislation, including the Electri‐ city (Safety) Regulations 2010. 21 A vaping device must have a mechanism to ensure— (a) user safety; and (b) battery safety in the event of a short-circuit of the heating element. 22 A rechargeable vaping device must have a mechanism to prevent the battery from— 76 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Schedule 5 (a) being discharged below a safe voltage during use; or (b) being discharged faster than the battery can sustain safely. 23 A vaping device with an on-board charger must have circuitry to monitor the battery voltage and charging current, and limit these to safe levels. If multiple battery cells are in series, the cells must be monitored individually. 24 A vaping device must be able to deliver a dose of nicotine at consistent levels under normal conditions of use. 24A A single-use vaping device must display overall nicotine strength on its prod‐ uct label in mg/mL. 25 A vaping device must have a serial or batch number that allows the device to be traced to the time and place of its manufacture. 26 If a vaping device uses a wick that is silica-based,— (a) its emissions must be examined to ensure that needles or other danger‐ ous small particles are not being generated; and (b) if needles or other dangerous small particles are identified in emissions, the wicking material grade must be changed. Schedule 5 clause 19A: inserted, on 21 September 2023, by regulation 16(3) of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201). Schedule 5 clause 24A: inserted, on 21 September 2023, by regulation 16(4) of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201).

Schedule 5 clause 25: amended, on 21 September 2023, by regulation 16(5) of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201). Part 3 Vaping substance testing 28 A notifier must ensure that— (a) testing of vaping substances is conducted by a laboratory accredited to ISO/IEC 17025 (for example, International Accreditation New Zea‐ land (IANZ), ANSI National Accreditation Board (ANAB), or National Association of Testing Authorities (NATA) accreditation); and (b) testing methods used by the laboratory are fit for purpose and are valid‐ ated by the notifier. 29 For vaping substances that have a shelf life set at longer than 2 years, testing must include a stability programme to monitor the product over its shelf life. 77 Smokefree Environments and Regulated Products Version as at Schedule 6 Regulations 2021 20 March 2024 Schedule 6 Infringement notice r 81(1) Form Infringement notice Section 89, Smokefree Environments and Regulated Products Act 1990 Infringement notice No: Date of notice: Enforcement authority This infringement notice is issued by [enforcement officer, the enforcement authority, or other person authorised to issue an infringement notice]. Address for correspondence: Details of person infringement notice issued to Full name: Full address: †Date of birth: *†Gender: *†Occupation: *Telephone number: *Specify only if known. †Omit if the notice is served on a company or other body corporate. Details of alleged infringement offence The offence is one against [specify provision]. Date: Time: Place: Nature of alleged infringement: Infringement fee payable: Service details This infringement notice was served by [method of service] on [date]. Payment of infringement fee This infringement fee is payable within 28 days after [date infringement notice served]. This infringement fee may be paid to [name of enforcement authority] by [specify method(s)]. 78 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Schedule 6 What you need to know If you pay the infringement fee in full as shown above, no further action will be taken. For a more detailed statement of your rights, see below. This includes— • what happens if you are late paying the fee or don’t pay the fee at all (see paragraphs 4 to 6): • what to do if you want to query this notice (see paragraphs 8 to 14). Statement of rights If there is anything in this statement you do not understand, you should consult a lawyer. 1 This notice sets out an alleged infringement offence. Payments 2 If you pay the infringement fee in full as shown above in Payment of infringe‐ ment fee, no further enforcement action will be taken for the offence. Please note that unless you have an arrangement as described in paragraph 3, part payment of an infringement fee is not sufficient to avoid further enforcement action for the offence. 3 If the [name of enforcement authority] offers the ability to pay an infringement fee by instalments and you enter into an instalment arrangement,— (a) the time to pay will be agreed with the enforcement authority: (b) the enforcement action in paragraphs 4 to 6 may be taken if you default on a payment: (c) you can’t request a court hearing about the infringement offence (see paragraph 13). What happens if you do not pay on time 4 If you do not pay the infringement fee on time as shown above and do not request a hearing (see paragraph 8 for your ability to do this), you will be served with a reminder notice (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). Please note that in some circumstances if you do not receive a reminder notice you may still become liable to pay a fine and court costs as set out in paragraph 5. 5 If you do not pay the infringement fee and do not request a hearing within 28 days after being served with the reminder notice,— (a) the [name of enforcement authority] may, unless it decides to take no further action to require payment for the alleged offence, provide par‐ ticulars of the reminder notice for filing in the District Court; and (b) if so, you will become liable to pay court costs as well as a fine. 6 The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid. 79 Smokefree Environments and Regulated Products Version as at

Schedule 6 Regulations 2021 20 March 2024 Defence 7 You have a complete defence against proceedings for the alleged infringement offence if the infringement fee has been paid in full to [name of enforcement authority] in the manner specified in this notice before, or within 28 days after, a reminder notice for the alleged offence is served on you. Late payment or payment made in any other manner is not a defence. Further action you may take 8 You may— (a) ask [name of enforcement authority] to consider any matter relating to the circumstances of the alleged offence; or (b) deny liability for the alleged offence and request a court hearing; or (c) admit liability for the alleged offence, but have a court consider written submissions as to penalty or otherwise. 9 To take an action listed in paragraph 8, you must write to [name of enforcement authority] at the address shown on this notice. You must sign the written communication and it must be delivered within 28 days after you have been served with this notice, or within any further time that [name of enforcement authority] allows. 10 If, in your written communication to the enforcement authority referred to in paragraph 8, you deny liability for the alleged offence and request a court hear‐ ing, [name of enforcement authority] will serve you with a notice of hearing that sets out the place and time at which the court will hear the matter (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). Note: If the court finds you guilty of the offence, the court is entitled to take into account any maximum fine for the offence, and not just the infringement fee. So the court may impose a fine that is greater than the infringement fee. Also, if the court finds you guilty of the offence, costs will be imposed in addition to any penalty and you will be required to pay a hearing fee. You cannot get a conviction for an infringement offence. 11 If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you must, in your written communica‐ tion to the enforcement authority,— (a) request a hearing; and (b) admit liability for the offence; and (c) set out the submissions you wish the court to consider. 12 If you take the action in paragraph 11, [name of enforcement authority] will file your written communication with the court (unless [name of enforcement authority] decides to take no further action to require payment for the alleged 80 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Schedule 6 offence). If you follow this process, there will be no oral hearing before the court. Note: The court is entitled to take into account any maximum fine for the offence, and not just the infringement fee. So the court may impose a fine that is greater than the infringement fee. Also, costs will be imposed in addition to any penalty. You cannot get a conviction for an infringement offence. 13 If [name of enforcement authority] offers the ability to pay an infringement fee by instalments and you enter into an instalment arrangement, paragraphs 8(b) and (c) and 9 to 12 do not apply, and you are not entitled to request a hearing to deny liability or to ask the court to consider any submissions (as to penalty or otherwise). Contacting the enforcement authority 14 When writing, please specify— (a) the date of the alleged infringement offence; and (b) the infringement notice number; and (c) your full name and address for replies. Note: All correspondence regarding the infringement offence must be directed to [name of enforcement authority] at the address shown on this notice. Further details of your rights and obligations 15 Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957. 81 Smokefree Environments and Regulated Products Version as at Schedule 7 Regulations 2021 20 March 2024 Schedule 7 Reminder notice r 81(2) Reminder notice Section 89, Smokefree Environments and Regulated Products Act 1990 Reminder notice No: Date of notice: This notice is to remind you that you have been issued with an infringement notice. The details of the notice are as follows: Enforcement authority The infringement notice was issued by [name or number of authorised person]. Address for correspondence: Details of person to whom infringement notice issued Full name: Full address: †Date of birth: *†Gender: *†Occupation: *Telephone number: *Specify only if known. †Omit if the notice is served on a company or other body corporate. Details of alleged infringement offence The offence is one against [specify provision]. Date: Time: Place: Nature of alleged infringement: Infringement fee payable: Amount of infringement fee remaining unpaid: Service details (To be provided for filing in court.) Infringement notice served by [method of service] on [date]. Reminder notice served by [method of service] at [full address of service] on [date]. 82 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Schedule 7 Payment of infringement fee The infringement fee was payable to [name of enforcement authority] within 28 days after [date infringement notice served]. The infringement fee has not been paid. The last day for payment of the infringement fee is [date], being 28 days after the date of service of this notice. The infringement fee may be paid to [name of enforcement authority] by [specify method(s)]. What you need to know If you pay the infringement fee in full as shown above, no further action will be taken. For a more detailed statement of your rights, see below. This includes— • what happens if you are late paying the fee or don’t pay the fee at all (see paragraphs 3 and 4): • what to do if you want to query this notice (see paragraphs 6 to 12). Statement of rights If there is anything in this statement you do not understand, you should consult a lawyer. 1 You have not paid the infringement fee described in this notice, or asked for a hearing, within 28 days after you were served with the infringement notice. That is why you have been served with this reminder notice. Payments 2 If you pay the infringement fee in full within 28 days after you are served with this notice, no further enforcement action will be taken for the offence. Payments should be made to [name of enforcement authority] as shown above in Payment of infringement fee. What happens if you do not pay on time 3 If you do not pay the infringement fee on time as shown above and do not request a hearing (see paragraph 6 for your ability to do this), you will become liable to pay court costs as well as a fine (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). 4 The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid. Defence 5 You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid in full to [name of enforcement authority] in the manner specified in this notice before, or within 28 days after, 83 Smokefree Environments and Regulated Products Version as at

Schedule 7 Regulations 2021 20 March 2024 this reminder notice is served on you. Late payment or payment made in any other manner is not a defence. Further action you may take 6 You may— (a) ask [name of enforcement authority] to consider any matter relating to the circumstances of the alleged offence; or (b) deny liability for the alleged offence and request a court hearing; or (c) admit liability for the alleged offence but have a court consider written submissions as to penalty or otherwise. 7 To take an action listed in paragraph 6, you must write to [name of enforcement authority] at the address shown on this notice. You must sign the written communication and it must be delivered within 28 days after you have been served with this notice, or within any further time that [name of enforcement authority] allows. 8 If, in your written communication to the enforcement authority referred to in paragraph 7, you deny liability for the alleged offence and request a court hear‐ ing, [name of enforcement authority] will serve you with a notice of hearing that sets out the place and time at which the court will hear the matter (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). Note: If the court finds you guilty of the offence, the court is entitled to take into account any maximum fine for the offence, and not just the infringement fee. So the court may impose a fine that is greater than the infringement fee. Also, if the court finds you guilty of the offence, costs will be imposed in addition to any penalty and you will be required to pay a hearing fee. You cannot get a conviction for an infringement offence. 9 If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you must, in your written communica‐ tion to the enforcement authority,— (a) request a hearing; and (b) admit liability for the offence; and (c) set out the submissions you wish the court to consider. 10 If you take the action in paragraph 9, [name of enforcement authority] will file your written communication with the court (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). If you follow this process, there will be no oral hearing before the court. Note: The court is entitled to take into account any maximum fine for the offence, and not just the infringement fee. So the court may impose a fine that 84 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Schedule 7 is greater than the infringement fee. Also, costs will be imposed in addition to any penalty. You cannot get a conviction for an infringement offence. 11 If [name of enforcement authority] offers the ability to pay an infringement fee by instalments and you enter into an instalment arrangement, paragraphs 6(b) and (c) and 7 to 10 do not apply, and you are not entitled to request a hearing to deny liability or to ask the court to consider any submissions (as to penalty or otherwise). Contacting the enforcement authority 12 When writing, please specify— (a) the date of the alleged infringement offence; and (b) the number of this reminder notice; and (c) your full name and address for replies. Note: All correspondence regarding the infringement offence must be directed to [name of enforcement authority] at the address shown on this notice. Further details of your rights and obligations 13 Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957. 85 Smokefree Environments and Regulated Products Version as at Schedule 8 Regulations 2021 20 March 2024 Schedule 8 Fees r 82 Column 1 Column 2 Column 3 Column 4 Amount ($) Fee payer Fee When fee payable (excl GST) Notifier For each product When notifying, and 50 notification every anniversary of that notification Applicant to be a specialist For each application to On application 1,600 vape retailer be a specialist vape retailer Applicant to be a specialist For each specified retail On application 600 vape retailer premises to which the application relates Applicant to be a specialist For each specified On application 600 vape retailer Internet site to which the application relates Specialist vape retailer For each retail premises When applying for 600 applying for additional retail or specified Internet site additional specified retail premises or Internet site to be sought to be included in premises to be included included in approval approval or for specified Internet site to be included Smoked tobacco distributors, Notification fee When notifying, and 80 general vape retailers, and every anniversary of that retailers of other notifiable notification products Schedule 8: amended, on 6 March 2024, by section 40 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).

Schedule 8: amended, on 21 September 2023, by regulation 17 of the Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201). 86 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Schedule 9 Schedule 9 Forms of return r 84(1), (3) Form 1 Annual return for tobacco products (other than smokeless tobacco products) Business name: Business type: manufacturer/importer* *Delete as appropriate Calendar year: Product class: cigarettes/cigarette tobacco/pipe tobacco/cigars/other [specify]* *Delete as appropriate Product details: (a) weight of ingredients in total by product class: (b) weight of additives in total by product class: (c) list of additives and quantities not exceeded for each brand and brand variants in this return: Common botanical or Quantity not exceeded Brand and brand variant chemical name (percentage by weight) (d) brand information: Brand and brand variant Quantity released for sale Price (see note) I, [full name] of [address], [position held], certify that the information contained in/and attached to* this return is correct for the purposes of the Smokefree Environ‐ ments and Regulated Products Regulations 2021. *Delete as appropriate Place: Date: Note: Price sheets supplied by the manufacturer or importer to retailers during the year listing recommended prices for each brand and brand variant or an equiva‐ lent list may be attached to the return instead of being included above. 87 Smokefree Environments and Regulated Products Version as at Schedule 9 Regulations 2021 20 March 2024 Form 2 Herbal smoking products Business name: Business type: manufacturer/importer* *Delete as appropriate Calendar year: Product class: herbal cigarettes/dry herbal mix/herbal shisha/other [specify]* *Delete as appropriate Product details: (a) weight of ingredients in total by product class: (b) weight of additives in total by product class: (c) list of additives and quantities not exceeded for each brand and brand variants in this return: Common botanical or Quantity not exceeded Brand and brand variant chemical name (percentage by weight) (d) brand information: Brand and brand variant Quantity released for sale Price (see note) I, [full name] of [address], [position held], certify that the information contained in/and attached to* this return is correct for the purposes of the Smokefree Environ‐ ments and Regulated Products Regulations 2021. *Delete as appropriate Place: Date: Note: Price sheets supplied by the manufacturer or importer to retailers during the year listing recommended prices for each brand and brand variant, or an equivalent list, may be attached to the return instead of being included above. 88 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Schedule 9 Form 3 Annual return for notifiable products Business name: Notifier type: manufacturer/importer* *Delete as appropriate Calendar year: Product class: vaping device/vaping substance/smokeless tobacco product/kit/other [specify]* *Delete as appropriate EAN/UPC: Brand: Variant: PG:VG ratio: [specify if applicable] Product details: Nicotine strength Container size RRP ($) Quantity sold Total sales ($) I, [full name] of [address], [position held], certify that the information contained in/and attached to* this return is correct for the purposes of the Smokefree Environ‐ ments and Regulated Products Regulations 2021. *Delete as appropriate Place: Date: Schedule 9 form 3: amended, on 6 March 2024, by section 41(1) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 89 Smokefree Environments and Regulated Products Version as at Schedule 9 Regulations 2021 20 March 2024 Form 4 Annual return for specialist vape retailers Business name: Calendar year: Store type: approved vaping premises/approved Internet site [specify]* *Delete as appropriate Address: [specify physical address or URL] Part A—Sales revenue Total sales (vaping products): $ [specify] Total sales (other products): $ [specify] Part B—Sales volumes Product class: vaping device/vaping substance/smokeless tobacco product/kit/other [specify]* *Delete as appropriate EAN/UPC: Brand: Variant: PG:VG ratio: [specify if applicable] Product details: Nicotine Total value of strength Container size RRP ($) Quantity sold sales ($) I, [full name] of [address], [position held], certify that the information contained in/and attached to* this return is correct for the purposes of the Smokefree Environ‐ ments and Regulated Products Regulations 2021. *Delete as appropriate Place: Date: Schedule 9 form 4: amended, on 6 March 2024, by section 41(1) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 90 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Schedule 9 Form 5 Annual return (sales-related information) for retailers of regulated products other than specialist vape retailers Business name: Account number for Ministry database (if available and applicable): NZ Business Number: Calendar year: Product class: smoked tobacco/vaping device/vaping substance/kit/smokeless tobacco product/cigars/herbal cigarettes/dry herbal mix/herbal shisha/other [specify]* *Delete as appropriate Information about products sold (for each product sold): Nicotine Container Product strength (if size (if Quantity class EAN/UPC Brand Variant applicable) applicable) sold I, [full name] of [address], [position held], certify that the information contained in/and attached to* this return is correct for the purposes of the Smokefree Environ‐ ments and Regulated Products Regulations 2021. *Delete as appropriate Place: Date:

Schedule 9 form 5: inserted, on 6 March 2024, by section 41(2) of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6). 91 Smokefree Environments and Regulated Products Version as at Schedule 10 Regulations 2021 20 March 2024 Schedule 10 Forms of report r 84(2) Form 1 Annual report for tobacco products (other than smokeless tobacco products) Business name: Business type: manufacturer/importer* Laboratory:* Calendar year:* *Delete as appropriate Product: Tar Nicotine CO Brand and brand variant mean CI† mean CI† mean CI† †CI = 95% confidence interval I, [full name] of [address], [position held in testing laboratory], certify that the report correctly records the results of all tests carried out at the laboratory at [location] by or on behalf of [name of manufacturer or importer] during [year] for the purposes of section 56/section 57* of the Smokefree Environments and Regulated Products Act 1990. *Delete as appropriate Place: Date: 92 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Schedule 10 Form 2 Annual report for herbal smoking products Business name: Business type: manufacturer/importer* Laboratory:* Calendar year:* *Delete as appropriate Product class: herbal cigarettes/dry herbal mix/herbal shisha/other [specify]* Test: product/emissions/other [specify]* *Delete as appropriate Test results: Quantity Brand and brand variant Constituent (mean CI†) †CI = 95% confidence interval I, [full name] of [address], [position held], certify that the information contained in/and attached to* this return is correct for the purposes of the Smokefree Environ‐ ments and Regulated Products Regulations 2021. *Delete as appropriate Place: Date: Schedule 10 form 2: amended, on 1 January 2023, by section 67 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79). 93 Smokefree Environments and Regulated Products Version as at

Schedule 10 Regulations 2021 20 March 2024 Form 3 Annual report for notifiable products Business name: Business type: manufacturer/importer* Laboratory:* Calendar year:* *Delete as appropriate Product class: vaping device/vaping substance/smokeless tobacco product/other [spe‐ cify]* Test: product/emissions/other [specify]* *Delete as appropriate Test results: Quantity Brand and brand variant Nicotine strength Ingredient (mean CI†) †CI = 95% confidence interval I, [full name] of [address], [position held], certify that the information contained in/and attached to* this return is correct for the purposes of the Smokefree Environ‐ ments and Regulated Products Regulations 2021. *Delete as appropriate Place: Date: Michael Webster, Clerk of the Executive Council. Issued under the authority of the Legislation Act 2019. Date of notification in Gazette: 10 August 2021. 94 Version as at Smokefree Environments and Regulated Products 20 March 2024 Regulations 2021 Notes Notes 1 General This is a consolidation of the Smokefree Environments and Regulated Products Regulations 2021 that incorporates the amendments made to the legislation so that it shows the law as at its stated date. 2 Legal status A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presump‐ tion applies unless the contrary is shown. Section 78 of the Legislation Act 2019 provides that this consolidation, pub‐ lished as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version. 3 Editorial and format changes The Parliamentary Counsel Office makes editorial and format changes to con‐ solidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations. 4 Amendments incorporated in this consolidation Smokefree Environments and Regulated Products Amendment Regulations 2024 (SL 2024/19) Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6): Part 2, sub‐ part 2 Smokefree Environments and Regulated Products Amendment Regulations 2023 (SL 2023/201) Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79): Part 2 subpart 2 Wellington, New Zealand: Published under the authority of the New Zealand Government—2024 95