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Tobacco and Vape Control

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Tobacco, Vape and Regulated Product Control – Smokefree Environments & Regulated Products Act 1990​

 

Smokefree Environments and Regulated Products – Compliance and Enforcement

The Smokefree Environments and Regulated Products Act 1990 (the Act) is the legislation that aims to:
• Reduce the exposure of non-smokers to second-hand smoke
• To prevent the normalisation of vaping
• Regulate and control the marketing, advertising and promotion  
   of regulated products in order to improve public health
• Restrict access to regulated products by people under 18
• To support smokers to switch to regulated products that 
   are significantly less harmful than smoking
• To regulate the safety of vaping products and smokeless tobacco 
   products
• Promote a smoke-free lifestyle

Smokefree Enforcement Officers

MidCentral DHB Public Health employ Smokefree Enforcement Officers who investigate complaints in relation to the following matters:
• Smoking and vaping in workplaces
• Smoking and vaping in all hospitality venues and certain public places, 
   such as licensed premises
• Smoking and vaping in schools, Kura and early childhood centres
• The sale of toy tobacco products
• Sale and supply of tobacco, herbal and vaping products to anyone 
   under 18 years old
• The retail display of tobacco and vaping products
• The advertising of tobacco and vaping products

Smokefree and Vapefree Places, selling products to under 18 year olds, display of regulated products

• Smoking and vaping is prohibited in the buildings and grounds of all 
   schools and early childhood centers. 
• Smoking and vaping is prohibited in all workplaces. 
• Smoking and vaping inside licensed premises (bars, restaurants, cafes, 
   sports clubs, casinos) is prohibited, and only permitted in areas that 
   are considered to be an open area. 
• ​It is illegal to sell tobacco, vapes or other regulated products to anyone
   under the age of 18 years.
• Prohibits the display of tobacco, herbal smoking products and smokeless tobacco products (inside or outside) at any retail premises. 

The Public Health Service conduct 'controlled purchase operations' (CPOs) on premises who sell tobacco, vapes and other regulated products. CPOs involve volunteers under 18 years who attempt to purchase regulated products. This is a way to educate and teach regulated product retailers to ask for and check identification of anyone purchasing tobacco, vapes and other regulated products.

Complaints

If you wish to make a complaint about a possible breach of the Smokefree Environments and Regulated Products Act 1990, please contact a Smokefree Enforcement Officer on (06) 350 9110 or publichealthops@midcentraldhb.govt.nz. For an investigation to proceed the following information must be provided:
• Name and address of retailer/premises/workplace
• A brief description of incident/breach
• Date and time of incident/s
• Witness name and contact details
• Proof of the event (such as photos or video evidence)

The complainant/witness may be required to attend a court hearing at a future date should the complaint lead to a prosecution under the Smokefree Environments and Regulated Products Act 1990.

You can read more about Smokefree Enforcement, and view the Smokefree Environments and Regulated Products Act 1990 from Ministry of Health. You can also download various smokefree pamphlets from HealthEd.​


To Sell? or Not to Sell Tobacco Products? That is the question

It’s your choice about whether or not you sell tobacco products. Have you ever thought about not selling tobacco products? Are you paying a lot of money up front to stock tobacco, or perhaps your tobacco sales have been declining over the years? Maybe you are worried about being the target of burglaries. There are already a number of Tobacco Free Retailers within the MidCentral and Whanganui DHB districts. 

Public Health can support you to become a tobacco free retailer and join the growing number of retailers in New Zealand who don’t sell tobacco. There are plenty of benefits, including helping your community to be healthier and attracting new customers.

​To report a complaint, enquiry or for tobacco retailer or vape retailer queries contact:


Smokefree Enforcement Officer 
Palmerston North and Whanganui
Public Health Service, MidCentral District Health Board
Phone 06 350 9110 or publichealthops@midcentraldhb.govt.nz  

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