Smokefree Law in New Zealand

Information for retailers

Tobacco product retailers were affected by a number of changes from 10 December 2004. These changes were due to amendments to the Smoke-free Environments Act 1990.

In this section:

Restrictions for tobacco display at a point of sale

Ban on sale and supply of smoking products to people under 18

Ban on smoking in the workplace

Resources

Frequently asked questions (FAQs)

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Restrictions for tobacco display at a point of sale

The display of tobacco products at each ‘point of sale’ is limited to a maximum of 100 packages and 40 cartons, unless the retailer’s place of business is a specialist tobacconist (see Display provisions for cigars and specialist tobacconists).

The following restrictions are also in force:

• there is a limit of two packages of the same kind (no block displays)
• the packaging and sale of tobacco products with other products at a single price or a reduced price is prohibited
• tobacco products may not be made available free of charge or with some kind of inducement or ‘reward’, or at a reduced rate other than a normal trade discount
• tobacco products may not be displayed on a counter top or similar surface, whether at point of sale or not
• tobacco products may not be displayed within one metre of ‘children’s products’ such as confectionery and ice cream, soft drinks, and products that are marketed primarily for children
• if tobacco products are displayed within two metres of a point of sale, a ‘Smoking kills’ sign must be displayed in clear view of the customer at the point of sale (the Ministry of Health supplies free signage)
• the maximum face size of any displayed tobacco product may not exceed the following dimensions:
  • package 66cm2
  • pouch pack 105cm2
  • carton 266cm2.

For a detailed explanation of these requirements, see the Tobacco display guidelines. Email EmailMOH@moh.govt.nz for a copy.

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Ban on sale and supply of smoking products to people under 18

· The sale of cigarettes, tobacco, toy tobacco products and herbal smoking products to people under 18 years of age is prohibited.

• The supply of cigarettes and tobacco products (in public places) to people under 18 is prohibited, for example, buying cigarettes on behalf of, or for, young people and giving the cigarettes to people under 18 outside the shop.
• Retailers selling cigarettes, tobacco or herbal smoking products must display a sign stating that the sale of cigarettes, tobacco and herbal smoking products to people under 18 years of age is prohibited.
• Repeat offenders of sale offences relating to those under 18 may be ordered by the courts not to sell any tobacco products for up to three months.

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Ban on smoking in the workplace

Retailers are covered by changes to the Act that ban smoking in internal workplaces, including in cafeterias, corridors, lifts, stairwells, toilets, workrooms stairwells, toilets, workrooms and other internal areas associated with the workplace.

For more information, contact a Smokefree Officer at your local public health service.

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Resources

A number of resources have been developed to assist retailers to understand their obligations under the changes to the legislation.

Pamphlets can be downloaded from this site, while pamphlets, signs and stickers can be ordered from your. local health education resource provider. If there is not a local health education resource provider in your area, contact a Smokefree Officer at your local public health service.

The following resources are particularly relevant to retailers:

Display restrictions in retail premises: an overview pamphlet

Counting tabacco packages and cartons for display pamphlet

Display provisions for cigars and specialist tabacconists pamphlet

Smoking kills sign

Sale and supply of smoking products to under 18s pamphlet

Please don't ask if you're under 18 sticker (relating to sale/supply of herbal smoking products)

Please don't ask if you're under 18 sticker (relating to sale/supply of tobacco products)

Open and internal areas – Information for workplaces and licensed premises pamphlet

General guide to Smoke-free Environments Act 1990

Changes to the Smoke-free Environments Act: Workplaces (under development)

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FAQs

What key changes will there be to youth access to smoking products in New Zealand?

Who/ what places will be affected by the youth access restrictions?

What may retailers not sell to people under 18?

Why ban sales of herbal cigarettes to under 18s, when the product doesn't contain tobacco?

How do retailers protect themselves against children claiming they are 18 or over?

What can happen to retailers who repeatedly sell smoking products to people under 18?

Can children under 18 be prosecuted for trying to buy cigarettes?

Why should retailers be the only ones who are prosecuted, when adults buy cigarettes to give to young people?

Are there exceptions to the ban on giving children cigarettes?

What changes will there be for cigarette vending machines?

What key changes will there be to the regulation of smoking products/ consumer information in New Zealand?

Who/which places will be affected by the regulation of smoking products?

How many cigarette packages will retailers be able to display, and how will they be counted?

What does a ban on 'co-packaging' mean?

How do the display restrictions apply to a specialist tobacconist?

What does 'future regulations' mean, and when do they come into effect?

What are future regulations under these changes likely to cover?

How may these future regulations affect consumers (current or potential smokers)?

Could there be future regulations to further restrict tobacco display restrictions?

What does 'herbal smoking product' mean?

What provisions are there for herbal smoking products?

Page last updated December 2006.