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Vaping illegal in workplaces

It is now illegal to vape in any legislated smokefree area. This includes inside workplaces.

New legislation means that vaping and similar smokeless tobacco products are banned in all smokefree environments, such as bars, restaurants and indoor workplaces.  Vaping will also be prohibited on some transport services and in certain venues.

The Smokefree Environments and Regulated Products Act 1990 came into effect on 11 November 2020.

Employers must take all reasonably practicable steps to ensure that no person vapes inside at any time in a workplace.

The new law also:

• bans the sale of vaping products to those under the age of 18
• prohibits advertising the products.

Further changes will be introduced in 11 May 2021 that will restrict colouring substances, and from 11 August 2021 shops like dairies, supermarkets and petrol stations are restricted to mint, menthol and tobacco. Specialist vaping stores can sell all flavours.

The new laws also set up a system for manufacturers and importers to notify their products before they can be sold (effective 11 February 2022).

The Act strikes a balance between ensuring vaping products are available for smokers who want to switch to a less harmful alternative and ensuring these products aren’t marketed or sold to young people.

More detailed information and guidance on the Smokefree Environments and Regulated Products Act can also be found on the Ministry of Health's website.

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