With the publishing of the draft consultation, New Zealand moves closer to regulating e-cigarettes, e-liquids and other vape products.
Upon review of the official document, it appears the government of New Zealand will adopt a similar regulatory framework as the European Union, at least, in terms of notification requirements. That is to say, manufacturers will be required to notify e-cigarettes, e-liquids and vape products to the government in advance of sale in the market.
Within the draft legislation, the notification requirements are outlined under Subpart 4—Notification of e-cigarette products.
Requirements are as follows:
41 AN No e-cigarette product to be supplied without notification
No manufacturer or importer may supply an e-cigarette product until—
(a) they have notified the product in accordance with section 41AO; and
(b) they have paid the prescribed fee (if any).
41 AO Notification of e-cigarette products
(1) A manufacturer or importer who supplies or intends to supply an e-cigarette
product in New Zealand must notify the Director-General in accordance with
(2) Notification under subsection (1) must be in the prescribed form and contain
the following information (so far as relevant to the product concerned):
(a) the name and contact details of the person who manufactures the product, the importer (if applicable) and, if neither is based in New Zealand, a responsible person in New Zealand (a responsible New Zealand person):
(b) a list of all ingredients contained in, and emissions resulting from the use of, the product by brand and variant name, including quantities:
(c) toxicological data regarding the product’s ingredients (including in heated form) and emissions, referring in particular to their effects on the health of consumers when inhaled and taking into account, amongst other things, any addictive effect:
(d) information on the nicotine dose and uptake when consumed under normal or reasonably foreseeable conditions:
(e) a description of the components of the product including, where applicable, the opening and refill mechanism of the e-cigarette or refill container:
(f) a description of the production process and a declaration that the production process ensures conformity with the requirements of this Part:
(g) a declaration that the responsible New Zealand person bears full responsibility for the quality and safety of the product when supplied and used under normal or reasonably foreseeable conditions.
Given the similarities in the regulations between the New Zealand vape notification requirements and those in the EU, we are well placed to offer our notification experience and UKAS accredited testing services to manufacturers to help them prepare. Get in touch to learn more.
We are a London-based regulatory affairs consultancy providing services to the biocide, CBD, e-cigarette, cosmetic and pharmaceutical industry. We help e-cigarette companies comply with the Tobacco Products Directive and pharmaceutical companies obtain and maintain medical product licences. We also offer UKAS accredited biocide and CBD analytical testing services.
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