The Malinauskas Labor Government is imposing tougher licence conditions to help stamp out the illegal sale of nicotine vapes, combined with a two-month enforcement blitz targeting the sale of nicotine.
The stringent new licence conditions will make clear that selling nicotine e-cigarettes is already illegal and will require retailers to show proof that vaping products being sold are nicotine-free. Retailers will also need to provide information about their e-cigarette suppliers, importers or manufacturers, that will enable products to be traced.
Retailers are being put on notice with a month’s warning before the new conditions, under the Tobacco and E-Cigarette Products Act (TEP Act), come into force on 10 July 2023.
To coincide with the new conditions, retailers will be targeted under a two-month enforcement blitz.
SA Health authorised health officers will conduct random visits on retailers that sell vapes including convenience stores, service stations and barber shops.
Previous enforcement blitzes over the past year have resulted in the seizure of about 15,000 illegal nicotine vapes, including from unlicensed premises, as well as 17 fines issued and three licences cancelled.
The new conditions are an interim measure, while the Federal Government works through its plans to stop the importation of non-prescription e-cigarettes and the banning of vapes in retail settings and single-use disposable vapes, announced last month.
SA Health has become increasingly aware of non-compliance with laws introduced in October 2021 that classify nicotine vaping products as prescription-only medicines and prevent the sale of nicotine-containing e-cigarettes without a prescription.
Many vaping products do not list nicotine as an ingredient on the packaging, however, laboratory testing has confirmed nicotine is present in the majority of disposable vapes sold in Australia.
To ensure vaping products are nicotine-free, licence holders under the TEP Act must:
*Immediately cease selling, supplying, possessing or storing nicotine vaping products.
*Obtain and maintain proof from suppliers that their non-nicotine vaping products are in fact nicotine-free.
*Arrange laboratory testing if their supplier cannot or will not provide written documentation confirming the vapes do not contain nicotine.
*Maintain relevant documentation of the supplier, importer or manufacturer that enables their products to be traced.
*Train staff and provide adequate supervision on requirements of the TEP Act, Controlled Substances Act 1984 and other relevant legislation.
*Display their TEP Act licence, including the conditions in a visible place on the premises.
Any licensed retailer found breaching the conditions risks penalties of up to $10,000.
Any person or retailer found selling or supplying e-cigarette products or tobacco without a licence faces penalties of up to $20,000.
Information packs outlining the new measures will be sent to retailers.
For more information visit www.sahealth.sa.gov.au/tobaccolaws.
Quotes
Attributable to Chris Picton
These strict new conditions are designed to keep illegal nicotine vapes out of retail outlets and out of the hands of South Australians, especially children.
I am really concerned about the alarming rates of young people becoming addicted to vapes, with parents regularly contacting my office about the problem.
Data shows the prevalence of young people using vapes has jumped from one per cent to nearly 8 per cent in the past five years.
Many e-cigarettes, particularly the disposable variety, are not labelled as containing nicotine when in fact they do contain nicotine - often in very high concentrations.
It is important that all retailers are accountable for what they are selling, and these changes will help SA Health to regulate nicotine vaping products until the Commonwealth Government’s national ban on nicotine vapes comes into effect.
Attributable to SA Health, Health Protection and Licensing Services Executive Director, Dr Chris Lease
While a licence under the Tobacco and E-Cigarette Products Act is required to sell non nicotine-containing e-cigarette products, it does not permit the sale of nicotine vaping products of any kind.
We are aware that nicotine vaping products are being sold in a variety of businesses across South Australia such as convenience stores, service stations and barber shops.
It is important for retailers to know that it is illegal to sell any nicotine vaping products in South Australia unless you are the holder of a licence under the Controlled Substances Act (such as a pharmacy) and the purchaser is in possession of a valid prescription.
This compliance blitz will target a range of business types and anyone selling e-cigarettes of any kind should take immediate steps to ensure their compliance with the relevant legislation, and the conditions of any licences held.
Retailers found to be in breach will face significant penalties. We urge all licence holders to familiarise themselves with the changes so they can comply with them when they take effect from 10 July 2023.
