The South Australian government has announced it will begin an eight-week crackdown on the illegal sale of nicotine e-cigarettes. Sa Health compliance officers will visit businesses selling e-cigarettes, including convenience stores, petrol stations and hairdressers, to check if licence holders meet the new conditions.
“Containing” electronic cigarettes are illegal products
The first round of inspections will focus on making sure companies are aware of the new conditions and are targeting products known to contain nicotine. The next round of inspections will be aimed at companies to check whether they have the necessary evidence that their products are nicotine-free.
The strict new licensing conditions make it clear that the sale of nicotine-containing e-cigarettes is illegal and require retailers to provide evidence that the e-cigarette products sold are nicotine-free. Retailers are also required to provide information about their e-cigarette suppliers, importers or manufacturers in order to trace the products.
The crackdown over the past year has resulted in the seizure of 15,000 illegal nicotine e-cigarettes, including from unlicensed premises, as well as 17 fines and the cancellation of three permits.
Sa Health will inspect various industries that currently hold licences, including many that have been the subject of compliance actions or complaints.
Companies that violate the new licensing conditions may receive penalties such as warnings, fine notices, product seizures or prosecution, which will be determined on an individual basis.
Since the announcement of the new conditions on June 8, 2023, approximately 1,800 current and former license holders have received information packs containing detailed instructions on the new conditions.
To help licence holders comply with the new conditions, information is also provided about nicotine-containing products found in other states listed on the Australian Medicines Administration website.
These new licensing conditions are designed to crack down on the illegal sale of nicotine-containing e-cigarettes across industries in South Australia. For now, these new conditions are temporary measures while the federal government works on plans to stop the import of over-the-counter e-cigarettes and ban their sale in retail locations and single-use e-cigarettes.
The vast majority of disposable e-cigarettes are products containing nicotine
Sa Health is increasingly aware that laws introduced in October 2021, which classify nicotine-containing e-cigarette products as prescription only and prohibit the sale of nicotine-containing e-cigarettes without a prescription, are not being complied with.
Many e-cigarette products do not list nicotine as an ingredient on their packaging, however laboratory tests have confirmed that the majority of single-use e-cigarettes sold in Australia do contain nicotine.
To ensure that e-cigarette products are nicotine-free, under the new licensing conditions, licensed retailers must:
Immediately stop selling, supplying, possessing or storing e-cigarette products containing nicotine;
Obtain and retain evidence from suppliers that their non-nicotine e-cigarette products are indeed nicotine free;
If the supplier is unable or unwilling to provide written documentation confirming that the e-cigarette is nicotine free, laboratory tests must be conducted;
Keep relevant documentation to trace suppliers, importers or manufacturers of their products;
Train staff and provide adequate oversight of the Tobacco and e-Cigarette Products Act (TEP Act), Controlled Substances Act 1984 and other relevant laws;
Display the TEP Act Permit, including the conditions therein, in a prominent position on the premises.
Any licensed retailer who violates the licensing conditions will face a fine of up to $10,000. Any individual or retailer found to be selling or supplying e-cigarette products or tobacco without a license could face fines of up to $20,000.
References:
【1】Vaping blitz starts today targeting illegal sales