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Thread: New NSW legislation effective 01/07 banning display of 'non-tobacco smoking products'

  1. #1
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    New NSW legislation effective 01/07 banning display of 'non-tobacco smoking products'

    "Section 9 of the Public Health (Tobacco) Act 2008 prohibits the display
    of tobacco products, non-tobacco smoking products and smoking
    accessories from 1 July 2013.

    All tobacco retailers must comply."

    http://www.health.nsw.gov.au/tobacco...of-tobacco.pdf

    Can anybody clarify if electronic cigarettes fall under 'non-tobacco smoking products'?

  2. #2
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    Quote Originally Posted by Grivetech View Post
    "Section 9 of the Public Health (Tobacco) Act 2008 prohibits the display
    of tobacco products, non-tobacco smoking products and smoking
    accessories from 1 July 2013.

    All tobacco retailers must comply."

    http://www.health.nsw.gov.au/tobacco...of-tobacco.pdf

    Can anybody clarify if electronic cigarettes fall under 'non-tobacco smoking products'?
    I suppose that the argument could be made that as there is no combustion of "non-tobacco" it should not apply. Though I suspect the cost of proving that in court would be ruinous for most vape gear retailers...

    EDIT: I guess Im just selling leather [strike]tobacco[/strike] pouches now
    Last edited by KamaKaZzie; 11-06-13 at 06:18 PM.

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    I wonder if that means that the chemist and wollies can no longer display patches in NSW
    My biggest fear is that I might die and my missus will sell my vape gear for what I told her it cost

    Konstantinos Farsalinos Nothing will be offered to you. You have to fight for your rights....



  4. #4
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    That would be a legal definition, not a reasonable person's definition. I'll have a look through my sources, but So much of this is newer than my sources get updated.
    Reading through the attachment seems to be quite clear that it relates to smoking and non-tobacco smoking products so it comes down to the egal definition of vaping, I haven't seen any law valid in NSW that defines vaping as smoking related.
    Therefore, vaping stuffs should be unrelated to this legislation.


  5. #5
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    Quote Originally Posted by coal miner View Post
    I wonder if that means that the chemist and wollies can no longer display patches in NSW
    A patch is not smoking or non-tobacco smoking related, IMO.
    Yasmin likes this.


  6. #6
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    Quote Originally Posted by KamaKaZzie View Post
    I suppose that the argument could be made that as there is no combustion of "non-tobacco" it should not apply. Though I suspect the cost of proving that in court would be ruinous for most vape gear retailers...
    Smoking as defined is a very different to vaping.
    The only issue at hand is nicotine as a scheduled poision and it's relationship to therapy, tobacco cessation, etc.
    The relationship of vaping to 'smoking' is not made in law.
    IMO
    Genecigs likes this.


  7. #7
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    I think Mr G nailed it. Vaping cannot be construed as smoking. Nothing is burning to produce smoke.

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    non tobacco smoking products/smoking accessories would most likely be bongs and pipes and stuff? maybe even lighters, rollie papers and filters
    eteach likes this.

  9. #9
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    From the infosheet

    The types of smoking accessories covered by the display ban are defined in the Act
    and include cigarette papers, pipes, cigarette holders, hookahs, water pipes or any
    other smoking implements. Matches and lighters are not covered by the display ban
    and therefore may continue to be displayed.
    margyb, Genecigs and Juzm like this.

  10. #10
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    The NSW department of Health just got back to me..

    The gentleman I spoke to told me that they have been informed that this definitely includes electronic cigarettes. He then went on to read me his script he has been given regarding electronic cigarettes containing nicotine. I said that is fine I understand the laws on nicotine, but what about starter kits and non nicotine ecigs? He then cited a recent US study in which they tested a range of flavoured non nicotine eJuice and found that more than half actually contained Nicotine.

    WOAA!... Lets ban the shit out of it!
    margyb, Genecigs and Olfella like this.

 

 
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