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Thread: Tasmanian Regulations What do you think ?

  1. #1
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    Tasmanian Regulations What do you think ?

    Trying to understand how nicotine is regulated in Tassie
    Looked at Poisons Regulations here

    POISONS REGULATIONS 2008
    and then checked S7 down the bottom of page in link ( no mention of nic)

    Then just googling I found this
    http://www.dhhs.tas.gov.au/__data/as...o3029apr04.pdf

    quote
    2.
    Nicotine replacement therapy
    - Scheduling from 1st May 2004
    Schedule 2
    NICOTINE
    for use as an aid in with
    drawal from tobacco smoking:
    (a) in lozenges;or
    (b) in preparations for inhalation.
    Now I am wondering ??
    State laws override federal laws dont they

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    Interesting thread Margy, as as per your PM to which I have replied, Tasmania as you have well become aware from your visit to a certain market mentioned in your PM is certainly in the go to vaping. I have had a look at the pdf you mention, and looking at the quote you provide and the fact that it is now a Schedule 2 poison and not a Schedule 7 as defined by Customs and Border Protection, which btw do not prohibit its importation into Tasmania or Australia in total, then I would venture to say that the DHHS have not got a leg to stand on trying to close down our friend we discussed. The question remains which form of device does the DHHS approve for use in administration of Nicotine in the aid withdrawal form Tobacco smoking and who according to the DHHS is legally allowed to sell the "preparations" ? A licensed tobacconist or a pharmacist? Perhaps inquiries should be directed to the DHHS in this regard.

    As to your question about state laws overriding Federal laws again is very interesting, as I have mentioned in another thread, that I as a small time egg free range egg producer am battling with thousands of others in this state the Federal Law demanding that all people that sell or give away free range eggs from their property have to be registered with the DPWIE and stamp their eggs with a unique identity number similar to a property identification Code that farmers and graziers have and must tag their sheep, cattle, goats etc., with that PIC number. This piece of legislation is due to be debated again in Tas. When parliament resumes in March....close to our state elections. Needless to say, this was brought about not by the supposed threat of salmonella poisoning but under the hue and cry of big egg producers who are "suposedly" selling free range eggs through supermarkets and other grocers. Now if you have ever had a real free range egg of a rural property and not a shop bought one, then you certainly will know the difference.

    This legislation however by the the Feds, was put, by way of enforcement, and the level of enforcement to the discretion of the various states. It is interesting to see having read the draft proposals of this legislation and written submissions as invited to do, to see how the DPIWE have backed off the enforcement to only a token effort when it comes to people in my category. Enough on eggs, we are discussing nicotine.

    Putting two and two together, and I might add I am no lawyer, although no stranger to courts in my previous role of as executive vice president of another Federal Asocc. to do with the workplace; I come up with the following:

    It seems to me that like the egg legislation the Nicotine preparation for the aid of elimination of smoking, for on sale legislation in Tasmania is again in the too hard basket for our law enforcers and thus they seem to be backing of. Now Federal Law per say, basically applies to the Northern Territory and Canberra, in other states I would venture to say that the state legislature is the deciding body as to how they administer the guidelines of the Federal Law. I am sure there are Vapers out there that are lawyers and could comment and correct my non legalistic interpretation of the DHHS document.

    On a closing note, I also note that of the 1st of January 2014 New Zealand will no longer be permitted to import or distribute nic-e-juice and it may well be that those ordering from N.Z. will find their sources dried up. I was surfing numerous websites today in N.Z. and saw this on several of them. Interesting developments from our cousins in N.Z.

    Jim

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    Red face

    You might also like to have a look at this link Schedules for drugs and poisons in Australia and if the Tasmanian Scheduling is correct, then nicotine inhalation devices can now be legally sold by pharmacies. Does that mean though that my local pharmasist is going to rush out and stock e-cigs and flavours nic or otherwise.....I hope so as they will make a fortune.

    Schedule 2 are substances and preparations for therapeutic use which are substantially safe in use but where advice or counseling is available if necessary. Medical diagnosis or management is not required prior to provision of Pharmacy Medicines. Has Tasmania placed Nicotine on this level...wonderful if they have!

    Jim

    Look at it this way they already sell nicotine products all be it as good as horse manure.

    Jim

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    Jim
    That letter i found from the DHHS is dated 2004 ( about when they put nicorette in the supermarkets I think)
    So I have no idea if that has been overwritten at all
    It was just the way it had been worded that caught my eye "inhalation" wink wink

    I do think when the EU and the FDA finally decide how to regulate ecigs/nicotine Australia will follow suit
    Triwuffus likes this.

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    well it hasen't been repealed as nicorette is still sold over the counter in pharmacies, so the inhalation bit applies to our case as well

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    I think where it would come unstuck in Tas is the "for use as an aid in withdrawal from tobacco smoking:" as that whole section deals with NRT.

    From what I know vaping gear can't make that statement without going through the various testing requirements so wouldn't fall under the schedule

    That's my take on it

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    Quote Originally Posted by Apoc View Post
    I think where it would come unstuck in Tas is the "for use as an aid in withdrawal from tobacco smoking:" as that whole section deals with NRT.

    From what I know vaping gear can't make that statement without going through the various testing requirements so wouldn't fall under the schedule

    That's my take on it
    If vaping gear does not full under that category, then millions of people around the globe are telling porkies! All the testimonies, mine included, must be a pack of lies!


    The ones telling the lies are those in the pockets of Tobacco and Pharmaceutical companies as well as the Federal treasury which does not want to loose its revenue.
    If a Tobacconist is allowed to sell Tobacco containing Nicotine, then a Tobacconist should be allowed to sell e-juice containing nicotine. It is not the device that is in question, it is the compound inhaled. As far as I can see with so many manufacturers around the globe making this stuff how the heck is any regulatory or testing body going to test all of them.

    The e-juice for Australian consumption should have an Australian Standard which when tested should then be agreed upon. No one in the Government, or the Mega Barons of the Tobacco Companies or the pharmaceutical companies wants this.

    Consider how many jobs Cigarette smoking creates:-

    1. The Grower
    2. The Harvesters & Manufacturers
    3. The Whole Salers
    4. The Retailers
    5. The Government with all the tax revenue
    6. The Doctors and Medical staff when you contract the Big C
    7. The Drug companies that sell you all the placibos to cure the big C.
    8. The Nursing Homes that you will be sent to when you are dying.
    9. The Undertaker and the grave digger or crematorium

    Do you want to seriously deprive these people of their income you mean bastards? I sure as hell do! F....k them all I have now learned how to make my own juice but am to busy to do so. If and when I can no longer buy it I will make it and as in the past, grow my own tobacco and I defy anyone to stop me. Yes I will sell it to friends and acquaintances and join the illegal drug trade as that is where were are being pushed like the Ned Kelly's of yester year. Now that is a good name for bootlegged e-juice Ned Kelly Juice. I might just go and apply for a trade name and (c).

    Jim

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    To be fair, point 8 and 9 apply to everyone so including them is moot.
    margyb and Triwuffus like this.

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    Hi Jim,

    I think you mistake my intent, I'm by no means defining anything or stating a position.

    All I was doing was putting on my critical thinking hat and looking at what was written in those regs as I would any other contract/guideline or legislation that I run across, I'm not a lawyer nor do I play one on TV but writing what I see as being covered by those regs (and I may have the wrong end of it as words are open to interpretation).

    Cheers

 

 
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