E-cigarette ban takes effect

Once the Tobacco Products Control Amendment Act 2024 comes into effect, all unsold e-cigarettes, imitation tobacco or e-cigarette products must be removed from shelves and must not be sold to anyone.

The Timaliora (TMO) Ministry of Health will monitor individuals who may be vaping and says residents are not expected to be in possession of any imitation tobacco products after a month.

The bill, passed by the Cook Islands Parliament in May, prohibits the manufacture, importation, sale, distribution and advertising of imitation tobacco products, including e-cigarettes, in the Cook Islands and prohibits anyone residing in the Cook Islands from importing imitation tobacco products.

The bill also stipulates that those who want to sell tobacco must apply for a tobacco import and distribution license. Under the new bill, the legal sales age for tobacco products has also been raised from 18 to 21.

The sale and use of e-cigarettes, including steam cigarettes, was supposed to start on July 1, but the Tobacco Office extended the deadline to today (August 1) to give companies time to clear their inventory and customs time to upgrade regulatory regulations.

Health Minister Bob Williams said: “People who may be vaping will be monitored by health protection officers or authorised officers and after one month it will be unlikely that residents will be in possession of any imitation tobacco products such as e-cigarettes.”

“Some form of verification may need to be done to establish that e-cigarettes are not being sold or imported locally, as this would be an offence under the bill.”

Williams added that sanitation teams will visit all suppliers and stores to check for any unsold stock.

“The TMO will not confiscate but will visit all suppliers or stores to find out if there is any unsold stock,” Williams said.

“We will record this for further compliance checks at a later date.”

He said this also applies to shops or vendors who have not applied for a licence to sell tobacco products.

A week ago, the Tobacco Advertising Office received 43 applications to sell tobacco in the Cook Islands, of which 37 were approved. The successful applicants are eligible to sell tobacco from today.

Williams also stressed that the bill prohibits vaping or smoking in public places, including public office buildings, schools and health boundaries, cafes, restaurants and bars, and public transportation.

“People can still smoke in designated areas or at home,” he said.

Cook Islands residents, permanent residents and work permit holders, as well as people who have lived in the Cook Islands for at least six months since August 1, are not allowed to import e-cigarettes or vapes for personal use, nor sell or distribute the products.

Tourists or visitors aged 21 years or over are only allowed to bring one imitation tobacco device and up to 30 ml of e-liquid (whether reusable or single-use). Under the Act, the tourist or visitor must take the device and any remaining e-liquid out of the Cook Islands or surrender the device to the TMO.

The policies in the Act include:

– The Cook Islands prohibits the manufacture, importation, sale, distribution and advertising of imitation tobacco products such as e-cigarettes.

– Prohibits the production of tobacco products. Violations are punishable by a fine of $100,000 or imprisonment for a term not exceeding three months.

– Importers, distributors and sellers of tobacco products must hold a valid license and must comply with all license conditions for distributing or selling the products.

– Prohibits the sale of tobacco products over the Internet – except for business-to-business sales by importers and distributors. Violators are subject to a fine not exceeding $10,000 or imprisonment for a term not exceeding three months, or in any other case, a fine not exceeding $100,000 and an additional fine of $10,000 for each day of violation.

– Sellers of tobacco products are prohibited from displaying the products for sale, and if an individual violates the regulations, they will pay a fine not exceeding $1,000 or face one month in jail, or in other cases, a fine not exceeding $10,000 and a fine of $1,000 every other day if the violation continues.

– The use of tobacco products and imitation tobacco is prohibited in all public places, including bars, restaurants, workplaces, transport and educational institutions, but some non-enclosed spaces are exempt from the ban.