A small business supplier of imitation tobacco products including vape is calling on Te Marae Ora Ministry for Health to consider reviewing the Tobacco Products Control Amendment Bill 2024.

The Bill to be tabled in Parliament this month prohibits the import, sale, and distribution of all imitation tobacco products, including both nicotine and non-nicotine e-cigarettes and vapes.

The entrepreneur, who wishes to remain anonymous, says the Bill’s proposal to ban all imitation tobacco products will greatly affect small business owners who have ventured into selling the devices as a side business.

“It is a side hustle for us, not full time but it is income for our family,” they said.

“Why not put restrictions instead.”

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> Proposed vaping ban

They suggested that the proposed bill should instead include an age restriction to 21 and proof of identification for anyone over 21 who wishes to purchase the product.

Secretary for Health, Bob Williams, earlier said the Bill would prohibit the import of imitation tobacco products by anyone who has been living in the Cook Islands for the past six months, since the enactment of the Bill.

Cook Islands residents, permanent residents and work permit holders are not allowed to bring in any imitation tobacco products for personal use, sale or distribution if they leave and return to the Cook Islands.

Tourists or visitors over the age of 21 are allowed to bring only one imitation tobacco device and up to 30 millilitres of e-liquid.

The Bill says any breach of the regulations by individuals will result in a fine of $100,000 or up to three months in prison.

Businesses caught importing imitation tobacco products face a $1 million fine. Additionally, non-compliant businesses will incur a daily penalty of $100,000 for each day the violation continues.

The business owner urged Te Marae Ora health ministry to consider the approach of the New Zealand government in crafting vape regulations. These regulations include child-lock mechanisms, removable batteries on devices, and increased fines for selling vapes to those under 18.

They also raised concerns that a local ban on vapes, with restrictions for visitors, could negatively impact the tourism industry.

“Maybe put up restrictions instead, licences to supply be implemented … we are trying to make a living.”

The small business owner is calling for a proper regulation and a review of the Bill before it’s tabled in Parliament.

Williams said imitation tobacco product means any food (including confectionary) or article (including a toy), electronic nicotine/non-nicotine delivery systems, or device for heated tobacco products that resembles, or is designed to resemble, a tobacco product, is capable of being smoked, may be used to mimic the act of smoking or use of a tobacco product and its packaging resembles, or is designed to resemble, the packaging commonly associated with tobacco products; and that is not a prescribed medicine for nicotine dependence.

In March this year, New Zealand announced that it will ban disposable e-cigarettes, or vapes, and raise financial penalties for those who sell such products to minors.

Under the new laws, retailers that sell vapes to children under 18 years of age will face fines of up $100,000, while individuals will be fined $1000.

Other regulations introduced will prevent e-cigarettes from being sold with images that might appeal to young people or with enticing names.