Any unsold vape, imitation tobacco or e-cigarette products must be removed from shelves from today and can no longer be sold to anyone as the Tobacco Products Control Amendment Act 2024 comes into effect.

Te Marae Ora (TMO) Ministry of Health, which will monitor individuals who may be smoking vapes, says residents are expected to not have in their possession any imitation tobacco products after a month.

The Act which bans the manufacture, importation, sale, distribution and advertising of imitation tobacco products, including vapes/e-cigarettes, in the Cook Islands and prohibits the import of imitation tobacco products by anyone who has been living in the Cook Islands was passed in Parliament in May.

It also includes a requirement that those who want to sell tobacco will have to apply for permits to import and distribute tobacco. Under the new Act, the legal age of sale for tobacco products has also increased from 18 to 21 years.

The sale and use of e-cigarettes, including vapes, were supposed to start from July 1, but TMO extended the deadline to today, August 1, to allow businesses time to clear their stocks and Customs to upgrade their regulations.

Secretary of Health Bob Williams said: “Health protection officers or authorised officers will be monitoring people who may be smoking vapes and after a month it will be unlikely for residents to be in possession of any imitation tobacco products like vape.”

“Some form of verification may be required to ascertain that vape is not locally sold or imported as it will be an offence under the Act.”

Willams added a health team would be visiting all vendors and stores to check if there were any unsold stocks.

“TMO will not confiscate but TMO will visit all vendors or stores to find out if there remain any unsold stocks,” Williams said.

“This will be noted for further compliance checks at a later date.”

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

A week ago, TMO approved 37 out of the 43 applications they received to sell tobacco in the Cook Islands. The successful applicants are eligible to sell tobacco from today.

Williams also stressed that vaping or smoking in public places is prohibited under the Act including at public office buildings, school and health boundaries, cafes, restaurants and bars and public transports.

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

Cook Islanders, permanent residents and work permit holders as well as those who have resided in the Cook Islands for at least the past six months from August 1, must not import e-cigarettes or vapes for personal use, or sell or distribute the products.

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 whether reusable or disposable. Visitors or tourists, according to the Act, must carry the device and any remains of the liquid out of departure from the Cook Islands or surrender the device to TMO.

The Act’s policy includes:

-       The manufacture, importation, sale, distribution and advertising of imitation tobacco products like e-cigarettes is prohibited in the Cook Islands.

-       Manufacture of tobacco products is prohibited. Any breach will be a fine of $100, 000 or imprisonment not exceeding three months.

-       Importers, distributors and sellers of tobacco products will have to hold a current licence and must comply with all licence conditions to distribute or sell products.

-       Internet sale of tobacco products is prohibited- except when used by importers and distributors for business to business sale. A person who breaches will pay a fine not exceeding $10,000 or imprisonment not exceeding three months or in any other case a fine not exceeding $100,000 and additional $10,000 for every day the offence continues.

-       sellers of tobacco products are not to display the product for sale, if an individual breaches they will pay a fine not exceeding $1000 or face one month imprisonment or in any other case a fine not exceeding $10,000 and to additional $1000 for every other day if the offence continues.

-       the use of the tobacco products and imitation tobacco in all public places including bars, restaurants, workplaces, mode of transportation and educational institutions are prohibited with some limited exceptions where unenclosed spaces are not subject to the prohibition.