Crackdown on Illegal Sales of Nicotine Vapes in South Australia

On June 8th, the government of South Australia decided to implement stricter licensing conditions in order to eradicate the illegal sale of nicotine e-cigarettes. The new licensing conditions will explicitly state that the sale of e-cigarettes containing nicotine is illegal and require retailers to provide evidence that their e-cigarette products do not contain nicotine. Retailers will also need to provide information about their e-cigarette suppliers, importers, or manufacturers in order to trace the products.

Commencing operation to crack down on illegal electronic cigarettes.

The South Australian government is set to launch a two-month crackdown on retailers selling e-cigarette products.

Health officials authorized by the South Australian Health Department will conduct random inspections of retailers selling electronic cigarette products, including convenience stores, gas stations, and barber shops, among others.

In the past year's crackdown, authorities seized approximately 15,000 illegal nicotine electronic cigarettes from various locations. Additionally, they issued 17 fines and revoked three licenses.

Last month, the Australian Federal Government announced that the sale of electronic cigarettes and disposable e-cigarettes in retail stores would be banned, and the importation of non-prescription electronic cigarettes would be prohibited.

Surprisingly, the product contains nicotine.

The South Australian Health Department has become increasingly aware that there are loopholes in current legislation. These laws classify nicotine-containing electronic cigarette products as prescription medicines and prohibit the sale of nicotine-containing e-cigarettes without a prescription.

However, the reality is that many electronic cigarette products do not list the nicotine content on their packaging. Nevertheless, through laboratory testing, authorities have confirmed that the majority of disposable electronic cigarettes currently on sale do indeed contain nicotine.

According to the Tobacco and Electronic Cigarette Products Act (TEP Act), in order to ensure that electronic cigarette products do not contain nicotine, license holders must:

Immediately cease sales, distribution, possession or storage of electronic cigarette products containing nicotine; obtain and retain evidence from suppliers demonstrating that their electronic cigarette products do not contain nicotine; if suppliers are unable or unwilling to provide written documentation proving their electronic cigarettes are nicotine-free, conduct laboratory testing; retain documents from related suppliers, importers or manufacturers for product tracing purposes; provide employee training and adequate supervision to ensure compliance with the Tobacco and Electronic Cigarette Products Act, Controlled Substances Act of 1984 and other relevant laws; prominently display the Tobacco and Electronic Cigarette Products Act license, including its conditions, in visible locations.

Any licensed retailer who violates the conditions may face fines of up to AUD 10,000 (approximately RMB 48,000); individuals or retailers found selling or supplying electronic cigarette products or tobacco without permission may face fines of up to AUD 20,000 (approximately RMB 95,000).

Reference: [1] Crackdown on the Illegal Sale of Nicotine Vapes.