Retailers beware – Changes to Tobacco and E-Cigarette Products Act 1997

South Australian Business News

Darcy Matthews

Wednesday, July 12th 2023

As of 10 July, the South Australian Government has enforced changes to the Tobacco and E‑Cigarettes Products Act 1997 (TEP Act) that will make the sale of e‑cigarettes that contain nicotine illegal.

The State Government have also announced a crackdown on non-compliance and will be conducting random visits to businesses that sell vapes or e‑cigarettes in the coming months. This will mean there will be stronger requirements for businesses to comply with the nicotine provisions in the Controlled Substances Act 1984.

What should I do?

If your business currently sells e‑cigarettes or vapes that contain nicotine you must stop doing so immediately.
If your business legitimately sells similar products that are in fact nicotine-free, seek and maintain proof from your suppliers.
Maintain documentation of your supplier, importer, or manufacturer so the products you sell can be traced.
Arrange laboratory testing of your e‑cigarettes if your supplier is unable to give you proof of their products being nicotine-free.
Display your TEP Act license in a prominent place on your premises.
Adequately train your staff in the requirements of the TEP Act and Controlled Substances Act.

For more information visit www.sahealth.sa.gov.au/tobaccolaws.