Nicotine Sales Australia
Caution: Be Smart - Be Safe
The sale of liquid nicotine, including in liquids in electronic cigarettes, is illegal under NSW Poisons legislation (Poisons and Therapeutic Goods Regulation 2008) without approval from the NSW Ministry of Health unless the product is listed or registered on the Australian Register of Therapeutic Goods, where other restrictions apply.
The sale of electronic cigarettes that make a therapeutic claim and are not listed or registered on the Australian Register of Therapeutic Goods is illegal under national and NSW Poisons legislation. There are currently no electronic cigarette products, with or without nicotine, on the Australian Register of Therapeutic Goods.
From 1 September 2015, it is an offence to sell e-cigarettes and accessories to minors under the age of 18 under the Public Health Tobacco Act 2008 (the Act)
From 1 December 2015, many of the provisions that apply to tobacco products in relation to display and advertising of e-cigarettes and accessories will also apply to e-cigarettes and accessories under the Act.
The sale of electronic cigarettes which contain nicotine and the sale of liquid nicotine, including in liquids in electronic cigarettes, is illegal under NSW Poisons legislation (Poisons and Therapeutic Goods Regulation 2008) without approval from the NSW Ministry of Health unless the product is listed or registered on the Australian Register of Therapeutic Goods, where other restrictions apply. The Ministry has not issued any approvals for the sale of liquid nicotine for use in e-cigarettes.
Nicotine, other than for approved therapeutic use or in tobacco prepared and packed for smoking, is a Schedule 7 dangerous poison under the national Standard for the Uniform Scheduling of Medicines and Poisons (Poisons Standard). This makes nicotine a Schedule 7 dangerous poison in the NSW Poisons List.
The unauthorised supply of a Schedule 7 poison for human use in any product, including electronic cigarettes and e-liquids, is an offence under clause 20 of the Poisons and Therapeutic Goods Regulation 2008 (NSW). Anyone who sells electronic cigarettes containing liquid nicotine or e-liquids containing nicotine without approval from the NSW Ministry of Health may be prosecuted with fines of up to $1100 for each sale
It is important to know that electronic cigarettes often contain nicotine even when they are not labelled as such. It is an offence under clause 7 of the Poisons and Therapeutic Goods Regulation 2008 (NSW) to sell a Schedule 7 product containing nicotine which is not labelled and packaged as a Schedule 7 dangerous poison. A Schedule 7 dangerous poison must havethe strength and quantity of the poison (nicotine) clearly written on the main label of the package and the immediate container/s. Anyone who sells electronic cigarettes or e-liquids that contain nicotine but are not labelled as such may be prosecuted under both clause 20 and clause 7 of the Poisons and Therapeutic Goods Regulation 2008 (NSW).
All retailers, suppliers and manufacturers are responsible for ensuring all of their products comply with relevant legislation.If you see an electronic cigarette or e-liquid that is labelled as containing nicotine, you can report this
to the Pharmaceutical Services at NSW Health. Visit www.health.nsw.gov.au/pharmaceutical for
The media reports appear to be in reference to the personal importation scheme https://www.tga.gov.au/personal-importation-scheme for therapeutic goods under the Therapeutic Goods Act 1989. It should be noted that there are important limitations to this scheme in relation to the importation of electronic cigarettes:
Under state and territory law, nicotine (whether or not it is for use as part of an electronic cigarette) is a Scheduled 7 poison.
Liquid nicotine is a dangerous poison and an emerging cause of inadvertent poisoning overseas.
Any product or substance that is a therapeutic good and personally imported under the Act must also be legal within your own state or territory.
You should therefore check whether nicotine can be possessed or supplied in your own state or territory.
If the liquid nicotine is for a therapeutic use (such as smoking cessation), it is a prescription medicine. To import a prescription medicine you need to possess a valid prescription written by a registered Australian medical practitioner. Under most state and territory laws only a medical practitioner can only write a prescription for a medicine, or prescribe a substance that is for therapeutic use.
The Therapeutic Goods Administration has not assessed any of these products for therapeutic use and due to Australian Law Southern Cross Vapers make no claim that vaping will help you give up smoking cigarettes.
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