New South Australian vaping regulations go into effect

New South Australian vaping regulations go into effect

So today is the day new regulations go into effect for South Australian vapers.

If you weren’t aware, at the beginning of this year the South Australian government looked into the e-cigarette industry, and with influence from other states, announced that they would roll all e-cigarette products into the “Tobacco Products Regulation Act 1997”, renaming it to “Tobacco and E-Cigarette Products Act 1997” .

Where once South Australia was the most open and influential vaping state, where many of our beloved original vendors opened their doors, it is now a mere shadow of its former self.

In introducing e-cigarettes to the tobacco act, South Australia also introduced tough new e-cigarette regulations, of the likes never before seen in this country.

Here are the new regulations in all their glory.

Under the Tobacco and E-Cigarette Products Act 1997, it is an offence to:

  • sell or supply e-cigarette products to a person under the age of 18 years;
  • sell e-cigarette products by retail without a Retail Tobacco and E-Cigarette Merchant’s Licence;
  • provide or offer to provide free samples, prizes, gifts or other benefits (including through sponsorship, competitions and rewards) in connection to the sale of e-cigarette products;
  • sell e-cigarette products from temporary outlets, sales trays and vending machines; and
  • use e-cigarettes in public places that are currently smoke-free under the law, including in a motor vehicle if a child under the age of 16 years is present;
  • advertise and promote e-cigarette products;
  • have e-cigarette products on display at the point of sale; and
  • sell e-cigarette products by indirect orders (including internet sales).

Sure, other states have had it rough too, with shops required to hide all product from public view, no advertising, not even being allowed to allow the public to sample flavours in store. Truly horrific.

While SA has also introduced those same restrictions, in good old nanny state fashion, they’ve thrown us a curve-ball. Something that takes things to a whole new level.

E-cigarettes have been restricted from being sold or purchased in South Australia.
In simpler terms, no company will be able to sell e-cigarettes online to South Australian customers.
Furthermore, South Australian businesses also cannot sell e-cigarette products online full stop.

Let’s let that and it’s repercussions sink in for a bit.

Vapers in South Australia, you know, the people doing their best to rid themselves of a life threatening addiction to smoking, will no longer be able to purchase products online.
Not from a South Australian company, not from an interstate company, nor from an international company. (That last one will be difficult to enforce, and we’re not quite sure on exactly how that will work out.)

And South Australian companies have just lost their ability to sell online completely.

So what are the real world repurcussions of these regulations?

Customers can no longer try before they buy. At the same time, cannot even physically see the products that a store has on offer (they’ll be behind cabinets), and will need to request specific items, or choose from a product card.

Retailers have now lost an income stream. Online sales are an important part of doing business in this modern world, and this has just been stripped from our stores completely.

– Retailers can no longer advertise their products, nor conduct sales, competitions or use reward schemes. This puts them at a huge disadvantage to stores in other states whom can still do this.

Retailers can no longer sponsor anything. Want to sponsor a car at your local raceway? Or even a sporting event? Not going to happen.

South Australian vapers will no longer be able to order online and have product shipped to their door. This is a biggie. Think of the people in remote locations, and their distance to their local city vape shop. This one will hit very hard for them, and likely result in many going back to smoking.

There is some good news. Physical stores stay open. That’s a small win in a huge hit of regulation, but at least South Aussies can purchase in store to avoid going back to smoking.

This is horrible, how can we change these regulations? What can we do to fight this?

Not a lot unfortunately. These regulations are here to stay for the time being, or at least until the state government changes their mind (not likely) or until federal regulations are put in place that succeed these.

What we can do however, is keep fighting, to make sure other states do not follow suit.

Educate your family and friends about vaping, have them see what a huge aid it is for smokers trying to quit. Teach them the in’s and out’s so that they’re not taken along by the growing negative media around vaping.

Write your politicians. But when you do, treat them with more respect than they deserve, be open, be forthcoming, you may just open their eyes to something they’ve done little research into.

Support the organisations that support you. ATHRA (Australian Tobacco Harm Reduction Association) and Legalise Vaping Australia are fighting for all of us. Show them you appreciate what they are doing by donating, and spreading their messages.

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Shane Presser
Shane Presser has been vaping since 2013, and has extensive experience with advanced equipment, coil builds and DIY mixing. He is the man behind VapersGarage, and also more recently Aussie Vape Stores, a resource to help vapers find their nearest Vape Shops, and eLiquid Vendors.

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