A NSW parliamentary inquiry into vapes has found that criminals continue to sell illegal vaping products because of the state’s weak laws.
The report established that those who sell illegal nicotine vaping products to both children and adults continue to do so because the maximum penalties in NSW do not reflect the seriousness of the offence or act as a deterrent.
Currently, the maximum penalty for the supply of nicotine vaping products (NVPs) under the Poisons and Therapeutic Goods Act is $1650 and/or six months in prison, with no ability to issue on the spot fines for breaches.
Theo Foukkare, CEO of the Australian Association of Convenience Stores (AACS), believes NSW fines should be the same as the Federal Government’s $2.2 million fine for commercial supply and they must be criminal offences.
“The findings and recommendations confirm what AACS has been telling the state’s law makers for years and I really, really hope that they will finally listen and act to keep these insidious and dodgy, vapes that are made in sweatshops in China, from getting into the hands of Aussie kids.
“We absolutely back the committee’s call to really come down hard on these criminals and to help educate our kids to prevent them from vaping but, while it would be a good start, it won’t be enough to shut down the out of control vape black market.”
Foukkare explained that there is a simple way to shut down the black market and it is to follow the lead of the UK, Canada, New Zealand, and US, where retailers sell strictly manufactured-to-code NVPs to people aged 18 and over, the same as tobacco and alcohol.
“Strictly regulating and controlling vaping products for adults-only has been shown to reduce youth vaping rates by more than 65 per cent in the United States and 19 per cent in New Zealand.
“We don’t have a youth tobacco or alcohol crisis because we strictly manage the manufacture and sale of those products, so doing the same for vapes makes sense,” said Foukkare.
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