Order enforcing new restrictions on importation of vaping products signed and gazetted

Following a recent announcement by President Irfaan Ali that the Government would be placing restrictions on the importation of vaping products, the Senior Minister for Finance Dr. Ashni Singh has signed the Order which has now been published in the Official Gazette.

President Ali had noted in his public announcement that the government was prompted by concerns raised by parents, teachers, religious leaders and other members of society about the widespread and unregulated importation, sale and use of vaping products in Guyana.

The order published in the Official Gazette amends the Second Schedule to the Customs Act’, or ‘Customs (Amendment of Second Schedule) Order 2026, and restricts the importation of vaping products, vaping devices, vaping components and vaping substances, except where their importation is approved in writing by the Minister responsible for Health.

The Order also states that the Minister (of Health) shall not grant approval unless the vaping products are intended for use in scientific research, training or for medical purpose.

In the Order, vaping products were listed to mean ‘a vaping device, a vaping component or a vaping substance, whether or not it contains, or is intended for use with nicotine, tobacco, cannabis, a cannabinoid or and other substance, and by whatever name, brand, shape, size or form it is described, presented or sold’.

Meanwhile ‘vaping device’ was listed in the Order to mean any device or article, whether disposable, rechargeable or refillable that uses a battery, an electric current or any other source of energy not involving combustion to heat, vaporise, aerosolize or atomise any substance or material in any form, including a liquid, oil, distillate, gel, wax, resin, salt, crystal, powder or plant material and produces an aerosol, vapour or mist for inhalation by drawing on the device or through a mouthpiece, and includes an electronic cigarette, electronic cigar, electronic pipe, vape pen, pod device, box mod, dab pen and dry-herb vaporizer, and any other device or article used, intended to be used, or described or marketed as suitable for use, for that purpose.’

In terms of ‘vaping substance’ according to the Order this means any substance or mixture, including an e-liquid, oil, distillate, concentrate, wax, resin or gel whether or not it contains nicotine or a cannabinoid, that is packaged, labeled, marketed or intended for use in or with a vaping device.’

The Order further stipulates that the restricted products do not include medical inhalation products, humidifiers, diffusers or similar appliances designed to release vapour or mist into a room or other space and not for direct inhalation from the appliance as well as devices designed and manufactured for the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal state of health, or its symptoms as well as other stated health devices.

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