NSW Health has taken action to close a tobacco retailer in Rutherford for the second time after it was found to be in breach of their 90-day closure order for selling illicit tobacco and vapes.
NSW Health Inspectors were supported by NSW Police to inspect the store following reports the retailer was not complying with the three-month closure order first issued by NSW Health in January this year.
During the targeted operation, Inspectors seized more than 280,000 illicit cigarettes, almost 38kg of loose leaf tobacco, more than 8200 vaping devices with an estimated street value of more than $570,000 product.
The enforcement action was taken following a breach of the closure order.
There is the possibility of significant financial penalties and imprisonment for offences for breaching closure orders.
A NSW Local Court can issue a long-term closure order of up to one year if it is satisfied that illicit tobacco or illegal vaping goods have been or are likely to be sold, or if tobacco or non-tobacco smoking products are sold or are likely to be sold without a license.
The long-term closure orders are part of the NSW Government's tough new laws to disrupt the supply of illicit tobacco and vaping goods across the state.
Under the laws, NSW Health also has substantial powers to make short-term closure orders of up to 90 days for premises selling illicit tobacco, illegal vaping goods, or selling tobacco without a license.
NSW Health Inspectors, together with NSW Police, have now closed down a total of 66 premises since the laws came into effect in November 2025
Additional reforms under the new legislation include:
- a new offence for the possession of a commercial quantity of illicit tobacco with a maximum penalty of over $1.5 million and 7 years' imprisonment, or both
- new penalties for the sale of illicit tobacco with a maximum penalty of over $1.5 million and 7 years' imprisonment, or both
- new lease termination powers for landlords where a closure order is in place
- new nation-leading offences for falsely claiming to be licensed, resisting seizure, and attempting to retake seized products.
The NSW Government is aware the sale of illicit tobacco and vaping products continues to evolve, with some retailers attempting to obscure and avoid the enforcement activities of NSW Health Inspectors, by using QR codes and social media communications to facilitate the ongoing sale of illicit tobacco to customers, after a closure order has been issued.
NSW Police and NSW Health are working together to identify these methods and pivot their enforcement strategies to shut down this activity.
As part of ongoing efforts to strengthen compliance and enforcement of tobacco and vaping goods laws, the NSW Government recently announced the addition of thirty additional full-time equivalent tobacco Inspectors. The new Inspectors brings the dedicated state-wide team to a total of 78 staff.
Between 1 January 2026 to 31 January 2026, NSW Health Inspectors have conducted 131 inspections, seizing around 560,000 cigarettes and 98kg of other illicit tobacco products and over 6000 illegal vaping goods with a combined estimated street value of around $830,000.
Members of the public can lodge complaints about retailers they believe are doing the wrong thing via the complaints portal on the NSW Health website.
More information on closure orders and penalties can be found on the NSW Health website: https://www.health.nsw.gov.au/tobacco/Pages/tobacco-retailing-laws.aspx
