Smokefree Environments and Regulated Products Act 1990

Restrictions on advertising, promotion, sale, and distribution of regulated products - Prohibited ways of supplying and distributing regulated products

34: Distribution and supply of regulated product with other product prohibited

You could also call this:

"You can't sell or give away regulated products with other things as a bundle or package."

If you make or sell regulated products, you must not give them away with other products. You cannot pack regulated products with other things and sell them together. You also cannot sell regulated products with other things for one price.

If you sell regulated products in a shop, you must not give them to someone else to sell with other products for your business. This rule is to stop regulated products being given away with other things.

If you break this rule without a good reason, you can get a fine. The fine can be up to $10,000 for some people, like manufacturers, and up to $5,000 for others.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428456.


Previous

33: Free distribution of regulated product prohibited, or

"You can't give away regulated products for free or cheap to get more customers."


Next

35: Arrangements conflicting with Act have no effect, or

"Breaking the law in a contract or agreement doesn't let you off the hook"

Part 2Restrictions on advertising, promotion, sale, and distribution of regulated products
Prohibited ways of supplying and distributing regulated products

34Distribution and supply of regulated product with other product prohibited

  1. A manufacturer, distributor, importer, or retailer of regulated products must not—

  2. distribute an accompanied regulated product; or
    1. supply an accompanied regulated product to another person for later distribution.
      1. A retailer of a regulated product must not supply an accompanied regulated product to another person for the purpose of that retailer's business.

      2. In this section, accompanied regulated product means a regulated product that is—

      3. packed together with a product that is not a regulated product; or
        1. distributed or supplied, together with a product that is not a regulated product, at a single price.
          1. A person who, without reasonable excuse, contravenes subsection (1) or (2) commits an offence and is liable,—

          2. in the case of a manufacturer, an importer, or a distributor, to a fine not exceeding $10,000; and
            1. in any other case, to a fine not exceeding $5,000.
              Notes
              • Section 34: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).