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Smokefree Environments and Regulated Products Act 1990

Packaging and labelling of regulated products - Packaging and labelling requirements

51: Offence in respect of standardised packaging of regulated products

You could also call this:

"Breaking the rules about packaging for certain products can get you in trouble and fined."

Illustration for Smokefree Environments and Regulated Products Act 1990

If you make, sell or supply a product that does not follow the rules about packaging, you can get in trouble. This happens if you know the product or its packaging breaks the rules in section 50(1) or section 50(2). You can also get in trouble if you package a product in a way that breaks the rules.

If you are found guilty, you can be fined. The amount of the fine depends on what you do and what type of product it is. For example, if you make or import products, you can be fined up to $600,000.

However, you will not get in trouble if the product is meant to be sent to another country and has not been sold in New Zealand. This is because the rules are meant for products sold in New Zealand, not for products being exported.

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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=LMS428630.

Topics:
Health and wellbeing > Public healthCrime and justice > Criminal law
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50: Standardised packaging of regulated products, or

"Rules for packaging of certain products to keep you safe"

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Part 3Packaging and labelling of regulated products
Packaging and labelling requirements

51Offence in respect of standardised packaging of regulated products

  1. This section applies to—

  2. a person who manufactures, distributes, sells, offers for sale, or otherwise supplies a regulated product knowing that the product contravenes section 50(1); or
    1. a person who distributes, sells, offers for sale, or otherwise supplies a regulated product in a package knowing that the package contravenes section 50(2); or
      1. a person who does the following knowing that a package for a regulated product contravenes section 50(2):
        1. manufactures, distributes, sells, offers for sale, or otherwise supplies the package; or
          1. packages, or arranges for the packaging of, a regulated product in the package.

          2. The person commits an offence and is liable on conviction,—

          3. in the case of a manufacturer, an importer, or a distributor,—
            1. to a fine not exceeding $600,000; but
              1. if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $200,000; and
              2. in the case of a large retailer,—
                1. to a fine not exceeding $200,000; but
                  1. if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and
                  2. in any other case,—
                    1. to a fine not exceeding $50,000; but
                      1. if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000.

                      2. However, the person does not commit an offence against this section in relation to a regulated product or a package if—

                      3. the product or package is intended for export; and
                        1. the product or package has not been sold or supplied at retail, or offered for retail sale, in New Zealand.

                          Notes
                          • Section 51: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).