Smokefree Environments and Regulated Products Act 1990

Regulated products that must be notified

60: Notifier must not sell product unless it has been notified

You could also call this:

"You must tell the government about a product before you can sell it."

If you want to sell a product in New Zealand that is regulated by the Smokefree Environments and Regulated Products Act 1990, you must notify the product first. You must also make sure the product is safe and meets all the requirements in the Act or regulations. You cannot sell a product if its notification has expired. If you break these rules without a good reason, you can be fined up to $400,000.

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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=LMS428685.


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59: Defined terms, or

"Important words and their meanings in the Smokefree Environments and Regulated Products Act"


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61: Notifier must be New Zealand resident or company registered in New Zealand, or

"You must live in New Zealand or have a New Zealand company to notify a regulated product."

Part 4Regulated products that must be notified

60Notifier must not sell product unless it has been notified

  1. A notifier of a notifiable product must not sell the product in New Zealand unless it—

  2. has been notified in accordance with this Part; and
    1. complies with product safety requirements; and
      1. complies with any applicable requirements in this Act or regulations.
        1. A notifier must not sell a notifiable product in New Zealand whose notification has expired.

        2. A person who, without reasonable excuse, contravenes subsection (1) or (2) commits an offence and is liable to a fine not exceeding $400,000.

        Notes
        • Section 60: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
        • Section 60(1)(c): inserted, on , by section 18 of the Smokefree Environments and Regulated Products Amendment Act (No 2) 2024 (2024 No 53).