Smokefree Environments and Regulated Products Act 1990

Regulated products that must be notified

70: Declaration of prohibited substance

You could also call this:

"When can a substance be banned for being unsafe?"

The Director-General can declare a substance to be prohibited if they think it is not safe for use in a product that must be notified. You can find out more about what this means by looking at the rules for secondary legislation in Part 3 of the Legislation Act 2019. When the Director-General makes this declaration, it is a type of secondary legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428697.


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71: Director-General may require notifier to provide information about safety of notifiable product, or

"The government can ask you for safety information about a product you've told them about."

Part 4Regulated products that must be notified

70Declaration of prohibited substance

  1. The Director-General may declare a substance to be a prohibited substance if satisfied that the substance is unsafe for use in a notifiable product.

  2. A declaration under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes
  • Section 70: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
  • Section 70(2): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).