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Smokefree Environments and Regulated Products Act 1990

Regulations, enforcement, and other matters - Annual returns and reports

100: Annual reporting requirements for manufacturers, importers, distributors, and retailers of regulated products

You could also call this:

"People who make or sell certain products must report sales and test results to the government each year."

If you make or import products that the government regulates, you must do a few things each year. You have to prepare a return that shows information about the sales of these products, and a report about any tests you did on them for purposes like those in section 56, 57, 57G, 57H, 69A, or 69B. You must then file these with the Director-General by 31 January.

If you sell these regulated products, you also have to prepare a return each year showing sales information, and file it with the Director-General by 31 January. The Director-General will make sure these returns and reports are available to the public on the internet. They can also publish or make them available in other ways.

If you do not do what you are supposed to do, you can get in trouble and have to pay a fine - up to $10,000 if you are a company, or up to $5,000 if you are an individual.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428822.

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"Keep records of the products you make or sell for three years, or you might get a fine."

Part 5Regulations, enforcement, and other matters
Annual returns and reports

100Annual reporting requirements for manufacturers, importers, distributors, and retailers of regulated products

  1. Each year a person who is a manufacturer of regulated products or an importer of regulated products must, in accordance with regulations,—

  2. prepare—
    1. a return showing sales-related information required by regulations in respect of the regulated products manufactured or imported by the person; and
      1. a report of the results of all tests (if any) that the person conducted during the previous year for the purposes of section 56, 57, 57G, 57H, 69A, or 69B; and
      2. file the return and the report with the Director-General no later than 31 January.

        1. Each year a retailer of regulated products must, in accordance with regulations,—

        2. prepare a return showing sales-related information required by regulations in respect of the regulated products or class of regulated products sold by the retailer; and
          1. file the return with the Director-General no later than 31 January.

            1. Repealed

            2. The Director-General—

            3. must take all practicable steps to ensure that all returns and reports received under this section are publicly available on an Internet site under the Director-General’s control; and
              1. may publish or make publicly available in any other way all or any part of any such return or report.

                1. A person who fails to comply with subsection (1), (2), or (2A) commits an offence and is liable,—

                2. in the case of a body corporate, to a fine not exceeding $10,000; or
                  1. in any other case, to a fine not exceeding $5,000.

                    Notes
                    • Section 100: inserted, on , by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).
                    • Section 100 heading: amended, on , by section 53(1) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
                    • Section 100(1)(a)(ii): amended, on , by section 53(2) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
                    • Section 100(2): amended, on , by section 53(3) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).
                    • Section 100(2A): repealed, on , by section 20 of the Smokefree Environments and Regulated Products Amendment Act 2024 (2024 No 6).
                    • Section 100(4): amended, on , by section 53(5) of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).