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Smokefree Environments and Regulated Products Act 1990

Requirements for smoked tobacco products - Constituents of smoked tobacco products

57H: Director-General may require testing or further testing

You could also call this:

"The government can ask you to test tobacco products you make or import to make sure they are safe."

Illustration for Smokefree Environments and Regulated Products Act 1990

The Director-General can ask you to test a smoked tobacco product if you make or import it. You will get a written notice telling you to do the tests. These tests can be in addition to tests you already have to do under section 57G.

You have to do the tests according to any rules that exist, and you have to pay for them. If the Director-General asks, you must give them a sample of the product to test, and you have to pay for that too. You have to give them the sample in the quantity they ask for.

The Director-General can only ask you to test one of your brands of smoked tobacco products each year. If you do not do the tests, or if you do not do them correctly, you can get in trouble. You might have to pay a fine of up to $50,000 if you break the rules.

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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=LMS809296.

Topics:
Health and wellbeing > Public healthCrime and justice > Criminal law
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57G: Annual testing for constituents of smoked tobacco products, or

"Tobacco product makers must test their products yearly to check they meet the law's rules."

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57I: Limits on nicotine for smoked tobacco products, or

"Rules about nicotine limits in smoked tobacco products have changed"

Part 3ARequirements for smoked tobacco products
Constituents of smoked tobacco products

57HDirector-General may require testing or further testing

  1. The Director-General may, by notice in writing, require a manufacturer or an importer of a smoked tobacco product to conduct tests of the product.

  2. Any tests required under this section may be in addition to any tests required under section 57G.

  3. The tests must be conducted—

  4. in accordance with regulations (if any); and
    1. at the expense in all respects of the manufacturer or importer.

      1. The manufacturer or importer must, if required by the Director-General in the notice in writing, provide, at their own cost, a sample of the product required to be tested—

      2. to the Director-General; and
        1. in the quantity specified in the notice.

          1. In any year, the Director-General must not require tests to be conducted under this section in respect of more than 1 of the brands of smoked tobacco products sold by a particular manufacturer or importer.

          2. A person commits an offence if the person, without reasonable excuse,—

          3. fails to conduct any tests required under this section; or
            1. fails to conduct those tests in accordance with regulations.

              1. A person who commits an offence under subsection (6) is liable on conviction to a fine not exceeding $50,000.

              Notes
              • Section 57H: inserted, on , by section 33 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).