Smokefree Environments and Regulated Products Act 1990

Regulated products that must be notified

69A: Annual testing for constituents of notifiable products

You could also call this:

"Companies must test certain products every year to check what's in them."

If you make or import certain products that the government wants to know about, you must test them every year. You have to pay for these tests yourself and do them by 31 December each year. The tests are to check what is in the product and how much of each thing is in it, or to check what comes out of the product when it is used.

You must do the tests in the way the government says you should. If you do not do the tests, or if you do not do them correctly, you can get in trouble with the law.

If you break the law, you can get a fine - this means you have to pay the government some money. If you are a company, the fine can be up to $10,000, and if you are an individual, the fine can be up to $5,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS809825.


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69: Substances in notifiable product must not exceed maximum limits, or

"Some products can't have too much of certain substances in them for safety reasons."


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69B: Director-General may require testing or further testing of notifiable product, or

"The government can ask you to test certain products to make sure they are safe"

Part 4Regulated products that must be notified

69AAnnual testing for constituents of notifiable products

  1. This section applies to a notifiable product specified in regulations as a product to which this section applies.

  2. Every manufacturer and every importer of a notifiable product must, at their own expense, conduct either or both of the following tests (as regulations require):

  3. a test for the constituents of each brand of the product sold by the manufacturer or importer, and the respective quantities of those constituents:
    1. a test for the constituents of any emissions.
      1. The tests must be conducted each year by 31 December in accordance with any requirements in regulations.

      2. If regulations require it, each variant of the brand must be tested separately.

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

      4. 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 (5) is liable on conviction,—

          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 69A: inserted, on , by section 37 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).