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Smokefree Environments and Regulated Products Act 1990

Regulated products that must be notified

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

You could also call this:

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

Illustration for Smokefree Environments and Regulated Products Act 1990

The Director-General can ask you to test a notifiable product by sending you a written notice. You might have to do more tests than you already do under section 69A. You have to do these tests according to the rules and pay for them yourself.

You might have to give the Director-General a sample of your product to test, and you have to pay for this too. The Director-General can only ask you to test one of your brands of notifiable products each year, but this rule does not apply to vaping products.

If you do not do the tests or do not follow the rules, you can get in trouble and have to pay a fine. 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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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=LMS810002.

Topics:
Health and wellbeing > Public healthCrime and justice > Criminal law
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"Companies must test certain products every year to check what's in them."

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Part 4Regulated products that must be notified

69BDirector-General may require testing or further testing of notifiable product

  1. The Director-General may, by written notice, require a manufacturer or an importer of a notifiable product to conduct tests of the product.

  2. Any tests required under this section may be in addition to any tests required under section 69A.

  3. The tests must be conducted—

  4. in accordance with regulations; 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 written notice, 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 prescribed notifiable products to which section 69A applies that are sold by a particular manufacturer or importer.

          2. However, subsection (5) does not apply to vaping products.

          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 (7) 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 69B: inserted, on , by section 37 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).