Smokefree Environments and Regulated Products Act 1990

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

101: Record-keeping requirements for regulated products

You could also call this:

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

If you make or sell regulated products, you must keep accurate records. You need to record all the products you manufacture, import, export, buy, sell, or supply. If you are a manufacturer, you must also record the ingredients you use to make each product. You must keep these records for three years from the date of each transaction. An enforcement officer can ask you to provide a copy of your records, and you must give it to them within 10 working days. If you do not keep these records or do not give them to the enforcement officer when asked, you can get a fine of up to $5,000 if you are an individual, or up to $10,000 if you are a company.

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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=LMS810890.


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

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


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

101Record-keeping requirements for regulated products

  1. This section applies to a manufacturer, importer, exporter, distributor, or retailer of a regulated product.

  2. The person must take reasonable steps to keep accurate records of—

  3. all the regulated products that they manufacture, import, export, buy, sell, or supply; and
    1. for a manufacturer, the constituents required by regulations to be recorded that the manufacturer uses or intends to use in the manufacture of each regulated product.
      1. The person must keep the records for 3 years from the date of each transaction.

      2. An enforcement officer may require a person to provide a copy of the records kept under this section by notice in writing.

      3. The person must provide the enforcement officer with a copy of the records, in the format required in the notice, within 10 working days of receiving the notice.

      4. A person who, without reasonable excuse, fails to comply with subsection (2), (3), or (5) commits an offence and is liable on conviction,—

      5. 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 101: inserted, on , by section 54 of the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022 (2022 No 79).