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Sale and Supply of Alcohol Act 2012

Licensing trusts, community trusts, and other matters - Other matters - Regulations

400: Regulations banning or restricting certain alcohol products

You could also call this:

“Rules to control or ban certain alcohol products to keep you safe”

The government can make rules about alcohol products under section 397. You might see rules that ban or restrict certain products. The government can decide to ban or restrict products that have ethanol in them. They can also control how these products are made, sold, or advertised.

A product can be banned or restricted by its name or what it’s called when it’s sold. The government can describe a type of product by what’s in it, like how much ethanol it has. They can also look at the ingredients, the size of the container, or how it’s sold.

Before making new rules, the Minister must talk to people who will be affected by them. The Minister must be careful when banning products and only do it if they think it’s necessary for your health. They must also think about whether the product is appealing to young people.

The Minister must not make new rules that start sooner than three months after they are published, unless they think it’s an emergency. They must follow the Legislation Act 2019 when publishing the rules. The Minister will talk to the Minister of Health before making any big decisions about new rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339958.

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399: Consultation on regulations regulating sale of alcohol containing less than 15% ethanol (other than beer, mead, and wine), or

"The Minister must talk to people before making rules about selling some types of alcohol with less than 15% ethanol."

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401: Point-of-sale information regulations, or

"Rules for shops to display alcohol information"

Part 3 Licensing trusts, community trusts, and other matters
Other matters: Regulations

400Regulations banning or restricting certain alcohol products

  1. Regulations made under section 397 may do any or all of the following things:

  2. declare any product containing ethanol to be a banned alcohol product or a restricted alcohol product:
    1. declare products of any described kind containing ethanol to be banned alcohol products or restricted alcohol products:
      1. regulate or control the distribution, importation, manufacture, or sale of restricted alcohol products (or regulate or control any or all of those things):
        1. regulate, control, or prohibit the advertising, display for sale, labelling, packaging, or promotion of restricted alcohol products (or regulate, control, or prohibit any or all of those things).

          1. A product may be declared to be a banned alcohol product or a restricted alcohol product by reference to its name or trade name.

          2. A kind of product may be described by reference to any or all of the following characteristics:

          3. its ethanol content as a proportion:
            1. its ethanol content described in terms of a standard drink (as defined in the regulations concerned):
              1. its content of any ingredient or ingredients other than ethanol:
                1. the proportions of any of its ingredients (whether or not including ethanol):
                  1. the lack of any ingredient or ingredients:
                    1. the capacity of the container in which it is sold or supplied:
                      1. the state in which it is sold or supplied.

                        1. Subsection (3)(f) does not prevent the description of a kind of product not (or not necessarily) sold or supplied in containers.

                        2. Before recommending the making of regulations of a kind described in subsection (1), the Minister must, to the extent that is reasonably practicable having regard to the circumstances of the particular case, consult the persons the Minister has reason to believe are representative of interests likely to be substantially affected by the regulations.

                        3. This subsection applies to regulations—

                        4. declaring any product containing ethanol to be a banned alcohol product; or
                          1. declaring products of any described kind containing ethanol to be banned alcohol products.

                            1. The Minister must not recommend the making of regulations to which subsection (6) applies unless satisfied, after consultation with the Minister of Health, that the product or kind of product concerned—

                            2. is particularly dangerous to health; or
                              1. has special appeal to young people because of—
                                1. its nature; or
                                  1. any advertising, display for sale, labelling, packaging, or promotion.

                                  2. The Minister must not recommend the making of regulations of a kind described in subsection (1) that come into force sooner than the day 3 months after the date of their publication under the Legislation Act 2019 unless satisfied, after consultation with the Minister of Health, that there exists or is about to exist a situation serious enough to justify urgent action.

                                  Notes
                                  • Section 400(8): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).