Plain language law

New Zealand law explained for everyone

Medicines Act 1981

Dealings with medicines and medical devices - Exemptions

31: Exemptions for agents and employees

You could also call this:

"Rules for workers who help licensed medicine makers, sellers, or suppliers"

Illustration for Medicines Act 1981

If you are an agent or employee of someone who has a licence to make, sell, or supply medicines, you can do these things too, as long as you are working for them. You must follow the rules in the Medicines Act 1981 and any regulations made under this Act. When selling some medicines, like prescription medicines, you must be a pharmacist or work under the supervision of a pharmacist. If you want to make, sell, or supply medicines, you must work at a place where your boss is allowed to do these things. You must also follow any conditions that your boss has to follow. There are some exceptions to these rules, for example, if you are a pharmacist working for someone who is not a pharmacist but has a licence to operate a pharmacy, you can still make, sell, or supply medicines. You can read more about these rules in sections 17 to 24, section 26, section 27, section 28(2), and section 30 of the Medicines Act 1981.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM55432.

Topics:
Health and wellbeing > Healthcare servicesWork and jobs > Worker rightsWork and jobs > Job licenses
Previous

30: Exemption for clinical trial, or

"Special rules for testing new medicines in clinical trials"

Next

32: Exemptions for natural therapists and others, or

"Some people can make and sell certain medicines without following all the rules."

Part 2Dealings with medicines and medical devices
Exemptions

31Exemptions for agents and employees

  1. Notwithstanding sections 17 to 24, but subject to subsections (2) and (3) and to the other provisions of this Act and to any regulations made under this Act,—

  2. any authority conferred by a licence to manufacture, sell, supply, pack, or label any medicine other than a restricted medicine; and
    1. any authority conferred by section 26 or section 27 to sell, supply, pack, or label any medicine other than a restricted medicine; and
      1. any authority conferred by section 28(2) to sell or supply a herbal remedy; and
        1. any authority conferred by section 30 to manufacture, sell, supply, pack, or label a medicine—
            1. shall extend and apply to any agent or employee of a person so authorised acting in the course of that person's agency or employment.

          1. Except as provided in regulations made under this Act, any authority conferred by subsection (1) to sell, supply, pack, or label a medicine shall,—

          2. in the case of a sale by retail, or supply in circumstances corresponding to retail sale, of prescription medicines, extend and apply only to the sale and supply of those medicines by, or under the supervision of, a pharmacist, responsible person, or other person licensed to sell those medicines:
            1. in the case of the packing or labelling of medicines, extend and apply only to the packing and labelling of the medicines by, or under the supervision of, a pharmacist, responsible person, or other person licensed to sell medicines.

              1. Subsection (1) shall not authorise a person to manufacture, sell, supply, pack, or label a medicine—

              2. at any place, if that person's principal or employer is not authorised by or under this Act to manufacture, sell, supply, pack, or label (as the case may require) medicines at that place; or
                1. otherwise than in accordance with any conditions, imposed by or under this Act, to which that person's principal or employer is subject.

                  1. Subsection (3)(a) does not apply in respect of any authority conferred by section 26 on a pharmacist or on a pharmacist employed or engaged by a person who is not a pharmacist but who holds a licence to operate a pharmacy.

                  Compare
                  • 1960 No 97 ss 13(1)(a), (f), (6), 14(1)
                  Notes
                  • Section 31(4): added, on , by section 10 of the Medicines Amendment Act 2003 (2003 No 50).