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Specific NPS Legislation for NEW ZEALAND

Specific NPS Legislation
Psychoactive Substances Act 2013
2013
The Psychoactive Substances Act 2013, (in force since July 2013) regulates the availability of psychoactive substances in New Zealand to protect the health of, and minimize harm to, individuals who use psychoactive substances.

The Psychoactive Substances Act 2013 covers any substance, mixture, preparation, article, device, or thing that is capable of inducing a psychoactive
effect that is not currently regulated as a;
a) controlled drug specified or described in Schedule 1, 2, or 3 of the Misuse of Drugs Act 1975.
b) a precursor substance specified or described in Schedule 4 of the Misuse of Drugs Act 1975:
c) a medicine within the meaning of section 3 of the Medicines Act 1981 or a related product within the meaning of section 94 of that Act:
d) a herbal remedy (within the meaning of section 2(1) of the Medicines Act 1981):
e) a dietary supplement (within the meaning of regulation 2A of the Dietary Supplements Regulations 1985):
f) any food (within the meaning of section 2 of the Food Act 1981):
g) any alcohol, unless the alcohol contains a psychoactive substance as defined in subsection (1) or (2) that is not alcohol:
h) any tobacco product (within the meaning of section 2(1) of the Smoke-free Environments Act 1990), unless the tobacco product contains a psychoactive substance as defined in subsection (1) or (2) that is not tobacco:

It should be noted that the Psychoactive Substances Act (PSA) came in to effect mid July 2013. When the Act was passed, substances that met the definition were briefly assessed and some were allowed to stay on the market under interim licences (48 products). All licences were revoked in May 2014 due to an amendment to the Act. The regulations for product approval have now been approved and will come into force on the 3rd of November 2014. The retail regulations, which allow for wholesale and retail licensing, including of retail premises, for the sale of psychoactive substances, are due to be amended and come into force in November 2015. As of June 2015, around 37 local authorities have adopted Local Approved Product Policies (LAPPs) for the sale of psychoactive substances [https://psychoactives.health.govt.nz/psychoactive-substances-retail-regulations].  

Under the new legislation, the importation, supply, labelling, manufacture and possession of NPS is subject to requirements similar to those imposed upon manufacturers and suppliers of medications, food or chemicals, and therefore it only allows the sale of those that can meet safety and manufacturing requirements. The new legislation restricts all psychoactive substances by default, and only allows the sale of those that have been approved by a regulatory body. The Government will no longer have to demonstrate that a product is harmful before restricting it. The new legislation reversed the onus of proof to sponsor/manufacturer of the product who has to demonstrate that a product is low risk before it can be legally sold. It also established an expert advisory group and a regulatory authority to assess products and regulate sales: the Psychoactive Substances Regulatory Authority and the Psychoactive Substances Expert Advisory Committee. The regulatory authority is authorized to issue licenses for the importation, manufacture, and sale of psychoactive substances and to approve psychoactive products. A clinical testing regime was established, including animal trials. The Act also regulates the control of approved products, creates offences relating to the sale and supply of psychoactive substances that are not approved products and also deals with other regulatory matters, including age restrictions (sales restricted to licensed premises to over 18s) and place-of-sale restrictions on the sale of approved products; advertising, labelling, and packaging restrictions and requirements for approved products; health-warning requirements for approved products; creating offences relating to the sale of approved products by or to persons under the age of 18 years and the possession of psychoactive substances without a licence; authorising the Authority to recall approved products in certain circumstances. The psychoactive substances Act 2013 initially granted interim licenses for selling of NPS considered to be low risk until the introduction of the Act’s regulations. By September 2013, it was estimated that around 110 retail licenses were issued. In early 2014, following assessment and/or reports of adverse reactions reported to the Centre for Adverse Reactions Monitoring (CARM), six NPS were recalled from the market. In May 2014, an Amendment to the Psychoactive Substances Act was passed, which ended the interim licensing period starting 7th May 2014, which means that all interim retail and wholesale licenses are cancelled and all remaining NPS given interim approval will be removed from sale. In addition, under the Amendment it will no longer be legal to manufacture, distribute, retail and possess such substances. While the intent of the original Psychoactive Substances Act remains with approved low risk products able to come to market in the future when regulations are made, the Amendment banned the use of animal testing data in support of product approvals. (See Psychoactive Substances Amendment Act 2014 [http://legislation.govt.nz/act/public/2014/0024/latest/DLM6099308.html])

If you have any further information or any amendments to the information provided on this page, please send an email to Global SMART (UNODC-globalsmart@un.org).