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    Default Information about selling legal highs and psychoactive substances under the new law

    This will be an information page about selling legal highs and psychoactive substances under the new law in New Zealand.

    For more up to date information visit http://www.legalhighs.co.nz

    Application forms

    The links below contain the application forms for interim product approvals and licences.
    Those wishing to apply for interim product approvals and licences have 28 days from the commencement of the Psychoactive Substances act 2013.
    Application Form for an Interim Approval of a Psychoactive Product (doc, 212 KB)
    Application Form for an Interim Licence to Retail Psychoactive Products (doc, 207 KB)
    Application Form for an Interim Licence to Import Psychoactive Substances (doc, 203 KB)
    Application Form for an Interim Licence to Manufacture Psychoactive Substances (doc, 200 KB)
    Application Form for an Interim Licence to Wholesale Psychoactive Products (doc, 200 KB)
    Application Form for an Interim Licence to Research (doc, 200 KB)
    Application Form for an Interim Licence to Sell Psychoactive Substances that are not Approved Products (doc, 201 KB)





    From Health.govt.nz
    Psychoactive Substances Regulatory Authority

    Distribution of psychoactive substances and products in New Zealand.

    Parliament has recently passed the Psychoactive Substances Bill. The new legislation regulates the importation, manufacture and supply of psychoactive substances, which are the active ingredients in party pills, energy pills and herbal highs. Regulating psychoactive substances will help protect the health of, and minimise harm to, individuals who use these substances.
    The new legislation establishes a Psychoactive Substances Regulatory Authority within the Ministry of Health. The Regulatory Authority will be responsible for ensuring products meet adequate safety requirements before they can be distributed in New Zealand. It will also license importers, manufacturers, wholesalers and retailers.
    The legislation will commence following the assent of the Governor-General. This is expected next week.
    What the new Act will do

    The following changes will come into effect immediately:

    • The sale of psychoactive products is prohibited from dairies, convenience and grocery stores, supermarkets, service stations and liquor outlets
    • The sale of psychoactive products to people under 18 years of age is prohibited
    • No-one under 18 years of age is permitted to purchase or possess psychoactive products
    • Advertising of psychoactive products is strictly controlled and only permitted at the point of sale
    • All products must be labelled with health warnings, a list of the active ingredients, contact details for the manufacturer or distributor, and the telephone number of the National Poisons Centre
    • Neither advertising nor labelling is allowed to appeal to minors
    • The Regulatory Authority can withdraw a product from the market if adverse effects, including reports of addiction, are confirmed
    • New offences are created for breaches of requirements under the Act.

    Transitional period

    There is a transitional period between the Act’s commencement and when Psychoactive Substances Regulations are in place.
    Product owners and businesses will have 28 days from when the Act commences to apply for interim product approvals and licences. Interim product approval and licence fees will apply.
    During the transitional period:

    • product owners may apply for interim product approvals for psychoactive products
    • established businesses who trade in psychoactive products may apply for interim licences to continue these activities. This does not apply to businesses that are prohibited from selling psychoactive products
    • non-approved products must be removed from the market
    • non-licensed businesses must cease trading in psychoactive products.

    Psychoactive Substances Regulations

    The transitional period will end with the completion of the Psychoactive Substances Regulations, which are expected to be in place later in the year. These regulations to the Act will prescribe the processes and fees required for new product approvals and longer-term licences.
    All holders of interim approvals and licences must reapply in order to continue trading in psychoactive products once the regulations are completed.
    New psychoactive products

    When the Psychoactive Substances Act commences, no new psychoactive products may be introduced to the New Zealand market until approval has been obtained.
    Applications for approval cannot be submitted until the Psychoactive Substances Regulations are completed. These regulations will outline the information that the Regulatory Authority will require to assess applications.
    More information, including a link to the new legislation and required approval processes will be available on this website shortly.
    Last edited by Neo; 19-07-2013 at 01:52 PM.
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    Aka: We couldnt finish the bill in time for the deadline so we have intoduced a half assed version for now. Hopes are to appease and settle the masses of media-mislead, utterly frantic and morally distort kiwis until the next due date. Time to see if Big pharma, alcohol or tobacco industries will show a interest and finacially sway the bill towards a illegitimate panel whom will twist scientific evidence for compromised and unfair reasons.

    Dont forget politics folks.. Regulations are still not 100% set for reasons.
    "All matter is merely energy condensed to a slow vibration. We are all one consciousness experiencing itself subjectively."

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    I'm really not surprised at all that they've just phoned in the rest of the bill, with Peter Dunne leaving and all. On a side note, have they even given a hint as to what would be required for interim product approval?
    “Live a good life. If there are gods and they are just, then they will not care how devout you have been, but will welcome you based on the virtues you have lived by. If there are gods, but unjust, then you should not want to worship them. If there are no gods, then you will be gone, but will have lived a noble life that will live on in the memories of your loved ones.” - Marcus Aurelius, Meditations

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    Quote Originally Posted by BeardOfZeus View Post
    I'm really not surprised at all that they've just phoned in the rest of the bill, with Peter Dunne leaving and all. On a side note, have they even given a hint as to what would be required for interim product approval?
    Full legislation can be found here;
    http://www.legislation.govt.nz/act/p...p=1#DLM5042921

    or here;
    http://www.legalhighs.co.nz/syntheti...-full-pdf/2013




    Schedule 1
    Application, savings, and transitional provisions

    ss 5(2), 107
    1 Interpretation

    • In this schedule,—
      full application means,—

      • (a) in respect of a psychoactive product granted interim approval, an application made under section 33 by the person who applied for interim approval of the product:


      • (b) in respect of an activity to which an interim licence relates, an application made under section 13 by the person who was granted the interim licence


      interim approval means an approval of a psychoactive product granted by the Authority under clause 4

      interim licence means a licence granted by the Authority under clause 8.



    2 Transitional arrangement for psychoactive substances or psychoactive products lawfully imported, manufactured, researched, or sold before commencement of Act

    • (1) This schedule applies to a psychoactive substance or psychoactive product that was lawfully being imported, manufactured, researched, or sold throughout the period of 3 months immediately before the commencement of this Act.

      (2) The psychoactive substance or psychoactive product may continue to be imported, manufactured, researched, or sold after the commencement of this Act, but only,—

      • (a) in the case of the sale of a psychoactive product, if the Authority has granted an interim approval in respect of the product; and


      • (b) by a person who holds an interim licence while that licence remains in force.



    Interim approval of psychoactive products

    3 Application for interim approval of psychoactive product

    • (1) A person who is a New Zealand resident may, within 28 days after the commencement of this Act, apply for the interim approval of a psychoactive product to which this schedule applies.

      (2) An application under subclause (1) must—

      • (a) be made in a form or manner approved by the Authority; and


      • (b) contain the following information:

        • (i) the full name and address (including an electronic address, if available) of the person; and


        • (ii) the physical address of the premises from which the psychoactive product was manufactured; and


      • (c) be accompanied by—

        • (i) the information specified in subclause (3); and


        • (ii) the appropriate fee payable for an application for an interim approval specified in clause 10.


      (3) For the purposes of subclause (2)(c)(i), the information is—

      • (a) a statutory declaration made by the applicant stating that the psychoactive product to which the application relates has been lawfully sold in New Zealand throughout the period of 3 months immediately before the commencement of this Act; and


      • (b) any other information that the Authority reasonably requires and that is notified in writing to the applicant.


      (4) The Authority may, as the Authority thinks fit, waive the fee payable for an application for an interim approval of a psychoactive product, in whole or in part, in any particular case or class of cases.


    4 Grant of interim approval

    • Subparts 2 and 3 of Part 2 (except sections 33 and 37(a)(i)) apply, with any necessary modifications, to an application for interim approval as if it were an application made under section 33.


    5 Control of psychoactive products granted interim approval

    • Part 3 applies, with any necessary modifications, to a psychoactive product granted interim approval as if it were an approved product.


    6 Duration of interim approval

    • (1) This clause applies to a psychoactive product granted interim approval by the Authority under clause 4.

      (2) Within 28 days after the date on which regulations made under sections 95 and 101(1)(a) come into force, the person who applied for an interim approval of the psychoactive product must notify the Authority in writing that the person—

      • (a) does not wish to make a full application in respect of the product; or


      • (b) wishes to make a full application in respect of the product.


      (3) If subclause (2)(a) applies, the interim approval of the product is deemed to be revoked on the date on which the Authority receives that notification.

      (4) If subclause (2)(b) applies, the person must submit the full application to the Authority—

      • (a) as soon as practicable after the date on which regulations made under sections 95 and 101(1)(a) come into force; and


      • (b) no later than 3 months after those regulations come into force or any longer period that the Authority may allow in the circumstances.


      (5) If the person submits a full application in accordance with subclause (4), the interim approval granted in respect of the psychoactive product continues in force until the date on which the full application under section 33 is determined under this Act, and the interim approval is then deemed to be revoked.

      (6) For the purposes of subclause (4), the Authority may, on any 1 or more occasions, require the person to provide any relevant information that the Authority requires in order to establish whether that person is taking reasonable steps to submit a full application.

      (7) If, after considering any information provided under subclause (6), the Authority is not satisfied that the person is taking reasonable steps to submit a full application within the period specified in subclause (4), the Authority must revoke the interim approval granted in respect of the psychoactive product.

      (8) If an interim approval is revoked under subclause (7), the revocation takes effect on the date on which the Authority notifies the person who applied for the interim approval of the revocation.


    Interim licences

    7 Application for interim licence

    • (1) A person who is a New Zealand resident may, within 28 days after the commencement of this Act, apply to the Authority for 1 or more of the following interim licences:

      • (a) an interim licence to import psychoactive substances:


      • (b) an interim licence to manufacture psychoactive substances:


      • (c) an interim licence to research psychoactive substances:


      • (d) an interim licence to sell psychoactive substances:


      • (e) an interim licence to sell a psychoactive product granted interim approval by retail:


      • (f) an interim licence to sell a psychoactive product granted interim approval by wholesale.


      (2) An application under subclause (1) must—

      • (a) be made in a form or manner approved by the Authority; and


      • (b) contain the following information:

        • (i) the full name and address (including an electronic address, if available) of the person; and


        • (ii) the physical address of the premises to which the application relates, if applicable; and


      • (c) be accompanied by—

        • (i) the information specified in subclause (3); and


        • (ii) the appropriate fee payable for an application for an interim licence specified in clause 10.


      (3) For the purposes of subclause (2)(c)(i), the information is—

      • (a) a statutory declaration made by the applicant stating that the applicant—

        • (i) was, during the period of not less than 28 days immediately before the commencement of this Act, in the business of importing, manufacturing, researching, or selling psychoactive substances or products to which this schedule applies; and


        • (ii) is aware of any conditions or other requirements pertaining to the licence and agrees to comply with them; and


      • (b) written consent of the applicant for the Authority to access any personal information about the applicant relevant to the application, including (without limitation) any Police records; and


      • (c) any other information that the Authority reasonably requires and that is notified in writing to the applicant.


      (4) The Authority may, as the Authority thinks fit, waive the fee payable for an application for an interim licence, in whole or in part, in any particular case or class of cases.


    8 Grant of interim licence

    • Subparts 1 and 3 of Part 2 (except sections 13 and 16(1)(a)) apply, with any necessary modifications, to an application for an interim licence as if it were an application made under section 13.


    9 Duration of interim licence

    • (1) An interim licence granted under clause 8 is deemed to be cancelled 28 days after the date on which regulations made under sections 95 and 101(1)(a) come into force unless, within that period, the holder of the interim licence makes a full application under section 13 for a licence to carry out the activity to which the interim licence relates.

      (2) If the holder of the interim licence complies with subclause (1), the interim licence continues in force until the date on which the full application under section 13 is determined under this Act, and the interim licence is then deemed to be cancelled.


    Fees

    10 Fees payable for interim approval or interim licence

    The fee payable for an application for interim approval or an application for an interim licence is the fee specified in the second column of the following table opposite the approval or licence specified in the first column:
    Interim approval of psychoactive product 10,000
    Interim licence to import psychoactive substances 500
    Interim licence to manufacture psychoactive substances 500
    Interim licence to research psychoactive substances 500
    Interim licence to sell psychoactive substances that are not approved products 500
    Interim licence to sell psychoactive products granted interim approval by retail 500
    Interim licence to sell psychoactive products granted interim approval by wholesale 500
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    Updated 19 July 2013

    Application forms

    The links below contain the application forms for interim product approvals and licences.

    Those wishing to apply for interim product approvals and licences have 28 days from the commencement of the Psychoactive Substances act 2013.


    Application Form for an Interim Approval of a Psychoactive Product (doc, 212 KB)
    Application Form for an Interim Licence to Retail Psychoactive Products (doc, 207 KB)
    Application Form for an Interim Licence to Import Psychoactive Substances (doc, 203 KB)
    Application Form for an Interim Licence to Manufacture Psychoactive Substances (doc, 200 KB)
    Application Form for an Interim Licence to Wholesale Psychoactive Products (doc, 200 KB)
    Application Form for an Interim Licence to Research (doc, 200 KB)
    Application Form for an Interim Licence to Sell Psychoactive Substances that are not Approved Products (doc, 201 KB)
    Every exit is an entrance to new experiences.

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    It is clear that, so far, safety plays no part in determining which substances stay and which go.

    It purely comes down to which brands can afford, and choose to pay, the interim licensing fees. It's really pathetic.

    The much vaunted legislation is just a fancy way of saying "if you want to sell that stuff, pay us a million bucks, and we'll let you". Blackmail with a bowtie.

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    Quote Originally Posted by smasherns View Post
    It is clear that, so far, safety plays no part in determining which substances stay and which go.

    It purely comes down to which brands can afford, and choose to pay, the interim licensing fees. It's really pathetic.

    The much vaunted legislation is just a fancy way of saying "if you want to sell that stuff, pay us a million bucks, and we'll let you". Blackmail with a bowtie.
    I think you just might be right! I see a web seller already up and running with products which don't look any different or any safer than products sold two weeks ago.

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    There is an interim licence that may be applied for so long as those products were on sale, un banned for 3 months prior to the 18th July. Once those products have an interim licence, the manufacturers must PROVE that they are testing for safety. They only have three months to do this.
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    I just thought I'd quickly mention the two obvious exemption catergories to this act.

    The first is foods. The food bill defines food, as anything found in a food. So that includes quite a wide variety of psychoactive substances, such as Phenethylamine Hordenine, NAPEs, etc.

    The second catergory is herbal medicines. Now legal that is defined according to the relevant act as any herb, or direct extract of a herb (assuming that ethanol type extracts are okay, but that the exact kind of extracts allowed, are probably very specific under the legal definition of herbal medicines). Medicines themselves however are defined very loosely under the medicines act, as basically anything that effects the body.

    So as we can see, any legal herb, or basic extract thereof, or anything found in in anything considered a food, is in fact exempt. Which gives some decent lattitude to still produce legal highs.

    HOWEVER, any substance or product can be added to the PSA, without much process, and anything considered a food can be asked to alter formulation or production with reports of undue side effects - so the product would need to be somewhere between the useless caffiene pills we have now, and the dmaa/bzp/synth cannabis type products, ie effective but mild, in order to avoid media attention and issues.

    But all the same, such a product is entirely conceivable given the exemptions. And if it caused no trouble, and didn't fly off the shelves like kronic or k2, then it would probably fly under the radar and stay kosher forever.
    "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety" - Franklin

    Drugs and alcohol are a sometimes food.

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    Weed in NZ
    Additionally, herbal teas, are considered legally food, not herbal medicines, so you actually have the most legal lattitude combining herbs in these, because that don't need to comply with the natural medicines act.

    The natural medicines act or whatever its called is the other relevant legislation. To sell something natural for therapeutic purposes, for actual consumption, there is a (rather large) list of approved herbs - but this includes potent extracts of those herbs.

    The only way to avoid this is herbal teas, which are classed as foods, interestingly. Food are only subject to regulation (including chemical isolates of anything sold as food), if they cause untoward side effects, and then the company still has the opportunity to improve their product.

    Another food with psychoactive ingredients is saffron. There used to be a few legal highs based on a liquid extract of saffron (needs to be a liquid, actives are volitile).
    "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety" - Franklin

    Drugs and alcohol are a sometimes food.

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