Natural Health and Supplementary Products Bill

  • lapsed on 22 August 2017
6 Definition of natural health and supplementary product

(1)

In this Act, unless the context otherwise requires, a natural health product means a product

(a)

that is intended by the sponsor of the product

(i)

to be administered to a human being; and

(ii)

to bring about a health benefit to the person to whom the product is administered; and

(iii)

to be administered by any of the methods specified in subsection (2); and

(iv)

not to be administered by any of the methods specified in subsection (3); and

(b)

that, subject to section 22(2)(b)(i), contains only natural health product ingredients; and

(c)

that does not contain any prohibited ingredient; and

(d)

that is not

(i)

a food; or

(ii)

a prescription medicine or pharmacy-only medicine as those terms are defined in the Medicines Act 1981; or

(iii)

a controlled drug within the meaning of the Misuse of Drugs Act 1975.

(2)

The methods of administration referred to in subsection (1)(a)(iii) are the following:

(a)

oral ingestion:

(b)

application to the skin, scalp, or nails:

(c)

application to the teeth, throat, anal canal, or vagina:

(d)

application to the mucosa of the mouth or nose.

(3)

The methods of administration referred to in subsection (1)(a)(iv) are the following:

(a)

injection or parenteral infusion:

(b)

application to the eye:

(c)

application in the ear.

(1)

Natural health and supplementary product means, subject to subsection (2), any product that

(a)

is, or appears to be, manufactured

(i)

for human use; and

(ii)

for the primary purpose of bringing about a health benefit to the person who uses the product; and

(b)

contains only permitted ingredients unless

(i)

section 22(2)(b)(i) applies; or

(ii)

the product is a dietary supplement; and

(c)

is not, or is not presented as, a food.

(2)

Natural health and supplementary product does not include

(a)

any medicine that

(i)

the Minister has, under section 20 or 23 of the Medicines Act 1981, given consent to its distribution; or

(ii)

the Minister is, under section 20(7) of that Act, deemed to have given consent to its distribution; or

(iii)

the Director-General, has under section 24 of that Act, given consent to its distribution:

(b)

any related product that the Minister has, under section 20 and 96 of the Medicines Act 1981, given consent to its distribution:

(c)

any medical device that is the subject of a declaration under regulation 6 of the Medicines (Database of Medical Devices) Regulations 2003.

(3)

In subsection (1), food means anything that is ordinarily used or represented for use as food or drink for human beings.