Therapeutic Products Bill - Amendment paper No 371
Therapeutic Products Bill - Amendment paper No 371
Therapeutic Products Bill - Amendment paper No 371
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No 371
House of Representatives
Supplementary Order Paper
Tuesday, 18 July 2023
Therapeutic Products Bill
Proposed amendment
Dr Shane Reti, in Committee, to move the following amendment:
Clause 16
Replace clause 16(2A) (page 31, line 32 to page 32, line 1) with:
(2A)
A product is not a therapeutic product under subsection (1)(a) if—
(a)
it is a food, as defined in section 9 of the Food Act 2014 (but disregarding section 9(1)(c)(iii)),—
(i)
for which there is an adopted joint food standard in force under the Food Act 2014 that is applicable to the product; and
(ii)
that if it were a therapeutic product would be an NHP; or
(b)
it is a cosmetic to which a Cosmetic Products Group Standard issued under section 96B of the Hazardous Substances and New Organisms Act 1996 applies.
Explanatory note
This Supplementary Order Paper amends the Therapeutic Products Bill. The cosmetics industry in New Zealand has $1.25 billion in turnover with annual exports of $400 million. There are currently 24 New Zealand manufacturers. The definition of a natural health product (NHP) in the Bill has a very wide and interpretive set of meanings and includes a specific list of ingredients that are widely used in cosmetic products. Such width of definition provides far too much scope to include cosmetic products, which might have a health benefit but are not a health product. For example, anti-wrinkle creams, toothpaste, and potentially even shampoos have health benefits but are well accepted as being cosmetic products globally. There is also concern around the Bill’s regulation of the $400 million cosmetic export market. If ingredients that are naturally sourced (such as lanolin or lavender) were used in a product deemed to be providing a health benefit (ie an NHP under the current definition), they would be captured under the Bill’s scope. In such circumstances, the products would require an export licence, as well as having to meet any good manufacturing practices the Bill determines are required, which would be a potential barrier to trade. In this circumstance, the cost to industry of the Bill’s regulation would raise pricing for exports, thereby making New Zealand products less competitive or uncompetitive.
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Therapeutic Products Bill - Amendment paper No 371
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