Natural Health and Supplementary Products Bill

  • lapsed on 22 August 2017
5 Interpretation

In this Act, unless the context otherwise requires,—

additive means any preservative, antioxidant, colouring, flavouring, or sweetener

advisory committee means the Natural Health and Supplementary Products Advisory Committee established under section 10

allowable claim means any health benefit claim that the authority has, under section 12B(1), determined may relate to a named condition

approved pharmacopeia means a pharmacopeia listed in Schedule 2

appeals committee means the Natural Health Product Appeals Committee Natural Health and Supplementary Products Appeals Committee established under section 42 section 41

authorised person means any person to whom the Authority has delegated any powers, functions, or duties under section 45

authorised person means

(a)

a person authorised by the Authority for the purpose of section 31A; or

(b)

a person to whom the Authority has delegated any powers, functions, or duties under section 45

Authority means the Natural Health Products Regulatory Authority Natural Health and Supplementary Products Regulatory Authority established under section 8

code means the code of practice for manufacturing natural health and supplementary products established under section 27

database means the natural health and supplementary products database established under section 11

dietary supplement means a product that is

(a)

sold in a controlled dosage form as a liquid, powder, or tablet (which might be described on the label as a cachet, capsule, lozenge, or pastille instead of as a tablet); and

(b)

intended to be ingested orally; and

(c)

intended to supplement the amount of the amino acid, edible substance, herb, mineral, synthetic nutrient, or vitamin normally derived from food

food means anything that is used or represented for use as food or drink for human beings; and includes

(a)

any ingredient or nutrient or other constituent of any food or drink, whether that ingredient or nutrient or other constituent is consumed or represented for consumption by human beings by itself or when used in the preparation of or mixed with or added to any food or drink; and

(b)

anything that is or is intended to be mixed with or added to any food or drink; and

(c)

chewing gum, and any ingredient of chewing gum, and anything that is or is intended to be mixed with or added to chewing gum

food has the meaning given to it in section 6(3)

formulation aid means any thing that is added to a product to

(a)

provide a carrier for the product’s active ingredients:

(b)

modify the pH, viscosity, or handling properties of the product during its manufacture:

(c)

provide a vehicle for its administration

health benefit means any 1 of the following benefits:

(a)

the maintenance or promotion of health or wellness:

(b)

nutritional support:

(c)

vitamin or mineral supplementation:

(d)

affecting or maintaining the structure or function of the body:

(e)

relief of symptoms of any condition that is not a serious condition

health benefit claim means a claim of a health benefit

Internet site means an Internet site that is publicly accessible at all reasonable times

label includes any written, pictorial, or other descriptive matter that

(a)

relates to any natural health and supplementary product or any package containing that product; and

(b)

appears on, is attached to, or is associated with that product

licence to manufacture means a licence granted under section 29 to manufacture natural health products natural health and supplementary products granted under section 29

manufacture, in relation to a product, means to make up, prepare, produce, or process the product for the purposes of sale, and includes the packaging of the product in a container for the purposes of sale

Minister means the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

named condition has the meaning given to it in section 12C

natural health and supplementary product has the meaning given to it in section 6

natural health product database means the database established under section 11

natural health product ingredient means any substance that

(a)

belongs to a class of substance that is listed in the Schedule; and

(b)

is declared by the Authority to be a natural health product ingredient under section 20

notified natural health and supplementary product means a natural health and supplementary product for which a product notification has been completed

permitted ingredient means any substance that is, or belongs to a class of substance, listed in Schedule 1 and declared by the Authority under section 20 to be a permitted ingredient

prescribed manner means the manner prescribed in regulations

product notification means the product notification required under section 13

product notifier, in relation to a natural health and supplementary product, means the person identified as the product notifier under section 11A

prohibited ingredient means any ingredient substance declared by the Authority to be a prohibited ingredient under section 21

recognised authority means a person or body for the time being declared to be a recognised authority under section 9

regulations means regulations made under this Act

serious condition means a disease, disorder, condition, ailment, or defect (or any symptom of the disease, disorder, condition, ailment, or defect) that is generally accepted as not suitable for at least 1 of the following:

(a)

self-diagnosis:

(b)

self-management

sponsor means, in relation to a natural health product, a person who imports or manufactures, or arranges the import or manufacture of, a natural health product.

scientific evidence means evidence derived from either or both of the following sources:

(a)

empirical studies:

(b)

repeatable experiments

traditional evidence means evidence of traditional use of a substance based on knowledge, beliefs, or practices passed down from generation to generation

use, in relation to a product, includes

(a)

consumption of the product; and

(b)

being administered the product.