Repeal Bill implements a ‘lift-and-shift’ of the Dietary Supplements Regulations 1985
Last week Parliament agreed to amend the Repeal Bill to ‘lift-and-shift’ the Dietary Supplements Regulations 1985 (the Regulations). The effect of the amendment is to deem that the Regulations are made under the Food Act 2014, instead of the repealed Food Act 1981.
The amendment also included two changes to the Regulations themselves:
- Inserting a clause that provides that the adopted joint food standards do not apply to dietary supplements. Despite this, changes can be made in the future to the Regulations to adopt joint food standards where necessary.
- Revoking Part 3 (Offences and penalty) of the Regulations. This means that the offences, penalties and defences under the Food Act 2014 apply to dietary supplements in the same way as for other “food” regulated under the Act.
As a practical consequence of the amendment, the Regulations will no longer expire on 1 March 2026 and will, instead, continue in force until amended or revoked.
The ‘lift-and-shift’ means that all the administrative powers under the Food Act 2014 apply to dietary supplements, including the exemption powers for exported products. For example, exporters will be able to apply for exemptions from New Zealand labelling and composition requirements to enable them to better compete in international markets.
The ‘lift-and-shift’ is the first in a series of regulatory changes to facilitate the export of dietary supplements. The Ministry for Primary Industries is leading work on interim improvements to the Regulations, with more announcements expected in 2025.
A media release on the ‘lift-and-shift’ of the Regulations can be found on the Beehive website.
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