‘Proposed ‘Natural Health Products Bill’ in New Zealand Would Fine Individuals $50,000 for Making a Cup of Unapproved Herbal Tea’

April 12th, 2012

I tried to determine if one could theoretically wind up on the wrong side of this thing for producing, for example, one’s own chamomile tea.

The following is from Natural Health Products Bill 324-1:

Manufacture of natural health products
28 Licence to manufacture natural health products
(1) A person must not manufacture a natural health product without
a licence to manufacture granted under section 29.
(2) The following persons are exempt from subsection (1): 25
(a) any exporter of a natural health product who is not also
seeking an export certificate for the product; and
(b) any health practitioner who makes a natural health product
to be administered to a particular person after being
requested by or on behalf of that person to use the prac- 30
titioner’s own judgement as to the treatment required.
29 Application for licence to manufacture
(1) An application for a licence to manufacture natural health
products must be made to the Authority in the prescribed
manner.

Boiled down, it looks like this: “A person must not manufacture a natural health product without a licence.” The exemptions to this are some exporters and health practitioners. That’s it. I see nothing about exemptions for personal use.

So, hmm.

I suppose it depends on what the government means by the word, “manufacture.” Maybe there’s a lawyer in New Zealand who could let us know what the word manufacture means in this context.

The grim reality that the government is seeking to regulate just about anything it wants as a natural health product, requiring licenses, databases, mandatory inspections, and imposing fines, jail sentences, etc., etc. on those who don’t comply, is a different matter.

First things first: Can someone, in theory, wind up facing a NZ$50,000 fine for making their own chamomile tea?

The fact that the question has to be asked at all is just another indication that New Zealand is doomed.

Via: Natural News:

If passed, NHPB will combine with the equally-threatening New Zealand Food Bill (http://www.naturalnews.com) to make it essentially illegal for individuals to even prepare for themselves, let alone try to sell, herbal products and teas, vitamins and supplements, or any other natural products that are not explicitly approved by the government as acceptable.

Overturning the common law principles of freedom that have triumphed in New Zealand for centuries, Bill 324-1 will require that all herbal remedies, traditional treatments, homeopathic remedies and dietary supplements first be approved — and very strictly regulated — by the government before being allowed to be sold or even prepared for one’s own personal use.

“The system will, for the first time in New Zealand, introduce risk-based regulation of natural health products,” says Bill 324-1. In simple terms, this means that natural herbs, vitamins, minerals, and all other nutrients used to promote health and prevent disease will be subject to the same corrupt regulatory approval process that pharmaceutical drugs are, which will in turn make it difficult or even impossible for New Zealanders to access many of these products in the future.

Research Credit: alvinroasting

6 Responses to “‘Proposed ‘Natural Health Products Bill’ in New Zealand Would Fine Individuals $50,000 for Making a Cup of Unapproved Herbal Tea’”

  1. Dennis Says:

    I’m not a lawyer but going on Clause 6 I’d say there’s a very strong argument against chamomile tea being illegal as, by their own definition, it constitutes a food and is therefore exempt:

    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

    Chewing gum is obviously very special stuff that deserves special mention. Does anyone know who is behind this bill?

    Manuka (NZ Tea Tree) oil should also be fine due to having scientific and ‘traditional use’ evidence to back it up. It’d be interesting to see if marijuana oil gets a sponsor since there’s so much evidence for its medical use now.

    The stuff that bugs me is the prohibition of manufacture and distribution without a license (Would this mean you couldn’t produce your own Manuka honey or oil and give it to friends?) and Clause 9 which basically say that when making decisions on on health products the NZ government may kowtow to an overseas authority that has more ‘robust’ standards.

  2. Kevin Says:

    Ok, so if the argument can be made that the substance in question is “food,” perhaps the $50,000 penalty can be avoided. How about aloe vera? I wonder if aloe vera will be considered a food?

  3. tochigi Says:

    aloe vera is a food in Japan. the people who voted for these pigs should be all sent to live on some subantarctic island with their national party heroes.

  4. alvinroast Says:

    I think most anything could be interpreted as food with those definitions.

    ‘anything that is or is intended to be mixed with or added to any food or drink’

    The pills that I wash down with a glass of water could count as food according to that. I think the bigger problem is that it opens the door for changing interpretations. If a particular food is found to be therapeutic it could then be banned. The entire idea that food and health products are different is rather sketchy to me. Food is THE primary health product. (Or disease product in the case of Phood) It seems like the only way to effectively argue that your food is not a natural health product would be to eat junk food.

    First they came for the chamomile tea drinkers, but I didn’t care because I’m allergic to chamomile…

  5. Dennis Says:

    Does anyone know how I can find out who authored this bill? It’d be good to know who was behind it.

  6. tal Says:

    “Let your food be your medicine and your medicine be your food.”
    Hippocrates

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