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Thread: Reply to query from NSW Government Health

  1. #1
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    Reply to query from NSW Government Health

    My husband - a non smoker - just couldn't leave well enough alone and HAD to ask This is part of the reply he received from NSW Health :

    "Nicotine, other than for therapeutic use or in tobacco prepared and packed for smoking, is a Schedule 7 poison under the national Standard for the Uniform Scheduling of Medicines and Poisons.

    The unauthorised possession of a Schedule 7 poison in any products, including electronic cigarettes and e-liquids is an offence under the Poisons and Therapeutic Goods Regulation 2008 NSW (the regulation). Anyone in possession of liquid nicotine, including for use in electronic cigarettes or e-liquids without approval from NSW Health may be prosecuted.

    Under the regulation, it is also an offence to supply a product containing nicotine which does not have the quantity of nicotine clearly written on the main labels of both the primary packaging and the immediate container/s.

    The importation or supply of goods that make a therapeutic claim (for example ‘this product will help you to quit or reduce smoking’) and that are not registered with the Therapeutic Goods Administration (TGA) is an offence under both the NSW regulation and national (Therapeutic Goods Act 1989) legislation. Currently, there are no electronic cigarette products registered with the TGA as ‘therapeutic goods’.

    Go figure - absolutely insane .....

  2. #2
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    i say that's tosh personally. its one interpretation of the scheduling, but I do not believe that it is entirely accurate.

    http://ataca.org.au/smokescreen/just...legal-question

    sale or supply is prohibited
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  3. #3
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    Here is the act they refer to in the OP.

    POISONS AND THERAPEUTIC GOODS REGULATION 2008

    I only had a cursory glance cause I'm not from NSW but I don't think it specifies possession of a Schedule 7 poison is in any way illegal. Although if you buy your nic for therapeutic reasons or as a drug it might be.

    Happy to be corrected though

  4. #4
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    That's alright - my nic and hardware make no claims about helping to eliminate or reduce smoking. But quietly, I know they do... Shhhhhh!

    Under the regulation, it is also an offence to supply a product containing nicotine which does not have the quantity of nicotine clearly written on the main labels of both the primary packaging and the immediate container/s.
    but it's illegal isn't it? whats does the label matter if it's illegal? may as well sell in in small baloons
    Last edited by Altered1; 04-11-14 at 05:09 PM.
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  5. #5
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    Who knows? Just found the reply interesting ......

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    So according to that cigarettes are i contravention to that act as they don't display the quantity of nicotine anymore.

  7. #7
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    Quote Originally Posted by Davi View Post
    Here is the act they refer to in the OP.

    POISONS AND THERAPEUTIC GOODS REGULATION 2008

    I only had a cursory glance cause I'm not from NSW but I don't think it specifies possession of a Schedule 7 poison is in any way illegal. Although if you buy your nic for therapeutic reasons or as a drug it might be.

    Happy to be corrected though
    Actually, I'll just correct myself after a better look. They don't use the term possess so my quick scan didn't pick this up. It does seem that the letter your husband received might be right though.....


    "20 Certain Schedule 7 substances to be supplied and used only under an authority

    (1) A person must not obtain or use a Schedule 7 substance unless the person holds an authority under Part 8 to obtain or use the substance.
    Maximum penalty: 10 penalty units."

    and here is Part 8....

    "(8) This clause does not apply to:
    (a) the supply by wholesale of any Schedule 7 substance, or
    (b) the use by a person of any Schedule 7 substance that is:
    (i) a pesticide (within the meaning of the Pesticides Act 1999 ), or
    (ii) a stock medicine (within the meaning of the Stock Medicines Act 1989 ),
    or the supply to, or obtaining by, such a person of any such substance, or
    (c) the use by a person in charge of an institution or facility for scientific research, instruction, analysis or study of any Schedule 7 substance for use in that institution or facility, or the supply to, or obtaining by, such a person of any such substance for use in that institution or facility, or
    (d) the use by a person of any Schedule 7 substance (other than a highly dangerous substance) for non-domestic purposes, or the supply to, or obtaining by, a person of any such substance for use for non-domestic purposes."
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  8. #8
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    Haven't we learned yet that pestering those who make the rules with our own little interpretations of laws will make 2/5 of sweet fuckall difference.
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    Pipes, tubes, boxes, atomisers.

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    Given that nicotine is actually ~20 times less toxic than it is currently classified, it really needs to be dropped a few schedules.

    I think this might be about to happen in the UK.
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  10. #10
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    I'm surprised by this. I live in NSW and I always thought import for personal consumption was OK.

    Well that's made my day.... not...
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