​​ Supply of Scheduled substances

I want to manufacture (or import) and supply herbs or other substances or products for their health benefits. What are the legal requirements to do this?

To supply a product for therapeutic use, you will need to be licensed as a sponsor by the Commonwealth Ther​aeutic Goods Administration (TGA).  Each product needs to be included in the Australian Register of Therapeutic Goods (ARTG), unless exempted by the TGA. For further information contact the TGA.  

To identify if a product is a therapeutic good refer to the TGA What are 'therapeutic goods'.  

To confirm if your product is included, or is a derivative of a substance in the Poisons Standard (SUSMP) advice from a chemist or pharmacologist is recommended. Many substances, especially herbs, are also known by different names in different countries.

Schedule 2, 3 or 4 substances

The supply of any product, substance or its derivative which is included in Schedule 2, 3 or 4 of the Poisons Standard (SUSMP) requires a  licence issued by the NSW Ministry of Health.  See Application for a Licence to Supply by wholesale Poisons and/or Restricted Substances for Therapeutic Use.

Schedule 8 substances

The supply of any product, substance or its derivative which is included in Schedule 8 of the Poisons Standard (SUSMP) requires a licence to manufacture and/or supply drugs of addiction. Application forms can be accessed at Licences under the Poisons and Therapeutic Goods Act 1966.

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Do I need a licence to supply non-therapeutic poisons, i.e., substances in Schedules 5, 6 or 7 of the NSW Poisons List?

A licence or authority is not required to supply Schedule 5 or 6 poisons by wholesale or retail in NSW.

Supply of Schedule 7 poisons requires that both the supplier and the purchaser obtain prior written authority from the NSW Ministry of Health. Refer to Summary of requirements for authority to obtain, use or supply Schedule 7 poisons for more information.

For authority to possess cyanide, you need to submit the form Application for an Authority or Renewal of an Authority to Obtain Cyanide.

For authority to possess any other schedule 7 substance (e.g. arsenic), contact Pharmaceutical Services at MOH-PharmaceuticalServices@health.nsw.gov.au.

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What are the packaging and labelling requirements for substances included in the NSW Poisons List?

Scheduled substances must be packaged and labelled in accordance with the requirements of the Poisons Standard (SUSMP). A guide to labelling drugs and poisons is available online from the Therapeutic Goods Administration (TGA).

Some substances and medicines are required to be packed with child resistant closures. Further information is available online from the Therapeutic Goods Administration (TGA).

Additional requirements apply to substances prescribed and supplied by prescribers and/or dispensed by pharmacists.

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Can I supply Schedule 2, 3, 4 or 8 substances to researchers or analysts?

A scientifically qualified person in charge of a laboratory or department, or someone working under their direct personal supervision, may be supplied Schedule 2, 3, or 4 substances if the use is required for the conduct of medical or scientific research, instruction, or quality control analysis.

To supply a Schedule 8 substance, the person making the request must supply a written authority from the NSW Ministry of Health. If you are unsure about a request, contact Pharmaceutical Services at MOH-PharmaceuticalServices@health.nsw.gov.au.

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Storage of Scheduled substances

Where can I store medicines or poisons in my retail or wholesale premises?

All Schedule 3 and Schedule 4 substances must be stored in a room or enclosure to which the public does not have access. Additional storage requirements apply to substances of high illicit value.

Wholesalers must comply with the Therapeutic Goods Administration Australian code of good wholesaling practice for medicines in Schedules 2, 3, 4 & 8.

Schedule 6 poisons in a retail shop must be stored at least 1.2 metres off the floor and away from any stairway or ramp unless the packaging meets the legal requirements for a child-resistant container/closure. For more information see Guidance for retail storage of Schedule 6 poisons.

Can I store Scheduled substances in a domestic dwelling or my house?

No, wholesale licences are only issued for commercial premises and not for domestic, residential premises.

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I am a wholesaler. How do I store Schedule 8 substances?

Storage of Schedule 8 (S8) substances should be in accordance with the Australian code of good wholesaling practice for medicines in Schedules 2, 3, 4 & 8 (C​GWP).

Please note that the risk rating assigned to licensed wholesalers of medicines, as noted in the CGWP is always medium to high.

All medicines are temperature sensitive with their ideal storage temperature ranges or limits stated on their packages.

Storage Location:

The following requirements are mandatory. S8 substances must be stored in a vault or a safe.

  • Safes:
    • must be secured to the premises and placed at least 1 metre away from external walls.
  • Vaults:
    • must be bankers-grade, constructed with 100 MPA concrete or equivalent
    • may be modular and allow for expansion if required
    • must have a torch and drill-resistant door with dual access
    • seismic detectors and alarms are required
    • must be located at least 1 metre from external walls
  • Refrigerated or cold chain Schedule 8 substances
    • must be in a safe secured to the concrete slab floor of a cool room

Environmental Conditions:

  • The vault or room where the safe is located should be air-conditioned to ensure a temperature of below 25 degrees Celsius (a storage requirement for most medicines). Refrigerated S8 substances must be stored as per cold chain requirements.
  • Room or vault temperature must be monitored and logged.

Security Measures:

  • Premises should have security devices such as cameras, monitored back to base alarms, etc. to monitor and restrict access to the storage area.
  • Applicants need a security risk assessment and management plan from a licensed security consultant per the requirements of the CGWP.
  • Compliance with NSW requirements for the storage of Schedule 8 medicines must be confirmed in writing by the licensed security consultant.

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Control of concentrations in medicines

Who has the authority to control the concentration of active ingredients in over-the-counter and prescription medicines?

Regulatory bodies oversee the safety, efficacy and quality of medicines. They work to prevent the misuse of medicines and control the quality of products available in the market. The Therapeutic Goods Administration (TGA) is Australia's regulatory authority for therapeutic goods such as medicines.

The TGA’s regulatory framework involves:

  • setting standards for manufacturing and supply
  • evaluating therapeutic benefits and risks before approving medicines
  • monitoring the safety of medicines once they are in the market
  • enforcing compliance to protect public health.

The TGA, along with similar regulatory bodies worldwide, has the power to regulate the concentration of active ingredients based on scientific evidence and public health considerations. This includes:

  • approving new medicines for use based on data about their safety and effectiveness.
  • determining the scheduling of medicines, dictating how they are made available to the public (e.g., prescription only vs. over-the-counter)
  • overseeing labelling and advertising of medicines to ensure they are not misleading.

Regulations are enforced through a combination of legislation, guidelines, and standards that are periodically updated to reflect the latest scientific knowledge and public health needs.

These measures help to prevent adverse reactions and ensure that consumers have access to safe and effective medicines.

For more information and recent reforms to the regulatory framework, refer to the TGA website.

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Current as at: Thursday 13 June 2024
Contact page owner: Pharmaceutical Services