Therapeutic Goods (Listing) Notice 2008 (No. 5)

Administered by Department of Health, Disability and Ageing

Legislation au F2008L04537 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

THERAPEUTIC GOODS (LISTING) NOTICE 2008 (No. 5)

 

Potassium chloride and Potassium nitrate

 

Subsection 9A(5), Therapeutic Goods Act 1989

 

OUTLINE

 

Therapeutic Goods (Listing) Notice 2008 (No. 5) (the Listing Notice) is a notice made by the delegate of the Minister for Health and Ageing under subsection 9A(5) of the Therapeutic Goods Act 1989 (the Act).

 

The Listing Notice permits the use of potassium chloride or potassium nitrate as an active ingredient in listed medicines subject to certain conditions.

 

The Listing Notice commenced on the day after it was registered on the Federal Register of Legislative Instruments.

 

BACKGROUND

 

The Act provides for the establishment and maintenance of a national system of controls for the quality, safety, efficacy and timely availability of therapeutic goods that are used in Australia or exported from Australia.  The Therapeutic Goods Administration (TGA) is responsible for administering the Act.

 

Unless specifically exempted or authorised under the Act, therapeutic goods are required to be included in the Australian Register of Therapeutic Goods (ARTG) before being supplied in, imported into, manufactured in, or exported from Australia (sections 19B and 19D of the Act).  Medicines are registered or listed in the ARTG, depending on the ingredients they contain and the therapeutic claims that are being made.

 

In Australia, products that contain low risk ingredients are referred to as listed medicines.  Most listed medicines are considered to be of relatively low risk compared to other types of medicines, such as prescription and over-the-counter medicines.  As they may only contain ingredients that have been approved by the TGA as being of low risk and may only make limited therapeutic claims.

 

In order to facilitate the timely approval of new listable goods, subsection 9A(5) of the Act allows the Minister for Health and Ageing to publish a notice that has the effect of permitting the use of specified therapeutic goods in listed medicines subject to any specified conditions.

 

Schedule 4 of the Therapeutic Goods Regulations 1990 (the Regulations) sets out those therapeutic goods that are required to be included in the part of the ARTG for listed medicines.  Part 5 of Schedule 4 is for substances other than vitamins, minerals and plant material that are for use in listed medicines.  Division 1 of Part 5 is for substances not mentioned in Division 2 or 3 that may be ingredients of preparations.

Pursuant to subsection 9A(6) of the Act, when Schedule 4 of the Regulations is amended to include reference to a substance that has been the subject of the Listing Notice, the Listing Notice ceases to have effect.

 

On 3 April 2008, the Medicines Evaluation Committee (MEC) meeting was asked to advise whether potassium chloride and potassium nitrate are suitable as ingredients in low risk listed medicines.  MEC is a statutory committee established under subregulation 42ZZB(1) of the Regulations which gives scientific and policy advice to the Minister for Health and Ageing and the Secretary to the Department of Health and Ageing regarding controls on the supply and use of medicines, with particular reference to the safety and quality of products and, where appropriate, efficacy relating to the claims made for products.

 

a)      Potassium chloride

The ingredient potassium chloride is included as an active ingredient at a concentration of 3.75% in many registered toothpastes to treat dental hypersensitivity.  The chemical characteristics of potassium chloride are well known and potassium chloride was not scheduled by the National Drugs and Poisons Schedule Committee (NDPSC) until 2005.

 

Potassium chloride for oral use is now included in Schedule 4 of the Standard for Uniform Scheduling of Drugs and Poisons (SUSDP).  Although, there is no definition of ‘oral’ in the SUSDP, it is generally accepted that oral means for ingestion and toothpastes are considered to be for dental/topical use on teeth, thus the risk of ingesting a significant amount of potassium from toothpaste containing potassium chloride is low.

 

MEC has recommended that potassium chloride is suitable for use as an active ingredient in listed medicines with the following conditions:

  • the route of administration is restricted to dental use only, being use on the teeth; and
  • the total potassium content in the product must not exceed an amount equivalent to a 3.75% concentration of potassium chloride, which will restrict the potassium ion in the product to 20 g/kg.

 

b)     Potassium nitrate

The ingredient potassium nitrate at a concentration of 5% is included as an active ingredient in many registered toothpastes to treat dental hypersensitivity.  The chemical characteristics of potassium nitrate are well known and it is not scheduled by the NDPSC.

 

MEC has recommended that potassium nitrate is suitable for use as an active ingredient in listed medicines with the following conditions:

  • the route of administration is restricted to dental use only, being use on the teeth; and
  • the total potassium content in the product must not exceed an amount equivalent to a 5% concentration of potassium nitrate, which will restrict the potassium ion in the product to 20 g/kg.

 

Potassium chloride and potassium nitrate are the subject of monographs in the British Pharmacopoeia 2008 (BP).  The BP and Therapeutic Goods Orders (TGOs) are the official standards for regulatory purposes in Australia.  Where a substance is covered by a monograph in the BP then this is the minimum standard that must be applied in its entirety, otherwise a justification is required.

 

CONSULTATION

 

Although no consultation is required in relation to the Listing Notice as the regulation change is minor and machinery in nature, the TGA has consulted MEC during the approval process for potassium chloride and potassium nitrate.

 

REGULATION IMPACT STATEMENT

 

No Regulation Impact Statement (RIS) is necessary in relation to the Listing Notice as the listing of the ingredients potassium chloride and potassium nitrate is minor and machinery in nature with no or low compliance costs and impact on business, individuals or the economy.

 

Overview

The Therapeutic Goods (Listing) Notice 2008 (No. 5) was enacted to allow the use of potassium chloride and potassium nitrate as active ingredients in listed medicines in Australia, subject to specific conditions. This notice was made under subsection 9A(5) of the Therapeutic Goods Act 1989 by the delegate of the Minister for Health and Ageing. The objective is to facilitate the timely approval of new listed medicines containing these substances, ensuring they meet the required safety and quality standards. The Therapeutic Goods Administration (TGA) is responsible for administering the Act and regulating the inclusion of therapeutic goods in the Australian Register of Therapeutic Goods (ARTG). The notice was introduced to address the need for a regulatory pathway to permit the use of these substances in low-risk listed medicines, ensuring they are safe for dental use. The Medicines Evaluation Committee (MEC) provided scientific advice on the suitability of these ingredients for use in listed medicines, recommending specific conditions to manage any potential risks.

Scope and Application

The Therapeutic Goods (Listing) Notice 2008 (No. 5) pertains to the inclusion of potassium chloride and potassium nitrate as active ingredients in listed medicines, subject to specific conditions. This notice, made under the Therapeutic Goods Act 1989 by the Minister for Health and Ageing, applies to the use of these substances in therapeutic goods within Australia. The primary focus is on ensuring these substances are used in low-risk listed medicines, which are products considered to have relatively lower risk compared to other types of medicines, such as prescription and over-the-counter medicines. The notice stipulates that potassium chloride and potassium nitrate can be used in listed medicines only if administered topically for dental purposes, and it imposes limits on the concentration of potassium in the final product to mitigate any potential risk. The notice commenced on the day following its registration on the Federal Register of Legislative Instruments, and its conditions align with the standards set out in the British Pharmacopoeia and the Therapeutic Goods Orders. While no formal consultation or regulation impact statement was required due to the minor nature of the changes, the Therapeutic Goods Administration sought advice from the Medicines Evaluation Committee during the approval process.

Key Provisions

The Therapeutic Goods (Listing) Notice 2008 (No. 5) (section 9A(5)) allows the use of potassium chloride and potassium nitrate as active ingredients in listed medicines under specific conditions. This notice was made by the Minister for Health and Ageing, facilitating the inclusion of these substances in the Australian Register of Therapeutic Goods (ARTG). The conditions set forth in the Listing Notice include restrictions on the route of administration, ensuring that both potassium chloride and potassium nitrate are only used for dental purposes, specifically for treating dental hypersensitivity. Additionally, the total potassium content in the products must be controlled, with potassium chloride not exceeding an equivalent concentration of 3.75% and potassium nitrate not exceeding 5%, ensuring the potassium ion content does not surpass 20 g/kg. The Listing Notice imposes several obligations on the entities using potassium chloride and potassium nitrate in listed medicines. Firstly, manufacturers must ensure that the ingredients are used exclusively for dental applications, adhering strictly to the specified concentration limits to maintain the safety and efficacy of the products. Furthermore, the manufacturers are required to comply with the standards set out in the British Pharmacopoeia 2008 and the Therapeutic Goods Orders, ensuring that the substances meet the necessary regulatory standards for use in Australia. Failure to comply with these conditions could result in the product being deemed non-compliant and potentially removed from the ARTG. Any breaches of the conditions specified in the Listing Notice may result in civil or criminal penalties. Although the precise penalties are not detailed in the Explanatory Statement, the Therapeutic Goods Act 1989 provides for significant fines and potential imprisonment for serious breaches. Under section 124 of the Act, an individual or entity found guilty of contravening the Act can be fined up to $220,000, and in the case of a body corporate, up to $1,100,000. Additionally, under section 125, a person found guilty of an offence against the Act may be imprisoned for up to two years. These provisions underscore the importance of adhering to the conditions set forth in the Listing Notice to avoid legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.