New Zealand Regulatory News

New Zealand, a pioneer in environmental protection, has taken a significant step to improve consumer safety and safeguard the environment by banning the use of per- and polyfluoroalkyl substances (PFA...

New Zealand, a pioneer in environmental protection, has taken a significant step to improve consumer safety and safeguard the environment by banning the use of per- and polyfluoroalkyl substances (PFAS), commonly known as 'forever chemicals', in cosmetic products from 31 December 2026. This was announced in a press release on 30 January 2024. 

PFAS in cosmetic products 

PFAS can be found in a variety of consumer products, including nail polish, shaving cream, foundation, lipstick, and mascara. These compounds are added to improve skin smoothness and product durability, as well as impart water-resistant properties to cosmetic products. 

International research indicates that PFAS are present in a limited number of products. However, New Zealand's Environmental Protection Agency (EPA) is taking a precautionary approach to the  risks posed by PFAS. This approach includes banning these chemicals in cosmetics as part of an ongoing response that includes phasing out PFAS-containing firefighting foams and monitoring background levels of PFAS in the local environment. 

Comprehensive update of the Cosmetic Products Group Standard 

The decision to regulate PFAS is just one aspect of a comprehensive update to the Cosmetic Products Group Standard. This update aims to ensure the safety of cosmetic products and to bring the rules in line with global developments. 

EPA says it has also strengthened the regulations, to cover non-hazardous cosmetic products that contain hazardous ingredients. This will enable them to effectively enforce the rules governing banned and restricted ingredients in such products. 

Public consultation and industry feedback 

In 2023, EPA initiated a public consultation on the proposed rule changes and received 20 submissions, including 14 from the cosmetics industry. EPA’s Hazardous Substances Reassessments Manager, Dr. Presow, acknowledges the significance of this feedback, stating, " The feedback from our consultation was particularly important for us to better understand how widespread PFAS use is in cosmetics, and was supportive of the changes." 

EPA remains committed to engaging with the industry to ensure a smooth transition before the ban on PFAS ingredients and other regulatory adjustments come into force. 

Harmonizing Regulations with European Union Standards 

The recent updates focus primarily on aligning Schedules 4 to 8 of the Group Standard with the stringent requirements of the European Union, which is  as the global benchmark for quality and safety standards. 

Phasing Out PFAS Ingredients 

Perfluoroalkyl and polyfluoroalkyl substances (PFAS), often referred to as 'forever chemicals,' will be phased out of cosmetics, with a target date of the end of 2025. 

Expanding the Scope of the Group Standard 

Certain cosmetic products currently contain minute concentrations of hazardous substances that do not cause the entire product to be classified as hazardous. The proposed changes will require these products to comply with the Group Standard, ensuring consumer protection, clearer industry regulations, and improved enforcement. 

Other Proposed Updates Include: 

1. Mandatory recordkeeping for nanomaterials 

2. Updates to fragrance requirements 

3. Consolidation of the main text and Schedules 4 to 8 into a single document 

4. Improvements in the presentation and usability of the group standard. 

EPA remains committed to its mission of protecting the well-being of consumers and the environment through vigilant regulatory measures. 

  The Environmental Protection Authority (EPA) of New Zealand has announced it is seeking feedback on aquatic risk assessments and proposed hazard classifications for eight synthetic pyrethroids (...

The Environmental Protection Authority (EPA) of New Zealand has announced it is seeking feedback on aquatic risk assessments and proposed hazard classifications for eight synthetic pyrethroids (SPs) as part of its ongoing reassessment of hazardous substances. Synthetic pyrethroids, which are widely used in a variety of sectors including agriculture, forestry, public health, and domestic use, are the focus of this critical assessment. 

The eight synthetic pyrethroids under review are: 

1. Alpha-cypermethrin 

2. Cypermethrin 

3. Deltamethrin 

4. Permethrin 

5. Tetramethrin 

6. Bifenthrin 

7. Lambda-cyhalothrin 

EPA emphasizes the importance of reassessing these SPs for which there is evidence of use in New Zealand. This initiative provides an opportunity for stakeholders and interested parties to provide their insights related to hazard classification endpoints and aquatic risk assessment for these substances. 

EPA has already established hazard classification endpoints for human health and environmental safety for these eight SPs. They have also carried out an aquatic risk assessment for six SPs that are widely used in commercial agriculture and horticulture. 

In particular, EPA has identified significant risks to the aquatic environment from spray drift due to the high aquatic toxicity associated with these synthetic pyrethroids. These risks are not considered to be manageable with conventional risk mitigation measures and further information is needed to improve the aquatic risk assessment. 

EPA is specifically seeking feedback on the following aspects: 

1. The endpoint values selected for hazard classification. 

2. Higher order refinements for the aquatic risk assessment. 

3. Identification and detailed description of critical uses within the industry. 

4. Proposals for new or additional risk reduction measures to manage risks associated with critical uses. 

Interested parties and stakeholders are invited to submit their feedback, with a deadline set at 5:00 pm on February 29, 2024. 

This call for feedback represents a crucial step in ensuring the safety and sustainability of synthetic pyrethroid use in New Zealand, as EPA actively engages with the public and industry experts to refine its assessments and mitigate potential risks. Your input could play a significant role in shaping the future regulations for these essential chemicals. 

On October 27, 2023, the New Zealand Environmental Protection Authority (EPA) released a set of proposals with the aim to protect people’s health and safety by reducing the maximum allowable levels...

On October 27, 2023, the New Zealand Environmental Protection Authority (EPA) released a set of proposals with the aim to protect people’s health and safety by reducing the maximum allowable levels of lead in paint. The proposals are open for comment until January 26, 2024. 

Toxicity of Lead 

Lead, a metal known for its high toxicity, poses significant health risks. It accumulates in the body, and no level of exposure is considered safe. Health issues resulting from lead exposure include irreversible damage to the brain and nervous system, anaemia, kidney damage, and impaired reproductive function. 

The environmental harm caused by lead extends beyond human health. This toxic element adversely affects plants, animals, and micro-organisms, demonstrating a universally detrimental effect. 

Historical Use of Lead in Paint 

The use of lead in paints dates back to at least the 4th century BCE. It was incorporated for colouring, drying enhancement, and as a corrosion inhibitor. Common lead pigments in paints include lead(II) chromate (chrome yellow), lead(II,IV) oxide (red lead), and lead(II) carbonate (white lead). Lead is also found in various coatings like varnishes, lacquers, enamels, glazes, and primers. 

Lead is released into the environment during the production, application, and degradation of paint. Lead dust from chipping or peeling paint poses a risk of inhalation, ingestion, or skin contact. 

EPA's Proposed Regulations to Limit Lead Exposure 

The Environmental Protection Agency (EPA) has outlined proposals to reduce lead hazards. These include: 

1. Capping lead in paints at 90 ppm under the Surface Coatings and Colourants Group Standards and the Aerosols Group Standards. 

2. Implementing lead limits in the Corrosion Inhibitors Group Standards. 

3. Requiring evidence of compliance with relevant lead levels. 

4. Revising element migration limits in graphic materials. 

5. Updating the AS/NZS ISO 8124.3 standard, which governs lead leaching from toys to the latest version. 

6. Amending the standards so that children's graphic materials only comply with the Graphic Materials Group Standard. 

7. Remove the notification requirement from the Graphic Materials Group Standard. 

8. Implement these changes 6 months after the Gazette notification. 

9. Disposing of non-compliant products within 6 months of the amendment. 

EPA's primary goal is to protect public health by reducing permissible levels of lead in paint. Additionally, the Agency is seeking to minimize lead risks in children's graphic materials, such as finger paints, crayons, and felt-tip pens. 

Public Participation Opportunity 

EPA is seeking public feedback on these proposals to lower lead levels in paint and graphic materials. The community can submit their responses until 26 January 2024 and play a crucial role in shaping these health-protective measures. 

Food Standards Australia New Zealand (FSANZ) proposes to amend its Food Standards Code to align residue limits (MRLs) for agricultural and veterinary chemicals with other national regulations.  Re...

Food Standards Australia New Zealand (FSANZ) proposes to amend its Food Standards Code to align residue limits (MRLs) for agricultural and veterinary chemicals with other national regulations. 

Regulatory Authority involved:

• Food Standards Australia New Zealand (FSANZ)

• Australian Pesticides and Veterinary Medicines Authority (APVMA)

APVMA sets maximum residue levels that are not likely to be exceeded if agricultural or veterinary chemicals are used in accordance with approved label instruction. In considering maximum residue levels (MRLs) and variations to MRLs, the APVMA considered studies on chemistry, metabolism, analytical methodology, residues, toxicology, good agricultural practice, and dietary exposure.

The following substances in particular plant and animal commodities are the subject of the proposed amendments:

Plant commodities: Fenpropidin, florylpicoxamid, abamectin, acibenzolar-S-methyl, benzovindiflupyr, chlorantraniliprole, cyanamide, cyantraniliprole, difenoconazole, dimethoate, fenpropidin, fluxapyroxad, isocycloseram, isopyrazam, omethoate, pyraclostrobin, spirotetramat, tebuconazole, tetraniliprole, trifloxystrobin, and trifludimoxazi Australian Pesticides and Veterinary Medicines Authorityroln.

Animal commodities: Fenpropidin, halauxifen-methyl, and trifluralin

Key highlights of amended version of MRL standard:

• New MRLs have been established for a variety of pesticides and veterinary compounds, including those used on new crops or to combat novel pests and diseases.

• MRLs for various pesticides and veterinary chemicals have been increased to reflect the latest scientific research on their safety.

• MRLs for various pesticides and veterinary compounds have been reduced to ensure that dietary exposure remains safe.

FSANZ has assessed the scientific data on chemicals and concluded that the proposed MRLs are safe for consumers.

Public is invited to comment on proposed amendments until 14 November 2023.

Proposed date of adoption and publication anticipated in January 2024.

In a progressive step to improve consumer safety and align with international standards, New Zealand’s Environmental Protection Authority (EPA) recently announced ambitious proposals to overhaul the...

In a progressive step to improve consumer safety and align with international standards, New Zealand’s Environmental Protection Authority (EPA) recently announced ambitious proposals to overhaul the cosmetics industry. These proposals come after the EPA received feedback from a range of stakeholders, including 20 submissions from industry players, representatives of industry groups, international organizations, government bodies, and individual submitters. 

The proposed changes cover a wide range of aspects within the cosmetics sector. In the following the key highlights of the EPA’s proposals and the areas where disagreements arose during the consultation process are listed. 

Proposed Changes: 

1. Aligning the definition of PFAS: The EPA proposes to align the definition of PFAS with the proposed rules in Europe while retaining the plan to phase out PFAS ingredients by December 31, 2025. 

2. Transition period: To address the concerns from the cosmetics industry, the proposed transition period for compliance with the new rules is extended to December 31, 2025, with an additional year for the sale of products. 

3. Scope and clarification of rules: The scope modifications remain unchanged, but the EPA has clarified its expectations concerning the simplicity of rules assignment to the Group Standard. 

4. Amendments to Schedules 4 to 8: Several changes are proposed, including the requirement to print the fluoride concentration on the label for fluoridated toothpastes, the retention of zinc pyrithione as a cosmetic ingredient, alterations in the presentation of the rules for specific ingredients, and alignment of the definition of maximum concentration with European standards. 

5. Exceptions for nanomaterials: Exceptions from the notification requirements for nanomaterials are proposed for ingredients already approved as colorants, preservatives, and UV filters, in order to reduce the burden on the industry. 

6. Additional proposals: The EPA also plans to phase out cosmetics containing PFAS by December 31, 2025, require compliance for products containing hazardous components, introduce clear record-keeping requirements for nanomaterials, update fragrance regulations, and consolidate the main text and Schedules 4 to 8 into a single document for improved usability. 

These proposed changes are designed to align New Zealand's cosmetics regulations with the evolving standards in the European Union (EU) and ensure a safer, more transparent industry. The transitional provisions have been carefully structured to allow the industry sufficient time to adapt to the forthcoming changes to the Group Standard. 

New Zealand's Environmental Protection Authority (EPA) has taken a significant step in enhancing the regulation of hazardous substances by issuing the Hazardous Substances (International Regulator...

New Zealand's Environmental Protection Authority (EPA) has taken a significant step in enhancing the regulation of hazardous substances by issuing the Hazardous Substances (International Regulators) Notice 2023. This notice, published in the New Zealand Gazette, is in accordance with section 76E of the Hazardous Substances and New Organisms Act 1996 (HSNO Act).

The primary objective of this notice is to officially recognize and designate certain overseas entities as international regulators for the purposes of sections 28A and 63D of the HSNO Act. This move is poised to strengthen New Zealand's commitment to ensuring the safety and control of hazardous substances within its borders.

The objective of the Hazardous Substances (International Regulators) Notice 2023 is to introduce a new notice under section 76E of the HSNO Act. The notice encompasses several countries whose regulatory bodies have been thoroughly evaluated by the EPA in accordance with the criteria outlined in section 76E(3) of the Act and will come into force on October 1, 2023. The following overseas bodies have been officially recognized as international regulators under section 76E(1) of the Act, effective from the date of the notice:

Australia

Australian Pesticides and Veterinary Medicines Authority

Australian Industrial Chemicals Introduction Scheme

Canada

Pest Management Regulatory Agency

European Union

European Food Safety Authority

European Chemicals Agency

European Commission

United Kingdom

Chemicals Regulation Division of the Health and Safety Executive

United States

United States Environmental Protection Agency

The recognition of these international regulators highlights New Zealand's commitment to aligning its hazardous substances management practices with established and respected international standards. This measure is expected to enhance cooperation and information sharing among these regulatory bodies, contributing to safer and more effectively managed hazardous substances in New Zealand.

The EPA has expressed its dedication to regularly reviewing and updating the list of recognized international regulators to ensure the highest level of safety and compliance within the country. Stakeholders and interested parties are encouraged to familiarize themselves with the changes introduced by this notice in preparation for its implementation on October 1, 2023.

In New Zealand the Environmental Protection Authority (EPA) is actively seeking feedback from stakeholders on a proposed infringement offence scheme for hazardous substances under the Hazardous Substa...

In New Zealand the Environmental Protection Authority (EPA) is actively seeking feedback from stakeholders on a proposed infringement offence scheme for hazardous substances under the Hazardous Substances and New Organisms Act 1996 (HSNO Act). The closing date for submissions is August 28, 2023. The valuable insights gathered will contribute to refining the scheme before final policy proposals are presented to Cabinet for consideration. 

The Ministry for the Environment (MfE) and the Environmental Protection Authority (EPA) have collaborated on a significant initiative to enhance protection for the environment and the well-being of people and communities in relation to hazardous substances. Their joint effort has led to the proposal of an infringement offence scheme under the HSNO Act. 

The primary goal of this scheme is to bridge the existing gap in enforcement tools for hazardous substance offences under the HSNO Act. Currently, there is a lack of an intermediate enforcement measure between compliance orders and prosecution, which restricts the authorities' ability to address hazardous substance violations at lower levels adequately. 

The proposed infringement offence scheme outlines a list of offences and their associated fees. These offences are characterized as being straightforward  factual matters that can easily be identifed by enforcement officers. They also involve minor or less serious matters that do not warrant prosecution and are suitable for on-the-spot fines. Importantly, the scheme ensures that no criminal convictions arise from these infringement offences. 

Upon approval by the Cabinet, the new hazardous substances infringement regulations will be formally announced in the New Zealand Gazette and on the EPA's official website. The proposed fines for infringement offences range from NZ$ 200 to NZ$ 3,000. 

This innovative step by the MfE and EPA promises to bolster environmental protection and safeguard the health and safety of the people and communities across New Zealand. By establishing a more effective enforcement framework, they are taking a proactive approach to address hazardous substance issues in a manner that befits the gravity of the offences.