ERMA New Zealand is to release a consultation document on proposed cosmetic group standards.
Chief Executive, Rob Forlong, said cosmetics sold in New Zealand are currently covered by transitional arrangements under the 1996 Hazardous Substances and New Organisms (HSNO) Act, and relate to previous legislation.
However, by 1 July this year cosmetics need to be approved under HSNO Act conditions including content, levels of ingredients, labeling and packaging requirements, Mr Forlong said.
The consultation document will be released within the next few days.
A group standard on cosmetics represents an important step forward in setting new standards for products widely used in the community, and will be welcomed by the public and industry alike, Mr Forlong said.
The industry in many cases already followed voluntary standards around cosmetics, Mr Forlong said.
For further information contact Helen Corrigan, Public Awareness,, ERMA New Zealand
- Telephone +64 4 918 4835
- Mobile 021 151 9970
- Facsimile +64 4 914 0433
- Website: www.ermanz.govt.nz
Email: info@ermanz.govt.nz
Q & As
What is a group standard?
A group standard is a hazardous substance approval under the Hazardous Substances and New Organisms (HSNO) Act 1996. Group standards establish conditions which apply to products manufactured or imported onto the New Zealand market. For cosmetics, the conditions will include limitations on what chemicals they may contain, or at what concentrations certain substances may be present, and will require listing of hazardous ingredients, and in some cases precautionary labeling will be specified in relation to specific uses.
What is the Cosmetics Group Standard based on?
The cosmetic group standard is based around the HSNO regulations and incorporates many aspects of the EU Cosmetics Directive regarding restrictions on ingredients and labeling.
What is the EU Cosmetics Directive?
The EU Cosmetic Directive (Council Directive 76/768/EEC) is a set of rules agreed by the Europe Community to harmonise controls on cosmetics.
The draft cosmetic group standard currently under development by ERMA New Zealand lists the Annexes (lists of chemicals), from the EU Directive in attached schedules. These lists will include some substances banned in cosmetics, and other substances which may be used subject to various restrictions.
When will the group standard for cosmetics be released for consultation?
ERMA New Zealand is legally required to consult before establishing a group standard. Consultation on the proposed group standard is expected to commence towards the end of next week. Consultation needs to be complete and the final group standard approved by the Authority by 1 July 2006.
What products are covered by the term ‘cosmetic’?
The definition of cosmetic is broad. It covers commonly used domestic substances such as soaps, shampoos, hair dyes, shaving, toothpaste and body care products, as well as specialised treatments like sun blocks. In this instance it applies to cosmetics containing hazardous chemicals.
The definition of a cosmetic product to be used in the group standard is expected to be:
cosmetic product means any substance or preparation intended to be placed in contact with the various external parts of the human body (epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance and/or correcting body odours and/or protecting them or keeping them in good condition.
How have cosmetics been regulated in the past?
In the past, no specific regulations have covered cosmetics. However, the Medicines Regulations 1981 required labelling of certain hair dyes, and cosmetics containing toxic substances were controlled under the Toxic Substances Regulations 1983.
Will the old regulations be abolished?
The Medicines Regulations requirements relating to cosmetics are expected to be repealed as part of a move to the joint regulation of medicines with Australia (which do not cover cosmetics). However, hair dye labelling provisions from the Medicines Regulations will be picked up by the group standard.
What improvements does the HSNO Act bring to risk management for cosmetics?
The group standard will list many of the substances from the EU Cosmetic Directive Annexes as substances which must not be used in cosmetics, and other substances which may only be used with various restrictions. However, many cosmetic manufacturers will already be voluntarily complying with these or similar requirements for imported New Zealand cosmetics. The group standard will also propose a ban on the use of MMA (methyl methacrylate) in cosmetics, a substance not covered by the EU Cosmetics Directive.
Does this represent a change for cosmetic labeling and packaging?
Yes. As currently proposed, the group standard will require labeling of components for a wider range of products than currently required. Again, many manufacturers already include such information voluntarily.
Will all chemicals present in cosmetics be identified on the label?
The group standard will propose that all hazardous components in cosmetics must be identified down to a concentration of about 0.1%.
What controls exist on claims in labeling and advertising in New Zealand?
Advertising claims on cosmetic labels or in advertising in New Zealand are not under the control of the HSNO Act, unless the claim is contrary to the known hazards of the product. However, some claims may be required to comply with other legislation, eg the Fair Trading Act administered by the Commerce Commission. Claims in advertisements may need to be in accordance with the Advertising Standards Code.
Do these new group standard requirements give an assurance that cosmetics regulated under HSNO are safe?
There can never be an absolute assurance of safety for all people under all of the circumstances in which cosmetic products are used. However, ERMA New Zealand is confident that managing cosmetic products under a group standard represents a substantial step forward in this area.