The new draft expands its applicable scope to non-hazardous products containing hazardous ingredients, updates the ingredient lists to align with the latest amendments adopted by EU, modifies labelling requirements, and requires the record keeping of nanomaterial.

On March 2, 2023, New Zealand's Environmental Protection Authority (EPA) released a new draft of Cosmetic Products Group Standard 2020 (the Standard) for public consultation. The draft incorporates the latest international standards to achieve more effective management of hazardous substances, and thus to better protect the environment and the health and safety of people. All concerned stakeholders can provide information and make comments to EPA until May 31, 2023.¹

Expanding the Applicable Scope of the Standard

Currently, the Standard only applies to substances imported or manufactured for use as a cosmetic product, which are classified as hazardous according to the hazard classification criteria in the Hazardous Substances (Hazard Classification) Notice 2020. On this basis, the draft proposes that in the future, products, which are not classified as hazardous but contain hazardous ingredients, shall also comply with the Standard.

In line with this amendment, the draft further clarifies that the Standard covers both flammable and non-flammable (but otherwise hazardous) aerosol cosmetic products, and non-hazardous aerosol cosmetic products that contain hazardous components. Non-hazardous aerosol cosmetic products that do not contain any hazardous component are not covered by the Standard.

Updating Ingredient Lists

To align with the latest amendments adopted by EU in Regulation (EC) No 12230/2009, the draft proposes corresponding changes to the ingredient lists of the Standard, as shown in the table below:

In addition to the above amendments, the draft proposes banning all PFAS (perfluoroalkyl and polyfluoroalkyl substances) in cosmetic products. PFAS compounds are sometimes used in cosmetics to condition and smooth the skin to make it appear shiny, or improve product spreadability. They do not easily break down, and display extreme persistence in the environment and potential bioaccumulation. Besides, evidence suggests that the intentional use of PFAS in cosmetics is not indispensable. Instead, alternatives are available. Given this, the draft proposes to add PFAS to the list of prohibited ingredients. As the range of PFAS compounds is extensive, the ban is proposed to take effect on December 31, 2025.

Internationally, regulators of some other countries have also taken action to address PFAS in cosmetics. Some bans have been enacted at the state level in the United States, such as California. Several PFAS compounds have been added to the list of prohibited ingredients in EU, while the prohibition on all PFAS compounds has not yet been enacted.

Modifying Labelling Requirements

In July 2022, EU announced lowering the labelling threshold for formaldehyde releasers from 0.05% to 0.001% (10 ppm). In line with this practice, the draft also tightens the labelling requirement for formaldehyde releasers, and requires all finished cosmetic products which contain these ingredients to be labelled with the extra warning "contains formaldehyde" or "releases formaldehyde" where the formaldehyde's concentration exceeds this threshold.

Besides, regarding labelling, the draft restores the exemption to the labelling requirement of a 24-hour emergency contact. Before 2017, for certain hazard classifications (e.g. oxidising substance and organic peroxide), an exemption was provided to the labelling requirement of a 24-hour emergency contact number. With the introduction of EPA notices in 2017, this exemption was removed. Now this new draft to the Standard proposes to reinstate this exemption, stipulating that this labelling requirement does not need to be met if the product's labelling complies with the requirements for cosmetics products in Australia, the USA, Canada, the United Kingdom, or EU.

Requiring Record Keeping of Nanomaterial

For cosmetic products containing nanomaterials other than Zinc Oxide or Titanium Dioxide, the Standard currently requires their manufacturers or importers to notify EPA when they first import or manufacture the product. On this basis, the draft further requires a record of the nanomaterial's presence and the product's compliance with the Standard, amending the provisions as below (the amendment is shown in red):

(1) Any person intending to import into, or manufacture in, New Zealand a cosmetic product containing nanomaterials other than Zinc Oxide or Titanium Dioxide, must at the time they first import or manufacture the substance, notify EPA in writing of:

• the name of the substance; and
• the HSNO approval number and/or title of the group standard under which the substance has a deemed approval; and
• the nature of the nanomaterials the substance contains.

(2) Where this clause applies, the person must keep a record of the nature of the nanomaterials the substance contains and that this was notified to the Authority, and make the record available on request.

Reference Links

[1] EPA Looks to Revise Cosmetics Rules

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