Pursuant to section 96B of the Hazardous Substances and New Organisms Act 1996 (“the Act”), the Environmental Risk Management Authority (“Authority”) issues the following notice.
N o t i c e
1. Title—(1) This notice is the Cosmetic Products Group Standard (Amendment) Notice 2008 and is part of the principal notice.
(2) In this notice, “principal notice” means the Hazardous Substances (Group Standards) Notice 2006 (Supplement to the New Zealand Gazette, 30 June 2006, No. 74, page 1889), Part 10, Cosmetic Products Group Standard (at page 2069)1.
2. Commencement—This notice comes into force 28 days after the date of notification in the New Zealand Gazette.
3. Amendments to principal notice—
3.1 Insert into Schedule 1, Part 1, clause 2 of the notice the following clauses:
“(2A) Labels complying with clause 2(2)(a) must also contain a list of ingredients in accordance with the following priority:
(i) a list of the ingredients in the product (except colour additives) in concentrations of 1% or more in descending order by volume or mass; and
(ii) a list of the ingredients in the product (except colour additives) in concentrations of less than 1% in any order; and
(iii) colour additives in any order; and
(iv) flavour or flavours, which must be described in the list of ingredients by:
(a) the words, “flavour” or “flavours” or “aroma” or “aromas”; or
(b) the ingredients in the flavour or flavours; and
(v) fragrance or fragrances, which must be described in the list of ingredients by:
(a) the words, “fragrance” or “fragrances” or “parfum” or “parfums”; or
(b) the ingredients in the fragrance or fragrances.”
“(4A) Despite clause (2)(4) a primary sunscreen may be labelled in accordance with the requirements of the ‘Therapeutic Goods Order No. 69 General Requirements
for Labels for Medicines, published by Australian GPO, Commonwealth of Australia, 2001’.”
“(4B) Despite clause (2)(4) a cosmetic product containing
a component at reference numbers 67–92 of Schedule 5 may not be labelled with the name of that component, provided the label lists the fragrance or fragrances, which must
be described by the words, ‘fragrance’ or ‘fragrances’ or ‘parfum’ or ‘parfums’; or the ingredients in the fragrance
or fragrances.”
3.2 Insert a new Schedule 2A “Transitional Provisions - Amendments 2008”
(1) For a period of 12 months from the date this notice is notified in the New Zealand Gazette persons dealing with substances covered by the principal notice may either comply with:
(a) the principal notice; or
(b) the principal notice, as amended by this notice.
(2) Clause (1) does not apply to:
(a) a substance that was not lawfully used in
New Zealand immediately before this notice
comes into force; or
(b) an oral hygiene product which does not comply with the requirements of Schedule 5, Table 2, reference No. 1 of this notice.
3.3 Insert the following definition in Schedule 3 of the principal notice:
“ingredients means the components present in a cosmetic product, but does not include:
? impurities in the raw materials used;
? subsidiary technical materials used in the preparation of the product but not present in the final product;
? materials used in strictly necessary quantities as solvents or as carriers for perfume and aromatic compositions”.
3.4 Omit Schedule 4 of the principal notice and substitute new Schedule 4: “Components cosmetic products must not contain.”
3.5 Omit the table in Schedule 5 of the principal notice and insert new tables:
(a) Table 1: “Components Cosmetic Products may contain with restrictions”.
(b) Table 2: “Components Cosmetic Products may contain with restrictions in New Zealand”; and
(c) Table 3: “Components Cosmetic Products may contain provisionally with restrictions”.
3.6 Omit Schedule 6 of the principal notice and substitute new Schedule 6: “Colouring agents cosmetic products may contain with restrictions”.
3.7 Omit Schedule 7 of the principal notice and substitute new Schedule 7: “Preservatives cosmetic products may contain with restrictions”.
Dated at Wellington this 24th day of July 2008.
For and on behalf of the Environmental Risk Management Authority:
HELEN ATKINS.
Explanatory Note
This note is not part of the notice, but is intended to indicate its general effect.
This notice, which comes into force 28 days after the date
of notification in the New Zealand Gazette, amends the Cosmetic Products Group Standard 2006 to incorporate changes made to the EU Cosmetic Directive into the Group Standard.
This notice also adds a restriction on the use of diethylene glycol in oral hygiene products including toothpaste to address safety concerns and modifies labelling requirements for primary sunscreens.
The Authority has also amended the Explanatory Note of the principal notice to indicate that face and body paints and toy cosmetic products are within the scope of the Group Standard.
1The complete Group Standard including Schedules may be accessed on the website of ERMA New Zealand (www.ermanz.govt.nz)