On 21 November 2024, the two-year grace period for cosmetic products to comply with the updated ASEAN Cosmetic Directive (ACD) ended. The updates were introduced during the 36th ASEAN Cosmetic Committee (ACC) meeting and its related sessions in November 2022. Products that do not meet the updated standards must be withdrawn immediately. The amendments reflect the ASEAN region’s approach to aligning with global safety standards and protecting the health of consumers in its 10 member states.

Key Updates to the ACD

• Annex II – List of substances which must not form part of the composition of cosmetic products

A consolidated list of 37 substances previously banned in the EU, has been added to Annex II of the ACD. These include entries from EU regulations (2019/831, 2019/1966, 2021/850, 2021/1902) that are not currently used in ASEAN countries. Specific compounds such as perboric acid, sodium perborate, boron compounds, octamethylcyclotetrasiloxane (D4), and p-BMHCA have also been included in Annex II.

• Titanium Dioxide Regulation

Revised safety criteria for the use of titanium dioxide as a colouring agent (Annex IV) and as a UV filter (Annex VII) have been adopted as per EU standards.

• Salicylic Acid Regulation

New limits have been introduced for salicylic acid in the Restricted Substance List (Annexes III) and in the Preservatives list (Annex VI), used in body creams, lotions, and other specific applications.

Implications for Industry

Cosmetic manufacturers, traders, and distributors were granted a two-year grace period to reformulate, test and phase out non-compliant products. With the end of this period concluded, compliance is now mandatory, ensuring that products meet updated safety requirements.

Detailed guidelines for compliance can be found here.

The Malaysian Ministry of Health has proposed amendments to the Sixteenth Schedule of the Food Regulations 1985, specifically concerning pesticide residue limits in food products.

Key Highlights of the Proposal

The main changes include:

1. Introduction of New Maximum Residue Limits (MRLs):  The proposal adds MRLs for new pesticides such as famoxadone, isocycloseram, isoprothiolane, propanil, quinclorac, and others. These MRLs are designed to regulate the levels of these pesticides in various food products.

2. Expansion of Existing MRLs: The amendments also update the MRLs for existing pesticides, adding new limits for additional commodities. Pesticides such as abamectin, ametoctradin, thiamethoxam, and tebuconazole will now have MRLs for a wider range of food items.

Deviation from International Standards

The proposed MRLs are not always consistent with international standards, particularly the Codex Alimentarius, which provides globally recognized guidelines for food safety, including pesticide residue levels. Some MRLs proposed by Malaysia deviate from Codex standards or are not available internationally. For example, the MRLs for famoxadone in tomatoes, quinclorac in milled rice, and tebuconazole in mangoes differ from Codex due to differences in agricultural practices and local residue trials conducted in Malaysia and other regions.

Compliance and Prohibited Practices

The proposed amendments also clarify the definition of "pesticide" and reinforce that no food should be exposed to pesticide residue levels that exceed the limits set out in the Sixteenth Schedule. Additionally, it is prohibited to import, prepare, or sell food containing pesticide residues as follows:

• Pesticide residues exceeding the limits specified in the Sixteenth Schedule.

• Pesticide residues higher than those recommended in the Codex Alimentarius, where the pesticide is not listed in the Sixteenth Schedule.

• Pesticide residues greater than 0.01 mg/kg of if the pesticide is not specified in either the Sixteenth Schedule or Codex Alimentarius.