On 7 October 2024, the South African Minister of Forestry, Fisheries and the Environment (DFFE) introduced new regulations aimed at creating a national framework for compliance with the Rotterdam Convention. These regulations specifically address the Prior Informed Consent (PIC) procedure, which requires countries to be informed and consent before hazardous chemicals are traded internationally. 

Department of Forestry, Fisheries and the Environment  

The DFFE is dedicated to ensuring that all South Africans have the right to a healthy environment. Focusing on sustainability and conservation, the DFFE leads efforts in responsible environmental management, protecting resources for present and future generations. Through these initiatives, the Department aims to promote the wellbeing of communities while contributing to global environmental protection.  

New National Regulations for Trade in Hazardous Chemicals under the Rotterdam Convention  

The National Environmental Management Act (Act No. 107 of 1998) empowers the South African government (DFFE) to regulate the trade of certain chemicals. The new regulations create an appropriate regulatory framework, outlining general prohibitions, notification procedures for chemical commerce, record keeping, and reporting requirements. 

Key Points on New National Regulations for Hazardous Chemicals Trade 

Scope: The regulations apply to chemicals subject to notification under the Rotterdam Convention, covering general prohibitions, notification procedures, record keeping, and reporting. 

Application: The regulations apply to chemicals that are banned or severely restricted as listed in Annexure I. 

Purpose of the Regulations:   

• To implement the provisions of the Rotterdam Convention for hazardous chemicals and pesticides in international trade. 

• To outline the Prior Informed Consent (PIC) procedure for chemicals listed in Annexure I. 

• To promote cooperation in the international movement of chemicals to protect human health and the environment. 

• To facilitate the exchange of information on the safe use of chemicals and ensure international communication of import/export decisions. 

• Exempt chemicals not exceeding 10 kg per year, per country, per chemical. 

Notification Process:   

• Notification Requirement: Importers must notify South African authorities annually of imports from Annexure I, including a Safety Data Sheet (SDS). 

• Documentation: The authorities may request additional documentation after receiving the export notification. 

• Export Notification Form: Complete the official form from Annexure II with the required information. 

• Acknowledgment: The authorities will acknowledge receipt within 10 working days. 

• Processing and Decision Making: Authorities will review notifications and decide whether to grant or deny consent based on the validity of licenses or permits. 

Record Keeping and Reporting:   

• Keep detailed records of quantities, sources, intended use and import/export dates for at least five years. 

• Provide personal and contact details for intended use where applicable. 

• Submit actual amounts imported or exported and customs documents by the end of March each year. 

Penalties for non-compliance :

•  Non-compliance with specific regulations can lead to fines of up to 5 million Rand for first offences and penalties of up to 10 million Rand or imprisonment for subsequent offences. 

Updating of Annexure: Annexure I will be reviewed every two years to align with the Rotterdam Convention. 

Information of Transmission:  The South African Designated National Authority (DNA) must inform the Rotterdam Convention Secretariat of any new regulatory actions within 60 days. 

Repeal of Laws: Previous regulations are repealed, with the new “Prior Informed Consent Procedure Regulations, 2024” taking effect 120 days after publication. 

Prohibition: No import or export of Annexure I chemicals without prior consent under these regulations. 

 Annexes: 

• Annexure I: List of chemicals requiring notification. 

• Annexure II: Rotterdam Convention export notification form. 

 Conclusion 

These new regulations for hazardous chemicals trade represent a significant step towards aligning South Africa's practices with the Rotterdam Convention. By establishing a comprehensive framework for notification, record keeping, and compliance, the DFFE aims to enhance the protection of the environment and public health. These regulations will promote responsible trade in chemicals and ensure that both domestic and international stakeholders are informed and involved in decision-making processes. 

On September 26, 2024, five East African Community countries (Burundi, Kenya, Rwanda, Tanzania and Uganda) jointly notified the World Trade Organization (WTO) of a Draft East African Standard for the use of body and face powders (DEAS 425-1: 2023). The notification is open for comments for 60 days from the date of notification. 

East African Standard 

In order to ensure comparable product quality throughout the East African Community, the East African Standard must be adopted. Periodic assessments of these standards are conducted to ensure that they remain current with modern technologies. Users are required to have continuous access to the latest versions of the standards they implement. 

Draft Standard for Body and Face Powders 

To enhance the application of this draft standard, the East African Draft Standard (DEAS 425-1:2023) has been introduced to provide comprehensive specifications for the requirements, packaging, labeling and sampling of cosmetic powders. This initiative is essential to ensure consumer safety, improve market regulation, promote public health and foster economic growth within the cosmetics sector. By addressing both immediate health concerns and long-term industry sustainability, the standard aims to create a safer and more reliable market for consumers. 

 Key Points of the Cosmetic Powders Products Standard 

- Scope: For adult use only, this Draft East African Standard outlines the specifications, sampling and testing procedures for body and face powders, including talc, toilet, deodorant and dusting powders. Powders claiming therapeutic benefits are not covered by this standard. 

- Normative References: This section refers to other standards required by ISO and EAS, including those for requirements, labeling, sampling, testing, and packaging. 

- Terms and Definitions: Terms are defined in accordance with draft EAS 846, covering terms such as body powder. 

- Requirements: All ingredients must comply with EAS 377. Face powder should have a fine particle size, otherwise it should be similar to body powder. The product must not have harmful effects on the skin and should not leave an unpleasant odor, even after aging. Other requirements, such as microbiological and heavy metal content, should be in accordance with ISO and EAS standards. 

- Packaging: The product should be packed in sealed containers that protect the contents and prevent contamination or reaction with the product. 

- Labeling: Product labeling must clearly state “Body Powder” or “Face Powder.” If the powder contains boric acid, the container must bear the caution: "This powder contains boric acid and is NOT to be used on infants." 

- Sampling: Sampling should be conducted in accordance with ISO 24153. 

- Annexes: The Annexes include: 

• Determination of asbestos 

• Determination of boric acid 

 Conclusion 

The East African Draft Standard (DEAS 425-1:2023) provides essential guidelines for body and face powders to ensure safety, quality, and compliance within the cosmetics sector. By outlining requirements for ingredients, packaging, labeling and testing, this standard not only protects consumers, but also promotes responsible industry practices. Regular updates and adherence to these standards will help maintain public health and foster economic growth throughout the East African Community.