The Environmental Protection Authority (EPA) has announced significant changes to reduce the allowable levels of lead impurities in paint and strengthen the safety requirements for art materials marketed to children. The changes, which will take effect from 1 March 2025, aim to align New Zealand’s standards with international standards and protect public health and the environment from lead exposure.

Updated Regulations on Lead Impurities in Paints

The updated regulations will limit lead impurities in all paints, including corrosion inhibitors, to a maximum of 0.009% (90 ppm). These updates are in line with similar regulations in countries such as the US, Canada and Australia. EPA's decision ensures that even trace amounts of lead in paint are tightly controlled to prevent potential exposure, particularly from old lead-containing paint still found in many homes.

Dr Shaun Presow, EPA's Hazardous Substances Reassessments Manager, stated, "Although modern paints no longer contain lead pigments, we are taking these steps to ensure that New Zealand's regulations are as robust as possible. This change eliminates the risk of lead contamination in new paints".

Stricter Controls on Children’s Art Materials

EPA has also introduced stricter rules for children's art materials, such as crayons and chalk, by including them in the Graphic Materials Group Standard. These products must now meet strict safety standards to ensure they do not pose health risks from hazardous substances such as lead. The decision also aligns with global regulatory practices by removing the requirement for importers to report lead leaching test results to EPA.

Summary of Key Regulatory Changes (Effective 2025)

• Lead limits in all paints, including corrosion inhibitors, reduced to 90 ppm.

• Manufacturers and importers must provide test results to demonstrate compliance.

• All art materials marketed to children must comply with the Graphic Materials Group Standard, which prohibits hazardous substances such as lead.

• By 1 September 2025, all products that do not meet these new standards must be removed from the market.

These regulatory updates reflect a precautionary approach to minimizing the harmful effects of lead exposure in everyday products, further contributing to a healthier and safer environment.

New Zealand is proposing to amend Schedule 2A of the Hazardous Substances and New Organisms Act (HSNO Act) to include three new chemicals: Methoxychlor, Dechlorane Plus, and UV-328. These chemicals were added to Annex A of the Stockholm Convention on Persistent Organic Pollutants (POPs) in May 2023 and must be restricted in New Zealand to comply with international obligations. A public consultation on these proposed amendments is now open and submissions are invited until 4 September 2024.

Background

The Stockholm Convention aims to eliminate or restrict the production and use of POPs, which are highly toxic chemicals that persist in the environment and human bodies, bioaccumulate in the food chain and are transported over long distances. New Zealand implements the Stockholm Convention through the HSNO Act, which lists POPs and any specific exemptions in Schedule 2A.

Proposal: Chemicals to be Restricted

Below are details of the three substances and their proposed restriction, as well as the consultation questions for each substance.

Methoxychlor

• • Uses: Historically used as an agricultural, veterinary, and domestic insecticide.

  • Status in New Zealand: No current approvals or registered products. Not listed in the New Zealand Inventory of Chemicals (NZIoC).

  • Specific Exemptions: None.

  • Consultation Questions

    • Do you agree with the proposal to include methoxychlor in Schedule 2A of the HSNO Act?

    • Do you have information on the use, stockpiles, contamination, imports or exports of methoxychlor in New Zealand?

Dechlorane Plus

• Uses: Flame retardant in adhesives, sealants and polymers. Mainly used in motor vehicles, aerospace, defence, electronics and medical devices.

• Status in New Zealand: Listed in the NZIoC but no specific approvals under the HSNO Act.

• Specific Exemptions: Aerospace, space and defence applications, medical imaging and radiotherapy devices, and replacement parts for specific applications until end of life or 2044.

• Consultation Questions

  • Do you agree with the proposal to include Dechlorane Plus in Schedule 2A of the HSNO Act?

  • Do you have information on the current use, products, imports, exports, stockpiles, waste, or contaminated sites of Dechlorane Plus in New Zealand?

  • Should New Zealand register for specific exemptions for Dechlorane Plus? Which applications should be considered for exemptions?

  • Do you have information on articles in use that contain Dechlorane Plus?

UV-328

• Uses: UV absorber in automotive paints, coatings, adhesives, plastics, rubbers and various other materials.

• Status in New Zealand: Listed in the NZIoC but no specific approvals under the HSNO Act.

• Specific Exemptions: Motor vehicle parts, industrial coating applications, mechanical separators in blood collection tubes, TAC film in polarizers, photographic paper and replacement parts for specific applications until end of life or 2044.

• Consultation Questions

  • Do you agree with the proposal to include UV-328 in Schedule 2A of the HSNO Act?

  • Do you have information on the current use, products, imports, exports, stockpiles, waste or contaminated sites of UV-328 in New Zealand?

  • Should New Zealand register for specific exemptions for UV-328? Which applications should be considered for exemptions?

  • Do you have information on articles in use that contain UV-328?

Imports and Exports (Restrictions) Prohibitions Order (No 2) 2004

In order to align with the Stockholm Convention, methoxychlor, Dechlorane Plus and UV-328 need to be included in Schedule 1 of the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 to regulate their export and ensure compliance with international obligations.

Consultation Questions:

• Do you agree with the proposal to include Methoxychlor, Dechlorane Plus, and UV-328 in Schedule 1 of the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004?

• Do you have any general comments regarding the inclusion of these chemicals in Schedule 1 of the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004?

Best International Practices, Costs, and Benefits

Including these chemicals in Schedule 2A of the HSNO Act will bring New Zealand into line with international best practices, reduce exposure to these toxic chemicals, ensure compliance with international obligations, and support New Zealand's primary exports. The costs are considered low due to the global phase-out production and use of these chemicals and the availability of alternatives.

Next Steps

The public is invited to comment on the proposals by 5 pm on Wednesday 4 September 2024. The Environmental Protection Authority (EPA) will review the submissions, prepare a report and seek Cabinet approval to amend Schedule 2A of the HSNO Act. The amendments are intended to come into force on 26 February 2025.