Africa Regulatory News

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 Conv...

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 ...

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. 

On September 26, 2024, five countries from the East African Community (Burundi, Kenya, Rwanda, Tanzania and Uganda) jointly notified the World Trade Organization (WTO) of a Draft East African Standard...

On September 26, 2024, five countries from the East African Community (Burundi, Kenya, Rwanda, Tanzania and Uganda) jointly notified the World Trade Organization (WTO) of a Draft East African Standard for the use of deodorants and antiperspirants (DEAS 960:2024). This Draft Standard aims to ensure consumer safety and product utility by establishing clear requirements. The notification is open for comments for 60 days from the date of notification. 

East African Standard  

The East African Standard is necessary to harmonize product quality within the East African Community. These standards are subject to regular review to keep pace with technological advances. Users are expected to maintain access to the latest versions of the standards they implement. 

Draft Standard for Deodorants and Antiperspirants 

In an effort to enhance consumer safety and product utility, the East African Draft Standard (DEAS 960:2024) has been introduced to provide detailed specifications for the requirements, packaging, labeling, and sampling of deodorants and antiperspirants. 

Key Points of the Draft Standard 

- Scope: This draft standard specifies the requirements, sampling, and test methods for deodorants and antiperspirants. 

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

- Terms and Definitions: Defined in accordance with draft EAS 846, covering terms like deodorants, antiperspirants and roll balls. 

- Requirements: 

• Ingredient Compliance: All ingredients, including dyes and pigments, must meet EAS 377 standards. 

• General Requirements: Products must be safe for consumers when used as directed and must comply with ISO 22716 for production and handling. 

• Specific Testing Requirements: Stability of smell, pH levels, and non-volatile matter must meet specified criteria. Aerosol products have additional requirements regarding delivery rates and leakage tests. 

• Heavy Metal Contaminants: Limits for heavy metals, including lead, arsenic, and mercury, are established to ensure consumer safety in accordance with EAS 847-16. 

• Microbiological Standards: Products must meet stringent microbiological limits, including total viable counts and specific pathogen testing according to ISO standards. 

- Packaging: Deodorants and antiperspirants should be packaged as roll-ons, aerosols, squeezable tubes, stick products, or any suitable container that protects the contents from contamination and reactions. If a roll ball is used, it must be made of plastic, allow controlled release, and leave a thin layer of product on the skin during application. 

- Labeling: Labels must conform to EAS 346. Product identification must clearly state “Deodorant” or “Antiperspirant.” Warnings for products containing aluminum zirconium compounds must state: “Do not apply to irritated or damaged skin.” Appropriate safety symbols must follow ISO 7010 standards. 

- Sampling: Sampling shall conform to ISO 24153. 

- Annexes: The Annexes include methods for: 

• Determination of stability of smell 

• Determination of non-volatile matter 

• Determination of delivery rate of dispensers 

• Determination of propellant composition 

• Net weight delivery 

• Spray tests 

Conclusion 

The introduction of DEAS 960:2024 is a significant step towards ensuring the safety and quality of deodorants and antiperspirants in East Africa. By establishing comprehensive guidelines for formulation, packaging, labeling and testing, this standard aims to protect consumers while promoting uniformity across the region. Manufacturers and consumers alike will benefit from clearer expectations and enhanced product integrity, promoting confidence and safety in personal care products. 

On 2 September 2024, the Tanzania Bureau of Standards notified the World Trade Organization (WTO) of a draft standard (DARS 1721:2024) aimed at regulating recycled polyethylene terephthalate (rPET) us...

On 2 September 2024, the Tanzania Bureau of Standards notified the World Trade Organization (WTO) of a draft standard (DARS 1721:2024) aimed at regulating recycled polyethylene terephthalate (rPET) used for food contact.  The purpose is to enhance Africa’s internal trade capacity, increase Africa’s global competitiveness in edible oil bottles and food containers and improve the welfare of African communities by ensuring the safety and quality of PET and rPET. The notification is open for comments for 60 days from the date of notification.

African Organization for Standardization

The African Organization for Standardization (ARSO) is an African intergovernmental organization established in 1977 by the United Nations Economic Commission for Africa in collaboration with the Organization of African Unity. The fundamental mandate of ARSO is the development and harmonization of African standards, which is carried out through technical committees. The main task of technical committees is to prepare ARSO Standards. Draft ARSO Standards adopted by the technical committees are circulated to the member bodies for voting. Publication of a draft ARSO Standard requires approval by the maximum number of the member bodies casting votes.

PET and rPET Quality Evaluation

In an effort to ensure consumer safety and quality control, the Draft African Standard (DARS 1721:2024 and DARS  1730:2024) has been introduced to provide detailed specifications for requirements, standard test methods, packaging and migration for polyethylene terephthalate (PET) and recycled polyethylene terephthalate (rPET) as recyclates for bottle, flakes and pellets used in the food contact application product.

Key points of the PET and rPET food contact applications Standard

• Scope: Specifies the requirements, methods of sampling and testing for PET and rPET bottles for edible oils, flakes and pellets used for food contact applications.

• Normative References: Refers to other standards that are requirements of the ISO and ASTM (American Society for Testing and Materials), including standards for labelling, test, and packaging.

• Terms and Definitions: Defines terms used in the document that relate to plastic products mentioned in ISO 472 and 21067, such as rPET, blow moulding, recyclate, etc.

• Requirements: Must meet precise quality criteria, including particle size, color, and contamination limits, as well as specific chemical levels and intrinsic viscosity. It also mandates strict migration limits for overall and specific substances, including heavy metals to ensure safety for food contact applications test.

•  Labelling and Packaging: The document outlines packaging and labelling requirements for PET and rPET bottles, including the need for protective coverings to prevent contamination. Each bottle must be marked with the manufacturer's name, date of manufacture, disposal and safety instructions, country of origin, dimensions, batch number and the rPET symbol. Packaging must also display the food grade symbol or the phrase "for food grade”.

• Sampling: Describes the sampling procedure in accordance with ISO standards.

• Tests: Must include leakage, stacking, drop impact, and storage stability tests as specified in the approved draft method.

• Annexes: Includes detailed procedures for the determination of leakage, stacking and drop impact tests.

Conclusion

In conclusion, the document provides comprehensive guidelines for the manufacture, packaging, and labelling of recycled PET (rPET) bottles to ensure safety and quality. It mandates hygienic packaging conditions, clear labelling with essential details such as the manufacturer’s information, production date, and safety instructions, and requires specific markings for food grade suitability. These measures, including strict migration limits and quality checks for contaminants and physical properties, are designed to ensure that PET and rPET bottles meet safety standards and are suitable for their intended use in food contact applications.

On 24 July 2024, five East African countries (Burundi, Kenya, Rwanda, Tanzania and Uganda) notified the World Trade Organization (WTO) that the Draft East African Standard entitled "Insecticidal Aeros...

On 24 July 2024, five East African countries (Burundi, Kenya, Rwanda, Tanzania and Uganda) notified the World Trade Organization (WTO) that the Draft East African Standard entitled "Insecticidal Aerosol - Specification (DEAS 1114:2022)” was adopted by the East African Community Council of Ministers on 14 June 2024. This standard outlines comprehensive requirements, sampling methods, and testing protocols for insecticidal aerosol products intended for use in the East African region.

Harmonisation of Quality Standards

The establishment of this standard is part of the East African Community's (EAC) ongoing efforts to harmonise quality requirements for products and services across Partner States. In doing so, the EAC aims to remove barriers to trade and facilitate the seamless exchange of goods within the Community.

DEAS 1114:2022 was developed by the East African Standards Committee (EASC), which comprises representatives from the national standards bodies of EAC Partner States, as well as stakeholders from the public and private sectors.

Key Specifications

DEAS 1114:2022 provides detailed criteria for the formulation, packaging, labelling and efficacy of insecticidal aerosols. Key aspects of the standard include:

- Active Ingredients: The aerosol must contain pyrethrins or synthetic pyrethroids with low mammalian toxicity, or other effective pest control substances with low residual effect and no unacceptable risks to mammals. Only active ingredients approved by relevant national authorities may be used.

- Performance Metrics: The standard specifies knockdown and mortality rates for flying and crawling insects, with precise benchmarks for efficacy at various intervals after application.

- Non-Staining and Odour Control: The aerosol must be a light-colored, non-staining liquid with no unpleasant odour on application.

- Environmental Safety: The formulation must be free of chlorofluorocarbons (CFCs) to meet with environmental safety standards.

- Packaging: The product must be securely packaged to maintain quality, with valves protected against accidental discharge and constructed of materials compatible with the aerosol formulation.

Labelling Requirements

Manufacturers must clearly label products in English and/or any other official language used in the importing EAC Partner State (French, Kiswahili etc.). Labels must include the product name, target insect species, active ingredients, manufacturer’s details, net contents, country of origin, batch number, and safety instructions.

Sampling and Testing

The standard prescribes specific methods for sampling and testing the biological efficacy of insecticidal aerosols. These include protocols for assessing knockdown and mortality rates on insects such as houseflies and cockroaches, using controlled environments and standardised procedures.

Continuous Improvement

Recognising the need for standards to evolve with technological advances, the EAC is committed to regularly reviewing DEAS 1114:2022 to ensure it remains up to date and relevant.

The complete text of DEAS 1114:2022 can be accessed here.

On 3 July 2024, five East African countries (Burundi, Kenya, Rwanda, Tanzania and Uganda) notified the World Trade Organization (WTO) that the Draft East African Standard for Hair Oils - Specification...

On 3 July 2024, five East African countries (Burundi, Kenya, Rwanda, Tanzania and Uganda) notified the World Trade Organization (WTO) that the Draft East African Standard for Hair Oils - Specifications (DEAS 841:2023) was adopted by the East African Community Council of Ministers on 14 June 2024. This second edition of the standard will replace the 2017 edition, and introduces technical revisions aimed at ensuring higher quality and safety standards for hair oil products across the region.

Comprehensive Scope and Requirements

The standard specifies requirements and sampling methods for hair oils, which include products made from vegetable oils, mineral oils or a combination of both. However, hair oils with therapeutic claims are excluded from this standard. All oils used must comply with the relevant raw material standards and any additional ingredients must comply with all parts of EAS 377, which lists substances that are banned or restricted in cosmetic products. The final product should be a clear liquid, free of sediment and suspended matter, and not irritating to the scalp. Any added dyes, pigments or fragrances must be of cosmetic grade.

Safety Standards

To ensure consumer safety, the draft standard sets strict limits on heavy metal content. Hair oils must not contain more than 10 mg/kg of lead, 2 mg/kg of arsenic or 2 mg/kg of mercury. Together, the total heavy metal content must not exceed 10 mg/kg. Microbiological requirements specify limits on total viable counts and the absence of harmful micro-organisms such as Staphylococcus Aureus, Pseudomonas Aeruginosa and Candida Albicans

Packaging and Labelling

DEAS 841:2023 outlines packaging standards to ensure product integrity and prevent contamination. Labels must comply with the general requirements of EAS 346 (Labelling of Cosmetics – General Requirements) and each package must be clearly labelled with the product name "Hair Oil".

Harmonising Regional Trade

The introduction of DEAS 841:2023 is part of the East African Community's ongoing efforts to harmonise product standards across member states to facilitate trade and ensure that consumers receive high quality products. The draft was circulated to stakeholders for review and feedback to ensure a comprehensive and inclusive standard.

The full text of DEAS 841:2023 is available here.

On 3 July 2024, five East African countries (Burundi, Kenya, Rwanda, Tanzania and Uganda) notified the World Trade Organization (WTO) that the Draft East African Standard for Henna Powder (DEAS 337:20...

On 3 July 2024, five East African countries (Burundi, Kenya, Rwanda, Tanzania and Uganda) notified the World Trade Organization (WTO) that the Draft East African Standard for Henna Powder (DEAS 337:2023) was adopted by the East African Community Council of Ministers on 14 June 2024. This standard, which will replace the 2013 edition, introduces comprehensive specifications to ensure that henna products meet high standards of purity and performance.

Improved Quality Specifications

The updated standard outlines stringent requirements for henna powder, including general and specific quality criteria. Specifically, the new specifications require henna powder to be in the form of a fine, dried powder obtained from fresh leaves of the henna plant and free from extraneous contaminants such as stems, small fruits and other non-plant materials. It also sets precise limits for moisture content, crude fibre, mineral content and the presence of extraneous sand.

Safety and Purity Standards

A key feature of DEAS 337:2023 is its focus on safety and purity. The Standard stipulates that henna powder must not exceed maximum limits for heavy metal contaminants (lead, arsenic and mercury) ensuring the safety of the product for consumer use. In addition, the standard includes microbiological limits to control potential microbial contamination, specifying acceptable levels for several microorganisms including Pseudomonas Aeruginosa and Staphylococcus Aureus.

Updated Labelling Requirements

The Standard also emphasises the importance of accurate labelling. Each package of henna powder must be clearly labelled with the product name and instructions for use, specifically stating that only water should be used as a solvent. The packaging must also be secure and prevent contamination.

Detailed Test Procedures

The standard was developed by the East African Community Technical Committee EASC/TC 071, which oversees cosmetics and related products. The draft has been circulated to stakeholders for feedback to ensure that the final version reflects the needs and concerns of all parties involved.

As part of the implementation of the standard, detailed methods for sampling, testing and analysis are provided, including procedures for determining moisture content, cold water extract levels, and the presence of extraneous dyes by thin layer chromatography.

Moving Towards Harmonization

The introduction of DEAS 337:2023 is a significant step towards harmonising product quality across East African countries, reducing trade barriers and promoting consumer safety. Stakeholders and industry players are encouraged to review the draft and provide feedback to help finalise the standard.

The full text of DEAS 337:2023 can be found here.