New Zealand Regulatory News

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 marke...

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 we...

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.

On June 12, 2024, the Environmental Protection Authority (EPA) published the Hazardous Substances (Importers and Manufacturers) Amendment Notice 2024 under the Hazardous Substances and New Organisms (...

On June 12, 2024, the Environmental Protection Authority (EPA) published the Hazardous Substances (Importers and Manufacturers) Amendment Notice 2024 under the Hazardous Substances and New Organisms (HSNO) Act 1996. This notice contains important updates to the regulatory requirements for hazardous substances.

Key Highlights

• Objective of the Notice: The amendment aims to improve the management of hazardous substances by requiring additional information from importers and manufacturers. This includes annual reporting of quantities imported or manufactured, providing New Zealand Business Numbers (NZBN), and specific details for certain explosives.

• Consultation Process: EPA publicly announced its intention on December 13, 2023, and invited comments until March 28, 2024. Feedback from relevant stakeholders was taken into account in finalizing the notice.

• Effective Dates: Certain clauses (13, 14 and 15) will take effect on January 1, 2025, while the remainder of the notice will come into force on January 1, 2026.

Detailed Amendments

• Definitions: New definitions include terms like "agrichemical," "group standard title," "HSNO approval number" and others related to hazardous substances.

• Notification Requirements: Importers and manufacturers must provide prescribed information, including their New Zealand Business Number (NZBN) and HSNO approval number.

• Annual Reporting: Introduces annual reporting requirements for identified substances and certain explosives. These reports must include the name, category, approval number and quantity of the substances.

• Multi-Shipment Import Certificates: EPA may now issue certificates for multiple shipments of explosives, valid for up to 12 months, subject to certain conditions.

Compliance and Enforcement

EPA collects this information to support its regulatory functions, including compliance and enforcement activities, data analysis, and reporting.

Transitional Provisions

Importers and manufacturers who have already complied with the initial notification requirements must update EPA with additional specified information within 30 days of the commencement date of this notice.

Conclusion

The Hazardous Substances (Importers and Manufacturers) Amendment Notice 2024 is a significant step towards better management of hazardous substances in New Zealand. Importers and manufacturers should review the full details of the Notice to ensure compliance with the new requirements. For more information, visit the EPA website or contact their Wellington office.

WorkSafe New Zealand has announced the final deadline for submissions on proposed changes to the Workplace Exposure Standards (WES) and Biological Exposure Indices (BEI) for 2024. Stakeholders have un...

WorkSafe New Zealand has announced the final deadline for submissions on proposed changes to the Workplace Exposure Standards (WES) and Biological Exposure Indices (BEI) for 2024. Stakeholders have until 30 August 2024, to submit their feedback using the online consultation form only.

What are WES, BEI and PES?

WES (Workplace Exposure Standards): These are guideline values that indicate the airborne concentration of a substance to which almost all workers can be exposed repeatedly without harm. Provided by WorkSafe, WES serve as risk management tools for health risk assessment.

BEI (Biological Exposure Indices): These are guideline values used to assess the results of biological exposure monitoring to help manage the health and safety risks associated with hazardous substances in the workplace.

PES (Prescribed Exposure Standards): These are mandatory standards designed to protect the health of workers. Unlike WESs and BEIs, which are guideline values, PESs are mandatory and are set by regulations or specific acts. Currently, ethanedinitrile (EDN) is the only substance in New Zealand with a mandatory PES.

Background to the Consultation

The consultation document supports proposed changes to WorkSafe New Zealand’s special guidance on WES and BEI for 2024. It includes reviews of 58 substances and provides comprehensive recommendations to adopt, maintain or remove specific WES and BEI values.

It’s important to note that unlike prescribed exposure standards (PES), most WES and BEI values are health-based guidelines for risk assessment rather than definitive safe/unsafe thresholds. Therefore, feedback to the consultation should focus on the health aspects of the proposed changes, without considering socio-economic impacts or feasibility.

In a significant step to improve public health and safety, the Therapeutic Goods Administration (TGA) has announced the adoption of the new Australian/New Zealand Sunscreen Standard: AS/NZS 2604:2021 ...

In a significant step to improve public health and safety, the Therapeutic Goods Administration (TGA) has announced the adoption of the new Australian/New Zealand Sunscreen Standard: AS/NZS 2604:2021 on 11 April 2024. This update aims to align sunscreen regulations in both countries, ensuring higher standards of safety and efficacy for consumers.

Key Highlights of the Proposed Sunscreen Standard AS/NZS 2604:2021

The proposed standard introduces several key changes:

1. Improved UV Protection: The new standard emphasizes improved protection against both UVA and UVB radiation. This change is designed to provide better protection against skin cancer and premature ageing caused by sun exposure.

2. Stricter Testing Requirements: Sunscreen products will undergo more rigorous testing to verify their efficacy and safety. This includes mandatory broad spectrum testing to ensure comprehensive UV protection.

3. Updated Labelling Guidelines: The new standard requires  clearer and more informative labelling. Consumers will benefit from easy-to-understand information on the level of protection offered, water resistance and proper use instructions.

4. Regulatory Harmonization: By adopting AS/NZS 2604:2021, Australia and New Zealand aim to streamline sunscreen regulations to facilitate smoother cross-border trade and reduce confusion for manufacturers and consumers.

Public Health Benefits

The adoption of this updated standard is expected to bring significant public health benefits. The stricter regulations will ensure that only high quality sunscreen products are available on the market, increasing consumer trust and promoting better skin health. Improved UV protection and clearer labelling will help consumers make more informed choices, ultimately reducing the incidence of skin cancer and other UV-related health problems.

Industry Implications

For manufacturers, the new standard presents both a challenge and an opportunity. While the increased requirements may require adjustments to formulation and testing processes, they also offer a chance to demonstrate a commitment to quality and safety. Compliance with AS/NZS 2604:2021 is likely to become a mark of excellence in the sunscreen industry, distinguishing high quality products in a competitive market.

Transitional Arrangements

The following transitional arrangements will apply:

• From 1 July 2024, all new sunscreen products registered on the Australian Register of Therapeutic Goods (ARTG) must comply with the 2021 Sunscreen Standard.

• Existing aerosols and spray pump packs listed on the ARTG before 1 July 2024 will be given a 1-year transition period to comply with the updated labelling requirements of the 2021 Sunscreen Standard.

• All sunscreen products (both aerosols and non-aerosols) already listed in the ARTG before 1 July 2024 will have a 5-year transition period during which they may comply with the testing requirements of either the 2021 Sunscreen Standard or the previous standard (2604:2012).

After the transition period, all existing sunscreen products listed on the ARTG, and all new products released for supply must comply with the 2021 Sunscreen Standard.

Conclusion

The adoption of the new Australian/New Zealand Sunscreen Standard: AS/NZS 2604:2021 is a significant step forward for public health and safety. By setting higher standards for sunscreen efficacy and safety, Australia and New Zealand are leading the way in protecting their populations from the harmful effects of sun exposure.

New Zealand, a pioneer in environmental protection, has taken a significant step to improve consumer safety and safeguard the environment by banning the use of per- and polyfluoroalkyl substances (PFA...

New Zealand, a pioneer in environmental protection, has taken a significant step to improve consumer safety and safeguard the environment by banning the use of per- and polyfluoroalkyl substances (PFAS), commonly known as 'forever chemicals', in cosmetic products from 31 December 2026. This was announced in a press release on 30 January 2024. 

PFAS in cosmetic products 

PFAS can be found in a variety of consumer products, including nail polish, shaving cream, foundation, lipstick, and mascara. These compounds are added to improve skin smoothness and product durability, as well as impart water-resistant properties to cosmetic products. 

International research indicates that PFAS are present in a limited number of products. However, New Zealand's Environmental Protection Agency (EPA) is taking a precautionary approach to the  risks posed by PFAS. This approach includes banning these chemicals in cosmetics as part of an ongoing response that includes phasing out PFAS-containing firefighting foams and monitoring background levels of PFAS in the local environment. 

Comprehensive update of the Cosmetic Products Group Standard 

The decision to regulate PFAS is just one aspect of a comprehensive update to the Cosmetic Products Group Standard. This update aims to ensure the safety of cosmetic products and to bring the rules in line with global developments. 

EPA says it has also strengthened the regulations, to cover non-hazardous cosmetic products that contain hazardous ingredients. This will enable them to effectively enforce the rules governing banned and restricted ingredients in such products. 

Public consultation and industry feedback 

In 2023, EPA initiated a public consultation on the proposed rule changes and received 20 submissions, including 14 from the cosmetics industry. EPA’s Hazardous Substances Reassessments Manager, Dr. Presow, acknowledges the significance of this feedback, stating, " The feedback from our consultation was particularly important for us to better understand how widespread PFAS use is in cosmetics, and was supportive of the changes." 

EPA remains committed to engaging with the industry to ensure a smooth transition before the ban on PFAS ingredients and other regulatory adjustments come into force. 

Harmonizing Regulations with European Union Standards 

The recent updates focus primarily on aligning Schedules 4 to 8 of the Group Standard with the stringent requirements of the European Union, which is  as the global benchmark for quality and safety standards. 

Phasing Out PFAS Ingredients 

Perfluoroalkyl and polyfluoroalkyl substances (PFAS), often referred to as 'forever chemicals,' will be phased out of cosmetics, with a target date of the end of 2025. 

Expanding the Scope of the Group Standard 

Certain cosmetic products currently contain minute concentrations of hazardous substances that do not cause the entire product to be classified as hazardous. The proposed changes will require these products to comply with the Group Standard, ensuring consumer protection, clearer industry regulations, and improved enforcement. 

Other Proposed Updates Include: 

1. Mandatory recordkeeping for nanomaterials 

2. Updates to fragrance requirements 

3. Consolidation of the main text and Schedules 4 to 8 into a single document 

4. Improvements in the presentation and usability of the group standard. 

EPA remains committed to its mission of protecting the well-being of consumers and the environment through vigilant regulatory measures. 

  The Environmental Protection Authority (EPA) of New Zealand has announced it is seeking feedback on aquatic risk assessments and proposed hazard classifications for eight synthetic pyrethroids (...

The Environmental Protection Authority (EPA) of New Zealand has announced it is seeking feedback on aquatic risk assessments and proposed hazard classifications for eight synthetic pyrethroids (SPs) as part of its ongoing reassessment of hazardous substances. Synthetic pyrethroids, which are widely used in a variety of sectors including agriculture, forestry, public health, and domestic use, are the focus of this critical assessment. 

The eight synthetic pyrethroids under review are: 

1. Alpha-cypermethrin 

2. Cypermethrin 

3. Deltamethrin 

4. Permethrin 

5. Tetramethrin 

6. Bifenthrin 

7. Lambda-cyhalothrin 

EPA emphasizes the importance of reassessing these SPs for which there is evidence of use in New Zealand. This initiative provides an opportunity for stakeholders and interested parties to provide their insights related to hazard classification endpoints and aquatic risk assessment for these substances. 

EPA has already established hazard classification endpoints for human health and environmental safety for these eight SPs. They have also carried out an aquatic risk assessment for six SPs that are widely used in commercial agriculture and horticulture. 

In particular, EPA has identified significant risks to the aquatic environment from spray drift due to the high aquatic toxicity associated with these synthetic pyrethroids. These risks are not considered to be manageable with conventional risk mitigation measures and further information is needed to improve the aquatic risk assessment. 

EPA is specifically seeking feedback on the following aspects: 

1. The endpoint values selected for hazard classification. 

2. Higher order refinements for the aquatic risk assessment. 

3. Identification and detailed description of critical uses within the industry. 

4. Proposals for new or additional risk reduction measures to manage risks associated with critical uses. 

Interested parties and stakeholders are invited to submit their feedback, with a deadline set at 5:00 pm on February 29, 2024. 

This call for feedback represents a crucial step in ensuring the safety and sustainability of synthetic pyrethroid use in New Zealand, as EPA actively engages with the public and industry experts to refine its assessments and mitigate potential risks. Your input could play a significant role in shaping the future regulations for these essential chemicals.