New Zealand Regulatory News

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. 

On October 27, 2023, the New Zealand Environmental Protection Authority (EPA) released a set of proposals with the aim to protect people’s health and safety by reducing the maximum allowable levels...

On October 27, 2023, the New Zealand Environmental Protection Authority (EPA) released a set of proposals with the aim to protect people’s health and safety by reducing the maximum allowable levels of lead in paint. The proposals are open for comment until January 26, 2024. 

Toxicity of Lead 

Lead, a metal known for its high toxicity, poses significant health risks. It accumulates in the body, and no level of exposure is considered safe. Health issues resulting from lead exposure include irreversible damage to the brain and nervous system, anaemia, kidney damage, and impaired reproductive function. 

The environmental harm caused by lead extends beyond human health. This toxic element adversely affects plants, animals, and micro-organisms, demonstrating a universally detrimental effect. 

Historical Use of Lead in Paint 

The use of lead in paints dates back to at least the 4th century BCE. It was incorporated for colouring, drying enhancement, and as a corrosion inhibitor. Common lead pigments in paints include lead(II) chromate (chrome yellow), lead(II,IV) oxide (red lead), and lead(II) carbonate (white lead). Lead is also found in various coatings like varnishes, lacquers, enamels, glazes, and primers. 

Lead is released into the environment during the production, application, and degradation of paint. Lead dust from chipping or peeling paint poses a risk of inhalation, ingestion, or skin contact. 

EPA's Proposed Regulations to Limit Lead Exposure 

The Environmental Protection Agency (EPA) has outlined proposals to reduce lead hazards. These include: 

1. Capping lead in paints at 90 ppm under the Surface Coatings and Colourants Group Standards and the Aerosols Group Standards. 

2. Implementing lead limits in the Corrosion Inhibitors Group Standards. 

3. Requiring evidence of compliance with relevant lead levels. 

4. Revising element migration limits in graphic materials. 

5. Updating the AS/NZS ISO 8124.3 standard, which governs lead leaching from toys to the latest version. 

6. Amending the standards so that children's graphic materials only comply with the Graphic Materials Group Standard. 

7. Remove the notification requirement from the Graphic Materials Group Standard. 

8. Implement these changes 6 months after the Gazette notification. 

9. Disposing of non-compliant products within 6 months of the amendment. 

EPA's primary goal is to protect public health by reducing permissible levels of lead in paint. Additionally, the Agency is seeking to minimize lead risks in children's graphic materials, such as finger paints, crayons, and felt-tip pens. 

Public Participation Opportunity 

EPA is seeking public feedback on these proposals to lower lead levels in paint and graphic materials. The community can submit their responses until 26 January 2024 and play a crucial role in shaping these health-protective measures. 

Food Standards Australia New Zealand (FSANZ) proposes to amend its Food Standards Code to align residue limits (MRLs) for agricultural and veterinary chemicals with other national regulations.  Re...

Food Standards Australia New Zealand (FSANZ) proposes to amend its Food Standards Code to align residue limits (MRLs) for agricultural and veterinary chemicals with other national regulations. 

Regulatory Authority involved:

• Food Standards Australia New Zealand (FSANZ)

• Australian Pesticides and Veterinary Medicines Authority (APVMA)

APVMA sets maximum residue levels that are not likely to be exceeded if agricultural or veterinary chemicals are used in accordance with approved label instruction. In considering maximum residue levels (MRLs) and variations to MRLs, the APVMA considered studies on chemistry, metabolism, analytical methodology, residues, toxicology, good agricultural practice, and dietary exposure.

The following substances in particular plant and animal commodities are the subject of the proposed amendments:

Plant commodities: Fenpropidin, florylpicoxamid, abamectin, acibenzolar-S-methyl, benzovindiflupyr, chlorantraniliprole, cyanamide, cyantraniliprole, difenoconazole, dimethoate, fenpropidin, fluxapyroxad, isocycloseram, isopyrazam, omethoate, pyraclostrobin, spirotetramat, tebuconazole, tetraniliprole, trifloxystrobin, and trifludimoxazi Australian Pesticides and Veterinary Medicines Authorityroln.

Animal commodities: Fenpropidin, halauxifen-methyl, and trifluralin

Key highlights of amended version of MRL standard:

• New MRLs have been established for a variety of pesticides and veterinary compounds, including those used on new crops or to combat novel pests and diseases.

• MRLs for various pesticides and veterinary chemicals have been increased to reflect the latest scientific research on their safety.

• MRLs for various pesticides and veterinary compounds have been reduced to ensure that dietary exposure remains safe.

FSANZ has assessed the scientific data on chemicals and concluded that the proposed MRLs are safe for consumers.

Public is invited to comment on proposed amendments until 14 November 2023.

Proposed date of adoption and publication anticipated in January 2024.

In a progressive step to improve consumer safety and align with international standards, New Zealand’s Environmental Protection Authority (EPA) recently announced ambitious proposals to overhaul the...

In a progressive step to improve consumer safety and align with international standards, New Zealand’s Environmental Protection Authority (EPA) recently announced ambitious proposals to overhaul the cosmetics industry. These proposals come after the EPA received feedback from a range of stakeholders, including 20 submissions from industry players, representatives of industry groups, international organizations, government bodies, and individual submitters. 

The proposed changes cover a wide range of aspects within the cosmetics sector. In the following the key highlights of the EPA’s proposals and the areas where disagreements arose during the consultation process are listed. 

Proposed Changes: 

1. Aligning the definition of PFAS: The EPA proposes to align the definition of PFAS with the proposed rules in Europe while retaining the plan to phase out PFAS ingredients by December 31, 2025. 

2. Transition period: To address the concerns from the cosmetics industry, the proposed transition period for compliance with the new rules is extended to December 31, 2025, with an additional year for the sale of products. 

3. Scope and clarification of rules: The scope modifications remain unchanged, but the EPA has clarified its expectations concerning the simplicity of rules assignment to the Group Standard. 

4. Amendments to Schedules 4 to 8: Several changes are proposed, including the requirement to print the fluoride concentration on the label for fluoridated toothpastes, the retention of zinc pyrithione as a cosmetic ingredient, alterations in the presentation of the rules for specific ingredients, and alignment of the definition of maximum concentration with European standards. 

5. Exceptions for nanomaterials: Exceptions from the notification requirements for nanomaterials are proposed for ingredients already approved as colorants, preservatives, and UV filters, in order to reduce the burden on the industry. 

6. Additional proposals: The EPA also plans to phase out cosmetics containing PFAS by December 31, 2025, require compliance for products containing hazardous components, introduce clear record-keeping requirements for nanomaterials, update fragrance regulations, and consolidate the main text and Schedules 4 to 8 into a single document for improved usability. 

These proposed changes are designed to align New Zealand's cosmetics regulations with the evolving standards in the European Union (EU) and ensure a safer, more transparent industry. The transitional provisions have been carefully structured to allow the industry sufficient time to adapt to the forthcoming changes to the Group Standard.