New Zealand Regulatory News

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. 

New Zealand's Environmental Protection Authority (EPA) has taken a significant step in enhancing the regulation of hazardous substances by issuing the Hazardous Substances (International Regulator...

New Zealand's Environmental Protection Authority (EPA) has taken a significant step in enhancing the regulation of hazardous substances by issuing the Hazardous Substances (International Regulators) Notice 2023. This notice, published in the New Zealand Gazette, is in accordance with section 76E of the Hazardous Substances and New Organisms Act 1996 (HSNO Act).

The primary objective of this notice is to officially recognize and designate certain overseas entities as international regulators for the purposes of sections 28A and 63D of the HSNO Act. This move is poised to strengthen New Zealand's commitment to ensuring the safety and control of hazardous substances within its borders.

The objective of the Hazardous Substances (International Regulators) Notice 2023 is to introduce a new notice under section 76E of the HSNO Act. The notice encompasses several countries whose regulatory bodies have been thoroughly evaluated by the EPA in accordance with the criteria outlined in section 76E(3) of the Act and will come into force on October 1, 2023. The following overseas bodies have been officially recognized as international regulators under section 76E(1) of the Act, effective from the date of the notice:

Australia

Australian Pesticides and Veterinary Medicines Authority

Australian Industrial Chemicals Introduction Scheme

Canada

Pest Management Regulatory Agency

European Union

European Food Safety Authority

European Chemicals Agency

European Commission

United Kingdom

Chemicals Regulation Division of the Health and Safety Executive

United States

United States Environmental Protection Agency

The recognition of these international regulators highlights New Zealand's commitment to aligning its hazardous substances management practices with established and respected international standards. This measure is expected to enhance cooperation and information sharing among these regulatory bodies, contributing to safer and more effectively managed hazardous substances in New Zealand.

The EPA has expressed its dedication to regularly reviewing and updating the list of recognized international regulators to ensure the highest level of safety and compliance within the country. Stakeholders and interested parties are encouraged to familiarize themselves with the changes introduced by this notice in preparation for its implementation on October 1, 2023.

In New Zealand the Environmental Protection Authority (EPA) is actively seeking feedback from stakeholders on a proposed infringement offence scheme for hazardous substances under the Hazardous Substa...

In New Zealand the Environmental Protection Authority (EPA) is actively seeking feedback from stakeholders on a proposed infringement offence scheme for hazardous substances under the Hazardous Substances and New Organisms Act 1996 (HSNO Act). The closing date for submissions is August 28, 2023. The valuable insights gathered will contribute to refining the scheme before final policy proposals are presented to Cabinet for consideration. 

The Ministry for the Environment (MfE) and the Environmental Protection Authority (EPA) have collaborated on a significant initiative to enhance protection for the environment and the well-being of people and communities in relation to hazardous substances. Their joint effort has led to the proposal of an infringement offence scheme under the HSNO Act. 

The primary goal of this scheme is to bridge the existing gap in enforcement tools for hazardous substance offences under the HSNO Act. Currently, there is a lack of an intermediate enforcement measure between compliance orders and prosecution, which restricts the authorities' ability to address hazardous substance violations at lower levels adequately. 

The proposed infringement offence scheme outlines a list of offences and their associated fees. These offences are characterized as being straightforward  factual matters that can easily be identifed by enforcement officers. They also involve minor or less serious matters that do not warrant prosecution and are suitable for on-the-spot fines. Importantly, the scheme ensures that no criminal convictions arise from these infringement offences. 

Upon approval by the Cabinet, the new hazardous substances infringement regulations will be formally announced in the New Zealand Gazette and on the EPA's official website. The proposed fines for infringement offences range from NZ$ 200 to NZ$ 3,000. 

This innovative step by the MfE and EPA promises to bolster environmental protection and safeguard the health and safety of the people and communities across New Zealand. By establishing a more effective enforcement framework, they are taking a proactive approach to address hazardous substance issues in a manner that befits the gravity of the offences. 

In May 2023 the New Zealand Environmental Protection Agency (EPA) issued new guidance and assessment criteria for the import of bulk hydrofluorocarbons (HFCs). The updated guidance provides detailed i...

In May 2023 the New Zealand Environmental Protection Agency (EPA) issued new guidance and assessment criteria for the import of bulk hydrofluorocarbons (HFCs). The updated guidance provides detailed information for the application process to assist companies in obtaining special import permits. Special import permits are a requirement under the Ozone Layer Protection Regulations.  

The regulation of bulk hydrofluorocarbons (HFCs) in New Zealand is governed by the Ozone Layer Protection Act 1996 and the Ozone Layer Protection Regulations 1996. These regulations control the import, export, and transshipment of HFCs. New Zealand imposes an annual limit on the quantity of new bulk HFCs that can be imported, and this limit gradually decreases over time.  

Under the current import limit, a significant portion of up to 80% is allocated through grandparented import permits. These permits are exclusively available to individuals or entities that meet the criteria for grandparented eligibility. The remaining portion of the import limit is made available for allocation through special import permits. The EPA has discretion when granting these special permits. In assessing applications for special import permits, the EPA considers the provisions outlined in the Ozone Layer Protection Act and Regulations, as well as New Zealand's international obligations to phase down HFC usage.  

In summary, New Zealand sets a limit on the importation of bulk HFCs, with up to 80% of the imported product allocated through grandparented permits and the remaining balance through special permits. 

For more information click here: https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.epa.govt.nz%2Fassets%2FUploads%2FDocuments%2FHazardous-Substances%2FKigali%2FHow-to-apply-for-a-special-permit-to-import-new-bulk-hydrofluorocarbons-HFCs-.docx&wdOrigin=BROWSELINK%C2%A0

New Zealand has in spring 2022 released the Waste Minimisation (Plastic and Related Products) Regulations 2022 that are a subject of the Waste Minimisation Act 2008.   The regulations' purp...

New Zealand has in spring 2022 released the Waste Minimisation (Plastic and Related Products) Regulations 2022 that are a subject of the Waste Minimisation Act 2008.  

The regulations' purpose is to ban the manufacture and sale of certain plastic products, in particular single-use plastics. The products that fall under the manufacturing and selling ban are:  

(a) plastic drink stirrers that are single use: 

(b) plastic or synthetic cotton buds that are single-use, unless they are used, or intended for use, — 

(i) as a medical device (as defined by section 3A of the Medicines Act 1981) that is not sold by retail; or 

(ii) in a veterinary clinic for diagnosis or sampling; or 

(iii) in a commercial food laboratory for food sampling; or 

(iv) in a laboratory for scientific investigation (even if they are first used for field sampling); or 

(v) as part of any kit or other material to test for any medical or scientific matter, including infection or immunity in an individual or animal, and to produce a result without analysis at a laboratory: 

(c) any product that contains plastic with pro-degradants: 

(d) PVC food trays or containers: 

(e) specified polystyrene packaging for food or drink. 

Please note that this even applies to plastics used to package a product that already has one layer of packaging.  

The Waste Minimisation (Plastic and Related Products) Regulations 2022 will be enforced from 1st October 2022.