New Zealand Cosmetic Regulation

New Zealand regulates cosmetics from a chemical safety and hazardous substances perspective, ensuring that cosmetic products do not pose undue risks to human health or the environment through ingredient restrictions, labeling, and hazard management requirements. Cosmetics in New Zealand must comply with the Cosmetic Products Group Standard (hereinafter "Group Standard") and hazardous substances related notices published by the Environmental Protection Authority (EPA).

Currently, hazardous cosmetic products shall fulfill certain obligations, such as obtaining or preparing a current Safety Data Sheet (SDS), applying for HSNO approval and obtaining an approval number before import or manufacture, and providing business contact information. Starting 1 January 2026, non-hazardous cosmetics with hazardous ingredients are also subject to these obligations.

Part 1 Regulatory Framework and the Competent Authority

1.1 Main Cosmetic Regulations

1.2 Competent Authority

The Environmental Protection Authority (EPA) is responsible for managing cosmetics, including formulating and releasing the cosmetic standards and rules around ingredients, labeling, packaging and storage; monitoring compliance with regulations related to cosmetics; and taking enforcement actions if necessary to ensure public safety.

Part 2 Cosmetic Products

2.1 Definition

According to the Group Standard, cosmetic product means any product or preparation intended to be placed in contact with the various external parts of the human body (including epidermis, hair system, nails, lips and external genital organs) or teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, correcting body odours and/or protecting them or keeping them in good condition.

If a cosmetic product bears a claim that it is effective for a therapeutic purpose, the product is legally defined as a related product or a medicine according to Part 7 of the Medicines Act 1981. To distribute a new related product or medicine, companies shall apply for an application to seek the consent of the Medicines and Medical Devices Safety Authority (Medsafe).

2.2 Classification

The Group Standard provides a list of typical categories that it covers, which is not a definitive or exclusive classification but only intended to give an idea of the categories included.

Certain items do not belong to any of the above category, such as tattoo inks, permanent make-up substances, tooth products, and other similar items are not cosmetics. For teeth whitening products that contain less than 8% hydrogen peroxide, they shall comply with the Dental Products (Subsidiary Hazard) Group Standard 2020, while teeth whitening products that contain 8% or more hydrogen peroxide fall under the regulation scope of the Dental Products (Oxidising Liquids and Solids) Group Standard 2020.

2.3 Market Access Approval

In New Zealand, cosmetic products classified as hazardous are required to comply with specific obligations, including preparing a current Safety Data Sheet (SDS), obtaining HSNO approval and the associated approval number prior to importation or manufacture, and providing business contact details. From 1 January 2026, these requirements also apply to non-hazardous cosmetics that contain hazardous ingredients. Cosmetics containing non-hazardous ingredients only are exempt.

Obtain or prepare a current safety data sheet (SDS)

Before a product is manufactured or imported, a Safety Data Sheet (SDS) must be prepared. If this is not practicable, the SDS should be prepared as soon as possible, but always before the product is used or supplied to a workplace.

The SDS must be reviewed at least once every five years and updated whenever necessary to ensure that the information remains accurate and current.

In addition, the SDS must comply with the content and format requirements set out in the EPA Hazardous Substances (Safety Data Sheets) Notice. It must also state the date of the most recent revision, which should be recorded in Section 16—Other Information.

Apply for HSNO approval and obtain an approval number

Cosmetic products must obtain HSNO approval before they can be imported, manufactured, or used in New Zealand. Approved products will be given an approval number.

There are two possible situations. If a cosmetic falls within the scope of the existing Group Standard, it is automatically approved, and importers or manufacturers may use the group standard approval number HSR002552. If the product does not fall within the scope of the Group Standard, a new application must be submitted to the EPA to obtain approval for its importation or manufacture.

Provide business contact information

Business details such as name, address, phone number, etc., must be submitted via the Importer and manufacturer form | EPA. This information needs to be provided within 30 days of the initial importation or manufacture of a product. The information only needs to be submitted once, unless there are changes to the business details, in which case a new form must be completed and submitted.

2.4 Ingredients

Schedules 4-8 of the Group Standard provides specific requirements and restrictions for different types of ingredients that companies must adhere to when importing and manufacturing cosmetics:

• Schedule 4 – Prohibited ingredients

• Schedule 5 – Restricted ingredients

• Schedule 6 – Allowed colourants

• Schedule 7 – Allowed preservatives

• Schedule 8 – Allowed UV filters

Nanomaterials

To bring in or produce a cosmetic product that includes nanomaterials (except approved colorants, preservatives, and UV filters), it is mandatory for companies to notify the EPA upon the initial importation or manufacturing of the product by sending the notification form to [email protected]. Companies are required to maintain a record of both the notification submitted to the EPA and the information about the specific nanomaterials used in the product. This record must be accessible for inspection whenever requested.

Per- and Polyfluoroalkyl Substances (PFAS)

In January 2024, the EPA released a ban on the use of per- and polyfluoroalkyl substances (PFAS) in cosmetic products. The ban consists of several provisions aimed at phasing out the use of PFAS in the cosmetic industry:

• Import and Manufacture: Starting from 31 December 2026, it is prohibited to import or manufacture cosmetic products containing PFAS.

• Supply: From 31 December 2027, the supply of cosmetic products containing PFAS is also prohibited.

• Disposal: By 30 June 2028, all existing cosmetic products containing PFAS must be properly disposed of.

Microbeads

Since 7 June 2018, it has been illegal to manufacture or sell products containing microbeads in New Zealand. Any violation may result in fines of up to $100,000.

2.5 Labeling

The Group Standards impose several requirements for cosmetic labels, which specify that the labeling of cosmetics shall:

• be written in English

• list all hazards and tell the reader how to use the product safely

• list all the ingredients in the product from the highest concentration to the lowest

• provide information to help the reader contact the New Zealand importer or manufacturer

• provide a batch code (this allows manufacturers and suppliers to identify when and where the product was made so they can clarify if it is too old to sell)

• include recommendations about how to dispose of the product and packaging

• identify any nanomaterials (microscopic particles) in the products as “nano” in brackets after the ingredient.

Certain restricted ingredients require specific label statements, which can be found in the Ingredient Schedules. Additionally, the Group Standard provides more detailed information on how ingredients should be listed on the label of a cosmetic product.

2.6 Packaging

Cosmetics must be suitably packaged so that the container does not:

• leak when it’s filled and closed

• leak when some of the contents have been used and the container is reclosed

• react with the contents of the package so that the container is weakened

2.7 Claim

Cosmetic claims in New Zealand must be specific, accurate, truthful, and evidence-based, supported by verifiable documentation. Claims relating to product superiority, health benefits, or organic status must be substantiated with credible evidence. Environmental claims, including those regarding sustainability, recycling, carbon neutrality, energy efficiency, biodegradability, use of recycled content, natural origin, or environmental impact, must be scientifically sound and fully verifiable. Products labeled as ‘organic’ must demonstrate genuine organic production, while any claim of ‘certified organic’ must be supported by a valid certification.

Part 3 Animal Testing Ban

In New Zealand, it is not allowed to use animals for research, testing, and teaching in the context of making cosmetics, including activities aimed at developing, producing, or testing cosmetics or ingredients exclusively intended for cosmetic use. However, it's important to note that the prohibition does not apply to the research, testing, or teaching related to an ingredient if it is being conducted for a purpose unrelated to its use in cosmetics.