Australia Details Registration Requirements for Soap Makers and Importers

Takehome: On September 18, Australia National Industrial Notification and Assessment Scheme (NICNAS) released detailed guidance on soap registration along with some clear answers to the most common enquiries made by new soap makers and/or importers.

As Industrial Chemicals (Notification and Assessment) Act 1989 stipulates, soap ingredients are regulated as industrial chemicals and soap importers and/or manufacturers are subject to registration with NICNAS.

Scope of Registrants

Stakeholders engaged in the following commercial activities require registration with NICNAS:

• Make soaps in Australia by a process involving a chemical reaction such as saponification.
• Import soaps into Australia from overseas manufacturers or suppliers.
• Import chemical ingredients into Australia for soap making.

Conversely, stakeholders are eligible for registration exemption provided that soaps are bought from local suppliers or manufacturers, or soaps are only made from ingredients in Australia and the manufacturing process doesn’t involve chemical reaction.

Procedures of Registration

1. Register business rather than products or ingredients via online NICNAS Business Services, calculate registration level and pay the corresponding fee.
2. Check every ingredient in a soap on the Australian Inventory of Chemical Substances (AICS) together with conditions attached to the use of these ingredients.

• If all ingredients are found on the inventory, the soaps can be imported or manufactured without notification to NICNAS.
• If an ingredient is not on the inventory, it is necessary to determine whether it is a naturally-occurring chemical. If it meets the definition then stakeholder does not need to notify to NICNAS. If the ingredient is not a naturally-occurring chemical and not on the inventory, mandatory registration and notification are required.

3. Ensure stakeholders follow all applicable regulations and meet legal obligations, including:

• The mandatory cosmetic labeling standards and product safety requirements of the Australian Competition and Consumer Commission (ACCC).
• The use conditions and secondary notification conditions of prohibited and restricted chemicals.
• The requirements of Therapeutic Goods Administration (TGA) for soaps intended for therapeutic uses.

Frequently Asked Questions

What is saponification?

Saponification involves hydrolysis reaction of an animal or vegetable fat with an alkali, such as sodium hydroxide, also known as lye or caustic soda, and applies to both cold-process and hot-process methods of soap making.

What about melting and pouring soap? Do I need to register?

For most soap bases, the chemical reaction has already occurred. Melting and pouring doesn’t require registration. In this situation registration requirements are based on the source of the ingredients used. Stakeholders who melt a soap base and add imported or manufactured ingredients still require registration with NICNAS.

Do I have to register if my soap only has “natural” ingredients?

Yes, registration is required if stakeholders have imported or made the soap involving a chemical reaction process even if the ingredients are purchased from an Australian supplier.

According to NICNAS, all soaps will have at least one ingredient that does not meet NICNAS’ definition of a “naturally-occurring chemical”. Most “natural” ingredients are extracted using chemical processes and importer or manufacturers of these ingredients must register.

For people who only sell soap as a hobby, are fees and registration required?

Yes. Note that registration applies even if you are a hobbyist, small or start-up business. It is a legal obligation and fines can apply for non-compliance. NICNAS apply a sliding scale to the fees – any business importing or manufacturing less than $100,000 will pay an annual fee of $194.

For people who only make soap as a gift to friends or family, are fees and registration required?

No, it is no need to register if the soap is made as a gift. But it is a must to register if free soaps are given out for business purposes to market your product. Examples include handing out free samples of branded soap on the street and in stores.