New Zealand to Officially Ban Microbeads in Cosmetics

Takehome: New Zealand will completely prohibit the manufacture and sale of microbeads in cosmetics and other products from Jun 7, 2018, onwards.

At the end of 2017, considering the long-term adverse impact on aquatic and marine environment as well as human health, New Zealand Environmental Protection Authority approved the regulation to ban microbeads (tiny plastic particles less than 5mm across) which have been widely used in rinse-off personal care products such as toothpaste, facial scrubs, shampoos, bath wash etc. The six month grace period before formal enactment of the regulation is coming to an end and the regulation will officially take effect from Jun 7, 2018.

The release also shows that many but not all products containing microbeads will be prohibited from use based on the Waste Minimisation Act. Additionally, the requirements for stakeholders to deal with the products containing microbeads are specified.

Banned microbead-containing products:

1. “rinse-off” face, hand and body cleansers, scrubs and exfoliators;
2. toothpastes;
3. glitter bubble bath;
4. Abrasive cleaning products for the home, the car and for industrial cleaning (these are rare, if not absent, in New Zealand but are manufactured and sold overseas).

Not banned microbead-containing products:

1. personal hygiene products containing natural particles, such as ground nutshells, pumice or other biodegradable materials;
2. products intended for medical use, as defined in New Zealand law (see link below);
3. goods that are produced in, or imported into Australia and are lawfully sold in Australia (these goods are recognized under a trade agreement between New Zealand and Australia, the Trans-Tasman Mutual Recognition Act 1997 - note: a voluntary phasing out of plastic microbeads in Australia is underway);
4. microbeads, including glitter, in wipe-off products, such as cosmetic makeup;
5. microbeads, including glitter, sold as a craft material.

Note: microbeads are often promoted on the product’s label, or listed in the ingredients. Stakeholders can ask the original retailer, or seek advice from manufacturer or supplier, or check the product’s safety data sheet (also known as an SDS) to confirm whether your product is approved for use in New Zealand or not. For more questions, stakeholders can contact EPA.

Guidance for stakeholders:

1. Manufacturers, suppliers, retailers and the public shall comply with the regulation and make sure that it is illegal to manufacture, supply and sell banned products containing plastic microbeads after 7 June 2018 in New Zealand.
2. Manufacturers, suppliers, retailers and the public shall dispose of the remaining stocks of products containing microbeads safely by throwing away with non-recyclable household rubbish, or at the landfill site. These products should not be put down the sink or the drain. Note: manufacturers and suppliers are recommended to keep hold of their disposal documentation.
3. The ban will be enforced by the Environmental Protection Authority. Anyone knowingly violates the rules will face a fine up to $100,000.