Cosmetic Toiletry and Fragrance Association of New Zealand

Guide for Perfume and Fragrance Products This guide is for the importation, sale and use of Perfume and Fragrance Products in New Zealand and is intended to provide a guide for compliance with the Cosmetic Group Standard under the Hazardous Substances and New Organisms Act 1996. This document is not an approved code and is subject to copyright of the Cosmetic Toiletry and Fragrance Association of New Zealand.

Contents: 1 Definitions 2 Legislation and Compliance 3 Manufacturers and Importers compliance 4 Retailers and sellers of Fragrance and Perfume 5 Warehousing and handling 6 Recalls 7 Appendix 1 Generic Safety Data Sheet for all Face Paints 8 Appendix 2 How to read and what to look for in a Safety

data sheet 9 Appendix 3 HSNO Act Cosmetic Group Standard Citations

for Listing of Ingredients

1. Definitions: Products include Fragrance or Perfume products including Parfum, AS, EDC, EDT, EDP and Body Sprays. This category is described as any product designed to be used for application of fragrance or perfume to the person but excluding those products whose primary purpose is not that of a fragrance or perfume. All definitions use the IFRA (International Fragrance Association) Code of Practice definition as set out below. Products include body sprays, foot sprays, air fresheners and colognes whether by pump or aerosol or other delivery system.

Fragrance ingredient: Any basic substance used in the manufacture of fragrance materials for its odorous, odour-enhancing or blending properties. Fragrance ingredients may be obtained by chemical synthesis from synthetic, fossil or natural raw materials or by physical operations from natural sources. The class comprises aroma chemicals, essential oils, natural extracts, distillates and isolates, oleoresins, etc.

Fragrance compound: A blend of fragrance ingredients, representing a specific fragrance formula.

Fragrance material: A fragrance ingredient or a fragrance compound.

Manufacturing: All operations involved in the production of a fragrance material including processing, compounding, packaging and labelling.

Batch: A specific quantity of material of homogeneous composition, manufactured in a single operation or a series of operations according to a standard process which has been developed for the optimal manufacture of this material.

Batch number: A combination of digits and/or letters, printed, stamped or written on labels or packaging materials, which permit the unambiguous identification of the batch as well as tracing and review of all stages of its production history.

Quality: Conformity of a fragrance material with its olfactory, physical and chemical specifications and conformity of its production and control with the basic standards of good manufacturing practice.

2. Legislation and Compliance Hazardous Substances and New Organisms Act (HSNO) All Fragrance and Cosmetic products are defined as Cosmetic Products and regulated under the Hazardous Substances and New Organisms Act 1996, Cosmetic Group Standard. Key Requirements under this legislation include:

Compliance with the Cosmetic Group Standard for permitted ingredients, packaging and labelling

Products sold must be safe All ingredients must shown on the product Products sold in Europe, USA or Australia and labelled and/or

packaged for those markets may be sold in New Zealand using the same labelling, or packaging

No products labelled for other countries outside of those permitted or not in English may be sold in New Zealand without modification of the labelling and packaging to comply either with other permitted markets or the requirements established under the Cosmetic Group Standard

Ingredients used in Face Paints must be consistent with the permitted ingredients schedules under the Cosmetic Group Standard or will have been sold and fully compliant with the European Union Cosmetic Directive

All Fragrances and Perfume products must have a Safety Data Sheet in the 16 header format covering all aspects of the product, its handling, its safety and final disposal. (Templates may be obtained from the CTFA for members)

Other Legislation requiring compliance for Face Paint Products Fair Trading Act 1986 It is illegal under both this act and the Hazardous Substances and New Organisms Act 1996 to place a cosmetic product in the market stating it complies with the latter legislation when it does not. Consumer Guarantees Act 1986 This act requires the product to do what it is sold for and also to be safe. Breaches of this act may be prosecuted under the Fair Trading Act if the breach is deliberate. Medicines Act No Cosmetic Product may contain scheduled medical ingredients unless specifically permitted under the Cosmetic Group Standard. No cosmetic product may make therapeutic claims or curative claims that might lead a consumer to believe the product is or has medical properties that can or could treat medical problems.

2 Manufacturers and Importers Requirements All manufacturers and importers should undertake a check to ensure compliance with the Hazardous Substances and New Organisms Act 1996 Cosmetic Group Standard by ensuring that the face paint products they are manufacturing or importing or distributing comply with;

the permitted use or restriction of ingredients schedules in the cosmetic group standard

labelling is consistent with the group standard or those countries whose labelling is permitted under the standard to be used (US, EU or Australia)

the product is packaged consistently with the cosmetic group standard or those countries for whom the packaging special exemption applies (US, EU or Australia)

that a safety data sheet both exists and is compliant with the 16 header format required

that a safety data sheet is supplied to all commercial locations where face paint is used

3 Retailers or sellers of Perfume and Fragrance Products If you are retailing Perfume or Fragrance products you must ensure that the products are safe and may request from the supplier (importer or manufacturer) a copy of the Material Safety Data Sheet which must be supplied under the act to any place of business where the products are sold. If over the threshold for flammable liquids are stored on you retail location you must request this and comply with all HSNO 3.1 Storage and Handling requirements. If this is not supplied then the products should not be sold as you hold no evidence of the Perfume or Fragrance product being compliant with the Hazardous Substances and New Organisms Act 1996 Cosmetic Group Standard and to then sell the product may place you liable for any safety issues that subsequently occur under this act and under the Consumer Guarantees Act 1986. If you directly import these products then you are also the importer and have a dual obligation to ensure that you meet the importer obligations as well as the obligations of a retailer. False declarations of compliance may place you at risk of prosecution under the Fair Trading Act 1986. You should hold a Safety Data Sheet in your work place for all Perfumes and Fragrance products (as with all cosmetics) you stock, you will not only breach the Hazardous Substances and New Organisms Act 1996 but also may be in breach of the Health and Safety in Employment Act in the Workplace and subject to prosecution by the Department of Labour

should any issues arise with those products and your workers. This may be provided electronically if access to it can be within 10 minutes. Safety Data Sheet Requirement Material safety data sheets are required only for the broad categories defined as Fragrance and/or perfume products and may be the generic sheets provided for this Guide and under the CTFA SDS guide. 4. Manufacture The manufacturing section of this code applies for products manufactured in New Zealand; otherwise manufacture will be to the appropriate standards for the country of origin or the IFRA good manufacturing practice as defined in their Code of Practice 5. Warehousing, handling and storage All products in this category are to be stored in cool, dry conditions and care should be taken to ensure that storage on racking does not allow pressure damage to packaging. Handling may be in bulk by pallet or in small quantities as required. An approved handler is required for quantities handled in bulk above 3 litres except where the stock is being picked and packed for distribution from storage and the outbound levels once packed are below the 3 litres quantity. The approved handler must be trained in accordance with the handling of Dangerous goods and may be automatically accredited the status if already holding this status from a similar role. The approved handler approval system is set out in section 11 of this Code All rules for warehousing and storage as set out in section 3 of this Code will otherwise apply. Labelling

Fragrance/Perfume Labelling under dangerous goods for class 3.1 applies on supplies over 50 litre in a single container. Where containers are less than 100 ml but packed with other small containers of similar quantity in amounts exceeding 50 litres gross, must have class 3.1 labelling on the outer container or the risk statement R10 applied or any other statement that clearly identifies the risk Where amounts shipped exceed 20 litres in a single container, eco-toxic labelling must also be applied under class 9 or a similar risk statement from those available in section 7.7 of this code Aerosol Labelling under dangerous goods for class 2.1 and/or 2.2, 6.1 applies on supplies over 50 litre in a single container. Where containers are less than 100 ml but packed with other small containers of similar quantity in amounts exceeding 50 litres gross, must have class 2.1 and/or 2.2, 6.1 and 9.1 labelling on the outer container or the risk statements R10, R25 and R50/51/52/53 or similar statements in line with the SDS applied or any other statement that clearly identifies the risk

Where amounts shipped exceed 50 litres in a single container, eco-toxic labelling must also be applied under class 9 or a similar risk statement from those available in section 7.7 of this code or any other statement that clearly identifies the risk.

Products labelled for sale in Australia, the EU (in English) and for the US are deemed as being acceptable means of compliance under this Code for these product types. Labels for these product types should not exceed claims permitted under the Advertising Section of this Code section 13 Transport and Packaging The rules set out in section 4 are applicable for these products under the Transport of Dangerous Goods and the CTFA Guide for Transport of Dangerous Goods should be followed Disposal As it is both intended and anticipated that the products will be fully utilised, no special instructions for disposal are required. Risk to the environment is considered unlikely from any residual material for these products. Where un-used products are disposed of by companies, the disposal criteria set out in section 10 will apply A warning against disposal in fire or by puncture of aerosol containers should be made Colipa Frame Formulations The following Colipa Frame Formulations are applicable to this category. FRAME FORMULATION NAME FRAME FORMULATION NUMBER: 6. Perfume

PERFUME (TOILET WATER, EAU DE TOILETTE AND EAU DE PARFUM) 5.1

The description of these frame formulations may be found in the Colipa 2000 Frame formulations document purchasable from European Cosmetic Toiletry and Perfumery Association or Guide to Frame Formulations purchasable from the CTFA. 7. Recalls Occasionally a product may be defective or not meet the claims on the label or associate material and a recall may be necessary. The decision to recall should be based on protecting the public health and safety as the first priority however the manner in which it is undertaken may use the most practical means to achieve providing the first priority is being met. A guide on recalls is available from the CTFA for Cosmetic Products for member companies and a generic guide is provided by Ministry for

Consumer Affairs on their web site for any form of product. Either of these should be used in undertaking a product recall of any face paint product.

Appendix 1 Perfume/Fragrance Products Material Safety Data Sheet for Product use

Section 1: Identification of the substance/mixture

Product Name: Fragrance/Perfume, Toilet Water, Eau De Toiette and Eau De Parfum ( (including EDC, EDT and EDP)

Recommended Use Application to skin of fragrance or perfume Product description Liquid compound

Cosmetic Preparation Concentration in use 100% Packaged in small consumer quantities

Company Details Cosmetic Toiletry and Fragrance Association Address Private Bag 92-66 159 Khyber Pass Road Auckland Telephone Number 64-9-3670913 Emergency Telephone Number

National Poison Information centre. Phone 0800-764766

Date of Preparation 14 January 2004

Section 2: Hazards Identification Hazard Classification Classification Category Class 3.1, 6.4, 6.5 and 9 Required identification Details

Highly flammable Eyes: Liquid may cause conjunctiva irritation and transient corneal damage Skin: Unlikely to cause appreciable irritation even on repeated contact or absorbed in harmful amounts. Ingestion: Swallowing may cause, central nervous system depression, nausea, vomiting, loss of coordination, and loss of consciousness Inhalation: No known effects but inhaling deliberately is not advised due to the potential of similar effects to ingestion.

Section 3: Composition/information on ingredients

Classification and type

HSNO Class 3.1, 6.1D & E, 6.3, 6.4, 8.3 and 9

Mixture Ingredient CAS No % W/W Ethanol (alcohol, alcohol denat.)

Parfum Emollients, humectants (e.g. glycerin, propylene glycol) Emulsifying agents (e.g. PEG-60, hydrogenated castor oil) UV filters Viscosity controlling agents (e.g. carbomer) Cosmetic colorants Additional ingredients (e.g. chelating agents) Antioxidants

Aqua For aerosol products: propellants (e.g. hydrocarbons)

contact with eyes, skin and clothing. Keep container tightly closed when not in use.

Subsection 2 Store site requirements

Keep in sealed container in a closed, frost-free, ventilated room Store away from sources of heat or ignition. Storage and transfer equipment should be adequately earthed and bonded to prevent the accumulation of static charge. Storage tanks must be positioned within a bounded area. Suitable storage materials are: mild steel, stainless steel, copper and its alloys. Do not use aluminium and its alloys. Gaskets and seals should used compressed asbestos, butyl rubber or PTFE.

Packaging Avoid use of plastic. Consumer packaging should be in glass

Section 8: Exposure Control/Personal Protection

Subsection 1: Workplace Exposure Guidelines (may also be in section 2) Workplace exposure standards

Protective Gloves and splash proof goggles if handling methods warrant them General mechanical ventilation

Application in the workplace

Avoid repeated exposure to fumes and spillage on skin or eyes.

Exposure Standards outside the workplace

No special exposure standards

Subsection 2: Engineering Controls Hierarchy of controls measures

Process or personnel enclosure, mechanical ventilation (dilution and local exhaust) and control of process conditions.

Exposure control measures

No special exposure control measure

No. Hazard indication Flammable symbol or warning

Ventilation specification

General mechanical ventilation requirements

Subsection 3: Personal Protective Equipment (PPE) Detail specifications for equipment

Inhalation protection: Respirator (if there is a risk of high concentrations) Skin protection: gloves, chemical proof PVC or rubber gloves Eye protection: goggles or face shield Other protection: protective clothing

Specific route of exposure

Skin contact and possible inhalation

General Hygiene Not applicable

Section 9: Physical and Chemical Properties Specific Data for the product not the individual components

Physical Description: Liquid Water solubility: 100% Specific gravity 25/25: 0.940 g/ml Boiling point: 90oC Vapour pressure @20oC = 56mm Odour: Fragrance Relative density @ 20oC = Not available Flash Point = -87oC Ignition point = 443oC

Required Specifications

Not applicable

Further specifications Not applicable Specific advice Not applicable

Section 10: Stability and Reactivity Stability of the substance

Stable

Conditions to Avoid Intense heat. Open flame Material to avoid Oxidants Hazardous decomposition Products

None known

Specific Data None

Section 11: Toxicological Information Data and interpretation

Eye corrosive, Eye irritant

Summaries data Not required Format Not required

Section 12: Eco-toxicity Information Potential Environmental Interactions

Moderate Eco-toxicity risk when manufactured, stored or handled in volume containers. Limited risk due to small volume packaging of product once manufactured Nil once used

Data Organisation No effected species or data available Environmental risk phrases

None

Section 13: Disposal Considerations

Disposal information No requirement for consumer/end users Bulk or quantity must be disposed of in accordance with hazardous materials requirements under local council bylaws as a dangerous good.

Relevant information No additional information

Section 14: Transport Information

Relevant Information Hazard Class 3 Identification number of the hazard 33

Other requirements No special requirements

Section 15: Regulatory Information Regulatory Status Subject to Dangerous goods regulations

HSNO Regulations The HSNO Approval Number for the Cosmetic Group Standard is HSR002552 Classes 2, 6, and 9 of control regulations:

Regulations 11-27, 7, 8, 10, 32-45, 50-51,55, 73, 77, 78, 82

Identification Regulations: Regulations 6,7, 11, 32-35,36(1)-(7) Regulations 25, 29-31,37-39,47-50, 51,52

Packaging Regulations: Regulations 5,6,7(1),8, 9, 13 Schedule 3

Disposal Regulations: Regulations 6, 8, 9, 10, 11, 12, 13, 14

Emergency Management: Regulations:

6,7,9-11, 8e, 8f, 18-29, 25-34, 35-41, 42 Tracking:

4(1), 5, 6 Approved Handlers:

Not applicable Symbols: Required for bulk storage and containers only

Risk phrases: Required for bulk storage and containers only R11 Highly flammable R36 Irritating to eyes R67 Vapours may cause drowsiness and dizziness Or combination risk phrases as appropriate

Safety phrases S46 If swallowed, seek medical advice immediately and show container or label

Section 16: Other Information

Additional Information No additional information

APPENDIX 2 Reading an MSDS Sheet What to Look For? Safety Data Sheets or Material Safety Data Sheet (MSDS)

Section 1: Identification of the substance/mixture Product Name: Recommended Use Company Details Address Telephone Number Emergency Telephone Number Date of Preparation

Section 2: Hazards Identification Hazard Classification

Required identification Details

Section 3: Composition/information on ingredients

Classification and type

Mixture

Section 4: First Aid Measure

Description of necessary first aide measure

Workplace facilities Required instructions Notes for medical personal

Section 5: Fire-Fighting measure Type of hazard Fire hazard properties Extinguishing media & methods Recommended Protective Clothing

This is the products name and who to call in an emergency

The risks this product might

These are ingredients & their

Tells you what first aid might be necessary & what you need

What to do if there is a fire - give this to the fire service on

Section 6: Accidental Release Measure Procedures to be covered

Section 7: Handling and Storage Handling Practices

Store site requirements Packaging

Section 8: Exposure Control/Personal Protection Workplace exposure standards

Application in the workplace Exposure Standards outside the workplace Subsection 2: Engineering Controls Hierarchy of controls measures

Exposure control measures No Hazard indication Ventilation specification Subsection 3: Personal Protective Equipment (PPE) Detail specifications for equipment

Specific route of exposure General Hygiene

Section 9: Physical and Chemical Properties

Specific Data for the product not the individual components

Required Specifications Further specifications Specific advice

Section 10: Stability and Reactivity Stability of the substance Conditions to Avoid Material to avoid Hazardous decomposition Products Specific Data

Tells you what to do if there is a spill or damage of this

The correct handling and storage for this type of

Tells you the safe levels you can use the product at in the

Tells you about ventilation etc for the products use in the

Tells you what safety gear to wear & what you need to

Explains the specifications of the finished product & anything special you need to

Tells you what not to do, mix the product with or containers

Section 11: Toxicological Information

Data and interpretation

Summaries data Format

Section 12: Eco-toxicity Information

Potential Environmental Interactions

Data Organisation Environmental risk phrases

Section 13: Disposal Considerations Disposal information

Relevant information Avoid generalisations

Section 14: Transport Information

Relevant Information

Other requirements

Section 15: Regulatory Information Regulatory Status

Section 16: Other Information

Additional Information

Tells you the toxic risks of the product & what it means

What the risks are to the environment (land/sea and

How to safely dispose of the product and/or its packaging and avoid any environmental

Tells you how the product can be transported safely & any risks or special requirements when transporting the product

Tells you what laws cover it plus if it is a dangerous good (DG) and what the thresholds are for special handling as a

Tells you anything else that is important you need to know from the product

APPENDIX 3 - HAZARDOUS SUBSTANCES AND NEW ORGANISMS ACT 1996 COSMETIC GROUP STANDARD CITATIONS FOR LISTING INGREDIENTS IN MSDS HSR002552 Part 1 -1.1: Each material safety data sheet shall be in English (although the employer may maintain copies in other languages as well), and shall contain at least the following information: HSR002552 Part 1. 3: The chemical and common name(s) of all ingredients whether or not they have been determined to be health hazards, and safety requirements (PPE) where they would exceed an established OSH permissible exposure limits, or could present a health risk to employees. HSR002552 Part 1. 3.3: Information on required on the safety data sheet must be provided under the 16 header prescribed (see the MSDS explanation) HSR002552 Part 1 3.1: A person, when selling or supplying a substance at quantities the exceed those set out in Table 1 (all nail products exceed this) shall provide a safety data sheet for the substance supplied to the recipient it:

(a) The substance is likely to be used in a place of work; and

(b) They have not previously supplied a safety data sheet for that substance to the recipient

HSR002552 Part 1 3.3: A person who manufacturers or supplies a substance in New Zealand or imports a substance into New Zealand must, is asked to do by any person in charge of a place of work where a substance is stored or used, give that person the required safety data sheet.