Section 1 - Cosmetics Standard 2007 - Cosmetics Standard 2007

1Cosmetics Standard 2007

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Commonwealth Coat of Arms

Cosmetics Standard 2007

as amended

made under subsection 81(1)

Industrial Chemicals (Notification and Assessment) Act 1989

Compilation start date: 1 August 2013

Includes amendments up to: Cosmetics Amendment (Sunscreen) Standard 2013

About this compilation

The compiled instrument

This is a compilation of the Cosmetics Standard 2007 as amended and in force on 1 August 2013. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 1 August 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

Contents

1 Name of Standard

2 Commencement

3 Definitions

4 Requirements

Schedule 1—Standards

Endnotes

Endnote 1—Legislation history

Endnote 2—Amendment history

Endnote 3—Uncommenced amendments [none]

Endnote 4—Misdescribed amendments [none]

1 Name of Standard

This Standard is the Cosmetics Standard 2007.

2 Commencement

This Standard commences on the commencement of Schedule 1 to the Industrial Chemicals (Notification and Assessment) Amendment (Cosmetics) Act 2007.

Item	Product category	Product type	Standards
1	Face and nail	1.1 Tinted bases or foundation (liquids, pastes or powders) with sunscreen<br>1.2 Products intended for application to the lips with sunscreen	For a product imported into, or manufactured in, Australia before 1 August 2018, both:<br>(a) the product must be a secondary sunscreen product within the definition of secondary sunscreen product in:<br>(i) AS/NZS 2604:1998; or<br>(ii) AS/NZS 2604:2012; and<br>(b) any protection factor or equivalent category description stated on the product’s label must be in accordance with:<br>(i) clauses 6.2 and 6.3 of AS/NZS 2604:1998; or<br>(ii) clauses 5 and 6 of AS/NZS2604:2012.<br>For a product imported into, or manufactured in, Australia on or after 1 August 2018, all of the following:<br>(a) the product must be a secondary sunscreen product within the definition of secondary sunscreen product in AS/NZS 2604:2012;<br>(b) any protection factor or equivalent category description stated on the product’s label must be in accordance with clauses 5 and 6 of AS/NZS 2604:2012;<br>(c) if the product’s label states a protection factor, the label must meet the requirements of clauses 7.1 and 7.3 of AS/NZS 2604:2012;<br>(d) the product must meet the performance requirements for a broad‑spectrum product set out in:<br>(i) Table 1 in clause 5.2 of AS/NZS 2604:2012; and<br>(ii) clause 6.3 of AS/NZS 2604:2012.
2	Skin care	2.1 Moisturising products with sunscreen for dermal application, including anti‑wrinkle, anti‑ageing and skin whitening products<br>2.2 Sunbathing products (eg oils, creams or gels, including products for tanning without sun and after sun care products) with a sun protection factor of at least 4 and not more than 15	For a product imported into, or manufactured in, Australia before 1 August 2018, all of the following:<br>(a) the product must be a secondary sunscreen product within the definition of secondary sunscreen product in:<br>(i) AS/NZS 2604:1998; or<br>(ii) AS/NZS 2604:2012;<br>(b) the product must:<br>(i) not be presented as having a sun protection factor of more than 15; and<br>(ii) not be presented as water‑resistant; and<br>(iii) if it is not stable for at least 36 months—include an expiry date or use‑by date on its label; and<br>(iv) have a pack size not larger than 300mL or 300g; and<br>(v) not have a therapeutic claim, including any representation about skin cancer, made for it;<br>(c) any representation in connection with the product about premature skin ageing linked to sun exposure may be made only if the product meets the performance requirements for a broad‑spectrum product set out in:<br>(i) clause 7.2 of AS/NZS 2604:1998; or<br>(ii) both:<br>(A) Table 1 in clause 5.2 of AS/NZS 2604:2012; and<br>(B) clause 6.3 of AS/NZS 2604:2012;<br>(d) any protection factor or equivalent category description stated on the product’s label must be in accordance with:<br>(i) clauses 6.2 and 6.3 of AS/NZS 2604:1998; or<br>(ii) clauses 5 and 6 of AS/NZS 2604:2012.<br>For a product imported into, or manufactured in, Australia on or after 1 August 2018, all of the following:<br>(a) the product must be a secondary sunscreen product within the definition of secondary sunscreen product in AS/NZS 2604:2012;
			(b) the product must:<br>(i) not be presented as having a sun protection factor of more than 15; and<br>(ii) not be presented as water‑resistant; and<br>(iii) if it is not stable for at least 36 months—include an expiry date or use‑by date on its label; and<br>(iv) have a pack size not larger than 300mL or 300g; and<br>(v) not have a therapeutic claim, including any representation about skin cancer, made for it;<br>(c) the product must meet the performance requirements for a broad‑spectrum product set out in:<br>(i) Table 1 in clause 5.2 of AS/NZS 2604:2012; and<br>(ii) clause 6.3 of AS/NZS 2604:2012;<br>(d) any protection factor or equivalent category description stated on the product’s label must be in accordance with clauses 5 and 6 of AS/NZS 2604:2012;<br>(e) if the product’s label states a protection factor, the label must meet the requirements of clauses 7.1 and 7.3 of AS/NZS 2604:2012.
3	Skin care	Antibacterial skin products	The product must:<br>(a) be presented as being active only against bacteria; and<br>(b) not be presented as being:<br>(i) active against viruses, fungi or other microbial organisms (other than bacteria); or<br>(ii) for use in connection with disease, disorders or medical conditions; or<br>(iii) active against a named bacterium that is known to be associated with a disease, disorder or medical condition; or<br>(iv) for use in connection with piercing of the skin or mucous membrane, for cosmetic or any other purpose; or<br>(v) for use in connection with any procedure associated with the risk of transmission of disease from contact with blood or other bodily fluids; or
			(vi) for use before physical contact with a person who is accessing medical or health services, or who is undergoing any medical or health care procedure; or<br>(vii) for use in connection with a procedure involving venipuncture or delivery of an injection
4	Skin care	Anti‑acne products (including spot treatments, cleansers, face scrubs and masks)	The product must be presented as controlling or preventing acne only through cleansing, moisturising, exfoliating or drying the skin
5	Oral hygiene	Products for care of the teeth and the mouth (eg dentifrices, mouth washes and breath fresheners)	Both:<br>(a) the only benefits claimed to result from the use of the product must be consequential on improvements to oral hygiene, including for the prevention of tooth decay or the use of fluoride for the prevention of tooth decay; and<br>(b) benefits in relation to other diseases or ailments, eg gum or other oral disease or periodontal condition, must not be claimed to result from use of the product
6	Hair care	Anti‑dandruff products	The product must be presented as controlling or preventing dandruff only through cleansing, moisturising, exfoliating or drying the scalp

Item

Product category

Product type

Standards

Face and nail

1.1 Tinted bases or foundation (liquids, pastes or powders) with sunscreen 1.2 Products intended for application to the lips with sunscreen

For a product imported into, or manufactured in, Australia before 1 August 2018, both: (a) the product must be a secondary sunscreen product within the definition of secondary sunscreen product in: (i) AS/NZS 2604:1998; or (ii) AS/NZS 2604:2012; and (b) any protection factor or equivalent category description stated on the product’s label must be in accordance with: (i) clauses 6.2 and 6.3 of AS/NZS 2604:1998; or (ii) clauses 5 and 6 of AS/NZS2604:2012. For a product imported into, or manufactured in, Australia on or after 1 August 2018, all of the following: (a) the product must be a secondary sunscreen product within the definition of secondary sunscreen product in AS/NZS 2604:2012; (b) any protection factor or equivalent category description stated on the product’s label must be in accordance with clauses 5 and 6 of AS/NZS 2604:2012; (c) if the product’s label states a protection factor, the label must meet the requirements of clauses 7.1 and 7.3 of AS/NZS 2604:2012; (d) the product must meet the performance requirements for a broad‑spectrum product set out in: (i) Table 1 in clause 5.2 of AS/NZS 2604:2012; and (ii) clause 6.3 of AS/NZS 2604:2012.

Skin care

2.1 Moisturising products with sunscreen for dermal application, including anti‑wrinkle, anti‑ageing and skin whitening products 2.2 Sunbathing products (eg oils, creams or gels, including products for tanning without sun and after sun care products) with a sun protection factor of at least 4 and not more than 15

For a product imported into, or manufactured in, Australia before 1 August 2018, all of the following: (a) the product must be a secondary sunscreen product within the definition of secondary sunscreen product in: (i) AS/NZS 2604:1998; or (ii) AS/NZS 2604:2012; (b) the product must: (i) not be presented as having a sun protection factor of more than 15; and (ii) not be presented as water‑resistant; and (iii) if it is not stable for at least 36 months—include an expiry date or use‑by date on its label; and (iv) have a pack size not larger than 300mL or 300g; and (v) not have a therapeutic claim, including any representation about skin cancer, made for it; (c) any representation in connection with the product about premature skin ageing linked to sun exposure may be made only if the product meets the performance requirements for a broad‑spectrum product set out in: (i) clause 7.2 of AS/NZS 2604:1998; or (ii) both: (A) Table 1 in clause 5.2 of AS/NZS 2604:2012; and (B) clause 6.3 of AS/NZS 2604:2012; (d) any protection factor or equivalent category description stated on the product’s label must be in accordance with: (i) clauses 6.2 and 6.3 of AS/NZS 2604:1998; or (ii) clauses 5 and 6 of AS/NZS 2604:2012. For a product imported into, or manufactured in, Australia on or after 1 August 2018, all of the following: (a) the product must be a secondary sunscreen product within the definition of secondary sunscreen product in AS/NZS 2604:2012;

(b) the product must: (i) not be presented as having a sun protection factor of more than 15; and (ii) not be presented as water‑resistant; and (iii) if it is not stable for at least 36 months—include an expiry date or use‑by date on its label; and (iv) have a pack size not larger than 300mL or 300g; and (v) not have a therapeutic claim, including any representation about skin cancer, made for it; (c) the product must meet the performance requirements for a broad‑spectrum product set out in: (i) Table 1 in clause 5.2 of AS/NZS 2604:2012; and (ii) clause 6.3 of AS/NZS 2604:2012; (d) any protection factor or equivalent category description stated on the product’s label must be in accordance with clauses 5 and 6 of AS/NZS 2604:2012; (e) if the product’s label states a protection factor, the label must meet the requirements of clauses 7.1 and 7.3 of AS/NZS 2604:2012.

Skin care

Antibacterial skin products

The product must: (a) be presented as being active only against bacteria; and (b) not be presented as being: (i) active against viruses, fungi or other microbial organisms (other than bacteria); or (ii) for use in connection with disease, disorders or medical conditions; or (iii) active against a named bacterium that is known to be associated with a disease, disorder or medical condition; or (iv) for use in connection with piercing of the skin or mucous membrane, for cosmetic or any other purpose; or (v) for use in connection with any procedure associated with the risk of transmission of disease from contact with blood or other bodily fluids; or

(vi) for use before physical contact with a person who is accessing medical or health services, or who is undergoing any medical or health care procedure; or (vii) for use in connection with a procedure involving venipuncture or delivery of an injection

Skin care

Anti‑acne products (including spot treatments, cleansers, face scrubs and masks)

The product must be presented as controlling or preventing acne only through cleansing, moisturising, exfoliating or drying the skin

Oral hygiene

Products for care of the teeth and the mouth (eg dentifrices, mouth washes and breath fresheners)

Both: (a) the only benefits claimed to result from the use of the product must be consequential on improvements to oral hygiene, including for the prevention of tooth decay or the use of fluoride for the prevention of tooth decay; and (b) benefits in relation to other diseases or ailments, eg gum or other oral disease or periodontal condition, must not be claimed to result from use of the product

Hair care

Anti‑dandruff products

The product must be presented as controlling or preventing dandruff only through cleansing, moisturising, exfoliating or drying the scalp

Title	FRLI registration date	Commencement date	Application, saving and transitional provisions
Cosmetics Standard 2007	14 Sept 2007 (see F2007L03680)	17 Sept 2007 (see s. 2)
Cosmetics Amendment (Sunscreen) Standard 2013	21 June 2013 (see F2013L01110)	1 Aug 2013	—