The Cosmetics Standard 2007 “sunsetted” on 1 October 2018
The Cosmetics Standard 2007 “sunsetted” on 1 October 2018. The content of the Cosmetics Standard has been reproduced in the new Therapeutic Goods (Excluded Goods) Determination 2018 (Determination), a new instrument under the Therapeutic Goods Act 1989, which commenced on 1 October 2018.
The Cosmetics Standard ceased to have effect on 1 October 2018, due to "sunset" provisions in the Legislation Act 2003. Legislative instruments generally cease to have effect after around 10 years.
Cosmetic products that were previously covered by the Cosmetics Standard will continue to be excluded from the operation of the Therapeutic Goods Act 1989 provided those goods (to the extent that they are therapeutic goods) are exported, imported or supplied in a manner that is consistent with the terms of their exclusion under the Determination.
The new Determination is made by the Therapeutic Goods Administration under the Therapeutic Goods Act 1989 and is available on the Federal Register of Legislation. The new Determination specifies certain goods to be excluded goods for the purposes of that Act. The exclusion may be absolute in nature or only when used, advertised or presented for supply in a particular manner specified in the Determination.
The new Determination reproduces the relevant content of the Cosmetics Standard to maintain the regulatory status quo in relation to these products. To the extent that these products are also therapeutic goods, the TGA will continue to have oversight of those goods which do not meet the terms of their exclusion.
Read more about the TGA's new Excluded Goods Determination.
Who regulates cosmetics?
- We (NICNAS) will continue to regulate the manufacture and importation of cosmetic ingredients.
- The Therapeutic Goods Administration (TGA) is responsible for administering the Therapeutic Goods Act 1989. Goods that meet the terms of their exclusion in the new Determination are not subject to the operation of the Therapeutic Goods Act 1989.
- Product safety and cosmetic labelling standards (under the mandatory standard for ingredient labelling of cosmetics) will continue to be the responsibility of the Australian Competition and Consumer Commission (ACCC).
- State and Territory Government authorities will continue to regulate the use and disposal of cosmetics.
I'm an importer or manufacturer of cosmetics. What's changed?
Obligations around cosmetic ingredients and cosmetic products are essentially the same as before. But the Cosmetics Standard is not in force after 1 October 2018. Instead you must refer to the TGA's new Determination to understand the circumstances in which your product will not be made subject to regulation under the Therapeutic Goods Act 1989. These circumstances include ensuring the products meet requirements and standards for cosmetic products previously included in the Cosmetics Standard.
Last update 19 October 2018