Exemption categories

New chemical exemptions are underpinned by section 21 (4) and section (6) of the Act. Section 21AA imposes annual reporting obligations on persons introducing chemicals under section 21 (4) and section (6).

Since January 2011, nano-forms of new chemicals have not been permitted to be introduced under exemption categories where human and/or environmental exposure can reasonably be anticipated, these being:

  • low volume cosmetic and non-cosmetic exemptions—section 21(4)
  • low concentration (<1%) non-hazardous cosmetic exemption—section 21(6c).

If you advise us of introductions under these exemption categories you will be required to declare, on your annual reporting form, that the chemicals are not nanomaterials according to the NICNAS working definition.

The following exemption categories will remain available for nano-forms of new chemicals:

  • transshipment exemptions for which current conditions of introduction remain unchanged—section 21(6b)
  • research and development exemptions—Section 21(6a)—with some amendments to annual reporting requirements.  You must identify all nanomaterials introduced in volumes over 100g a year as nanomaterials and provide their full chemical name.

You must obtain a permit or certificate from NICNAS for any substances that meet the working definition of industrial nanomaterial currently introduced under exemption categories if their introduction is to continue after 1 January 2011. Contact us to determine the most appropriate notification category for your nanomaterial(s).

Last update 29 July 2018