Guide for Perfume and Fragrance Products

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Guide for Perfume and Fragrance Products
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 National Poison Information centre. Phone 0800-764766
Number
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    Highly flammable
Details                    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        HSNO Class 3.1, 6.1D & E, 6.3, 6.4, 8.3 and 9
type
Mixture                                  Ingredient               CAS No      % W/W
                          Ethanol (alcohol, alcohol denat.)
Aqua
contact with eyes, skin and clothing. Keep container tightly
                         closed when not in use.
Subsection 2
Store site               Keep in sealed container in a closed, frost-free, ventilated
requirements             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    Protective Gloves and splash proof goggles if handling
standards             methods warrant them
                      General mechanical ventilation
Application in the    Avoid repeated exposure to fumes and spillage on skin or
workplace             eyes.
Exposure Standards    No special exposure standards
outside the workplace
Subsection 2: Engineering Controls
Hierarchy of controls Process or personnel enclosure, mechanical ventilation
measures              (dilution and local exhaust) and control of process
                      conditions.
Exposure control      No special exposure control measure
measures
No. Hazard indication Flammable symbol or warning

Ventilation           General mechanical ventilation requirements
specification
Subsection 3: Personal Protective Equipment (PPE)
Detail specifications Inhalation protection: Respirator (if there is a risk of high
for equipment         concentrations)
                      Skin protection: gloves, chemical proof PVC or rubber
                      gloves
                      Eye protection: goggles or face shield
                      Other protection: protective clothing

Specific route of        Skin contact and possible inhalation
exposure
General Hygiene           Not applicable

                Section 9: Physical and Chemical Properties
Specific Data for the     Physical Description: Liquid
product not the           Water solubility: 100%
individual components     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                  Not applicable
Specifications
Further specifications    Not applicable
Specific advice           Not applicable

                       Section 10: Stability and Reactivity
Stability of the          Stable
substance
Conditions to Avoid       Intense heat. Open flame
Material to avoid         Oxidants
Hazardous                 None known
decomposition
Products
Specific Data             None

                     Section 11: Toxicological Information
Data and                  Eye corrosive, Eye irritant
interpretation
Summaries data            Not required
Format                    Not required

                      Section 12: Eco-toxicity Information
Potential                 Moderate Eco-toxicity risk when manufactured, stored or
Environmental             handled in volume containers.
Interactions              Limited risk due to small volume packaging of product once
                          manufactured Nil once used
Data Organisation         No effected species or data available
Environmental risk        None
phrases

                      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                      This is the products name and
Address                              who to call in an emergency
Telephone Number
Emergency Telephone
Number
Date of Preparation

                Section 2: Hazards Identification
Hazard Classification
Required identification               The risks this product might
Details

    Section 3: Composition/information on ingredients
Classification and type
Mixture                              These are ingredients & their

                   Section 4: First Aid Measure
Description of necessary first
aide measure
                                     Tells you what first aid might
Workplace facilities
                                     be necessary & what you need
Required instructions
Notes for medical personal

                Section 5: Fire-Fighting measure
Type of hazard
Fire hazard properties                What to do if there is a fire -
Extinguishing media &                 give this to the fire service on
methods
Recommended Protective
Clothing
Section 6: Accidental Release Measure
Procedures to be covered
                                          Tells you what to do if there is
                                          a spill or damage of this

                Section 7: Handling and Storage
Handling Practices
Store site requirements                   The correct handling and
Packaging                                 storage for this type of

     Section 8: Exposure Control/Personal Protection
Workplace exposure
standards                                 Tells you the safe levels you
Application in the workplace              can use the product at in the
Exposure Standards outside
the workplace

Subsection 2: Engineering Controls
Hierarchy of controls
measures                             Tells you about ventilation etc for
Exposure control measures            the products use in the
No Hazard indication
Ventilation specification
Subsection 3: Personal Protective Equipment (PPE)
Detail specifications for
equipment                              Tells you what safety gear to
Specific route of exposure             wear & what you need to
General Hygiene

        Section 9: Physical and Chemical Properties
Specific Data for the product
not the individual                        Explains the specifications of
components                                the finished product &
Required Specifications                   anything special you need to
Further specifications
Specific advice

              Section 10: Stability and Reactivity
Stability of the substance
Conditions to Avoid
Material to avoid                         Tells you what not to do, mix
Hazardous decomposition                   the product with or containers
Products
Specific Data
Section 11: Toxicological Information
Data and interpretation
Summaries data                      Tells you the toxic risks of the
Format                              product & what it means

             Section 12: Eco-toxicity Information
Potential Environmental
Interactions                        What the risks are to the
Data Organisation                   environment (land/sea and
Environmental risk phrases

             Section 13: Disposal Considerations
Disposal information
Relevant information                How to safely dispose of the
Avoid generalisations               product and/or its packaging
                                    and avoid any environmental

              Section 14: Transport Information
Relevant Information
Other requirements                  Tells you how the product can
                                    be transported safely & any
                                    risks or special requirements
                                    when transporting the product

              Section 15: Regulatory Information
Regulatory Status
                                     Tells you what laws cover it
                                     plus if it is a dangerous good
                                     (DG) and what the thresholds
                                     are for special handling as a

                 Section 16: Other Information
Additional Information
                                     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.
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