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Managing microbeads in
personal care products: Consultation document. Wellington: Ministry for the Environment.
ISBN: 978-0-908339-81-5
Publication number: ME 1282
© Crown copyright New Zealand 2017
References 23
1 Eriksen M, Lebreton LCM, Carson HS, Thiel M, Moore CJ, Borerro, JC. et al. 2014. Plastic Pollution in the World's Oceans:
More than 5 Trillion Plastic Pieces Weighing over 250,000 Tons Afloat at Sea. PLoS ONE 9(12): e111913.
doi:10.1371/journal.pone.0111913.
2 UNEP. 2015. Plastics in Cosmetics: Are We Polluting the Environment through our Personal Care? Retrieved from
http://unep.org/gpa/documents/publications/PlasticinCosmetics2015Factsheet.pdf.
Risk of damage to marine Risk of devaluing New Possible risk to human Risk of devaluing
and freshwater biological Zealand’s fishing and health from ingesting taonga and mahinga
diversity and ecosystems shellfish exports and contaminated seafood kai (prized natural and
(ingestion, hormonal impacts on industry Risk to social and food gathering
impacts, bioaccumulation Risk of eroding New recreational interests resources)
of toxins) Zealand’s natural capital in marine and Risk to iwi/Māori ethos
Risk of limiting growth or and provision of freshwater biological of sustainable resource
causing death to marine ecosystem services (eg, diversity and use and management,
and freshwater ecotourism) ecosystem services exposing biodiversity
biodiversity Negative impact on New to unacceptable risks
Risk of smothering Zealand’s international
marine and freshwater brand and reputation
flora
3 Plastic microbeads in fresh water systems: Plastic microbead pollution a concern in Great Lakes. 2015. Retrieved
from https://thewaternetwork.com/article-FfV/plastic-microbeads-in-fresh-water-systems-
zlg86dv2d7mCCp3X_axq4g.
4 The Canadian Environmental Protection Act has a definition of ‘toxic substance’, which describes a substance as toxic if “it
is entering or may enter the environment in a quantity or concentration or under conditions that have or may have an
immediate or long-term harmful effect on the environment or its biological diversity”.
7 Urquhart A. 2016. Toxic tide: The threat of marine plastic pollution in Australia. Retrieved from
http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Environment_and_Communications/Marine_plasti
cs/Report.
8 Australian Government: Department of the Environment and Energy: 2016-2017 Product List. 2016. Retrieved from
https://www.environment.gov.au/protection/national-waste-policy/product-stewardship/legislation/product-list-2016-
17.
9 Beat the Microbead: International Campaign against Microbeads in Cosmetics. 2016. Retrieved from
https://www.beatthemicrobead.org/en/industry.
10 Clunies-Ross, PJ, Smith, GPS, Gordon, KC, & Gaw, S. 2016. Synthetic shorelines in New Zealand? Quantification and
characterisation of microplastic pollution on Canterbury's coastlines. New Zealand Journal of Marine and Freshwater
Research, 50(2). pp.317-325.
Problem definition
Personal care products are designed to be washed off or rinsed down wastewater treatment
systems. New Zealand’s wastewater treatment systems are unable to capture all microbeads;
therefore, a certain quantity enters the environment.
There is currently no Government policy or regulation specifically aimed at reducing the risk of
impacts from microbeads on the marine environment.
Microbeads are persistent and non-degradable, causing damage to marine ecosystems and
potentially impacting on human health through the consumption of contaminated seafood.
There is an accompanying risk of devaluing New Zealand’s fishing industry and exports both
through the reduced safety and quality of seafood products.
The current approach may eventually resolve the issue but it is uncertain how long this would
take. Under a precautionary approach there may be merit in taking action now rather than
waiting for a market-based solution.
Objectives
The primary objective of proposed regulation is to provide certainty that the impacts of microbeads
on New Zealand’s environment and human health are managed.
In achieving this objective it is also desirable to ensure that costs for New Zealand businesses,
consumers and the Government are minimised.
Although the range of impacts caused by microbeads are not currently precisely known or quantified,
the Government’s proposal takes a precautionary approach to reduce the risk of the long-term
impacts of microbeads on the environment and human health, as well as their wider socio-economic
and cultural impacts.
Out of scope
It should be noted that developing regulations under section 23(1)(b) of the WMA will only prohibit
the manufacture and sale of products containing microbeads. They would not prohibit the
importation or use of products containing microbeads in New Zealand.
If regulations were developed under the WMA, it is unclear to what extent products containing
microbeads would continue to be imported into New Zealand (eg, for personal use). However, we
anticipate the majority of consumers would purchase personal care products from local suppliers,
which, following the entry-into-force of the proposed regulations, would no longer contain
microbeads.
We have not identified any personal care products containing microbeads in New Zealand that have
an essential or critical use, such as healthcare or medical products. However, we note that the
proposed legislation in Canada does not apply to prescription drugs containing microbeads. There is
a risk in New Zealand that controlling or prohibiting the manufacture and sale of products containing
microbeads may unintentionally capture products that serve an essential purpose.
Questions
1. Do you agree with the Government’s proposal to prohibit the manufacture and sale of personal
care products containing microbeads (eg, body scrubs, facial cleaners, toothpastes) to reduce their
impacts on New Zealand’s environment and human health? Why/why not?
2. What are your views on the Government narrowing or widening the definition of the scope of
personal care products containing microbeads that are designed to be washed down the drain to be
prohibited from manufacture and sale in New Zealand?
3. Do you currently manufacture, sell or use any personal care products containing microbeads?
Please specify.
4. Do you currently manufacture, sell or use any personal care products containing microbeads for
medically prescribed uses or purposes? Please specify.
5. Do you currently import any personal care products containing microbeads into New Zealand,
either for sale or personal use? Please specify, including the source of the product.
6. Are you aware of any personal care products containing microbeads for any purpose that could be
considered an essential or critical use? Please specify.
Questions
7. Do you currently manufacture, sell or use any alternatives to personal care products containing
microbeads (or components therein), which are designed and used for the same purpose(s)? Please
specify.
8. Do you consider the alternatives to personal care products containing microbeads (or components
therein) to be reasonably practicable, readily available, and similarly priced for existing personal,
business or other uses? Why/why not?
9. Is there any reason why the alternatives would not be reasonably practicable, readily available, or
similarly priced for personal, business or other uses? If so, would you consider operating against the
policy intent and importing personal care products containing microbeads from overseas?
10. What would be the impact on you or your business if personal care products containing microbeads
were prohibited from manufacture and sale in New Zealand and the alternatives were not
reasonably practicable, readily available, or similarly priced?
Questions
11. Do you support the Government’s approach to administration and enforcement of the proposed
regulations under the Waste Minimisation Act? Why/why not?
12. Are there any other considerations for administration and enforcement of the proposed regulations
that have not been outlined in the Administration and enforcement section of this consultation
document?
Questions
13. What are your views on the Government’s proposed timeframe for entry-into-force of the
regulations under the Waste Minimisation Act to prohibit the manufacture and sale of personal
care products containing microbeads?
14. Are there any issues about the proposed timeframe for entry-into-force of the regulations that the
Government should consider?
15. Are there any ways the Government could help industry or consumers transition away from
personal care products containing microbeads ahead of the regulations’ entry-into-force?
(1) The Governor-General may, by Order in Council made on the recommendation of the Minister,
make regulations for 1 or more of the following purposes:
(a) controlling or prohibiting the disposal, or anything done for the purpose of disposing, of
products or waste:
(b) controlling or prohibiting the manufacture or sale of products that contain specified
materials:
(c) requiring specified classes of person to provide a take-back service for products, and
prescribing requirements for—
(ii) the reuse, recycling, recovery, treatment, or disposal of products taken back:
(d) setting fees payable for the management of a product and specifying—
(i) the class or classes of person who must pay the fee; and
(ii) the stages in the life of the product where the fee must be paid; and
(e) requiring specified classes of person to charge a deposit on the sale of a product, requiring
the deposits to be refunded in specified circumstances, and prescribing requirements for the
application of any deposits not refunded:
Labelling of products
Quality standards
(g) for any product or material that has become waste, prescribing standards to be met when
reusing, recycling, or recovering the product or material:
(i) requiring specified persons or specified classes of person to collect, and provide to the
Secretary, information about any requirements imposed in regulations made under paragraph
(a), (b), (c), (d), or (e):
Miscellaneous
(a) under subsection (1) (a), unless he or she is satisfied that there is adequate infrastructure and
facilities in place to provide a reasonably practicable alternative to disposal or, if not, that a
reasonable time is provided before the regulations come into force for adequate infrastructure
and facilities to be put in place:
(b) under subsection (1) (b), unless a reasonably practicable alternative to the specified materials
is available.
(3) Before recommending the making of regulations under subsection (1), the Minister must—
(a) obtain and consider the advice of the Waste Advisory Board; and
(i) there has been adequate consultation with persons or organisations who may be
significantly affected by the regulations; and
(ii) the benefits expected from implementing the regulations exceed the costs expected
from implementing the regulations; and
(iii) the regulations are consistent with New Zealand’s international obligations.
Web pages
Australian Government: Department of the Environment and Energy: 2016-2017 Product List. 2016. Retrieved
from https://www.environment.gov.au/protection/national-waste-policy/product-
stewardship/legislation/product-list-2016-17.
Beat the Microbead: International Campaign against Microbeads in Cosmetics. 2016. Retrieved from
https://www.beatthemicrobead.org/en/industry.
Environmental impact of microplastics. 2016. Retrieved from
http://www.publications.parliament.uk/pa/cm201617/cmselect/cmenvaud/179/17902.htm.
Plastic microbeads in fresh water systems: Plastic microbead pollution a concern in Great Lakes. 2015.
Retrieved from https://thewaternetwork.com/article-FfV/plastic-microbeads-in-fresh-water-systems-
zlg86dv2d7mCCp3X_axq4g.