Cosmetics and Toiletry products are available in a wide variety packaging materials and presentations. When selecting the most suitable packaging for a product there are many aspects that must be considered:

Standards and Regulations covering:

• Standardisation of pack sizes
• Permissible units of measurement
• Quantity standardisation
• Measurement marking
• Ingredient labelling
• Poison Statements
• Dangerous Goods
• Hazardous Labelling (for Professional Products)
• Deceptive packaging
• Fill Quantity
• Manufacturer or Distributor Identification
• Country of Origin Labelling

Suitability

• Is the product stable in the packaging?

Environmental Issues

• Recycling

References

Further details on each of these follow, but it is stressed that as the regulations are constantly changing it is necessary to consult the relevant Federal, State and Territory Regulations to ensure compliance.

The Australian Society of Cosmetic Chemists supports the principle of standardisation where possible and the endeavours to protect the consumer from deceptive practices. Furthermore, the ASCC supports international harmonisation and elimination of unique Australian regulations. However, in working towards this end it is essential that industry is allowed to participate in the development of regulations. Without industry input, government committees are often unaware of the impact that their decisions may have on business.

Prepared by: John O'Donnell August 24, 1998

1. Standards and Regulations

There are many regulations covering the packaging of Cosmetics and Toiletries. It is beyond the scope of this Position Paper to provide a comprehensive review and so a summary of the regulations is provided. Some relevant references are attached.

1.1 Standardisation of Pack Sizes

Australia uses the metric system of measurement and all quantity statements must be in the appropriate metric unit.

1.2 Permissible Units of Measurement

Mass

• kilogram is permitted in all cases.
• gram is permitted only if the mass does not exceed 1000 grams.
• milligram is also permitted if the mass does not exceed 1000 milligrams.

Volume

• litre is permitted in all cases
• millilitre is also permitted where the volume does not exceed 1000 millilitres.

Significant Figures

The maximum number of significant figures is 3 although the simplest whole number is preferable. e.g. use:

• Use 750 mL rather than 0.75 litre
• Use 1 kg instead of 1.00 kg
• Round 1.255 kg down to 1.25 kg
• Round 1.507 litres down to 1.5 litres
• Use 0.375 kg not .375 kg

1.3 Quantity Standardisation

The restrictions on Cosmetics and Toiletries have generally been lifted. The convention is that pack sizes should be in multiples of 5 grams or 5 mLs although for packs of less than 25 grams or mLs, divisions of 5 may not be appropriate.

For imported packs where non-metric units are used the quantity statement should be rounded down to the nearest multiple of 5.

1.4 Measurement Marking: Volume or Mass?

There are requirements for aerosols and perfume compounds:

• Aerosol Products: mass
• Perfume Compounds: mass or volume if the quantity is not less than 500g
• For other products the general convention is:
• Liquids or flowing liquids – use volume
• Semi-solids, powders and solids use mass.

1.5 Ingredient Labelling

In October 1991, Cosmetic Ingredient labelling regulations were introduced into Australia. Specifically these were:

Trade Practices
(Consumer Product Information Standards)
(Cosmetics) Regulations

These regulations define what are cosmetic products and require that all ingredients be listed in descending order of concentration. No naming convention is specified nor is there minimum print size requirement apart from being legible.

The regulations do not require batch numbers or expiry dates. The ASCC supports the use of batch numbers.

1.6 Poison Statements

The Schedule for the uniform scheduling of drugs and poisons (SUSDP) is a national code for labelling and packaging of poisons. There are 9 schedules:

• Schedule 1: No longer exists
• Schedule 2: OTC Pharmaceutical's available only from pharmacies
• Schedule 3: OTC Pharmaceutical's available only from pharmacies and their availability to the public is restricted.
• Schedule 4: Prescription Pharmaceuticals
• Schedule 5: Poisons that are hazardous but freely available to the public.
• Schedule 6: Poisons that are more hazardous than Schedule 5 but must be made available to the public.
• Schedule 7: Dangerous poisons, which require special precautions.
• Schedule 8: Drugs of dependence requiring a special licence.
• Schedule 9: Drugs of abuse whose possession or manufacture is prohibited.

Cosmetic products, eg Permanent Wave solutions, may be classified as Schedule 5 or 6 poisons. The major impact is the inclusion of signal words, safety directions and warnings on labels. Some poisons require special ribbed packaging and the incorporation of a childproof closure. The SUSDSP must be checked carefully.

It is important to remember that the SUSDP itself carries no legal obligation until passed into state law. Most states have an automatic adoption of the SUSDP so it is generally safe to follow the SUSDP. However, care should be taken to ensure that states are adopting the SUSDP guidelines.

The SUSDP is published annually with quarterly updates. An annual subscription is approximately $60.

New Zealand and Australia have agreed to the same labelling requirements for poisons.

1.7 Dangerous Goods

Any product classified as a dangerous good must be properly labelled. The classes of dangerous goods are:

Class 1 Explosives
Class 2 Gases
Class 3 Flammable Liquids
Class 4 Flammable Solids
Class 5 Oxidising Agents
Class 6 Poisonous Substances
Class 7 Radioactive Substances
Class 8 Corrosive Substances
Class 9 Miscellaneous

The Dangerous Goods Code was updated in 1998. The Code is complex and it is recommended that persons with the responsibility to implement the Code attend training courses and study the code carefully.

This code is mainly concerned with the storage and transport of dangerous goods. In addition to labelling the DG Code has a major impact on warehousing and emergency response procedures.

1.8 Hazardous Substances Regulations

Where products are classified as hazardous substances and are used in the workplace there are special regulations relating to they're handling and use. In general these regulations are to protect the health of people working with hazardous substances. These regulations cover:

• Material Safety Data Sheets
• Labelling
• Risk Assessment
• Training
• Exposure Monitoring

These regulations apply wherever Cosmetics & Toiletries are used in the workplace. This includes professional products as well as workers in the actual manufacturing plants. The regulations are complex and require trained personnel to properly administer.

It should be noted that a separate publication for Hairdressers' was prepared by Worksafe and the Industry which means companies don't have to supply individual Material Safety Data Sheets.

1.9 Deceptive Packaging

There are requirements that all products contain the stated quantity of product and be packed in a manner not likely to deceive the consumer. The Model Uniform Deceptive Practices in Packaging Legislation” covers:

• Free space
• Perceived volume
• Cavity space
• Wall thickness
• Cap and lid controls
• Gift packs

The regulations are comprehensive and provide detailed methods for making all the measurements as well as the requirements.

1.10 Fill Quantity

An important feature of Australian regulations is the requirement for the actual quantity in a pack to be greater than or equal to the labelled quantity. This differs to the EU system, which has a +/- tolerance around the labelled quantity.

Thus, for a 100-gram pack the minium quantity is 100 grams. This is taken as an average over 12 samples.

It is important to take into account any weight loss that may occur over time. Thus, if a pack is the correct weight at the time of filing but water loss causes it to be underweight, then the product would be regarded as being underweight. If weight loss does occur then it must be compensated for at the time of filling.

Aerosols are a special case where fill volumes must be carefully calculated. If an aerosol is overfilled it may explode on heating and if underfilled it may be deceptive.

1.11 Manufacturer or Distributor Identification

All packs must be marked with the Australian company name and street address of the company who is responsible for the product. The name and address must be legible and enable the company named to be identified and located.

1.12 Country of Origin Labelling

Legislation was presented to the Federal Parliament in 1998. There will be a 2 tiered system:

“Product of Australia” – 100% Australian Content

“Made in Australia” - A substantial transformation must be made in Australia as well as the major cost being occurred in Australia.

Members will have to carefully check the “Made in Australia” requirements before making any such claims.

Imported products should be marked with the country in which they were manufactured.

2. Suitability

All packaging should be subjected to stability testing to ensure the pack and product are compatible. This testing should include high temperature storage, exposure to the elements and transportation.

3. Environmental Considerations

The ASCC supports the efforts to recycle and minimise the environmental impact of the packaging materials used for Cosmetics and Toiletry products. The following should be considered:

• Use minimal amount of packaging
• Use recycled materials
• Provide recycling information on packs
• Use packaging which can be recycled.

Packaging of Cosmetics and Toiletries is an important aspect of the Industry. The ASCC endorses a responsible approach and encourages the Industry to actively work with government Agencies to ensure a pragmatic approach to regulations.,

Regulations are constantly changing and members are encouraged to constantly monitor the regulatory environment.

References

• A guide to NSW Packaging Legislation
  Department of Fair Trading
  PO Box 118, Belmore. NSW 2192
  Phone: (02) 9750 8188 Fax: (02) 9750 7590
• Schedule for the uniform scheduling of drugs and poisons.
  Commonwealth Department of Health and Family Services
  Subscriptions: Australian Government Bookshop
• Guide to Labelling Drugs and Poisons
  Commonwealth Department of Health and Family Services
  Available from: Australian Government Bookshop
• Ingredient Labelling of Cosmetics
  Australian Competition and Consumer Commission
  Available from: Australian Government Bookshop
• Australian Dangerous Goods Code – 6th Edition
  Federal Office of Road Safety
  Available from: Australian Government Bookshop

Please note that this list is not exhaustive.

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