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Todd Muller

Sunscreen (Product Safety Standard) Bill

Member’s Bill

11—3

	Key
1	Title
2	Commencement
3	Interpretation
3A	Transitional, savings, and related provisions
4	Act binds the Crown
5	Product safety standard for sunscreen products
	Schedule 1 Transitional, savings, and related provisions
	Legislative history

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Sunscreen (Product Safety Standard) Act 2021.

2 Commencement

This Act comes into force 6 months after the date on which it receives the Royal assent.

3 Interpretation

In this Act,—

Act means the Fair Trading Act 1986

~~AS/NZS 2604:2021~~AS/NZS 2604:2012 means Australian/New Zealand Standard ~~AS/NZS 2604:2021~~AS/NZS 2604:2012 Sunscreen products—Evaluation and classification

labelled SPF means a sun protection factor indicated on a sunscreen product container

sunscreen product means a product that both—

(a)

contains, or is represented as containing, any component able to absorb, reflect, or scatter ultraviolet rays and that is intended to be on the surface of human skin with the purpose of protecting against reddening of the skin caused by ultraviolet radiation and other ultraviolet-induced damage; and

(b)

is 1 or more of the following:

(i)

a product that is represented as being primarily to protect the skin from ultraviolet radiation:

(ii)

an insect repellent with a labelled SPF of 4 or more:

(iii)

a product that is represented as a skin care (within the meaning of ~~AS/NZS 2604:2021~~AS/NZS 2604:2012) with a labelled SPF greater than 15 (other than a product intended for application to the lips, or a product that is represented primarily as a tinted base or foundation).

3A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

4 Act binds the Crown

This Act binds the Crown.

5 Product safety standard for sunscreen products

(1)

~~AS/NZS 2604:2021~~AS/NZS 2604:2012 is a product safety standard for sunscreen products for the purpose of section 29 of the Act.

(2)

The product safety standard must be treated, and may be enforced, as if the standard had been prescribed under section 29 of the Act.

(3)

Regulations may also be made in respect of sunscreen products under section 29 of the Act if there is any addition to, or variation or replacement of, ~~AS/NZS 2604:2021~~AS/NZS 2604:2012.

Schedule 1 Transitional, savings, and related provisions

s 3A

Part 1 Provision relating to this Act as enacted

1 Existing products manufactured or imported before Royal assent

In the 12 months after the commencement of this Act, ~~AS/NZS 2604:2021~~AS/NZS 2604:2012 is not a product safety standard for the purpose of section 29 of the Act for any sunscreen product that was manufactured in, or imported into, New Zealand before the date on which this Act receives the Royal assent.

Legislative history

11 March 2021		Introduction (Bill 11–1)
7 April 2021		First reading and referral to Health Committee
4 October 2021		Reported from Health Committee (Bill 11–2)
10 November 2021		Second reading
15 February 2022		Committee of the whole House (Bill 11–3)

Sunscreen (Product Safety Standard) Bill