Background
The EPA suggested changes to pertinent group criteria to lower the lead levels in paints in order to guarantee that the regulations are as strong as feasible and compliant with other international authorities. Additionally, from October 27, 2023 to January 26, 2024, the EPA accepted public comments on these suggested modifications (CL news). The EPA held a public hearing on May 29, 2024. The EPA recently decided to approve the changes to associated group requirements after requesting and examining more data. Not only have lead impurity levels in paints been drastically lowered, but restrictions on art supplies like chalk, crayons, and felt-tip pens have also been enforced.
In order to lower the maximum permissible levels of lead impurities in paint, the Environmental Protection Authority (EPA) of New Zealand made the decision to accept the adjustments to a number of group standards on August 19, 2024. The new regulations will go into force on March 1, 2025.
The key changes are to:
- Cut lead impurity limits in paints, including corrosion inhibitors
- Require test results showing lead levels
- Ensure all graphic materials marketed at children only fit the Graphic Materials Group Standard, which only allows products with no health risks
- Cut the levels of migratable lead and other toxic elements in graphic materials marketed for children
- Remove the need to give the EPA results of migratable element testing of graphic materials (to match other group standards and international regulators).
Amendments to group standards
From 1 March 2025, most of the new rules come into effect. This means that:
- Lead impurities in all paints covered by the Surface Coatings and Colourants Group Standards and Aerosols Group Standards must not exceed 90 ppm
- Anti-rust paints using the Corrosion Inhibitors Group Standards now must also meet the 90 ppm lead impurity limits
- Importers and manufacturers must have test results (or other evidence) showing compliance with the lead limits
- Paint used on toys and cots must meet the EN 71-3:2019+A1:2021 standard, and any paint that does not meet these requirements must include on the label the precautionary statement “Not suitable for use on children’s toys or cots”
- All art materials marketed to children are only covered by the Graphic Materials Group Standard
- Art materials using the Graphic Materials Group Standard must meet the lower element migration levels in the EN 71-3:2019+A1:2021 standard.
Furthermore, 28 days following publication in the Gazette, the Graphic Materials Group Standard’s leachable element notice obligation is no longer applicable.
It is your responsibility to get rid of any products or materials that don’t adhere to the updated group standards by September 1, 2025.