Sunscreen (Product Safety Standard) Act 2022

The Sunscreen (Product Safety Standard) Act 2022 makes AS/NZS 2604:2012 the mandatory product safety standard for sunscreen products in New Zealand for the purposes of the Fair Trading Act 1986. That is the core legal change. It means sunscreen compliance is not just about good practice or brand reputation. It is tied into New Zealand’s product safety framework.

The Act is short, but its effect is important. If your product is a sunscreen product under the Act, the standard must be treated and may be enforced as if it had been prescribed under section 29 of the Fair Trading Act 1986. For a business owner, the practical starting point is simple: identify whether your product is in scope, then check whether it meets AS/NZS 2604:2012 before it is imported, marketed or sold.

The Act defines a sunscreen product in two parts. First, the product must contain, or be represented as containing, a component able to absorb, reflect or scatter ultraviolet rays, and it must be intended to be on the surface of human skin to protect against reddening of the skin caused by ultraviolet radiation and other ultraviolet-induced damage.

Second, the product must fall into at least one listed category. These include a product represented as being primarily to protect the skin from ultraviolet radiation, an insect repellent with a labelled SPF of 4 or more, or a skincare product with a labelled SPF greater than 15. There are carve-outs in that skincare limb for lip products and products represented primarily as a tinted base or foundation.

This means businesses should not focus only on the product name. Claims on packaging, online listings, point-of-sale material and distributor information can all matter when deciding whether a product is represented as sun-protective.

For many businesses, the legal risk starts before a product reaches the shelf. Importing a sunscreen product into New Zealand, manufacturing it locally, relabelling it, or marketing it with SPF claims can all trigger the need to check compliance. A common mistake is assuming the overseas supplier has already handled everything.

If you are the New Zealand importer, brand owner or seller, you should still verify what standard the product was tested against and whether the New Zealand product presentation matches that compliance position.

Another trigger point is product range expansion. A business that mainly sells cosmetics or personal care items may add SPF claims to a moisturiser, serum or insect repellent without realising that this can move the product into a regulated category. The more your marketing leans on sun protection, the more important it is to check whether the Act applies.

The Act itself does not set out the technical rules in full. Instead, it adopts AS/NZS 2604:2012 as the product safety standard for sunscreen products. So the practical obligation is to ensure in-scope products comply with that standard. For most businesses, this means checking product development, testing support, labelling and claims substantiation against the standard rather than relying on broad supplier assurances.

The Act also says regulations may be made under section 29 of the Fair Trading Act 1986 if there is any addition to, variation or replacement of AS/NZS 2604:2012. That is a reminder to keep watching for future changes rather than treating compliance as a one-off project.

Example 1: A retailer imports a beach sunscreen sold overseas as SPF 50+. Because it is clearly represented as protecting skin from ultraviolet radiation, it is likely to be a sunscreen product under the Act. The retailer should check that the product complies with AS/NZS 2604:2012 before selling it in New Zealand.

Example 2: A skincare brand sells a daily moisturiser with SPF 20. Even if the product is marketed as skincare, it may still be covered because the Act includes some skincare products with a labelled SPF greater than 15. The brand should not assume skincare branding keeps it outside the law.

Example 3: A business sells insect repellent with SPF 4 on the label. That product is specifically included in the definition. The SPF claim is the trigger point that should prompt a compliance review.

Example 4: A cosmetics seller offers a tinted foundation with SPF. The Act’s skincare limb excludes products represented primarily as a tinted base or foundation, but the business should still review the exact product presentation and claims carefully before assuming it is outside scope.

Good records make compliance easier to prove and easier to manage across suppliers, retailers and online channels. The Act does not list a document set, but in practice a business should keep enough material to show why a product was treated as in scope or out of scope, and what evidence supports compliance with AS/NZS 2604:2012.

This is especially important for importers and brand owners who rely on overseas manufacturers. If a product label changes, if a marketplace listing is updated, or if a distributor starts using stronger SPF messaging, your records should show who approved the change and whether the compliance position was rechecked.

The Act received Royal assent on 8 March 2022 and came into force 6 months later. It also included a transitional rule for certain existing products. For the 12 months after commencement, AS/NZS 2604:2012 was not a product safety standard for sunscreen products manufactured in, or imported into, New Zealand before the date of Royal assent.

That transition was narrow and time-limited. It depended on when the product was manufactured in or imported into New Zealand, and it only operated for the 12 months after commencement. For current business operations, the transition will usually be historical only. Still, if you are reviewing old stock decisions or legacy compliance files, the dates matter and should be checked carefully against your records.

If you are a manufacturer or importer, your first job is product classification. Work through each SKU and ask whether it is represented as sun-protective, whether it carries an SPF label, and whether it falls into one of the categories in the Act. If yes, move straight to checking compliance with AS/NZS 2604:2012.

If you are a retailer, do not assume responsibility sits only with the brand owner. Review the products you stock, especially private-label items, imported products and products sold online with your own descriptions. If you are a skincare or cosmetics business, pay close attention to SPF claims because they can change the legal position quickly.

If there is any uncertainty about whether a product is in scope, or whether your evidence is enough to support the label and claims used in New Zealand, get legal or compliance advice before launch. It is much easier to fix classification and labelling issues early than after stock has been imported or advertised.