Introduction

APP205008 amendment of the Graphic Materials Group Standard

Overview

We’d like feedback on proposals to amend the Graphic Materials Group Standard 2020. This regulates the use, import and manufacture of graphic materials for children in Aotearoa New Zealand.

You have until 29 September 2026 to make a submission.

We are consulting on proposals we have made in response to an application to amend the Graphic Materials Group Standard 2020.

The group standard

The graphic materials group standard covers things like:

chalk
coloured pencils
crayons
felt pens
paints, including water colour, poster and finger paints.

In 2024, the group standard was amended to cover all graphic materials marketed to children 12 years old or younger.

Graphic Materials Group Standard 2020 HSR008053 Consolidated and current (PDF, 235 KB)

You can get a summary of this amendment and the rules set in the group standard in our graphic materials guidance.

Guidance on the graphic materials group standard

The application to amend the group standard

The New Zealand Toy Distributors Association and the Australian Toy Association (jointly, on behalf of their members) applied to amend the Graphic Materials Group Standard 2020. This was under section 96B of the Hazardous Substances and New Organisms Act 1996 (the HSNO Act).

View all documents for this application – HSNO application register

Summary of our proposals in response to the application

We have made a number of proposals in response to the application. These aim to clarify the group standard and ensure it appropriately manages risk in line with recognised international regulators. You’ll find details and discussion of all proposals in the full Consultation document in the HSNO application register.

Applicant’s requested amendments	EPA proposals to address the applicant’s requests
Change the age limit for graphic materials that must be assigned to the group standard from 12 years old or younger to “up to 96 months”.	We propose to amend the definition of child for the purposes of the group standard, changing it from 12 years old or younger to 7 years old or younger.
Change the requirement for element migration limit testing so that it is only required for graphic materials that are classified as toys.	We propose to amend the definition of graphic materials in the group standard to exclude negligible risk items such as pens and pencils, so these graphic materials are no longer regulated under HSNO.
Change the element migration limit requirement to reference the standard AS/NZS ISO 8124.3 instead of EN 71-3:2019+A1:2021.	We propose that the group standard continues to reference EN 71-3 for the element leaching limits.
Consider if the requirement is intended to apply to graphic materials without hazard classifications.	We propose to amend the wording in the scope (clause 4) to explicitly state that the group standard applies to products that do not trigger a hazard classification but contain one or more hazardous ingredients.
Add specific additional hazard classifications to be allowed in the scope of the Graphic Materials Group Standard.	We propose that a substance can be assigned to the group standard if it is classified for a human health hazard in New Zealand only because New Zealand uses lower Globally Harmonised System (GHS) cut-off thresholds for mixtures. This would only apply where the same substance would not be classified for a human health hazard by recognised international regulators. GHS and New Zealand’s hazard classification system
Remove the requirement to comply with the Hazardous Substances (Labelling) Notice 2017 for certain graphic materials.	We propose that graphic materials that trigger a hazard classification in New Zealand only because New Zealand applies lower GHS cut-off thresholds for mixtures are exempt from complying with the Labelling Notice, where the same materials would not be classified for a human health hazard by recognised international regulators.
Remove the requirement to comply with the Hazardous Substances (Safety Data Sheet) Notice 2017 for certain graphic materials.	We propose that graphic materials that trigger a hazard classification in New Zealand only because New Zealand applies lower GHS cut-off thresholds for mixtures are exempt from complying with the SDS Notice, where the same materials would not be classified for a human health hazard by recognised international regulators.

Feedback we’re seeking

We’d like your feedback on our proposals to amend the Graphic Materials Group Standard 2020. We especially want to hear from:

importers, manufacturers, and suppliers of graphic materials
anyone who uses or may want to use graphic materials
anyone with concerns about the risks of graphic materials to human health and the environment.

Providing files with supporting information

Later in the form you will be able to attach files of supporting information. Please let us know which questions or answers the files support.

Publishing submissions

All submissions (including submitter names) will be published on our website at www.epa.govt.nz. We will not publish any personal contact details.

Confidential information

If you think your submission contains confidential information, please make this clear in your submission. Reasons may include, for example, that the information discloses commercially sensitive information.

If you would like more information about how we treat confidential information, see the section Supplying confidential or commercially sensitive information under the HSNO Act on our website.

Privacy statement

The EPA is collecting your personal information for the purpose of considering feedback on the proposals in this document. We will store your personal information securely. We may use your contact details to contact you about your submission if necessary. You have the right to access the personal information we hold about you and to ask for it to be corrected if it is wrong. If you would like to access your personal information, or have it corrected, please contact us at info@epa.govt.nz.

Official information

The Official Information Act 1982 (OIA) applies to all information held by the EPA (subject to section 55 of the HSNO Act), and information may be released under the OIA unless there are grounds to withhold it. Further information on the OIA is at www.ombudsman.parliament.nz

Contact us for help with this form

If you need any help completing this form, you can call or email us on:

0800 225 537 (from within New Zealand)
+64 04 916 2426 (from overseas)
GraphicMaterialsAmendment@epa.govt.nz

Submitter details

Part 1: Submitter details

You must fill in fields marked with *

Are you submitting your personal views or on behalf of an organisation? *

My own personal viewsOn behalf of a company, organisation, or business group

Organisation name

First name *

Last name *

Email address *

Phone number

Postal address

City

Postcode

Country *

If other, please describe your submitter type.

Reassessment comments

Part 2: Questions about the reassessment

What are your reasons for making a submission? *

What decision do you wish the EPA to make regarding these proposals? *

Questions about the proposals

Amendment requested by applicant – age range

The applicant seeks to reduce the age range for who is considered a child under the Group Standard to children aged 0 to up to 96 months (8 years).

EPA proposal

We propose to amend the definition of child (12 years old or younger) to 7 years old or younger as the evidence suggests that from the age of 8 years the likelihood of harm from exposure to graphic materials is very low.

Please comment on the appropriate age threshold for the definition of a child in the Graphic Materials Group Standard. You may comment on the application, our proposal or this topic generally.

Amendment requested by the applicant – toxic element migration limits

The applicant proposed that toxic element migration testing should only be required for products that are categorised as toys under the European guidance, and not apply to inaccessible materials such as the ink in ballpoint pens or markers that do not present the risk of being licked, sucked or swallowed.

EPA proposal

We propose to amend the definition of graphic materials in the group standard to exclude negligible risk items such as pens and pencils, so these graphic materials are no longer regulated under the HSNO Act.

Please comment on: whether the testing requirement should be limited to those graphic materials that are toys only; and whether the standard should apply to pens, markers, and pencils. You may comment on the application, our proposal or this topic generally.

Amendment requested by the applicant – toxic element migration limits

The applicant requested that the maximum toxic element migration limits provided in the group standard be updated to refer to AS/NZS ISO 8124.3.

EPA proposal

We propose that the group standard continues to reference EN 71-3 for the element leaching limits.

Please comment on: the appropriate element leaching limits in the group standard; and any additional information, evidence, or views on the economic costs of complying with EN 71-3 testing. You may comment on the application, our proposal or this topic generally.

Amendment requested by the applicant – clarifying scope

The applicant asks the EPA to consider whether the Group Standard applies to graphic materials without hazard classifications suggesting that changes may be required to the HSNO Act and the group standard.

EPA proposal

We propose to amend the wording in the scope (clause 4) to explicitly state that the group standard applies to products that do not trigger a hazard classification but contain one or more hazardous ingredients.

Please comment on our proposal to clarify that the group standard applies to products that do not trigger a hazard classification but contain one or more hazardous ingredients. You may comment on the application, our proposal or this topic generally.

Amendment requested by the applicant – human health classifications

The applicant has requested that some human health classifications be added into the scope of the group standard to enable supply of products already considered safe internationally.

EPA proposal

We propose that a substance can be assigned to the group standard if it is classified for a human health hazard in New Zealand only because New Zealand uses lower GHS cut-off thresholds for mixtures. This would only apply where the same substance would not be classified by recognised international regulators in jurisdictions such as Australia or the European Union because they use higher thresholds.

Please comment on: whether substances should be assigned to the group standard where they trigger a classification in New Zealand due to lower GHS cut-off thresholds but are not classified by recognised international regulators; and what classifications are appropriate for substances and products in this group standard. You may comment on the application, our proposal or this topic generally.

Amendment requested by the applicant – labelling requirements

The applicant requested that compliance with the Hazardous Substances (Labelling) Notice 2017 (the Labelling Notice) not be required for pens, pencils, felt-tips, markers, and similar products. The applicant also requested that products that have a hazard classification only due to the differences in the GHS thresholds adopted in New Zealand versus those adopted in other markets not need to be labelled in accordance with the Labelling Notice.

EPA proposal

We propose that graphic materials that trigger a hazard classification in New Zealand only because New Zealand applies lower GHS cut-off thresholds for mixtures are exempt from complying with the Labelling Notice, where the same materials would not be classified by recognised international regulators.

Please comment on whether the group standard should exempt from the Labelling Notice those substances which are not classified by a recognised international regulator but are classified in New Zealand due to our lower GHS cut-off thresholds for mixtures. You may comment on the application, our proposal or this topic generally.

Amendment requested by the applicant – Safety Data Sheets requirements

The applicant requests that it not be necessary to create New Zealand versions of the Safety Data Sheets (SDS) for products that have a hazard classification only due to the differences in the GHS thresholds adopted in New Zealand versus those adopted in other markets.

EPA proposal

We propose that graphic materials that trigger a hazard classification in New Zealand only because New Zealand applies lower GHS cut-off thresholds for mixtures are exempt from complying with the SDS Notice, where the same materials would not be classified by recognised international regulators.

Please comment on whether the Group Standard should exempt from the SDS Notice those substances which are not classified by a recognised international regulator but are classified in New Zealand due to our lower GHS cut-off thresholds for mixtures. You may comment on the application, our proposal or this topic generally.

Presenting

Part 3: Presenting your submission at a hearing

Do you want to present on behalf of your submission if a hearing is held for this application? *

YesNo

Will you be presenting in Te Reo Māori?

YesNo

Will you need an interpreter?

Yes No

Which language interpreter do you need?For example, New Zealand Sign Language, Te Reo Māori, or Mandarin Chinese.

Files & other feedback

Part 4: Supporting files and any other feedback

Do you have any general comments on the contents of the amendment of the Graphic Materials Group Standard?

Please attach any files to support your submission.

Browse

You can add multiple files. Maximum total size: 20MB. File types accepted: doc, docx, xls, xlsx, ppt, pptx, pdf, jpg, jpeg, gif, png, bmp, zip. Select Clear files to remove all attached files.

Shared file link (Google Drive, Dropbox etc.)Add one or more URLs for online files or folders. You can also add a description of the contents.

Submit

Submit your feedback by 5.00 pm on 29 September 2026

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