Graphic materials intended for use by children
- Document symbol
- G/LIC/N/3/NZL/10
- Original language
- English
- Published on
- 08/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The Hazardous Substances and New Organisms (HSNO) Act 1996 was enacted to provide a comprehensive health, safety and environmental regulatory framework covering explosives, flammable, oxidising and corrosive substances, as well as those that are toxic to people and the environment. The purpose of the HSNO Act is: "to protect the environment, and the health and safety of people and communities, by preventing or managing the adverse effects of hazardous substances and new organisms".
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Some graphic materials have been found to contain high concentrations of toxic elements and their compounds. The Graphic Materials Group Standard covers a number of different products, but crayons, finger paints and children's watercolour paints, specifically manufactured for use by children require evidence of compliance with the group standard for import into or manufacture in New Zealand.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating in and coming from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
Young children are at greater risk of poisoning through ingestion of hazardous substances that may be contained in such products. These requirements on the importation of graphic materials are in place to reduce the risk of poisoning of young children.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Hazardous Substances and New Organisms (HSNO) Act 1996 Graphic Materials Group Standard 2020.
Under the Hazardous Substances and New Organisms (HSNO) Act 1996, the Graphic Materials Group Standard 2020 was issued to reduce the risk of poisoning of young children. The Environmental Protection Authority has adopted the limits that were specified in the old Toxic Substances Regulations. The Group Standard regulates the maximum permissible levels of elements in imported and locally made graphic materials. Since June 2009, it has been an offence to import or manufacture graphic materials intended for use by children if they exceed the maximum permissible metal limits set in the Group Standard.
The import clearance under the Graphic Materials Group Standard is given by the EPA . Until 2017, it was given by the Medical Officer of Health.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Clearances of imported graphic materials for use by children are managed by the EPA. Applications for the assessment of evidence of compliance with the Graphic Materials Group Standard are sent to the EPA on the appropriate form. The written approval of the EPA is required before goods are imported into New Zealand. Importers or manufacturers are responsible to ensure that graphic materials are tested for element levels by an accredited laboratory. In New Zealand, laboratories are accredited by International Accreditation New Zealand (IANZ) who can provide contact details of accredited laboratories. Products being imported into New Zealand may be tested by overseas laboratories that are accredited by a body recognised by IANZ.
Q7.b. Can a licence be granted immediately on request?
No. Approval for clearance can be provided once the EPA is provided with evidence that imported graphic materials intended for use by children do not exceed the maximum permissible element limits set in the Group Standard.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There are no limitations as to the period of the year during which application for licence and/or importation may be made, other than applications generally being required to be submitted during normal business hours. Applicants should allow ten working days for an application to be reviewed after all information has been received.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Consideration of licence applications is effected by a single administrative organ, the EPA.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
No additional reasons as to why a request would be refused. Judicial review of a decision is the only course of appeal.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons, firms and institutions are eligible to apply under non-restrictive systems.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The information required for an application is a completed application form and evidence that imported or manufactured graphic materials intended for use by children do not exceed the maximum permissible metal limits set in the Group Standard. This may take the form of analytical results from New Zealand laboratories accredited by International Accreditation New Zealand (IANZ) or from overseas laboratories that are accredited by a body recognised by IANZ. The documentation required is outlined in the application form:
- https://www.epa.govt.nz/industry-areas/hazardous-substances/making-an-application/graphic-materials/
Q11. What documents are required upon actual importation?
To import graphic materials intended for use by children, importers must present NZ Customs with a clearance letter from the EPA containing a Customs clearance code specific to that consignment.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no licensing fee or administrative charge.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The period of validity of a clearance code is for the specific consignment that has been approved.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No as the approval is specific for each consignment.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Not applicable – the clearance letter will not be issued until evidence is provided that imported graphic materials intended for use by children are in compliance with the requirements of the Graphic Materials Group Standard.