Policy Regulatory Technical Notification 04-2025
Dear CTFA member
Please find this week’s notification for information and consideration.
Triethanolamine; sodium fluoride; and other controlled chemicals
Control of chemicals used in chemical weapons – South Africa is a party to the Chemical Weapons Convention (Organisation for the Prohibition of Chemical Weapons)
During August 2024, CTFA distributed a survey to raise awareness of compliance requirements and to determine the potential impact on companies with respect to compliance with Government Gazette No. R4975 of 14 June 2024 – Declaration of Certain Chemical Goods as Controlled Goods and Control Measures Applicable to Such Goods (available from CTFA). CTFA identified the above-listed chemicals as being relevant and asked for members’ input and if any further chemicals were relevant to their operations. CTFA considered the responses received and submitted confidential, consolidated input and a proposal (excerpt available from CTFA) to the Department of Trade, Industry and Competition (DTIC), whose mandate the control of these listed chemicals falls under.
The DTIC’ s Chemical Weapons Working Committee subsequently considered CTFA’s submission and unfortunately concluded the following:
- there are not many cosmetic companies that are involved in the controlled chemicals – there is therefore no significant administration burden; and
- those that may be involved with the chemicals have thresholds, below which they do not need to comply with certain requirements (e.g. registrations; transfers; and/or declarations):
- in terms of transfer thresholds, if a company imports any scheduled chemical below 25 kg per calendar year, an import permit is exempted; and
- for declaration purposes, only those companies that have imported 100 kg and above per annum of scheduled chemicals would be required to submit declarations; and
- regarding sodium fluoride, transfer and declaration requirements are not applicable as there are no exports of this chemical. Few of the companies may however be required to register for possession of the chemical; and
- opening up a provision for exemption of certain industries might have implications in terms of other sectors of the South African industry adhering to the provisions of this Government Notice.
The above feedback was based on the CTFA submission that consisted of only a few member responses to the Survey. Please:
- identify if the company is in any way connected with triethanolamine and/or sodium fluoride, or any other listed chemical under this legislation;
- review the excerpt of the CTFA submission and indicate if the company’s activities are not included in the information (e.g. fall outside of the ranges given – refer to yellow highlighting); and
- complete the Survey if there is any interest and the survey was not completed in August 2024.
This will assist in determining if CTFA can/should continue its advocacy initiative to further motivate for the exemption of the cosmetic industry, or at least the raising of compliance thresholds.
Please could all responses be provided by 24 March 2025.
Should there be any queries or if you would like further information/documentation, please do not hesitate to contact: Dr Glen Malherbe - glen@ctfa.co.za / 082 908 3383 or Nadia Rashid - nadia@ctfa.co.za
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