CTFA Annual Report 2020

an international perspective. Amendments to legislation (regarding particularly draft Regulations relating to the labelling, advertising and composition of cosmetics, R.1469, 22 December 2017); and queries on whether the extension of the ban will affect imports, are among the comments put forward by CTFA. HAND SANITISERS Hand sanitisers have become essential household items over the course of 2020, as hand hygiene became paramount in preventing the spread of the novel Coronavirus (COVID-19). The global pandemic, as it affected the lives of billions of people, caused many countries to administer lockdowns to various degrees. In some cases, this has lead to restricted access to goods that were previously available. However, products used for hand hygiene, and in particular hand sanitisers, were deemed essential, and the manufacture of these products were encouraged by many governments. As a result, CTFA experienced an influx of queries on hand sanitiser products, prompting a need to address the status of the products in terms of its category and legislation. In South Africa, the product descriptor: ‘hand sanitiser’ is one that does not fall within the definition of a cosmetic in the Foodstuffs, Cosmetics and Disinfectants, (Act 54 of 1972). Through engagements with local stakeholders, CTFA was advised to direct industry members to the following regulations: - The Medicines and Related Substances Act, 1965 (Act 101 of 1965) - The Foodstuffs, Cosmetics and Disinfectants Act (Act 54 of 1972) - The Standards Act, Act 8 of 2008 - The National Regulator for Compulsory Specifications Act 5 of 2008 - The Legal Metrology Act 9 of 2014. Together with that understanding, the Medical Control Council’s Position statement: Status of disinfectants, antiseptics and germicides 9.78 V1, Jul 16 provides guidance based on a risk-based approach in categorising disinfectants, antiseptics and germicides based on specific criteria. This classifies products based on the application surface (human skin or inanimate surface); the environment that the sanitiser is used in; the intended use and function; and the composition of the sanitiser. Hand sanitisers can be classified as General Consumer Products, Medicines (in the case of Scheduled Substances) or Disinfectants. ANIMAL TEST BAN CTFA is unequivocally supportive of the banning of animal testing in South Africa and believe that the consideration of animal rights is vital. With regards to safety, animal testing was historically a safety requirement that has since been replaced by a number of alternative assessment methods that ensure safety of the ingredients and finished product without causing harm to animals. These alternatives, while being humane, prove to be even more accurate and scientifically relevant to humans as end users of the products tested. Non-animal testing of cosmetics has already been a long-standing practice, that CTFA members are committed to, and thus CTFA’s concerns have been focused on the regulatory landscape. In particular, CTFA believes that alignment to international practice, together with the collaboration with local stakeholders to introduce clarity in legislation, is important. From a regulatory perspective, it is imperative that a clear adoption period is communicated by the regulator, as is the case with international best practice and has been implemented by many countries, including those of the European Union. 2020 saw the publishing of the draft Animal Protection Amendment Bill 2020 on the 11th of September, which prompted CTFA to submit commentary on behalf of the industry. The legislative journey of banning animal testing of cosmetics in South Africa: • In December 2017, the proposal to amend the Animal Protection Bill, to prohibit the sale and manufacturing of cosmetics that were tested on an animal in the Republic; criminalise the testing of cosmetics on animals and criminalise the failure to provide an animal with an appropriate environment and related matters, was published by a private member of parliament. • In 2018, CTFA provided commentary to the gazetted bill relating to the Animal Protection Amendment Bill, 2017 and the Memorandum on the Objects of the Bill on the 30th of November 2017 in Government Notice 942. These comments focused on the context and content of the bill as it related to the cosmetic industry. • The draft Animal Protection Amendment Bill 2020 was published on the 11th of September 2020 in Government Notice 497. • CTFA submitted commentary on the notice of intention to introduce a Private Member’s Bill and invitation to comment on the draft Animal Protection Amendment Bill 2020. Through CTFAs engagement with various other associations internationally, as well as participation on international forums, the comments were collated using COSMETIC TOILETRY AND FRAGRANCE ASSOCIATION OF SOUTH AFRICA 11