Australian Legislation












 




CONGRATULATIONS

on completing the Teeth Whitening Wholesale training course.  Please right-click on the teeth whitening certificate to download and print your copy.


Teeth Whitening Certificate



 

WHAT IS THE AUSTRALIAN BODY GOVERNING TEETH WHITENING?

Cosmetic teeth whitening as a beauty service is not formally regulated in Australia. Most beauty services that are non-invasive are not formally regulated.

There are however requirements for the supply of the products and equipment used in the treatment. These legislations are regulated by the ACCC.


TEETH WHITENING LEGISLATION AND REGULATIONS FOR NON-DENTAL PRACTITIONERS

Teeth whitening outside of a dental clinic comes under the legislation for the supply of cosmetics.  The percentage of peroxide is under 6% hydrogen peroxide or 18% carbamide peroxide.

Teeth whitening products are classed as cosmetic, rather than therapeutic goods in Australia, and the ADA is informed that it is the ACCC and its partner state and territory consumer protection agencies. The ACCC and state and territory consumer protection agencies are also responsible for preventing the sale of teeth whitening products that do not meet relevant Australian laws.


WHAT ARE THE TEETH WHITENING PACKAGING REQUIREMENTS?

Non-dental practitioners must issue clients with their own self-administered teeth whitening kit to be compliant with Australian cosmetic labelling regulations. Peroxide at levels of 6% hydrogen peroxide or 18% carbamide peroxide requires a Schedule S5 Caution on the front of the packaging label.  Teeth whitening products are also required to have the same labelling as cosmetics which include a list of ingredients in order of concentration.  Our teeth whitening treatment packs offer Australian compliant labelling.  


WHO REGULATES COSMETICS?

We (NICNAS) will continue to regulate the manufacture and importation of cosmetic ingredients.
The Therapeutic Goods Administration (TGA) is responsible for administering the Therapeutic Goods Act 1989. Goods that meet the terms of their exclusion in the new Determination are not subject to the operation of the Therapeutic Goods Act 1989.
Product safety and cosmetic labelling standards (under the mandatory standard for ingredient labelling of cosmetics) will continue to be the responsibility of the Australian Competition and Consumer Commission (ACCC).
State and Territory Government authorities will continue to regulate the use and disposal of cosmetics.


Please refer to this article:- https://www.productsafety.gov.au/standards/cosmetics-ingredients-labelling

WHAT STRENGTH PEROXIDE GEL IS ALLOWED FOR USE IN AUSTRALIA?

New regulatory standards for teeth whitening products that came into force on 1 May 2013 have clarified the continuation of general sales status for teeth whitening products containing 6% or less hydrogen peroxide and/or 18% or less carbamide peroxide, as long as they meet the requirements set out in the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP). Teeth whitening products containing concentrations of hydrogen peroxide and/or carbamide peroxide greater than this are only permitted to be used by registered dental practitioners.

It is an offence under section 121 of the National Law3 to perform a restricted dental act if you are not a registered dental or medical practitioner.
 

A restricted dental act includes performing any irreversible procedure on the human teeth or jaw or associated structures such as the use of teeth whitening substances identified under schedule 10 of the Poisons Standard (containing more than 18 per cent carbamide peroxide or more than six per cent hydrogen peroxide).

Dental Board - Teeth Whitening 

 


CAN YOU APPLY THE TEETH WHITENING GEL FOR THE CLIENTS? 

This is a grey area as there is no formal regulation covering the cosmetic application of teeth whitening gel under the concentration of 6% hydrogen peroxide.  The legislation as it stands only refers to these product being self-administered with reference to use as a consumer.   

As a non-dental practitioner, you are not permitted to put your hands inside the client's mouth, perform any dental diagnosis or dental act.  It is an offence under section 121 of the National Law3 to perform a restricted dental act if you are not a registered dental or medical practitioner.

It is essential to ensure you have discussed the application of the gel with your insurance provider to determine if they provide cover for the process.


 
HOW TO KNOW WHERE IT IS SAFE TO BUY TEETH WHITENING PRODUCTS FROM?

Suppliers of teeth whitening products in Australia must ensure all packaging and labelling meet the Australian standards and are compliant with cosmetic regulations.  Teeth whitening suppliers must be insured for the importation of products into Australia.  Suppliers must be registered with the Australian Government to import teeth whitening chemicals.  Teeth Whitening Wholesale is fully ensured to import teeth whitening chemicals into Australia for sale.  Teeth Whitening Wholesale is registered with NICNAS the Australian Government department responsible for overseeing the importation of chemicals into Australia for resale.  When purchasing from us you can be assured your products are Australian compliant and that we are fully insured.



CAN YOU IMPORT YOUR OWN TEETH WHITENING GEL?

When you import to resell you take on the same responsibility/liability as a manufacturer.  You will be required to have insurance to cover all possible liability for the products and be registered and pay a fee with NICNAS.  These costs add up to many thousands of dollars.

A product has a safety defect if it does not meet the level of safety the public is generally entitled to expect. While the expected level of safety will vary from case to case, it is ultimately for a court to determine whether a product has a safety defect.

The court will take various factors into account when determining whether a product has a safety defect, including:

  • how and for what purposes the product has been marketed
  • product packaging
  • the use of any mark in relation to the product
  • instructions and warnings for assembly and use
  • what might reasonably be expected to be done with the product
  • the time when the product was supplied.


If you are importing you must be registered with NICNS the Australian government body regulating the importation of chemicals and have the required insurance.  You must also ensure all your products and labelling are Australian compliant.  You must comply with all Australian regulations and ensure you are up to date with any changes in legislation.

https://www.productsafety.gov.au/product-safety-laws/legislation/product-liability



CURRENT REGULATORY STANDARDS

The regulatory standards for teeth whitening products are set out in the SUSMP (also commonly referred to as the Poisons Standard) that are given effect by the following state and territory government legislation:

         Medicines, Poisons and Therapeutic Goods Act (ACT) 2012
         Poisons and Therapeutic Goods Act (NSW) 1966
         Medicines, Poisons and Therapeutic Goods Act (NT) 2012
         Health Act (Qld) 1937
         Controlled Substances Act (SA) 1984
         Poisons Act (Tas) 1971
         Drugs, Poisons and Controlled Substances Act (Vic)1981
         Poisons Act (WA) 1964

 

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