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Court Summary - at a glance
- Every person commits an offence who fails to comply with any controls imposed by any approval granted under the HSNO Act;
- Under Schedule 5A(1)(2) of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004, a substance that is intended to be placed in contact with nails with a view exclusively or mainly to change the nails’ appearance is a ‘cosmetic product’;
- Using a product containing methyl methacrylate (MMA) as a cosmetic product, does not comply with the control imposed in Schedule 5A(1) of the Transfer Notice.
The Defendant failed to comply with a control on the use of a hazardous substance, namely methyl methacrylate (MMA). MMA was found in the liquid used to create the acrylic finish.
MMA is an approved substance under the Hazardous Substances and New Organisms Act 1996, subject to the control that it is not to be used as a component or ingredient in any cosmetic product because of the adverse health effects it can have on those who come into contact with it or who inhale its fumes. This control is imposed in Schedule 5A(1) of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004, as inserted by clause 7(2) of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) (Amendment) Transfer Notice 2006.