Draft Regulations on Plastic Microbeads: Prohibition and Compliance Requirements
Brought to you by SA Legal Academy: The Department of Forestry, Fisheries & the Environment has released draft regulations proposing a total prohibition on the production, distribution, and sale of plastic microbeads.
In terms of the National Environmental Management: Waste Act, No. 59 of 2008, the Minister has gazetted draft regulations intended to prohibit the use, production, distribution, sale, import, and export of plastic microbeads, as well as all products containing them. The proposed measures aim to mitigate the environmental impact of microplastics in South African water systems and ecosystems.
The draft regulations carry significant implications for various sectors, particularly those involved in the formulation and sale of consumer goods. Affected industries include:
- Toiletries and cosmetics (e.g., exfoliating scrubs and toothpastes);
- Pesticides and agricultural chemical products; and
- General manufacturing and chemical distribution.
Under the proposed framework, entities found in possession of microbeads or products containing them after the regulations come into force will be required to comply with specific disposal and reporting protocols. The Department has indicated that onerous penalties will be prescribed for non-compliance with these prohibitions.
Interested parties and stakeholders are invited to submit written representations or comments on the draft regulations by no later than 7 September 2025.
What this means for you, your business, or your clients
- For yourself: No direct individual obligations; impact channelled through firm-level compliance and advisory for clients in the manufacturing and retail sectors.
- For your business: Compliance officers in the retail and chemical sectors must initiate a supply chain audit to identify products containing plastic microbeads to ensure inventory is cleared or reformulated before the final commencement date.
- For your clients: Clients in the cosmetics, toiletries, and pesticide industries must prepare for a total prohibition on microbeads, necessitating the identification of biodegradable alternatives and the potential write-down of non-compliant stock.
Originally published at https://legalacademy.co.za/news/read/environmental-management-draft-regulations-on-microbeads-out-for-comment