Key takeaway
What This Development Means
New Zealand is consulting on a draft unsafe goods notice for consumer sand products, with submissions due at 5 pm on 25 September 2026. It would require samples from at least three units per product and relevant variant, accredited testing and evidence of no asbestos detected, starting three months after Gazette publication if issued.
Would every consumer sand product be banned?
No. Covered goods would be declared unsafe where the required testing or documentation had not been completed. Goods supported by compliant accredited-laboratory evidence showing no asbestos detected could still be imported and supplied. Naturally formed sand for sandpits, playgrounds and recreational areas is expressly excluded.
Would suppliers need to test every batch?
The draft requires samples from at least three separate units for each product and each relevant variant. It does not state a separate per-batch testing frequency. However, a change in composition, colour, size or another characteristic affecting the sand's source or nature can create a distinct variant.
New Zealand Proposes Asbestos Testing For Consumer Sand Products
New Zealand's Ministry of Business, Innovation and Employment is consulting on mandatory asbestos testing for consumer sand products before covered goods can be imported or supplied. The draft Unsafe Goods (Consumer Sand Products) Notice 2026 is proposed only. Submissions on the consultation close at 5 pm on 25 September 2026.
The proposal follows 23 recalls affecting about 46,000 units since November 2025. Existing law already restricts importing asbestos-containing products and workplace handling without permission. The notice would add targeted pre-market testing and evidence.
Which Products And Tests Are Proposed
The draft covers any toy that is, includes or contains sand, including sand sealed inside. It also covers decorative, craft or artistic goods that are sand or contain accessible sand, meaning sand handled during ordinary use. Sand includes processed sand-like mineral granules.
The only express exclusion is naturally formed sand for sandpits, playgrounds or other recreational areas. No exemptions are stated for existing stock, second-hand supply, low sand content or particular asbestos concentrations.
For every product and variant, sand from at least three separate units would be tested. Variants include composition, colour, size or another characteristic affecting the sand's source or nature. No separate per-batch rule or detailed sampling protocol is proposed.
Testing must use transmission electron microscopy or scanning electron microscopy with energy-dispersive X-ray analysis under ISO 22262-2:2026. Laboratories must be accredited to ISO/IEC 17025 by an International Laboratory Accreditation Cooperation Mutual Recognition Arrangement signatory, with the method in scope. The required result is no asbestos detected, with no numerical trace limit proposed.
Evidence, Enforcement And Timing
Evidence must identify the product or variant and laboratory, specify the method and standard, give the testing date and show no asbestos detected. It must be dated no more than 12 months before importation or New Zealand manufacture. No retention period is specified.
If issued, non-compliant goods would be unsafe under the Fair Trading Act 1986. Existing law would prohibit supply, offers, advertising and import. Commerce Commission and Customs powers would apply, with current maximum fines of NZ$200,000 for an individual and NZ$600,000 for a body corporate.
The notice would commence three months after Gazette publication. No fixed publication, expiry or formal review date appears. The discussion document describes an interim measure, making its illustrative 20 January 2027 date non-binding.
What Businesses Should Do
Importers and suppliers should map products by variant, identify qualifying laboratories and check certificates. Contracts should allocate retesting after source or composition changes.
The analytical insight is that product variation, not supplier or batch identity, drives sampling. Colour or size changes could create separate testing populations. Related Foresight analysis covers EU chemical controls for toys, the US asbestos Part 2 consultation and expert input into that evaluation.
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