Legislative Council: Wednesday, April 06, 2011

Contents

PHOSPHATE-FREE LAUNDRY DETERGENTS

The Hon. T.A. FRANKS (15:11): I seek leave to make a brief explanation before asking the Minister for Consumer Affairs a question about phosphate-free laundry detergents.

Leave granted.

The Hon. T.A. FRANKS: Phosphates are one of major active ingredients in laundry detergents in Australia. They are also a major contributor to blue-green algal blooms in Australian waterways. Other sources, of course, include run-off from agricultural lands and human waste. Laundry detergents, while not the only source of phosphates, are one of the easiest sources on which to take action.

It is scientifically accepted now that excessive phosphates cause algal blooms, and they are a significant problem that has serious consequences environmentally. These include killing fish and other riverine and marine species, killing livestock, devastating tourism and, of course, potentially lethally impacting human health as well. In 1991, nearly 1,000 kilometres of the Barwon-Darling River was affected by a huge algal bloom.

In the late 1960s, over 10,000 lakes were affected in the USA by excessive nutrient enrichment. The resultant public awareness there and consumer pressure led to over 16 states banning phosphates from laundry detergent. Seeing the writing on the wall, US detergent companies agreed to voluntarily phase out phosphates from their laundry detergent. Now over 300 million Americans use phosphate-free laundry detergents, and their clothes have never been cleaner. Elsewhere in the world, Germany, Italy, Austria, the Czech Republic and other Europeans have already acted to ban or limit phosphates, and an EU-wide ban is set to come into force from 1 January 2013. My questions are:

1. Does the minister acknowledge that the problems caused by laundry detergents containing phosphates are serious and contribute significantly towards eutrophication of our waterways?

2. Is the minister aware of the move by Eastern States' supermarket chain Aldi to voluntary phase out by 2013 phosphate detergents it sells? Also, is the minister aware of the calls from the environmental group Do something! (founded by Planet Ark's Jon Dee) for other major chains to follow suit?

3. Given that Aldi has no presence here in SA, so we will not see the benefits of that decision, what actions does the SA government have in mind to ensure that South Australian consumers can get information about the most eco-friendly options to get their clothes clean without contributing to polluting our waterways and our natural environment?

The Hon. G.E. GAGO (Minister for Regional Development, Minister for Public Sector Management, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises) (15:14): I thank the honourable member for her most important questions. In relation to the issue the honourable member has raised in terms of the impact of phosphate on our environment, it is the responsibility of the Minister for Environment and Conservation to manage or regulate products that are harmful to the environment: it does not come under the purview of consumer affairs. I have responsibility for the area of product safety. I have powers to recall unsafe products that are noncompliant with product safety legislation, but this would not capture a product such as this, where the main impact is on the environment.

In terms of the safety issues, my responsibility relates to unsafe consumer products where consumers may suffer serious injury from a product and, where they do, the supplier can then be liable. They could suffer injury and then the manufacturer could be liable under the product safety liability provisions of the Australian Consumer Law. There is a range of provisions that can require products to be recalled or they can be voluntarily recalled but, as I said, that ACL legislation would not capture products such as this. I imagine that it would be a matter really for consideration by the EPA in particular and the Minister for Environment generally. So, I am happy to refer those questions to the Minister for Environment and Conservation in another place and bring back a response.