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SAFEGUARDS | Consumer Products NO. 068/17

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On January 14, 2017, the Government of Canada announced publication of a Notice under Section 71 of the Canadian Environmental Protection Act, 1999 (CEPA, 1999) for approximately 1500 substances included as part of the 2017 Inventory Update (IU). The Notice requires a mandatory survey to capture information on the commercial status of substances, downstream use and yearly market fluctuations.

The 2017 Inventory Update (IU) [1] identifies 1500 substances manufactured or imported into Canada between 2014 and 2015. The Notice [2] applies to all manufacturers or importers who have imported more than 100 kg of any of the listed substances, either alone or at a concentration of greater than 0.1% in a mixture or a product in 2014 or 2015. The required information must be submitted using the online reporting system available through Environment and Climate Change Canada’s Single Window no later than July 17, 2017. Companies that meet the reporting qualifications will be  required to submit the chemical identity information including the CAS no., quantity, applicable substance function codes, applicable consumer and commercial codes etc. and each applicable six-digit North American Industry Classification System (NAICS) code.

The Canadian Environmental Protection Act (CEPA) provides for the assessment and management of substances that can enter into the Canadian environment. It ensures the protection of the environment and the health of Canadians from exposure to toxic substances. Under the CEPA, the Chemicals Management Plan (CMP) systematically evaluates existing substances found on the Domestic Substance List (DSL) that were categorized for further review. The information gathered from this Notice will provide the Government of Canada with updated information on the commercial status of listed substances to inform priority setting, risk assessment and risk management programs at Environment and Climate Change Canada (ECCC) and Health Canada (HC).

The proposed list of substances released in 2017 covers Phase 3 of the DSL Inventory Update. As for previous phases, Phase 3 will continue to assist in updating the commercial status of substances of interest in Canada but with further expansion to the scope. This phase no longer deals solely with substances on the DSL, but also considers emerging science as well as evolving domestic and international programs, in order to ensure future priorities are reflective of Canada’s dynamic market.

Schedule 1 of the Notice is the list of substances subject to information gathering and consists of four parts. Schedule 2 provides details for “persons required to provide information” whilst Schedule 3 defines “manufacture”, “manufactured item”, “mixture”, and “product” as well as the information reporting requirements.

For each substance listed in Schedule 1 that a person manufactured or imported alone, in a mixture, in a product or in a manufactured item during either the 2014 or 2015 calendar year, and which meet the reporting criteria set out in Schedule 2 are obligated to respond to the 2017 Inventory Update survey.

Among the reporting criteria included, substances listed in Part 3 of Schedule 1 and at a concentration equal to or above 0.1% by weight (w/w%) in the following 10 categories of manufactured items are required to provide information:

Categories of reportable manufactured items Examples of manufactured items
Intended to be used by children under the age of 6 years

Reportable: Foam play mats; pacifiers; toys for babies and toddlers; board books
NOT reportable: Toys and furniture intended for children over the age of 6 years

Intended to come into contact with the mucosa of an individual, other than eyes Reportable: Cotton-tipped applicators; mouth guards; dentures; orthodontic equipment (e.g. braces); hearing aids; nasal sprays; thermometers; tissue; tampons and condoms
NOT reportable: Contact lenses
Cookware, or cooking or serving utensils that is intended to come into direct contact with heated food within a residence, unless the component that comes into direct contact with heated food is made of glass, stainless steel or porcelain Reportable:Copper, cast iron or aluminum pots and pans; woks; griddles; serving soup ladles; plates; bowls; plastic cutlery
NOT reportable: Stainless steel pots and pans; stainless steel cutlery and spatulas; porcelain serving dishes; glass kettles
Food packaging that is intended to come into direct contact with food, unless the component that comes into direct contact with food is made of glass, stainless steel or porcelain Reportable: Plastic containers; plastic bottles such as disposable water bottles; cans; plastic, wax and aluminum food wrap; cereal liner bags; coating on metal cans and lids of jars
NOT reportable: Glass jars; stainless steel canisters
Reusable food or beverage containers, unless the component that comes into direct contact with the food or beverage is made of glass, stainless steel or porcelain Reportable: Reusable water bottles; travel mugs; reusable food storage plastic containers and lids
NOT reportable: Stainless steel containers; glass water jugs; glass food storage containers
Items intended to release the substance during conditions of use such that the substance may be inhaled or come into dermal contact with an individual Reportable: Scented paper items; air fresheners, scented candles; scented markers; dryer sheets; cleaning wipes ; lipstick; ink cartridges
Clothing and footwear Reportable: Shirts; pants; outerwear (e.g. coats, gloves, hats); undergarments (e.g. underwear or boxer shorts); sleepwear ( e.g. pajamas); socks; shoes; boots; slippers; sporting gear (e.g. skates, helmets, shin pads and hockey/baseball gloves)
NOT reportable: Watches and jewelry; wallets; handbags; backpacks; protective clothing used in an occupational setting
Bedding, sleeping bags and towels Reportable: Sheets; pillow cases; blankets; sleeping bags; bathroom and kitchen towels; mattress protector
NOT reportable:Tents
Furniture, mattresses, cushions or pillows intended to be used in a residence, where the substance is contained in foam, leather or in a textile fibre, yarn or fabric

Reportable: Mattresses including foam mattresses; pillows; cushions; chairs, sofas; mattress pads
NOT reportable: Lamps; televisions; dentist chairs; surgical tables; hospital beds; desks; cabinets; book cases; automobile and airplane seats

Carpets, rugs and types of flooring (including foam underlays) intended to be used in a residence Reportable: Carpets and rugs; laminate and vinyl flooring; engineered hardwood, bamboo, and cork wood flooring; stone floorings (i.e. slate and marble); porcelain stoneware; ceramic tiles
NOT reportable: Floorings in office buildings, hospital, medical or sports facilities

Below are some toxic substances extracted from the DSL Schedule 1 Part 3 [3] as examples that are required to be reported:

Type of Substances Name of Substance (CAS #)
Pigments C.I. Pigment Yellow 41 (CAS # 8012-00-8)
C.I. Pigment Green 50 (CAS # 68186-85-6)
C.I. Pigment Brown 24 (CAS # 68186-90-3)
C.I. Pigment Brown 34 (CAS # 68187-10-0)
C.I. Pigment Black 30 (CAS # 71631-15-7)
Solvents N,N-Dimethylformamide (CAS #68-12-2)
1,2-Dimethylbenzene (o-Xylene) (CAS # 95-47-6)
Methylcyclohexane (CAS #108-87-2)
Phenol (CAS #108-95-2)
Pyridine (CAS #110-86-1)
Plasticizer / Phthalates 1,2,3-Propanetricarboxylic acid, 2-(acetyloxy)-, tributyl ester (Acetyltributylcitrate) (CAS # 77-90-7)
1,4-Benzenedicarboxylic acid, dimethyl ester (Dimethyl Terephthalate) (CAS #120-61-6)
1,2-Benzenedicarboxylic acid, di-2-propenyl ester (Diallyl phthalate) (CAS #131-17-9)
1,4-Benzenedicarboxylic acid, 1,4-dibutyl ester (Dibutyl Terephthalate) (CAS #1962-75-0)
1,4-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester (Dioctyl Terephthalate) (CAS #6422-86-2)
1,2-Benzenedicarboxylic acid, bis(2-propylheptyl) ester (Bis(2-propylheptyl) phthalate) (CAS #53306-54-0)
1,2-Benzenedicarboxylic acid, dihexyl ester, branched and linear (Dihexyl phthalate) (CAS #68515-50-4)
1,2-Benzenedicarboxylic acid, di-C6-10-alkyl esters (Di-C6-10-alkyl phthalates) (CAS #68515-51-5)
Flame Retardant Synergist Antimony oxide (Sb2O3) (CAS # 1309-64-4)
Monomer 2-Propenoic acid, 2-methyl-, methyl ester (Methyl methacrylate (MMA)) (CAS #80-62-6)
2-Propenoic acid, 2-methyl-, oxiranylmethyl ester (Glycidyl methacrylate (GMA)) (CAS #106-91-2)
2-Propenoic acid, 2-methyl-, 2-hydroxyethyl ester (Hydroxyethylmethacrylate (HEMA)) (CAS #868-77-9)
2-Propenoic acid, 2-ethyl-2-[[(1-oxo-2-propenyl)oxy]methyl]-1,3-propanediyl ester (Trimethylolpropane triacrylate (TMPTA)) (CAS #15625-89-5)

The full text of the Notice in addition to a complete listing of the substances and information requirements can be found in the respective issue of the Canada Gazette [4].

Reference:

Guidance for responding to the Notice with respect to substances included as part of the 2017 Inventory Update (the Notice) [5]

Throughout our global network of laboratories, we are able to provide a range of services, including analytical testing and consultancy for flame retardants in consumer products for the US and international markets. Please do not hesitate to contact us for further information.

For enquiries, please contact:

Louann Spirito
Director Technical Support, Softlines
t: +1 973 461 7919

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