Revised Guidance Document for New Substances Notification Regulations for Chemicals and Polymers
This new document replaces the 2005 Guideline and has been prepared to assist notifiers responsible for complying with the New Substances Notification Regulations (Chemicals and Polymers) (the Regulations) of the Canadian Environmental Protection Act, 1999 (the Act).
The Guidance Document is meant to help notifiers determine whether a substance is subject to notification under the Regulations and identify the information requirements.
A significant change that will have immediate impact is the interpretation of manufactured item, as manufactured items are exempt from the Canadian Environmental Protection Act (CEPA) and New Substances Notification Regulations.
A manufactured item is defined under CEPA as “any manufactured item that is formed into a specific physical shape or design during manufacture and has, for its final use, a function or functions dependent in whole or in part on its shape or design.”
Historically, this was interpreted by ECCC to include finished products. This includes items like pens, printer cartridges, dryer sheets and the substances used in those items.
However, under the new guidelines the interpretation of a manufactured item does not extend to substances that are intended to be released as a function of manufactured item. For example, the dyes or pigments released from a pen, marker or printer cartridge, or fragrances or solvents released from an air freshener, dryer sheet or lipstick.
This change of interpretation has the potential to put substances previously considered exempt from CEPA under the manufactured item exemption into immediate non-compliance with the requirements of the New Substances Notification Regulations.
How can TSG help?
Not sure what this means for your company’s products? Need help determining the status of your product under CEPA and the New Substance Notification Regulations? TSG’s Canadian expert, Joe McCarthy, can help you to ensure your products are compliant with the new regulations. Get in touch with us: [email protected]