June 2017

No Regulatory Slowdown for U.S. & Canada

By Mae Hrycak, Director of Regulatgory Affairs, Nexreg Compliance Inc.

Despite the improving weather, there is no sign of a regulatory slowdown in Canada, with a number of items worth watching out for. As well, aerosol companies on both sides of the border are starting to prepare for the big changes coming to California’s Prop 65 rules.
Canada’s GHS deadline quickly approaching
Manufacturers and importers in Canada had until June 1, 2017 to make their Safety Data Sheets (SDS) and workplace labels compliant with Canada’s Globally Harmonized System of Classification & Labeling of Chemicals (GHS)-based Workplace Hazardous Materials
Information System (WHMIS) 2015 regulations. Note that there are significant differences between WHMIS 2015 and the U.S. GHS based Hazcom 2012 rules, so companies selling to Canada must ensure their materials are Canadian compliant. Finally, remember
that Canada still uses The Consumer Chemicals & Containers Regulation 2001 (CCCR, 2001) labeling rules for consumer products, so companies need to ensure that if they are selling products to Canadian consumers, they are following the CCCR regulations.
Proposed changes to Canadian Transportation
of Dangerous Goods (TDG) rules On Nov. 26, 2016, the government of Canada released a proposed Regulations Amending the Transportation of Dangerous Goods Regulations.
The goal of these regulations is to harmonize the TDG rules with the 19th edition of the UN regulations, as well as to ensure consistency with The International Civil Aviation Organization (ICAO), International Maritime Dangerous Goods Code (IMDG) and the U.S.
Code of Federal Regulations Title 49 (49 CFR). The rule changes are rather comprehensive, including new exemptions, two new alternative shipping names, updated definitions and more. This one is worth watching, although it is unknown at this time if and when the proposal will come into force and if there will be any amendments between the proposed and final version of the regulation.
Deadline approaching for Canada’s chemical inventory
In January, the government of Canada issued a notice under section 71 of the Canadian Environmental Protection Act, 1999 (CEPA 1999), with the intent of collecting information on 1430 chemicals and polymers, along with setting priorities for risk assessment and
management programs. Companies have until July 17, 2017 to send the proper notices through Canada’s online reporting system, though they may apply for an extension through a written request. The 1,430 reportable substances are broken into four different
tranches (called “parts”), each of which have different reporting requirements. For instance, Part 1 includes 219 different substances, including carbon disulfide (75-15-0), cyclohexane (110-82-7), pentanediol (111-30-8) and rhodium (7440-16-1). For Part 1 (and Part 2) substances, importers have a legal obligation to report to the federal government, unless they imported a total quantity of less than 100kg (220lbs) of a substance, whether
the substance is alone or at a concentration of greater than or equal to 0.1% by weight in a mixture or product. Part 3 and Part 4 have a similar set of criteria and exemptions but are applicable to specific product types. We recommend that companies closely examine the list of 1,430 reportable substances to see if there are any they are selling into Canada. There is a guidance document to help companies determine if they are subject to the notice and provides assistance with completing sections of the notice. As well, the government of Canada is encouraging persons who do not meet the reporting requirement
of the Notice, but who have a past, current or future interest in substance covered by the notice to identify themselves as a stakeholder by submitting a voluntary Declaration of Stakeholder Interest. Given that the July 17 deadline is rapidly approaching, companies
need to address this quickly; if they cannot meet the deadline, it is important that they file for an exemption.
Big Changes coming to Prop 65
Some big changes are coming to California’s Proposition 65 in 2018 that will affect many companies in the aerosol industry. On Jan. 16, 2014, the Office of Environmental Health Hazard Assessment (OEHHA) released a proposed amendment that would significantly
alter the required warnings listed for products that contain a Prop 65 chemical. These regulations were approved on Aug. 30, 2016 and go into force following Aug. 30, 2018. According to an initial statement from the OEHHA, “[t]he regulatory amendments provide
more clarity to the warning requirements and more specificity regarding the minimum elements for providing a ‘clear and reasonable’ warning for exposures that occur from a consumer product, including foods and exposures that occur in occupational or environmental settings”. The changes will not become effective until 2018, but a company may, if it so chooses, provide a warning label that complies with the changes before the effective date. These amendments to the Prop 65 regulations were made
in response to a number of attorneys targeting small businesses that were in violation of Prop 65 warnings, in hopes of reaching a quick settlement. Under the current system, minor violations such as an obstructed sign or incorrect size of a sign have resulted
in hefty fines for these small businesses. In response, the new Prop 65 warning specifies the minimum requirements for the content and method for providing the warning, to provide clarity to those small businesses.

According to the OEHHA, these labels must include the following:
• A symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline.
• The signal word “WARNING” in bold capital letters
• The statement “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm.

For more information go to www.P65Warnings.ca.gov.” (Note: If your product only includes chemicals that lead to cancer, than you can remove “birth defects or other reproductive harm” and vice versa.) These only scratch the surface on the changes, so if your company sells into California you will need to become familiar with the new
rules. As always, we will be watching these regulations closely and will
inform you of any major changes or revisions. SPRAY