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Spray Decemberr 2016

Dr. Mike Moffatt, Ph.D. Director of Communications, Nexreg Compliance Inc. Regulatory International Influences International Regulatory Resources WHMIS deadlines, CEPA changes, public recalls and more… The recent Southern Aerosol Technical Association meeting was bittersweet for all of us at Nexreg. While we enjoyed revisiting our friends and colleagues, it was not the same without Doug Fratz in attendance. He is greatly missed by the Nexreg family. WHMIS 2015 deadline rapidly approaching Importers into Canada must have their Safety Data Sheets and (workplace) product labels fully Workplace Hazardous Materials Information System 2015 (WHMIS) compliant by the end of May 2017. To help ease the transition, the Canadian government recently released a supplier requirements guidance document. The most useful part of the guidance document is the series of orange boxes which highlight “variances” between WHMIS 2015 and the U.S. Hazcom 2012 system. The guide is a must review for that alone, as many companies are using their Hazcom 2012 documents as a starting point in achieving Canadian compliance. It can be downloaded at: http://tinyurl.com/whmis2015a A second guidance document focused on physical and health hazard classification will be released later in the year. Changes to CEPA On Oct. 1, nine changes to the Canadian Environmental Protection Act (CEPA) were posted in the Canada Gazette. Of particular interest to the aerosol industry are changes to the volatile organic compound (VOC) concentration limits regulations for automotive refinishing products and for architectural coatings. These edits to the regulation are housekeeping in nature and appear trivial, however occasionally small changes can have large unintended consequences. I would suggest reviewing the changes, which are available at the following link: http://tinyurl.com/cepachanges Significant reforms to Canadian self-care products regulations Canada is contemplating some significant changes to how selfcare products are regulated. Currently, the regulations break products down into three types: cosmetics, natural health products and non-prescription drugs, depending on the characteristics of the claims being made on the product. The difficulty is, these categories are not mutually exclusive. Toothpaste, for instance, could simultaneously be considered a natural health product, non-prescription drug or a cosmetic. The proposed reform for this system is to eliminate the product types entirely and replace them with a system classifying products based on their risk. Health Canada is proposing three trenches of classification: lower risk, moderate risk and higher risk, each of which would have different rules and requirements. Companies had until Oct. 24 to submit their comments on the proposed changes. This one is worth watching, as it will significantly alter the regulatory requirements for certain products coming into Canada. Health Canada assesses a $20,000 fine for Non-Compliance Earlier this year, Health Canada assessed a CAD$20,000 fine under the Canada Consumer Product Safety Act, which governs the Consumer Chemicals & Containers Regulations, 2001 (CCCR, 2001) consumer chemical labeling regulations. The fine was for failing to provide Health Canada with a full customer list for an orange oil product that had been recalled. This episode illustrates the importance of keeping detailed records and making them easily and quickly accessible should Health Canada require information. Public recalls of aerosols continue in Canada On June 30, Health Canada issued a full public recall for three aerosol primer products due to flame projections that exceed the limit under CCCR, 2001. Over the past few years, aerosols, along with orange oil products and reed diffusers, have experienced high levels of public recalls from Canada. It is particularly important to ensure that if your products are being sold to even a single consumer in Canada, that they be CCCR, 2001 compliant. There are no special provisions to allow the sale of mostly workplace products to a few consumers; if your product is sold to even a single consumer, it must be compliant with the CCCR, 2001 regulations. This poses challenges for U.S. companies, as they often are unaware who their distributors are 24 Spray December 2016


Spray Decemberr 2016
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