REGULATORY NEWS FOR THE WEEK OF AUGUST 21, 2023

• Section 71 CMP 2023 Information Session

The Government of Canada published the Notice with respect to certain substances under the Chemicals Management Plan (CMP) ─ 2023 on June 24, 2023, in the Canada Gazette, Part I, pursuant to Section 71 of the Canadian Environmental Protection Act, 1999. You are invited to attend the following information session in English. Please note that this session is non-interactive (view only).  Section 71 CMP notice English information session on August 30, 2023, at 1:30 PM ET – info below:

   Microsoft Teams meeting

Join on your computer, mobile app or room device

Click here to join the meeting

Meeting ID: 267 252 895 742

Passcode: UhTuDW

We will attend the session and issue a report in our September 4^th Regulatory Newsletter and via our social media platforms.

• Interesting and far-reaching decision by a judge regarding Health Canada and its product review process

(MJBizDaily) Canadian court hands Organigram partial win in ‘edible’ cannabis dispute. Health Canada breached its duty of procedural fairness when it decided that licensed producer Organigram Holdings’ lozenges should be classified as “edible” cannabis rather than extracts, a federal justice said in granting the company’s application for judicial review. It was the first time a licensed producer applied for a judicial review of a decision made by Canada’s federal government.

• CVSA’s Brake Safety Week Is Underway

August 20^th launched the first day of the Commercial Vehicle Safety Alliance’s (CVSA) weeklong brake safety inspection, education and enforcement initiative. Commercial motor vehicle inspectors in Canada, Mexico and the U.S. will conduct inspections of commercial motor vehicles and provide brake-related inspection and violation data to CVSA. The Alliance will gather and analyze that data and release the results later this year.

• 2023 New or Revised ACGIH Threshold Limit Values and B.C. Exposure Limits

The Occupational Health and Safety Regulation provides that, except as otherwise determined by WorkSafeBC, an employer must ensure no worker is exposed to a substance exceeding the Threshold Limit Values (TLVs) prescribed by the American Conference of Governmental Industrial Hygienists (ACGIH). All B.C. ELs can be found in the updated Table of Exposure Limits for Chemical and Biological Substances.

• Ontario launches new consultation on Heat Stress Regulation

The Ministry of Labour, Immigration, Training and Skills Development (MLITSD) is conducting a Regulatory Impact Analysis (RIA) of these proposed amendments. An RIA is a process of identifying and assessing the potential benefits and costs of proposed regulations. As part of this consultation, MLITSD is seeking your comments and feedback pertaining to the anticipated costs and benefits of implementing these proposed amendments.

• Ontario transport company fined $140,000 after workplace fatality

A worker was fatally injured when they were caught between a reversing truck and a trailer. Vitran Express Canada Inc. failed to ensure that a truck tractor provided had a functional back up alarm or back up lights, contrary to the Occupational Health and Safety Act.

• Nova Scotia seeks input on waste reduction strategies

The Province wants to hear from Nova Scotians on ways they can cut down on waste sent to landfills. The online public consultation process launched today, August 17, and runs to September 29. It gives residents, businesses, communities and organizations across Nova Scotia an opportunity to provide their ideas on how to reduce solid waste. Input will be used to shape the solid waste reduction plan.

• CSB Calls on Chemical Companies to Prepare for Harsh Hurricane Season

Following the National Oceanic and Atmospheric Administration’s (NOAA) recent outlook predicting “above average” activity for the remainder of the 2023 Atlantic hurricane season., the U.S. Chemical Safety and Hazard Investigation Board (CSB) is urging the chemical industry to act now to prepare for potentially more frequent and more powerful hurricanes and other extreme wind events in the months ahead.

• FDA issues final guidance on informed consent

The U.S. Food and Drug Administration (FDA) issued the final guidance, “Informed Consent: Guidance for IRBs, Clinical Investigators, and Sponsors.” This guidance is intended to assist institutional review boards (IRBs), clinical investigators and sponsors involved in clinical investigations of FDA-regulated products in carrying out their responsibilities related to informed consent.

• FDA seeks input on Pasteurized Orange Juice Food Standards of Identity Modernization

The Food and Drug Administration (FDA) is announcing that the Florida Citrus Processors Association (FCPA) and Florida Citrus Mutual (FCM) have filed a citizen petition requesting that the FDA amend the standard of identity (SOI) for pasteurized orange juice (POJ) by adjusting the minimum soluble solids content from 10.5[deg] to 10[deg] Brix. The FDA is issuing this document to request comments, data, and information about the issues presented in the petition. DATES: Submit either electronic or written comments and scientific data and information by October 16, 2023.

• Providing Over-the-Counter Monograph Submissions in Electronic Format

The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft guidance for industry entitled “Providing Over-the-Counter Monograph Submissions in Electronic Format.” This guidance provides information on providing electronic submissions to FDA under the Federal Food, Drug, and Cosmetic Act (FD&C Act).

• EPA updates TSCA Inventory

The Environmental Protection Agency (EPA) has announced that the latest Toxic Substances Control Act (TSCA) Chemical Substance Inventory is now available on EPA’s website. This update to the public TSCA Inventory is part of EPA’s biannual posting of non-confidential Inventory data. The next regular update of the TSCA Inventory is planned for winter 2024.

• EPA Issues Next Test Order Under National Testing Strategy for PFAS Used in Chemical Manufacturing

The U.S. Environmental Protection Agency (EPA) issued the third Toxic Substances Control Act (TSCA) test order requiring testing on per- and polyfluoroalkyl substances (PFAS) under EPA’s National PFAS Testing Strategy, the latest action taken under EPA’s PFAS Strategic Roadmap to confront contamination from forever chemicals nationwide.

• FAST Act Requirements for Real-Time Train Consist Information comment period extended

On June 27, 2023, PHMSA published a notice of proposed rulemaking, titled “Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information (HM-263),” proposing amendments to the Hazardous Materials Regulations to require all railroads to generate in electronic form, maintain, and provide to first responders, emergency response officials, and law enforcement personnel, certain information regarding hazardous materials in rail transportation to enhance emergency response and investigative efforts. In response to a request for an extension of the comment period submitted by the American Short Line and Regional Railroad Association (ASLRRA), PHMSA is extending the comment period for the HM-263 notice by an additional 60 days. Comments to the HM-263 notice will now be due by October 27, 2023.

• Hazardous Materials: Frequently Asked Questions-Incident Reporting

This notice contains the second set of Frequently Asked Questions (FAQ). Interested persons are invited to submit comments on or before September 18, 2023. Comments received after that date will be considered to the extent practicable. Part III contains the FAQ.

• California Zero-Emission Forklift Rulemaking Schedule Update

This notice provides an update regarding timing for the California Air Resources Board’s (CARB or Board) Proposed Zero-Emission Forklift Regulation (Proposed Regulation). CARB staff plans to release the Public Hearing Notice and related material in October 2023, which would initiate the 45-day public comment period.

• California publishes Final Regulatory Text for nail products containing toluene

On July 26th, 2023, the Office of Administrative Law approved DTSC’s amendment to the regulation listing Nail Products Containing Toluene as a Priority Product. The amendment, initiated by DTSC on January 20, 2023, establishes the requirements that a manufacturer must meet to demonstrate and certify that the concentration of toluene in a Priority Product they make does not exceed the Alternatives Analysis Threshold of 100 parts per million (ppm). This regulation became effective on July 26th, 2023. Any Alternative Analysis Threshold Notifications submitted after July 26, 2023, must comply with the method performance criteria.

• Main alternatives to harmful substances subject to REACH authorisation

To support substitution towards safer chemicals, the European Chemicals Agency (ECHA) has published information on main alternatives to substances requiring authorisation under REACH (Annex XIV). The information has been extracted from companies’ applications for authorisation and is downloadable as an Excel table.

• Europe adopts restrictions on formaldehyde in consumer products

The new rules establish an emission limit of 0.062 mg/m3 of formaldehyde into indoor air for the largest contributors, such as wood-based articles and furniture and to the interior of road vehicles. A limit of 0.08 mg/m3 will apply to all other articles such as textile, leather, plastic, construction materials or electronic products.

• New task for ECHA to make batteries safer

With the modernisation of the EU’s regulatory framework for batteries, the European Chemicals Agency (ECHA) has received new tasks to support the European Commission. The Agency will assist in the development of a Commission report into substances of concern found in batteries or used in their manufacturing, that have negative impacts on human health, the environment or recycling for safe and high-quality raw materials.

Safety Share

• Do’s and dont’s of propane-powered grilling

Don’t expose your cylinder to extreme heat. Follow @PrimemaxEnergey for more grilling safety tips!

Have an event you would like to share? Please send details to [email protected].

• EPA Announces New Webinar Series on the Use of NAMs to Reduce Animal Testing

The first webinar in the series will take place on August 23, 2023, from 11 a.m.-12 p.m. EDT.

• Asian Chemicals Forum – September 5-6, 2023 – New Delhi, India

Asian Chemicals Forum (ACF) will cover a wide range of topics related to safe chemical management.

• European Association Chemical Distributors Annual Congress – September 11-13, 2023 – Barcelona, Spain

“Diving into the future“ is the future-oriented motto of this year’s Annual Congress of Fecc (= the European Association of Chemical Distributors), which will return to beautiful Sitges/Barcelone from Monday, 11 September 2023 afternoon to Wednesday, 13 September afternoon.

• 24th World Petroleum Congress 17-21 September 2023 I Calgary, Canada

Explore how innovative technologies are shaping the energy transition across upstream, midstream, and downstream sectors. Join industry leaders for insights into accessible, affordable, and sustainable energy solutions.

• The CCOHS Forum is Back -September 26-27, 2023 – Halifax, NS

There is no other health and safety event like this in Canada. Make a plan to join us for this two-day national event that will bring together leaders, change makers, and subject experts representing government, labour, and workplaces, to share their knowledge and experience around current and emerging health and safety issues.

• World Food Forum – October 16 – 20, 2023 – Rome, Italy

The World Food Forum officially unveiled its theme for 2023: “Agrifood systems transformation accelerates climate action” and launched its activities for the year culminating in a series of global events, competitions  and actions taking place from 16-20 October at the Rome headquarters of the Food and Agriculture Organization of the United Nations (FAO).

• International Baking Association –  October 22-26, 2023 – Munich, Germany

The International Baking Association (IBA) trade fair, a leading trade fair for the baking and confectionery industry set for Oct. 22-26 in Munich, will feature an area focused on innovative start-up businesses.

• ECHA Conference 2024 – February 28, 2024 – Helsinki, Finland

The next European Chemicals Agency (ECHA) Conference will take place on 28 February 2024 in Helsinki. As we are preparing the programme, we want to hear what would be the most important topics for you. So, fill in our short survey and help us shape a relevant and inspiring stakeholder event.