Regulatory
REGULATORY NEWS FOR THE WEEK OF FEBRUARY 6, 2023
A question we receive quite often is why should I test my product when I’m following what my competitors say and do? This is an excellent question, and the answer will be yes you need to test, even for simple issues like net weight declared on a label – some form of confirmatory testing will always be recommended. What really matters, however, is the regulatory framework that must be followed based on your products and who uses them. Some testing is mandatory, while others are recommended. To ascertain what the requirements are we ask a few simple questions: We’ve had 3 situations over the past 2 years in which a pH with acid/alkali reserve test was needed to determine if each of the products were to be classified as corrosive, an irritant or neither. In two of the three cases the test reduced the classification from corrosive to irritant and the third determined that the test result suggested that there is no corrosivity or irritation expected. In all three situations there was reluctance to invest in the testing cost and in two of the three the supplier was copying a competitor who stated that the products were “not toxic or harmful”. Testing will become further complicated as Canada’s Health Minister has been directed to introduce legislation that prohibits animal testing which has been introduced within Bill S-5 currently at consideration in committee in the House of Commons. The expectation is that whatever is stated on a product label is supported by credible scientific data. Health Canada’s Food Directorate completed a premarket safety assessment of a food additive submission seeking authorization for the use of erythritol in granola and other ready-to-eat (RTE) breakfast cereals and coatings for RTE breakfast cereals. It is concluded that these substances do not meet any of the criteria set out in section 64 of CEPA. Health Canada would like to inform you that the Canadian General Standards Board (CGSB) published revised National Standards of Canada for:- CAN/CGSB-4.2 No. 27.5, Flame resistance – 45° angle test – One second flame impingement; and – CAN/CGSB-4.2 No. 27.7, Combustion resistance of mattresses – Cigarette test. The following substances have been added to the DSL: 128446-60-6 245678-22-2 1462343-28-7 2180952-57-0 2682937-26-2 The objective of this Code of Practice (Code) is to identify and promote best practices in the management and handling of chemical substances in the manufacturing and distribution of chemicals, plastics, and rubber products in order to prevent releases of these substances into the environment. Health Canada’s Pest Management Regulatory Agency consults with the public on all proposed major registration decisions, including new registrations, major new uses of a pesticide, re-evaluations and special reviews.
As previously announced by the Government of Alberta, a number of upcoming changes to the Occupational Health and Safety Code (OHS Code) will be taking effect on March 31, 2023. The consultation phase gives stakeholders an opportunity to provide feedback before the proposed amendments are taken to public hearing. All stakeholder feedback is carefully considered and analyzed, and provided to WorkSafeBC’s Board of Directors as part of their decision-making process. Please watch for the launch of Manitoba’s new Training Portal in the second quarter of 2023! This portal will provide employers and workers with the opportunity to search and register for safety and health training offered by a community of trusted training providers. Upon launch, two types of training will be accessible on the portal: SAFE Work Endorsed Training and General Training. The plan, the first of its kind in Canada, sets a foundation for emergency management in Ontario and builds on lessons learned from past emergencies including the COVID-19 pandemic, which represented the single largest provincial emergency in decades. Québec has amended its hours of driving for commercial vehicles including use of electronic logging devices. EPA’s Office of Pesticide and Pollution Prevention (OCSPP) announced the release of a draft White Paper Availability of New Approach Methodologies (NAMs) in the Endocrine Disruptor Screening Program (EDSP) for public comment via the Federal Register. The paper describes validated NAMs that could be used as alternatives for certain EDSP tests. Under this plan, the functions of the Center for Food Safety and Applied Nutrition (CFSAN), Office of Food Policy and Response (OFPR), as well as certain functions of ORA will be unified into a newly envisioned organization called the Human Foods Program. The California Air Resources Board (CARB) is making available preliminary updates to the draft regulation language for the Advanced Clean Fleets regulation to be discussed at the workshop scheduled for February 13, 2023. The Federal Motor Carrier Safety Administration (FMCSA) has removed ELD ONE from the list of registered Electronic Logging Devices (ELD). FMCSA has placed ELD ONE on the Revoked Devices list due to the company’s failure to meet the minimum requirements established in 49 CFR part 395, subpart B, appendix A, effective January 31, 2023. The Chemical Safety Board (CSB) urges the Environmental Protection Agency (EPA) to retain the initiative: Reducing Risks of Accidental Releases at Industrial and Chemical Facilities for the FY 2024 cycle, and in particular, to prioritize inspections of fluid catalytic cracking (FCC) units in refineries that operate highly toxic hydrofluoric acid (HF) alkylation units. The Ministry of Health and Family Welfare and the Food Safety and Standards Authority of India (FSSAI) announced in October 2022 that on February 1, 2023, new registration requirements will go into effect for foreign food manufacturing facilities intending to export the following products to India: milk and milk products; meat and meat products including poultry, fish, and their products; egg powder; infant food; and nutraceuticals. FSSAI formally notified the World Trade Organization of the new requirements in November 2022. The European Chemicals Agency (ECHA) has released its programming document for 2023-2026. It includes our Work Programme for 2023, which details our planned activities and objectives, as well as the resources for the year. It also provides a multiannual outlook for ECHA’s main activities until 2026. The European Chemicals Agency (ECHA) has released an updated appendix for nanomaterials, which provides guidance on how to obtain data under the new information requirements for nanoforms. This includes information on how to perform environmental testing and advice on preparation methods and testing strategies for physico-chemical testing of nanoforms. The European Commission has asked the European Chemicals Agency (ECHA) to prepare an investigation report on polyvinyl chloride (PVC) and PVC additives. This call for evidence is open until 31 March 2023. Safety Share The U.S. Department of Labor’s Occupational Safety and Health Administration today issued a revised Combustible Dust National Emphasis Program. Any combustible material can burn rapidly when in a finely divided form. If such a dust is suspended in air in the right concentration, under certain conditions, it can become explosible. The purpose of the revised emphasis program is to continue OSHA inspections of facilities that generate or handle combustible dusts likely to cause fire, flash fire, deflagration and explosion hazards. Have an event you would like to share? Please send details to [email protected]. The European Commission has revised some of the information requirements for registering chemicals under REACH (Action 1, Action 2). This webinar focuses on the new and amended completeness check rules brought by this revision to help you prepare a complete registration dossier. We will also give you an overview of the process in general. Alberta Chemistry and Plastics Day is an annual event designed to build dialogue on common issues, better understand industry and government positions, and get to know new participants from both industry and government. FDA and Health Canada will be co-hosting a regional public meeting to provide information to stakeholders and solicit input prior to the next ICH biannual Assembly meeting scheduled for June 12-13, 2023. No fee to attend. The 2023 Consumer Food Safety Education Conference (CFSEC) will bring answers and clarity to questions like this and more. While the science behind safe food handling and hand hygiene guidance hasn’t changed, the way people are sourcing their food, experiencing their food and receiving information is changing. ChemCon The Americas 2023 is a global platform which brings together many experts representing companies, authorities and international organisations from over 25 countries. Presentations given by more than 50 speakers from governments and industry will focus in the field of international chemical legislation all over the world, like TSCA, EU-REACH, K-REACH, GHS and country specific information on inventories, labelling requirements, etc. PetroChem Canada West brings together the western Canadian petrochemical, chemical, emerging biochemical manufacturers together with their supply chain and multiple levels of government to discuss the opportunities to expand and further develop a sustainable downstream sector in Alberta. Take this opportunity to mark in your calendars next years Bakery Showcase, May 14, 15 2023 in Vancouver BC. Over two days delegates will come to learn from dozens industry leaders and technical experts about the exciting opportunities within Canada’s downstream sector. 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.Advocacy
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