Regulatory
REGULATORY NEWS FOR THE WEEK OF JUNE 19, 2023
After being introduced via the Senate on February 9, 2022 and received Royal Ascent on June 13, 2023. Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act, received Royal Assent. This is a landmark step in keeping the environment and Canadians safe and healthy. Here are some thought-starters: CONCERN: how and why some substances may be deleted from the DSL – will a Notice of Intent be used for substances determined to not be in commerce? CONCERN: “among other things” is vague, what properties or characteristics? More information will be shared next week as we consult with our peers and stakeholders on further impacts. Food Allergy Canada is excited to share with you its latest annual impact report. In this report, you’ll learn how we are empowering the next generation, and building community knowledge and support for food allergy. Effective June 9, 2023, Health Canada’s Food Directorate completed a premarket safety assessment of a food additive submission seeking authorization for the use of maltogenic alpha-amylase (α-amylase) from Bacillus subtilis ROM in bread, flour, whole wheat flour, and unstandardized bakery products. The requested maximum level of use for this food enzyme is Good Manufacturing Practice. The CFIA has confirmed oak wilt in a residential area in Niagara Falls, Ontario. This is the first confirmed detection of oak wilt in Canada. Oak wilt is a disease caused by the fungus Bretziella fagacearum. Red oaks are particularly susceptible, resulting in tree death within a single season. Oak wilt is spread naturally through root grafts or beetles carrying fungal spores. The Canadian Food Inspection Agency (CFIA) and Health Canada post “notices of submission” on the CFIA website that describe the product and the data they receive from certain product developers who have requested safety assessments of plants with novel traits (PNTs) for unconfined release and safety assessments of novel feeds and novel foods derived from PNTs. Notice is hereby given that the Minister of the Environment has entered into an environmental occurrences notification agreement with the governments of Alberta, British Columbia, Manitoba, Ontario, Saskatchewan and Yukon. A drafting oversight in the Regulations implies that panel manufacturers must use an accredited laboratory to comply with quality control testing requirements, which was not the intended policy. In addition, requiring downstream regulated parties to collect declarations of certification (declarations) for all composite wood panels that may have been incorporated into the finished goods they import, distribute or sell, could impose a burden that was not intended in the Regulations. Correcting the drafting oversight is critical to the effective administration and interpretation of the Regulations. The proposed amendments would clarify the quality control testing and record-keeping requirements. Without the proposed amendments, regulated parties would incur unanticipated costs in order to comply with the Regulations, and for record-keeping. On June 15, 2023, Rio Tinto Fer et Titane Inc. was sentenced by the Court of Quebec, at the Sorel-Tracy courthouse, to pay two fines totalling $600,000 dollars, after pleading guilty to two counts of violating the Fisheries Act. The conviction follows two spills of harmful substances in June and December 2020. The fines will be paid in full to the Government of Canada’s Environmental Damages Fund and will support projects that have a positive impact on the country’s natural environment. The Health Canada Pest Management Regulatory Agency (PMRA) is responsible for pesticide regulation in Canada. The public registry is where you can learn more about all pest control products registered for use in Canada. The following consultations have been launched:
Warehouse workers are at risk of being struck-by forklifts, excavators, and trucks. Learn how a new assessment tool is helping to protect workers and prevent injuries. The U.S. Food and Drug Administration has issued a 30-day procedural notice on its plans to conduct a study entitled “Quantitative Research on Front of Package Labeling on Packaged Foods.” The study is a follow up to focus groups conducted in 2022 to further explore consumer responses to various front-of-package labeling schemes. As part of the Paperwork Reduction Act, federal agencies are required to publish a notice in the Federal Register on each proposed information collection to give the public the opportunity to comment. The U.S. Food and Drug Administration today issued draft guidance to tattoo ink manufacturers and distributors to help recognize situations in which a tattoo ink may become contaminated with microorganisms, and thus, be potentially injurious to health. This guidance also recommends certain steps that manufacturers and distributors could take to help prevent the occurrence of these conditions, or to identify and remediate insanitary conditions that already exist during manufacturing and distribution. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued regulatory guidance clarifying the definitions of “broker” and “bona fide agents.” FMCSA issued the guidance in response to a mandate in the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, and the Fiscal Year 2023 Appropriations Act. The guidance clarifies the definitions in the Code of Federal Regulations, with an eye toward efficiency and defining financial responsibilities. FMCSA issued interim guidance in November 2022. The Environmental Protection Agency (EPA) is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for certain chemical substances that were the subject of premanufacture notices (PMNs) and are also subject to an Order issued by EPA pursuant to TSCA. The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is proposed as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. Comments must be received on or before July 20, 2023. The U.S. Environmental Protection Agency (EPA) is announcing a series of free educational sessions on the dangers of lead and ways to reduce and prevent lead exposure. These sessions are based on the Lead Awareness Curriculum, an adaptable resource to protect communities from potential lead exposure, and will be held in English and Spanish. The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) intends to list anthracene (CAS RN 120-12-7), 2‑bromopropane (CAS RN 45-26-3), and dimethyl hydrogen phosphite (CAS RN 868-85-9) as known to the state to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986, sections 25249.5 et seq. of the Health and Safety Code (HSC), otherwise known as Proposition 65. The European Chemicals Agency (ECHA) has added two new chemicals to the Candidate List. One is toxic for reproduction and the other has very persistent and very bioaccumulative hazardous properties. They are used, for example, in inks and toners and in the production of plastic products. The Second Global Parliamentary Summit against Hunger and Malnutrition closed on Friday June 16, 2023 in Chile with a new Global Parliamentary Pact to work towards the transformation of agrifood systems and to promote the right to adequate food for all. Safety Share If you work in food service, there’s always a risk of hot liquids or food spilling onto your feet. Your footwear must be appropriate for the type of work you do and be maintained in good condition. Have an event you would like to share? Please send details to [email protected]. The National Fire Protection Association (NFPA) will host its annual Conference & Expo at the Mandalay Bay Convention Center in Las Vegas on June 19-21, 2023. This comprehensive event brings together thousands of the industry’s leading professionals who will attend more than 110 educational sessions addressing the latest issues, challenges, and trends in the world of fire, electrical, and life safety. Over two days delegates will come to learn from dozens industry leaders and technical experts about the exciting opportunities within Canada’s downstream sector. ChemEdge 2023 is bringing supply chain professionals all along the chemical distribution industry together to share best practices and business solutions. Asian Chemicals Forum (ACF) will cover a wide range of topics related to safe chemical management. 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. 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). 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. 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.Advocacy
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