REGULATORY NEWS FOR WEEK OF NOVEMBER 5, 2019

• Transportation compliance blitz for dangerous goods cause for concern

CVSA – Enforcement personnel in Canada, Mexico and the U.S. inspected 9,259 commercial motor vehicles (CMVs) transporting hazardous materials/dangerous goods (HM/DG) as part of the Transportation of Dangerous Goods/Hazardous Materials (TDG/HM) Road Blitz on Aug. 12-16, 2019. Inspectors identified 683 out-of-service HM/DG conditions. During the North America-wide 2019 TDG/HM Road Blitz, 15,197 HM/DG packages were inspected; 8,594 were non-bulk packages/small means of containment and 6,603 were bulk packages/large means of containment (5,730 cargo tank and 873 other bulk).

Inspectors found 66 violations for package integrity (leaking) and 204 violations for loading and securement, all resulting in out-of-service conditions. There were 181 other packaging violations, resulting in 50 out-of-service conditions. Of the 432 total placarding violations, 102 were out-of-service conditions. There were 1,156 shipping paper violations, 226 were out-of-service conditions.

• Import of mixtures containing animal ingredient

Starting November 1, 2019, guidelines for importing products of animal origin containing multiple ingredients come into effect (section 9 of the Terrestrial animal products and by-products: Import policy framework). These guidelines affect, for example, feeds, fertilizers, food with milk or egg ingredients, vitamin and mineral supplements, and commodities containing products of a rendering plant or other animal-origin ingredients.

Clarification: If a mixture clearly fits under a currently existing HS code and OGD extension and has established import conditions, it will not be affected by the November 1st change.

• Updated Safe Food for Canadians Regulations licensing guidance available

Updated information regarding sections 4.5 (Clarification of licence requirement when more than one food business, within the same province, is involved in making a food),  5.8.1 (Activities associated with growing and harvesting), 5.9.1 (Processing), 5.11 (Activities conducted by fishers), 5.11.1 (Package and label fish), Annex 1: Determination of licence requirement for activities conducted on fresh fruits or vegetables (FFV) and Annex 2: Determination of licence requirement for activities conducted by fishers can be found in Food business activities that require a licence under the Safe Food for Canadians Regulations.  Consult the CFIA’s guidance finder: food to search for the latest SFCR technical and regulatory information.

• Carryover in feed and transfer from feed to food of unavoidable and unintended residues of approved veterinary drugs

Carryover of veterinary drugs in feed can occur during feed processing, handling, transportation, delivery or in feeding animals on-farm. The risk of unavoidable and unintentional veterinary drug residues from feed carryover and/or transfer from feed to food of animal origin is unacceptable when it causes adverse health effects in target and/or non-target animals and/or humans consuming food originating from these animals. If carryover is not properly managed, contaminated feed can directly harm species that are sensitive to the unintended veterinary drug they consume, and /or can result in residues in food of animal origin such as meat, milk and eggs that render them unsafe for human consumption. Even if residues are not a safety hazard, they can pose regulatory and global trade issue as countries/markets may enforce a “zero” tolerance for residues when appropriate maximum residue limits have not been established.

• Ontario inspection initiative focusing on respiratory hazards

The Ministry of Labour is now inspecting workplaces with activities that produce respiratory hazards in the form of welding fumes, diesel exhaust and silica dust. The inspections will continue until December 24 as part of the ministry’s Healthy Workers in Healthy Workplaces Initiative, which began September 1.

• Ontario amends O.Reg 851 regarding eye wash facilities and safety showers

Ontario has amended Part III Industrial Hygiene of the Industrial Establishments Regulation 851 requiring employers to provide as many eye wash stations and emergency showers for adequate emergency treatment. Part 124 includes specific requirements regarding signage, accessibility, training and instructions on use.

• Ontario taking action to protect the environment and hold polluters accountable

Ontario’s current administrative monetary penalties for environmental violations are limited, leaving the government with few tools to enforce the law. This results in an overreliance on burdensome, costly, and time-consuming enforcement tools. The broader use of administrative monetary penalties would provide the ministry with an effective tool to return violators into compliance with the law quickly and ensure consequences are proportionate to the violation. It would also help level the playing field between responsible businesses and those who violate environmental laws by removing potential economic benefits associated with breaking the law.

• New Brunswick going paperless for assessment rate notices

As part of our ongoing commitment to provide you with cost-effective, secure and timely service, we’ll soon provide your 2020 individual assessment rate notices online through MyServices, rather than through mail.

• Miscellaneous Tariff Bill process now underway

Arent Fox – On October 11, 2019, the U.S. International Trade Commission (ITC) began accepting petitions as part of the 2019 Miscellaneous Tariff Bill process. Under this process, a member of the public may request that Congress temporarily eliminate or reduce duty on an imported article for three years. Petitions are due no later than December 10, 2019, at 5:15 p.m. (ET) via the ITC online portal.

• Significant New Use Rules issued for 26 new chemical substances

Environmental Protection Agency (EPA) is proposing significant new use rules (SNURs) under the

Toxic Substances Control Act (TSCA) for 26 chemical substances which were the subject of premanufacture notices (PMNs). Five of these chemical substances are subject to Orders issued by EPA pursuant to TSCA, and the remaining 21 of these chemical substances received a “not likely to present an unreasonable risk” determination pursuant to TSCA. This action would require persons who intend to manufacture (defined by statute to include import) or process any of these 26 chemical substances for an activity that is proposed as a significant new use to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA’s evaluation of the use, under the conditions of use for that chemical substance, within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required by that determination. DATES: Comments must be received on or before December 4, 2019.

• Draft risk evaluation for Methylene Chloride

In the October 2019 draft risk evaluation for methylene chloride (MC), EPA reviewed a suite of potential MC exposures and made initial determinations on risk. These preliminary determinations may change as EPA’s evaluation becomes more refined through the public comment and peer review processes. The public will have an opportunity to comment on the draft risk evaluation for 60 days until December 30, 2019, in docket EPA-HQ-OPPT-2019-0437.

• Drug Enforcement Administration proposing amendment for changes to distributors

The Drug Enforcement Administration (DEA) has proposed a rule Management of Quotas for Controlled Substances and List 1 Chemicals adding a new requirement for distribution of certain List 1 chemicals. The proposed rule generally covers requirements for manufacturers of controlled substances, but there is one change for distributors of ephedrine, pseudoephedrine, and phenylpropanolamine.

• Small Business in Transportation Coalition seeks reconsideration of its application for exemption ELDs

Federal Motor Carrier Safety Administration (FMCSA) announces that the Small Business in Transportation Coalition (SBTC) seeks reconsideration of its application for exemption from the electronic logging device (ELD) rule that was denied by the Agency on July 17, 2019. SBTC has resubmitted its application for exemption from the ELD requirements for all motor carriers with fewer than 50 employees, including, but not limited to, one-person private and for-hire owner-operators of commercial motor vehicles used in interstate commerce. SBTC believes that the exemption would not have any adverse impacts on operational safety as motor carriers and drivers would remain subject to the hours-of-service (HOS) regulations as well as the requirements to maintain paper records of duty status (RODs). FMCSA requests public comment on SBTC’s application for reconsideration. DATES: Comments must be received on or before November 29, 2019

• Europe proposes to harmonize classification and labelling of acrylic esters

Three intentions to harmonise the classification and labelling have been received for:

• Ethyl acrylate (EC 205-438-8, CAS 140-88-5);
• Methyl acrylate (EC 202-500-6, CAS 96-33-3); and
• Allyl methacrylate (EC 202-473-0, CAS 96-05-9).

• ISO standard for business continuity just updated

Natural disasters, fires, supply chain issues or cyber-attacks are just some of the many unexpected yet possible threats to the smooth running of any business. Consistent and robust business continuity planning for what to do when disaster strikes is the best defence.

ISO 22301, Security and resilience – Business continuity management systems – Requirements, is the world’s first International Standard for implementing and maintaining an effective business continuity plan. It enables an organization to have a more effective response and a quicker recovery, thereby reducing any impact on people, products and the organization’s bottom line.

• IARC launches learning portal

The Education and Training Group of the International Agency for Research on Cancer (IARC) has launched the IARC Learning portal, an online space that hosts learning resources and courses to support the professional development of cancer researchers and health professionals.

The IARC Learning portal is organized around several thematic platforms, which offer a large variety of freely accessible learning and training resources. The platforms that are currently available are Biobanking and Cancer Prevention and Early Detection. Additional platforms are under development, on World Cancer Report, the Human Exposome Assessment Platform (HEAP) project, Cancer Surveillance, and the IARC Summer School.

The types of resources available on the thematic platforms include self-paced modules, manuals and guidelines, tutorials and demos, lectures and webinars, tip sheets and visual charts, and materials for trainers. To access these resources, visit the website and register by creating an account, free of charge.

Safety Share

• Carbon Monoxide Awareness Week 2019

Carbon Monoxide Awareness Week runs from November 1^st to 7^th.

Protect yourself:

• Monitor your health and the health of your family. Exposure to CO can cause flu-like symptoms such as headaches, nausea, dizziness, as well as confusion, drowsiness, loss of consciousness and death.
• If your CO alarm sounds, and you or other occupants are suffering from symptoms of CO poisoning, get everyone out of the home immediately and call 9-1-1.
• Read the manufacturers instructions for your CO alarms to know the difference between the sound of an alarm and the sound of a low battery or end of life warning.