What is the Non-Domestic Substances List (NDSL) and what it isn’t?
I see too many safety data sheets (SDS) with information on ingredients or the product that states on the Domestic Substances List or Non-Domestic Substances List. The inference is that the chemical product and/or its ingredients are OK to ship to Canada because they are on the DSL or the NDSL. This is far from the truth. A positive NDSL listing is NOT a free ticket to import chemical products into Canada.
In fact, the NDSL is an administrative list that was established to recognize that substances on the public Toxic Substances Control Act (TSCA) inventory are in commerce in the United States but NOT on the DSL. Essentially this provides a reduced notification package but ARE NEW SUBSTANCES IN CANADA which are subject to the New Substances Notification regulation BEFORE being imported in a quantity greater than 1,000 kg/year.
There is a significant misunderstanding on the term NDSL which is caused by uninformed Canadian importers and foreign chemical product exporters to Canada. There are serious penalties for a violation of the Canadian Environmental Protection Act which is the enabling legislation for the New Substances Notification Regulations and its companion Fees regulations. This is criminal code legislation where a conviction can lead to serious financial penalties and/or prison time for persons unintentionally in contravention of the Act. For those persons who intentionally contravene a section of the Act the penalties can be much harsher.
I’m happy to explain the required due diligence to avoid being out of compliance to the Act and its regulations with respect to substances appearing on Canada’s NDSL. Happy to help in any way I can.
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