Are you making or importing a mixture? Are you sure? Keep reading more as this is the first of a three-part blog series.
A note of caution to all you formulators and importers out there – the regulatory definition of mixtures, manufactured items and products can differ depending on the jurisdiction, and there may be reporting requirements that apply to your material or substance of interest. In this first of a three-part series titled "Mixtures, Manufactured Items and Products", we look more closely at mixtures and show that the definition of mixtures is generally quite consistent among some of the significant regulatory jurisdictions.
A substance is defined in CEPA as "any distinguishable kind of organic or inorganic matter, animate or inanimate, and includes (a) any matter that is capable of being dispersed in the environment or of being transformed in the environment into matter that is capable of being so dispersed or that is capable of causing such transformations in the environment; (b) any element or free radical; (c) any combination of elements of a particular molecular identity that occurs in nature or as a result of a chemical reaction; and (d) complex combinations of different molecules that originate in nature or are the result of chemical reactions but that could not practicably be formed by simply combining individual constituents". A mixture is a combination of substances that does not itself produce a substance that is different from the substances that were combined.
According to the EU REACH, a substance is "a chemical element and its compounds in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition". A mixture consists of several substances.
A chemical substance refers to "any organic or inorganic substance of a particular molecular identity, including any combination of such substances occurring in whole or in part as a result of a chemical reaction or occurring in nature, and any chemical element or uncombined radical". A mixture refers to "any combination of two or more chemical substances if the combination does not occur in nature and is not, in whole or in part, the result of a chemical reaction". This definition of a mixture includes:
If your company is manufacturing or importing chemical mixtures in Canada, Europe or the US, you may be subject to different regulatory requirements, depending on the regulatory definition. Compliance to regulatory requirements begins with correct identification of your product. Within Canada, Europe or the US, mixtures themselves are not subject to notification. However, if your substance does not meet the specific jurisdictional definition of a mixture, or any of the components of the mixture are not registered/notified/listed, you may be subject to reporting requirements under CEPA, REACH, TSCA or the Act specific to your jurisdiction of interest.
Do you have questions about regulatory requirements for mixtures or other related topics? Share your comments or questions below and our expert, Joyce Borkhoff, will get back to you.
Today's expert blogger is Joyce Borkhoff. Joyce is the Director of the Intertek Chemicals Group and is well known for her ability to effectively characterize and communicate the impacts of the regulatory environment on the chemical industry. She is frequently invited to contribute to trade magazines and to present her advice and experience to a wide range of SME and large multi-national audiences. Her technical and regulatory experience and her deep knowledge of the Chemical Industry, makes Ms. Borkhoff uniquely qualified to provide practical, best-in-class service to help meet and understand Global Chemicals Management requirements.