Immediate Actions May Be Required
The Revised In Commerce List (ICL) is an administrative list of F&DA substances that were identified as having been in Canadian commerce between January 1, 1987 – September 13, 2001; therefore, these substances were not eligible to be grandfathered onto the Canadian Domestic Substances List (DSL). Listing on the Revised ICL is a way to recognize that these substances were placed into Canadian commerce in compliance with the Regulations at that time but that they do not meet the timeline eligibility to be grandfathered onto the initial DSL.
Prioritizing and Legitimizing the Revised In Commerce List
The initiative by Environment and Climate Change Canada and Health Canada to prioritize the Revised In Commerce list was completed as part of the Government of Canada's on-going commitment to improving chemicals management in order to protect human health and the environment. They are committed to ensuring that the new regulatory structure includes measures to efficiently and effectively assess the risks of these ICL-listed substances without full notification obligations being placed on the manufacturer/importer of the substance.
Substances on the Revised ICL will either be prioritized for further consideration; flagged as those substances listed on the DSL that will be shortly removed from the Revised In Commerce List; or have been included in the 2017 Inventory Update (IU) Mandatory Survey that was released earlier this year, which will pave the way for the next steps on the prioritized substances.
Please note that those substances which were listed on both the Revised ICL and the DSL, including any hydrated forms, are anticipated to be removed from the Revised ICL. This change will soon be reflected on the Health Canada website where the Revised ICL is posted.
The government is also intending to close the Revised In Commerce nomination window and no longer allow the old ICL lists to be used as proof of In Commerce. The government may provide a Notice of Intent in the near future to provide an opportunity for stakeholders to provide any outstanding nominations before this takes place.
2017 Inventory Update S.71 Survey and substances on the Revised In Commerce List
The Canadian Chemicals Management Plan (CMP) was launched by the Government of Canada with a goal to reduce the risks posed by chemicals to Canadians and their environment. The CMP broadly considers a range of "existing" substances including substances on the Domestic Substances List (DSL) and regulated under the Canadian Environmental Protection Act (CEPA); pesticides that are regulated under the Pest Control Products Act; and specific environmental interests in ingredients from products regulated under the Food and Drugs Act (Includes Food, Drugs, Cosmetics, Devices, Therapeutic Products).
The Inventory Update (IU) survey is a tool initiated under Phase 3 of the CMP to update Canadian commercial status of substances of interest. The Notice issued under Section 71 of the Canadian Environmental Protection Act (CEPA) requires any business that manufactured or imported more than 100 kg/year of any of the listed substances in 2014 or 2015, whether alone, in a mixture or product, or in some cases, as part of a manufactured item.
The list of 1430 substances has been divided into 4 parts; one of which includes reporting requirements on 678 substances from the Revised In Commerce List which are limited to Food and Drug Act activities (i.e. cosmetics, food additives, natural health products and medical devices). These substances have been identified as there are significant gaps on the domestic and commercial status of these substances.
The list of substances from the Revised In Commerce list and subject to the Section 71 survey and more information on the Government of Canada's Chemicals Management Plan and the Challenge Program can be found at: http://www.chemicalsubstanceschimiques.gc.ca/plan/approach-approche/dsl-lis-eng.php#s1
What does this mean for industry?
To comply with the mandatory Section 71 survey, you will need to collect, organize and report specific quantity information for any substances you manufacture or import at volumes that exceed the reporting thresholds. You will have to determine whether your substances meet those reporting thresholds based on raw sales data, and then compile that raw data and categorize your substances in order to prepare your response to the survey. If you do not have a SWIM account, you also will need to set one up with Environment and Climate Change Canada. Make sure you submit the information before the July 17, 2017 deadline, to ensure your company's compliance with this government program.
Do you have questions about the Revised In Commerce List or the Section 71 Inventory Update Survey under the Chemicals Management Plan or other related topics? Share your comments or questions below.
Today's expert blogger is Joyce Borkhoff. Joyce is the Vice President 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.