Canada to Amend the Formaldehyde Emissions from Composite Wood Products Regulations

On June 17, 2023, the Canadian government put forward proposals to amend the regulations governing formaldehyde emissions from composite wood products. The aim of these proposed amendments is to provide clarity on the requirements for quality control testing and record-keeping. The existing requirements, which came into effect in January 2023, were designed to closely align with the regulations set out by the United States under the Toxic Substances Control Act (TSCA). Interested parties are invited to submit their comments on the proposed amendments by August 31. 

The Formaldehyde Emissions from Composite Wood Products Regulations, which were officially published in the Canada Gazette, Part II, on July 7, 2021, have been in force since January 7, 2023. The primary objective of the Regulations is to mitigate potential health risks associated with indoor formaldehyde exposure for Canadians. The regulations establish specific limits on acceptable formaldehyde emissions from composite wood products. When present in indoor air, formaldehyde can cause irritation of the eyes, nose, and throat. Moreover, evidence suggests that it may worsen asthma symptoms, particularly among children. 

To achieve the desired outcomes, the Regulations prohibit the importation, sale, or offering for sale of composite wood products that exceed the established limits for formaldehyde emissions. These measures aim to align with the provisions outlined in the Toxic Substances Control Act (TSCA) Title VI to the maximum extent possible. This alignment fosters regulatory harmonization and creates a level playing field internationally. 

The proposed amendments include the following: 

1. Removal of the accreditation requirement for laboratories conducting routine quality control formaldehyde emissions testing. 

2. Clarification of record-keeping obligations along the supply chain of composite wood products, with a focus on finished goods. This entails requiring a single manufacturer's declaration confirming the incorporation of certified panels into finished goods. 

3. Adjustment of the notification period for non-compliant lots, extending it from two days to 72 hours. 

4. Alignment with the requirements outlined in the February update to the TSCA formaldehyde emissions regulations in the United States.