GPC Newsletter Dec-2020

The Central Government of India in exercising its powers conferred by section 16 of the Bureau of Indian Standards (BIS) Act (2016) prepared the following amendments in the orders that were published by the Ministry of Chemicals and Fertilizers, Department of Chemicals and Petrochemicals:

1. Pyridine (Quality Control) Order, 2020
2. Gamma Picoline (Quality Control) Order, 2020
3. Beta Picoline (Quality Control) Order, 2020
4. Potassium Carbonate (Quality Control) Order, 2020
5. Sodium Tripolyphosphate (Quality Control) Order, 2020 and
6. Hydrogen Peroxide (Quality Control) Order, 2020

Due to Covid-19 disruptions, the Government of India has postponed the implementation date of these orders from 4th Dec. 2020 to 13th June 2021. 

The “Occupational Safety and Health Act” was revised on January 15, 2019 and came into effect from January 16, 2020. In relation to this Act, the “Material Safety Data Sheet” (MSDS) was recently revised and will be effective from January 16, 2021. Summary of the revised MSDS regulation in Korea:

• The definition of MSDS preparation and submitter is changed to a person who manufactures or imports (revised) chemical substances, etc. (Initially it was a person who transfers or provides chemical substances)
• Health functional foods and hygiene products have been added to the exclusion of MSDS preparation and submission.
• For R&D chemical substances, MSDS must be prepared, but submission obligations are exempt.
• If MSDSs are not submitted, a penalty of 5 million won (KRW) or less will be applicable.
• Previously it was possible for companies to hide name and content of the ingredients to secure the trade secret and recipes of the products. However as per the revised laws, an approval from Minister of Employment and Labor is required.
• Research and development (R&D) chemicals are subject to closed review, but the review process is simplified
• As per the revised regulation an administrative fine of not more than 5 million won (KRW) will be imposed on those who write alternative data without the approval of the Minister of Employment and Labor and those who do not provide the alternative name and content information despite the request for non-public information.
• If a chemical substance is likely to cause serious health hazards to workers then its information shall be submitted and notified to the Minister of Employment and Labor after deliberation by the Workers' Compensation Committee''

Korea MSDS – Comparison with the previous version

Submission of information, etc. by a person appointed by a foreign manufacturer (Article 113 of the Industrial Safety Act)

※ Additional data need to be submitted: proof of appointment (dismissal), such as proof of appointment requirements and a copy of the appointment contract

Special cases (grace period) for preparing and submitting MSDS

ㅇ Persons who have created or modified the existing MSDS according to the previous legislation at the time of enforcement date (January 16, 2021) (limited to those who manufactured or imported the target chemical substance among those who transferred or provided the target chemical substance) MSDS and data on the name and content of chemical substances must be submitted by the date determined by Ordinance of the Ministry of Labor.

※ The ‘Days determined by Ordinance of the Ministry of Employment and Labor’ in Article 8 of the Supplementary Regulations of the Industrial Safety Act No.

Last update: 12/11/2020

The EPA showed its intention to grant the extension of the deadline for Standard Registration of 106 PECs as chemical manufacturing and import associations in Taiwan raised their concerns over the preparation for dossiers in public seminars in October this year. Now the EPA has confirmed to extend the deadline of Standard Registration to Dec. 31, 2020, regardless of the tonnage.

Currently, registrants can get the registration number of Standard Registration even if they have not submitted hazard and exposure assessment (Item 8 and 9 in dossier report). The date for later submission of these two items will be clarified later when the guidance is updated.

The Australian Department of Health (DOH) announced guidance for manufacturers and importers of chemicals that have an end-use in food-contact articles. The guidance shares six steps to categorize food-contact chemicals as “exempted”, “reported”, or “assessed”, while chemicals that are on their inventory are categorized as “listed”.

The guidance provides examples of food-contact articles such as food wrapping, food containers, coatings on the inside of food cans, and coatings on the insides of water storage tanks. However, chemicals used in cardboard, glass, or metal packaging that has no direct contact with food are not included in this scheme. Moreover, it classifies industrial chemicals introduced for an end-use in food-contact materials as a ‘specified class of introduction’ due to their potentials of migrating to food.

DOH shares the record-keeping obligations for exempted or reported introductions of a chemical for use in food-contact materials. The aim of the record-keeping, according to the DOH, is to ensure chemicals do not pose human health and environment hazard characteristics. The guidance requires to keep the following records in case the new substances have not been internationally evaluated for human health.

• Data approved by other national authorities for the use of the substance in food contact articles, if available
• Data on the possibility of the substance migrating to food

Are you introducing soaps into Australian territory for commercial purposes to make a profit? Then you must register under AICIS. The registration duty applies only if soaps manufactured in Australia involving a chemical reaction (such as saponification using lye), importing soaps or their ingredients (essential oils, fragrance) for soap making intended for sale. 

The registration starts on 1st September and ends on 31st August every year, and registration expenses are primarily based on your previous financial year’s total importation and manufacture value. 

Before going for registration, introducers need to check whether all the ingredients in soap, are to be had in the Australian chemical inventory. if not then ingredients need to be registered.  

The registration obligation does not imply to those who make or buy soap for personal use, bought from local Australian shop, supplier, or manufacturer, and make soap and gift to family and friends or sell them for no profit. 

Click here to see more on compliance obligations for soap makers under AICIS.