Manufactured Items – The times they are a-changing!

09 Aug 2022

Are any of your substances intended to be released from a manufactured item?

Do You Remember?

As you may have heard, and possibly read, the draft Guidance Document for the Notification and Testing of New Chemicals and Polymers is now available online and will be finalized by July 2022. Two departments within the Government of Canada, Environment and Climate Change Canada, along with Health Canada, have put forward a change in the handling of the manufactured items policy, which now makes some new substances subject to the New Substances Notification Regulations.

Specifically, the Government of Canada has stated, in their guidance document, that substances will be subject to notification if they are intended to be released from a manufactured item, imported above the trigger quantities and/or are not specified on the Domestic Substance List (DSL).  

It is important to understand that the first condition means that the release is intended to occur during the normal/intended use of the manufactured item, and contributes to its function.

To help provide clarification, the Government has provided the following table referencing examples of manufactured items containing substances intended to be released from the item, which are subject to the Regulations and/or the Significant New Activity [SNAc] provisions:

Manufactured items (not subject to the Regulations or SNAc provisions)	Substances intended to be released from the manufactured item (subject to the Regulations)
Electric air freshener diffusers	Substances intended to be emitted from the air freshener diffuser, such as fragrances, solvents, etc.
Personal care wipes	Substances intended to be delivered by the wipes such as surfactants, fragrances, etc.
Deodorant/antiperspirant products	Substances intended to be released by the deodorant/antiperspirant product such as antimicrobials, chelating agents, propellants, fragrances, etc.
Writing instruments (e.g., pens, dry‑erase markers)	Substances intended to be released from the writing instrument (components of the ink) such as pigments, dyes, solubilizing agents, solvents, fragrances, etc.
Printer cartridges	Substances intended to be released from the cartridge (components of the ink or toner) such as antistatic agents, pigments, etc.
Dryer sheets	Substances intended to be released during use such as fragrances, antistatic substances, etc.
Pre-loaded syringes	Substances intended to be delivered by the syringe such as pharmaceutically active and non-active ingredients.
Lipsticks	Substances intended to be delivered by the lipstick such as pigments, emollients, etc.
Motor vehicles	Substances intended to be released such as substances in windshield washer fluid.

 The Government has also provided a table referencing manufactured items, which contain substances that are released from manufactured items that do not contribute to a function and are not subject to the Regulations:

Manufactured items (not subject to the Regulations)	Substances not intended to be released from the manufactured item (not subject to the Regulations)
Electronic devices (e.g., computers)	Substances such as flame retardants that are not intended to be released from the device's casing and the release does not contribute to any function of the item.
Textiles (e.g., carpets, towels, clothing)	Substances such as stain repellents and dyes that are not intended to be released from the textile and the release does not contribute to any function of the item.
Motor vehicles	Substances such as lubricants, antioxidants, etc. in crankcase oil. The release of the substances constituting the oil is intended only during oil changes (maintenance purposes). There is no intentional release of these substances from the vehicle (the manufactured item) that contributes to its function.

You may be wondering, "Now what?"

At this point, importers/manufacturers must review your imported manufactured item and determine if any of the substances contained in them are intended to be released. If not, you are clear to continue your import/manufacture activities.

If yes, then:

1. Determine if the substance is specified on the Domestic Substances List (DSL):
1. If yes, you are clear to continue your import/manufacture activities.
2. If no, then:
1. Determine the quantities of the notifiable substance and
1. Notify if you have reached the trigger quantities, OR
2. Track the annual quantities and ensure you do not exceed the trigger quantities.

Do you need assistance or have questions?

Do you have questions about this topic, the changes being implemented, the New Substances Notification Regime, the Chemicals Management Plan (CMP), or a related topic?

Contact our experts at Intertek Assuris—we're here to help!

References:

CEPA (1999): Canadian Environmental Protection Act, 1999 (justice.gc.ca)
NSNR: New Substances Notification Regulations (Chemicals and Polymers) (justice.gc.ca)
Guidance: Guidance Document for the Notification and Testing of New Chemicals and Polymers