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Canada – Proposed regulation on Microbeads in Toiletries

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Canada – Proposed regulation on Microbeads in Toiletries

Environment and Climate Change Canadahas proposed Regulations would prohibit the manufacture, import, sale or offer for sale of toiletries that contain plastic microbeads including non‑prescription drugs and natural health products. The types of toiletries covered include products used for exfoliating or cleansing such as bath and body products, skin cleansers and toothpaste. The proposed Regulations would not apply to prescription drugs. For the purposes of the proposed Regulations, plastic microbeads include any plastic particle of 5 mm in size, which can vary in chemical composition, size, shape and density.

Toiletries are defined as any personal hair, skin, teeth or mouth care products for cleansing or hygiene, including exfoliants and any of those products that is also a natural health product as defined in the Natural Health Products Regulations or a non-prescription drug.

The prohibition of the manufacture and import of exfoliating or cleansing toiletries that contain plastic microbeads excluding natural health products or non-prescription drugs is targeted to come into effect on January 1, 2018 with the prohibition of sale or offer for sale of these products by July 1, 2018. Prohibitions would come into effect for the manufacture and import of exfoliating or cleansing non-prescription drugs and natural health products, such as toothpaste that contain plastic microbeads, on July 1, 2018, with a prohibition on sale or offer for sale of these products by July 1, 2019.

Regulates are not required to submit reports or conduct product testing under the proposed Regulations. The proposal contains a requirement that the presence of microbeads in productsis determined using an accredited laboratory to ensure that laboratory testing is performed to acceptable quality standards. This also serves to inform the regulated community of the laboratory standards that will be used to determine the presence of plastic microbeads or to verify compliance with the regulatory provisions. The proposed Regulations would not apply to a toiletry that contains plastic microbeads and that is in transit through Canada, from a place outside Canada to another place outside Canada.

Proposed date of adoption: Summer 2017

Proposed date of entry into force: 1 January 2018

Final date for comments: 19 January 2017

If the Proposal/Notification/Regulation will affect your International Business please send us your representation with facts and figures before 20 February 2016, so that these can be taken up suitably.

 


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