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Canada Maps Out Separate Triclosan Proposals, Intends to Add 25 Chemicals to Reporting Obligations

Jonathan Cocker, partner in the Toronto office of Baker McKenzie, wrote about Environment Canada's proposed risk management measures for embattled Triclosan, confirming that Pollution Prevention Plans, mandated under the Canadian Environmental Protection Act, will soon be required for its continued use in Canadian consumer products, including:

  • non-prescription drugs,

  • natural health, personal care and cleaning products such as antibacterial soaps, skin cleansers, toothpastes, make-up, deodorants, skin creams, fragrances; and

  • general purpose cleaners, and detergents.

He pointed out that efforts to regulate Triclosan in Canada are not new. The substance is listed as a restricted ingredient on Health Canada's List of Prohibited and Restricted Ingredients in cosmetics (more commonly referred to as the "Cosmetic Ingredient Hotlist"), and its uses may well contravene the general prohibition against harmful ingredients under the US Food and Drugs Act (FDA). At present, restrictive maximum concentrations for a narrow set of permitted uses remain in place.

He said what is new is that Environment Canada's proposed risk management for Triclosan includes the creation and implementation of pollution prevention plans, a transitional approach to harmful substances for which industry requires additional time in order to fully phase out of usage.

New Substances Notification Regulations

Cocker also said that Environment Canada has published a Notice of Intent to further amend the Domestic Substances List to mandate that 25 substances be subject to new (or additional) Significant New Activity pre-import/manufacture notification obligations. The Notice of Intent was issued on November 12th, 2016, commencing a final 60 day comment period for industry.


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