Canada Issues Products Containing Mercury Regulations

18/02/15

Event Title

08h00 - 16h30

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In an effort to reduce the amount of mercury released into the environment, Canada has enacted the Products Containing Mercury Regulations SOR/2014-254. The regulation prohibits the manufacture and import of products containing mercury with certain exemptions. The regulation prescribes labeling, recordkeeping, and reporting requirements for products containing mercury that are permitted. This regulation goes into effect on November 8th, 2015

Scope:

• All products containing mercury and compounds of mercury with some exemptions

Exemptions:

The following products are exempt from this regulation
• Waste
• Food, drugs, and cosmetics regulated by the Food and Drugs Act
• A veterinary biologic
• Surface coatings as defined by the Surface Coating Materials Regulations or the Toys Regulations
• A pest control product
• Feed
• Fertilizer
• Ammunition and explosives
• Products, other than batteries, that have a mercury concentration of 0.1% or less by weight in homogenous materials
• A battery, other than a button cell battery, that has a mercury concentration of 0.0005% or less by weight in homogeneous materials
• Beginning on January 1, 2016, a button cell battery that has a mercury concentration of 0.0005% or less by weight in homogeneous materials
• From January 1, 2016 until December 31, 2019, a button cell battery that is incorporated into a medical device that is intended to remain in the body for at least 30 consecutive days
• Ores, concentrates and by-products of metallurgic operations;
• On-road vehicles

Requirements:

Prohibition: Products containing mercury can only be manufactured or imported if :
• The product is listed and meets the mercury requirements of the table provided within the regulation which includes but is not limited to certain types of the following products:
-- Light bulbs
-- RF switches and relays
-- Scientific instruments
-- Commercial / industrial photographic film
-- Aerospace composite resins and adhesive resins.
-- Dental amalgams
-- Medical devices

• The manufacturer or importer applies for and is issued a permit for the product

Permits: Companies can apply for a permit to sell a product containing mercury if evidence can be provided that there is not a technically or economically feasible alternative or substitute. A permit is valid for 3 years after which point it has to be renewed.

Labeling: Products containing mercury allowed under this regulation must be labeled with :
• The statement “Contains mercury / Contient du mercure”
• Safe handling procedures and the measures to be taken in case of accidental breakage
• The options available for the disposal and recycling of the product in accordance with the laws of the jurisdiction where the disposal or recycling is to take place
• A statement to the effect that the product should be disposed of or recycled in accordance with the applicable laws

Reporting: Manufacturers and importers of products containing mercury must submit a report by March 31, 2017 indicating the amount of mercury in each product and the quantity of the product sold in 2016. This report is required every three years.

Record keeping: Manufacturers and imports of products containing mercury allowed under this regulation must maintain records for 5 years that include information such as the amount of mercury that products contain, their date of manufacture or importation, and quantity manufactured or imported.

Testing requirements: Determination of the amount of mercury that a product contains must be conducted by a laboratory that is either ISO/IEC 17025:2005 accredited or accredited under the Environment Quality Act, R.S.Q., c. Q-2.

Effective date: The law comes into effect on November 8th , 2015

Link to regulation: http://www.gazette.gc.ca/rp-pr/p2/2014/2014-11-19/html/sor-dors254-eng.php

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