Proposed Technical Amendments to the Consumer Chemicals and Containers Regulations, 2001 (CCCR-2001)

Some technical amendments have been made to the Consumer Chemicals and Containers Regulations, 2001 (CCCR-2001) to clarify certain requirements and correct a number of editorial errors to ensure that the original intent of the Regulations is maintained. Most notably, they clarify the units to be used for the LC₅₀ classification criteria for gases and vapours.

As a reminder, the CCCR-2001 were published in the Canada Gazette Part II on August 15, 2001. These Regulations establish classification criteria, labelling and packaging requirements for chemical products used by consumers. The classification criteria are based on a scientific assessment of the hazards that a product may pose during foreseeable use. The labelling and packaging requirements are determined from the product classification. The labelling requirements take the form of hazard symbols, warning statements, safety instructions and first aid statements. In some cases, child-resistant packaging is required. In addition, some very hazardous products are prohibited from importation and sale.

These amendments were published in the Canada Gazette, Part II on June 24^th, 2009.

1. LC₅₀ Criteria for Gases and Vapours

The units for the LC₅₀ criteria for gases and vapours should be mL/m³, not mg/m³. The toxicity limits that were developed in collaboration with all stakeholders were harmonized with Canadian and other international systems, in order to avoid redundant toxicity evaluations. The recommended limits were expressed in the units of ppm by volume. In the drafting of the CCCR-2001, it was intended to express the units in clear and unambiguous terms. However, the units were inadvertently printed as mg/m³ rather than mL/m³. As a result, the values are no longer harmonized with other systems and the criteria limits do not correspond to the stakeholder recommendations.

The difference in units is related to the molecular weight of the substance relative to the molar volume of air. This means that higher molecular weight gases and vapours, such as toluene and xylene, would be excluded from classification when they were intended to be captured, whereas those with a lower molecular weight, such as ammonia, would be inappropriately classified into a higher sub-category.

The amendment would change all references from mg/m³ to mL/m³ in the tables to subsections 1(4) and 34(4).

• Proposed Text:
• Item 11 of the table to subsection 1(4) of the Regulations is replaced by the following:

Item 11 of the table to subsection 1(4)

Item	Column 1 Symbol	Column 2 Unit of measure
11	mL/m3	millilitres per cubic metre

• The table to subsection 34(4) of the Regulations is replaced by the following:

Table to subsection 34(4)- Sub-categories -- Inhalation exposure

Item	Column 1 State of the chemical product	Column 2 4-hour LC50	Column 3 Sub-category
1	Gas	(a) not more than 2 500 mL/m3	Very Toxic
		(b) more than 2 500 mL/m3 but not more than 5 000 mL/m3	Harmful
2.	Vapour	(a) not more than 1 500 mL/m3	Very Toxic
		(b) more than 1 500 mL/m3 but not more than 2 500 mL/m3	Toxic
		(c) more than 2 500 mL/m3 but not more than 10 000 mL/m3	Harmful
3.	Dust, mist or fume	(a) not more than 0.5 mg/L	Very Toxic
		(b) more than 0.5 mg/L but not more than 2.5 mg/L	Toxic
		(c) more than 2.5 mg/L but not more than 5.0 mg/L	Harmful

2. Hydrocyanic Acid and its Salts

A chemical product that contains hydrocyanic acid or its salts, such as sodium cyanide or potassium cyanide, is classified as "very toxic" and is prohibited from consumer sale. These substances have been prohibited from consumer products under the Hazardous Products Act since 1988, and the prohibition was incorporated into the CCCR-2001. However, the Regulations are not consistent between English and French. The French wording correctly reads: "acide cyanhydrique ou ses sels"; the equivalent wording in English would be: "hydrocyanic acid or its salts".

The CCCR-2001 will be amended to clarify the English text in subsection 34(1).

• Proposed Text:
• The portion of item 5 of the table to subsection 34(1) of the English version of the Regulations in column 1 is replaced by the following:

Item 5 of the table to subsection 34(1)

Item	Column 1 Substance of special concern
5	Hydrocyanic acid or its salts

3. Fuel Containers

The exception for labelling on permanently attached fuel containers is not consistent. At present, the exception applies to fuels classified as "toxic", "harmful" and "very flammable", such as gasoline. However, fuels that are classified as "flammable" or "combustible", such as propane, ethanol or kerosene, would need to be labelled.

The amendment would exempt permanently attached fuel tanks from all CCCR-2001 requirements. This exception would be included in subsection 2(2). Subsequent deletions would occur in sections 39 and 53.

• Proposed Text:
• Subsection 2(2) of the Regulations is amended by striking out the word "or" at the end of paragraph (c), by adding the word "or" at the end of paragraph (d) and by adding the following after paragraph (d):
• (e) a container of fuel, such as gasoline, ethanol or propane, if the container is permanently attached to an internal combustion engine, a gas turbine or an appliance that uses the fuel.
• Subsection 39(1) of the Regulations is replaced by the following:
• Required information -- sub-category "toxic"
    39. (1) The container of a chemical product that is classified in the sub-category "toxic" under section 33 must display, for each type of information
• set out in column 1 of the table to this subsection, and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics.
• Subsection 39(2) of the Regulations is replaced by the following:
• Required information -- sub-category "harmful"
    (2) The container of a chemical product that is classified in the sub-category "harmful" under section 33 must display, for each type of information set out in column 1 of the table to this subsection, and for each applicable route of exposure set out in column 2, the information set out in columns 3 and 4, other than the instructions set out in italics.
• Subsection 39(3) is repealed.
• The table to section 53 of the Regulations is replaced by the following:

Table to section 53 - Conditions for advertising, selling or importing a very flammable product

Item	Column 1 Chemical product	Column 2 Conditions
1.	A fuel	The container of the fuel is separate or detachable from the internal combustion engine, gas turbine or appliance that uses the fuel, and displays the information set out in the table to subsection 54(1).
2.	A product that exhibits a flashback, other than one that is (a) a liquid that is classified in the sub-category "very flammable"; or (b) described in paragraph (a) of item 7 of the table to subsection 49(1).	The container of the product displays the information set out in the table to subsection 54(1).

4. Very Flammable Fuels

Fuels classified as "very flammable", such as gasoline, are not prohibited if they meet the requirements of section 53. But the current wording allows "a fuel such as gasoline, ethanol or propane". The reference to ethanol and propane fuels will be removed because these fuels would fall under the "flammable" sub-category. As "flammable" fuels are not prohibited, this amendment is very minor. But the current wording may lead to inappropriate over-labelling of ethanol and propane fuels, if these products were labelled according to the "very flammable" rather than the "flammable" requirements.

Clearer wording will lead to less misinterpretation of the labelling for ethanol and propane fuels. The proposed text for the table to section 53 (above) reflects this amendment.

5. Spray Containers that have a Flashback

Spray containers that exhibit a flashback are not prohibited if they meet section 53. However, this exception does not apply to products classified by the other "very flammable" criteria, such as spray containers that have a flame projection of 100 cm or more, or that contain a liquid with a flash point of less than -18°C.

Clearer wording will lead to the appropriate restriction of very flammable products. The proposed text for item 2 to the table to section 53 (above) reflects this amendment.

6. Toxic Product Labelling

The example provided in the instructions for administering first aid is no longer appropriate, in light of current treatment practices. Traditionally, vomiting was recommended in the treatment of methyl alcohol poisoning. However, current practice does not recommend inducing vomiting because methanol is absorbed so rapidly that there would be little opportunity to prevent absorption, and inducing vomiting may introduce the risk of aspirating the gastric contents.

Clearer wording for administering first aid will be given in section 39. As this instruction was an example and not a mandatory statement, correction of the instruction is a minor amendment.

• Proposed Text:
• The portion of subitem 7(b) of the table to subsection 39(1) of the Regulations in columns 3 and 4 is replaced by the following:

Subitem 7(b) of the table to subsection 39(1)

Item	Column 1 Type of information	Column 2 Applicable route of exposure	Column 3 English information	Column 4 French information
7	First aid statement	(b) Oral or aspiration	When appropriate, insert instructions for administering first aid, e.g., Do not induce vomiting.	When appropriate, insert instructions for administering first aid, e.g., Ne pas faire vomir.

• The portion of subitem 7(b) of the table to subsection 39(2) of the Regulations in columns 3 and 4 is replaced by the following:

Subitem 7(b) of the table to subsection 39(2)

Item	Column 1 Type of information	Column 2 Applicable route of exposure	Column 3 English information	Column 4 French information
7	First aid statement	(b) Oral or aspiration	When appropriate, insert instructions for administering first aid, e.g., Do not induce vomiting.	When appropriate, insert instructions for administering first aid, e.g., Ne pas faire vomir.

7. Corrosive Product Labelling

Some consumer products may generate toxic materials during use or misuse. For example, bleaches containing significant levels of accessible chlorine generate toxic gases when mixed with acids or bases, such as toilet bowl cleaners. The toxic gases are not components of the bleaches, but are the result of a chemical reaction between the bleach and the acid or base. However, not all corrosive products pose a mixing hazard. The consensus recommendation from all stakeholders was that the warnings pertaining to mixing should be present when appropriate to the product.

To clarify this provision, the condition "when appropriate" will be added to the specific hazard statement requirements of section 46.

• Proposed Text:
• The portion of subitem 4(c) of the table to subsection 46(1) of the Regulations in columns 3 and 4 is replaced by the following:

Subitem 4(c) of the table to subsection 46(1)

Item	Column 1 Type of information	Column 2 Applicable route of exposure	Column 3 English information	Column 4 French information
4	Specific hazard statement	(c) Inhalation	When appropriate:DANGEROUS FUMES FORM WHEN MIXED WITH OTHER PRODUCTS	When appropriate:DÉGAGE DES ÉMANATIONS DANGEREUSES LORSQUE MÉLANGÉ AVEC D'AUTRES PRODUITS

• The portion of subitem 4(b) of the table to subsection 46(2) of the Regulations in columns 3 and 4 is replaced by the following:

Subitem 4(b) of the table to subsection 46(2)

Item	Column 1 Type of information	Column 2 Applicable route of exposure	Column 3 English information	Column 4 French information
4	Specific hazard statement	(b) Inhalation	When appropriate:DANGEROUS FUMES FORM WHEN MIXED WITH OTHER PRODUCTS	When appropriate:DÉGAGE DES ÉMANATIONS DANGEREUSES LORSQUE MÉLANGÉ AVEC D'AUTRES PRODUITS

• The portion of subitem 3(c) of the table to subsection 46(3) of the Regulations in columns 3 and 4 is replaced by the following:

Subitem 3(c) of the table to subsection 46(3)

Item	Column 1 Type of information	Column 2 Applicable route of exposure	Column 3 English information	Column 4 French information
3	Specific hazard statement	(c) Inhalation	When appropriate:DANGEROUS FUMES FORM WHEN MIXED WITH OTHER PRODUCTS	When appropriate:DÉGAGE DES ÉMANATIONS DANGEREUSES LORSQUE MÉLANGÉ AVEC D'AUTRES PRODUITS

8. Updated Standards

Since the CCCR-2001 were published, the standards referenced in the items seen below to the table to subsection 1(2) have been revised. The amendment will reflect the updated standards.

• Proposed Text:
• Items of the table to subsection 1(2) of the Regulations is replaced by the following:

Items of the table to subsection 1(2)

Item*	Column 1 Short form	Column 2 Standard or test	Column 3 Provision in Regulations
1.(1)	ASTM D 56	ASTM Standard D 56-05, entitled Standard Test Method for Flash Point by Tag Closed Cup Tester, approved May 1, 2005, published May 2005	50(a), 51
2.(2)	ASTM D 93	ASTM Standard D 93-02a, entitled Standard Test Methods for Flash Point by Pensky-Martends Closed Cup Tester, approved December 10, 2002, published March 2003	50(b)
5.(5)	ASTM D 3828	ASTM Standard D 3828-05, entitled Standard Test Methods for Flash Point by Small Scale Closed Cup Tester, approved May 1, 2005, published May 2005	50(a)
6.(6)	16 CFR 1700.20	U.S. Code of Federal Regulations, Title 16: Commercial Practices Safety Commission, revised January 1, 2006, section 1700.20 "Testing Procedure for Special Packaging"	9(b)
8.(8)	CSA B339	CAN/CSA Standard B339-02, entitled Cylinders, Spheres and Tubes for the Transportation of Dangerous Goods, as amended February 2005	58(2)
10.(10)	CSA-Z76.1	CAN/CSA-Z76.1-06, entitled Reclosable child-resistant packages, published March 2006	9(b)
12.(13)	ISO 8317	ISO 8317, entitled Child-resistant packaging - Requirements and testing procedures for reclosable packages, Second edition, dated April 15, 2003	9(b)
13.(15)	OECD No. 404	OECD Guideline for Testing of Chemicals No. 404, Acute Dermal Irritation/Corrosion, dated April 24, 2002	43(2)(b)
14.(16)	OECD No. 405	OECD Guideline for Testing of Chemicals No. 405, Acute Eye Irritation/Corrosion, dated April 24, 2002	43(2)(c)
17.(11)	Test L.2	"Test L.2: Sustained combustability test" set out in section 32.5.2 of the Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria, Fourth edition, 2003, United Nations (UN)**	48(2)(b)
18.(18)	ULC-S503	CAN/ULC-S503-05, Standard for Carbon Dioxide Fire Extinguishers, published February 28, 2005	2(2)(d)
19.(19)	ULC-S504	CAN/ULC-S504-02, Standard for Dry Chemical Fire Extinguishers, published August 14, 2002	2(2)(d)
20.(20)	ULC-S507	CAN.ULC-S507-05, Standard for Water Fire Extinguishers, published February 28, 2005	2(2)(d)

9. Toxic Substances of Special Concern

The table to subsection 34(1) contains a list of substances which pose specific hazards to human health, thus requiring special classification. At present, the table to subsection 34(1) does not contain any information pertaining to the 'route of exposure' through which these substances pose a hazard. This will be addressed by adding a new column, "Column 4", to this table called "Route of exposure", which will permit manufacturers/importers to properly label their products for the dangers inherent to these chemical ingredients.

Toxic Substances of Special Concern - Table to subsection 34(1)

Item	Column 1 Substance of special concern *	Column 2 Concentration	Column 3 Sub-category	Column 4 Route of exposure
1.	Carbon tetrachloride	any concentration	Very Toxic	oral, inhalation, aspiration
2.	Diethylene glycol	5% or more	Harmful	oral
3.	Ethyl acetate	5% or more	Harmful	oral
4.	Ethylene glycol	(a) 5% or more but less than 10%	Harmful	oral
		(b) 10% or more	Toxic	oral
5.	Hydrocyanic acid or its salts	any concentration	Very Toxic	oral, dermal, inhalation
6.	Methyl alcohol	1% or more and a total quantity of 5 mL or more	Toxic	oral, inhalation
7.	Nitrobenzene	5 mg/kg or more	Very Toxic	oral, dermal, inhalation
8.	1,1,2,2-tetrachloroethane	any concentration	Very Toxic	oral, dermal, inhalation
9.	1,2-dichloroethane	(a)5% or more but less than 10%	Harmful	oral, inhalation
		(b)10% or more	Toxic	oral, inhalation
10.	1,1,1-trichloroethane	5% or more	Harmful	oral, inhalation

10. Flame-Projection Test

Technical amendments are required to Schedule 1 "Test for Determining the Flashback and the Length of the Flame Projection of a Flammable Product Enclosed in a Spray Container":

• There is an inconsistency between the text and Figures 1 and 2 of the testing apparatus. The height of the internal open space should be 45 cm, as indicated in the figures. (Section 2)
• The number of sprays required for pump-spray containers is excessive and time-consuming. For example, it is possible that a test container would need 1200 sprays (not including priming and trial discharges to adjust the flame). As a result, it is conceivable that the product could be used-up before the test is completed. Without compromising the integrity of the test results, the number of sprays per discharge from a pump-spray container can be reduced from 10 to 3, and the number of discharges can be reduced to that required for pressurized containers. This would reduce the total possible number of sprays from 1200 to 108. (Sections 3 and 4)
• The need to shake the container prior to testing must be clarified. When shaking is called-for, the container should also be shaken between discharges. Hence, it is not necessary to wait 60 seconds between discharges, prior to re-shaking the container. (Sections 3 and 4)
• There is an inconsistency between the English and French term for force, where the French term is "forces" but the English term is "pressure". The English term should also be "force". (Sections 4 and 6)

• Proposed Text:
• Clause 2(a)(iv)(A) of Schedule 1 to the Regulations is replaced by the following:
• (A) has an internal open space of 35 cm wide by 45 cm high,
• Section 3 of Schedule 1 to the Regulations is replaced by the following:
• 3. (1) When there are instructions by the manufacturer respecting the shaking of the spray container, a test must be conducted as follows, using each of three spray containers of the same product and of the same size:
• a) if shaking is applicable, shake and discharge the container as described in paragraph 4(9)(a) three times; or
• 3. (1) When there are instructions by the manufacturer respecting the shaking of the spray container, a test must be conducted as follows, using each of three spray containers of the same product and of the same size:
• b) if shaking is not applicable, discharge the container three times as described in paragraph 4(9)(b).
• (2) When there are no instructions by the manufacturer respecting the shaking of the spray container, a test must be conducted as follows, using each of three spray containers of the same product and of the same size:
• (a) without shaking the container, discharge it three times as described in paragraph 4(9)(b); and
• (b) shake and discharge the container as described in paragraph 4(9)(a) a further three times.
• The portion of subparagraph 4(3)(b)(ii) of Schedule 1 to the English version of the Regulations before clause (A) is replaced by the following:
• (ii) in the case of a pump-spray container, activating the trigger or pump using each of 18 N, 36 N and 54 N of force for each possible nozzle position until
• Subsection 4(5) of Schedule 1 to the Regulations is replaced by the following:
• (5) Adjust the burner to give a flame height of 5 cm and release a single trial discharge from the spray container.
• Paragraph 4(9)(a) of Schedule 1 to the Regulations is amended by adding the word "and" at the end of subparagraph (ii) and by replacing subparagraphs (iii) and (iv) with the following:
• (iii) 15 seconds after the cessation of shaking, release the discharge in accordance with subsection (10); or
• Paragraph 4(10)(b) of Schedule 1 to the Regulations is replaced by the following:
• (b) in the case of a pump-spray container, for three sprays or until the cheesecloth ignites.
• (b) in the case of a pump-spray container, for three sprays or until the cheesecloth ignites.
• Subsection 4(11) of Schedule 1 to the English version of the Regulations is replaced by the following:
• (11) In the case of a pump-spray container, repeat the procedure set out in paragraph (10)(b) for each of 18 N, 36 N and 54 N of force for each possible nozzle position.
• Subparagraph 6(a)(ii) of Schedule 1 to the English version of the Regulations is replaced by the following:
• (ii) in the case of a pump-spray container, for each discharge at each nozzle position and each force applied;

11. Miscellaneous Clarifications

The CCCR-2001 is written in such a fashion as to be easily understood and followed by those who use it. It is for this reason that the following minor amendments to sections 15, 17, and 24 will be made.

• Proposed Text:
• Section 15 of the Regulations is amended by adding the following after subsection (1):
• (1.1) For the purpose of the application of paragraph (1) (b), the requirements set out in these Regulations for the display of information on a container apply to the display of information on the package of a container with reference to the size of the package.
• Paragraph 17(b) of the Regulations is replaced by the following:
• 17.(b) clear and legible and remain so throughout the useful life of the chemical product or, in the case of a refillable container, throughout its useful life, under normal conditions of transportation, storage, sale and use.
• Paragraph 24(1)(c) of the Regulations is replaced by the following:
• (c) the negative and positive instructions; and