Proposal for legislative action on 2-(2-methoxyethoxy) ethanol (DEGME) under the Canada Consumer Product Safety Act

This content was archived on June 24, 2013.

The purpose of this consultation is to solicit comments regarding a proposal to use the Canada Consumer Product Safety Act (CCPSA) to restrict the concentration of DEGME in surface coating materials to a maximum concentration of 10,000 mg/kg (or 1.0 % by mass).

Background

Health Canada's Consumer Product Safety Directorate (CPSD) is responsible for the administration and enforcement of the CCPSA and its regulations. The purpose of the CCPSA is to protect the public by addressing or preventing dangers to human health or safety that are posed by consumer products in Canada, including those that circulate within Canada and those that are imported. This may be accomplished by restricting the manufacture, import, advertisement and sale of consumer products that are, or are likely to be, a danger to the health and safety of the public. Surface coating materials are defined under this legislation as paints or other similar materials that dry to a solid film when a layer is applied to a surface. It does not include a material that becomes part of the substrate.

Under the Government of Canada's  Chemicals Management Plan, which was announced in December 2006, DEGME was identified as a high priority substance for assessment as it was considered:

• to pose a great potential for exposure to individuals in Canada, and
• had been classified by the European Commission on the basis of developmental toxicity.

DEGME is an industrial chemical that is principally used as an additive in jet fuel for de-icing and as a solvent in paints. Its use in jet fuel is not considered a health concern, however, the Government of Canada  screening assessment report (SAR) published in March 2009 concluded DEGME may pose a danger to human life or health due to developmental toxicity concerns as a result of dermal exposure to some consumer products including paints, paint removers, sealants/caulking and floor care products.

The Government of Canada  Risk Management Approach (RMA), published at the same time, indicated the Government's intention to investigate whether regulatory action under the Hazardous Products Act (HPA) would be required to limit the concentration of DEGME in the specified products. The CCPSA received Royal Assent on December 15, 2010, and came into force on June 20, 2011. The CCPSA has replaced Part I of the HPA, therefore, any action taken by Health Canada will be taken under the authority of the new legislation.

As an initial step to further characterize the exposure potential to consumers and to gain a better understanding on the use of DEGME in the Canadian market, Health Canada's Product Safety Laboratory (PSL) conducted testing for DEGME in 30 products which included those that were identified in the SAR as containing the substance. The result showed 3 surface coating material products (a sealant, a varnish and a paint) contained DEGME in concentrations between 71 and 310 mg/kg. These concentrations are high enough to raise concern that exposure to DEGME in certain consumer products could present a source of potential harm to the developing fetus.

As a result of this testing and concerns regarding developmental toxicity, measures under the CCPSA are being considered that would restrict the use of DEGME in surface coating products.

Proposal

Health Canada is proposing to introduce a regulatory limit such that the concentration of DEGME in surface coating materials must not exceed 10,000 mg/kg (or 1.0% by mass). This measure would place a restriction on the manufacture, import, advertisement and sale of surface coating materials under the CCPSA and would be considered adequately protective with regard to the health of the unborn fetus.

How to Get Involved

This consultation is open for comment starting August 17, 2011 until October 15, 2011 (60 calendar days). You will be able to submit your comments, suggestions and evidence to support your comments via email, by fax or in writing to:

• cps-spc@hc-sc.gc.ca
• DEGME Consultation
  Risk Management Strategies Division
  Consumer Product Safety Bureau
  MacDonald Building
  123 Slater Street, A.L. 3504D
  Ottawa, ON, K1A 0K9
• Fax: 613-952-9138 (Attention: DEGME Consultation)

Interested parties are encouraged to provide comments and suggestions by October 15, 2011.

Additional Information

•  Canada Consumer Product Safety Act
•  Chemicals Management Plan

Please Note:

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Reporting to Canadians

If you have any questions, contact us at cps-spc@hc-sc.gc.ca.