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Environmental and Workplace Health

ARCHIVED - Frequently Asked Questions (FAQs) about the In-Commerce List

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Below are some Frequently Asked Questions (FAQs) about the In-Commerce List (ICL).

Questions

  1. What is the current In-Commerce List?
  2. What is the revised In-Commerce List?
  3. What is meant by "In Canadian Commerce"?
  4. Do I need to nominate a substance if it appears on the Domestic Substances List?
  5. Where can I find the Domestic Substances List?
  6. Do I need to nominate a substance if it is already listed on one of the current In-Commerce Sub-lists?
  7. Can I nominate a substance if it has been notified under the New Substances Notification Regulations for Food and Drugs Act use?
  8. What are the eligibility criteria for nomination to the revised In-Commerce List?
  9. Who can nominate to the revised In-Commerce List?
  10. How do I know if the substance being nominated requires Proof of In-Commerce?
  11. What substances should not be nominated to the Revised In-Commerce List?
  12. What substances are ineligible for nomination to the Revised In-Commerce List?
  13. Can a substance be nominated to the revised In-Commerce List after the end of Nomination period?
  14. Who do I contact with regard to questions on the nomination process?
  15. Where do I submit the nomination package?
  16. Will the nominator be notified whether the substance is accepted or rejected to the revised In-Commerce List?
  17. What do I do if the nominated substance is not listed on the revised In-Commerce List after the completion of the 90 day correction and review period?
  18. Where will the revised In-Commerce List be posted?
  19. Where can I get updates on Nomination Process?
  20. What if a substance also has a non-Food and Drugs Act use, such as a substance used in paints?
  21. Where can the list entitled "Substances in Food and Drugs Act products that were in commerce between 1984 and 1986 and are eligible for addition to the Domestic Substances List (DSL)" be found?
  22. What is the significance of a substance appearing on the list "Substances in Food and Drugs Act products that were in commerce between 1984 and 1986 and are they eligible for addition to the Domestic Substances List (DSL)"?
  23. How can I claim confidentiality for a substance?

1. Q: What is the current In-Commerce List?

The current In-Commerce List is a list of substances in products regulated under the Next link will take you to another Web site Food and Drugs Act (including pharmaceuticals, veterinary drugs, biologics and genetic therapies, cosmetics, medical devices, novel foods and food additives) that were in Canadian commerce between 1 January 1987 and 13 September 2001. This list was complied from Health Canada records in 2001 and additions thereafter.

The current In-Commerce List is comprised of approximately 9,000 substances on four separate sub lists:

2. Q: What is the revised In-Commerce List?

The revised In-Commerce List is comprised of:

  1. substances from the ICL whose identity has been verified by Health Canada prior to the nomination process; and
  2. Substances accepted for addition to the revised ICL during the voluntary nomination process for which the verification of substance identity and eligibility criteria have been completed.

3. Q: What is meant by "In Canadian Commerce"?

A substance was in Canadian commerce, if between 1 January 1987 and 13 September 2001

  1. The substance was manufactured in or imported into Canada by any person for a use that is regulated under the Food and Drugs Act; or
  2. The substance was sold or used for commercial purposes in Canada for a use that is regulated under the Food and Drugs Act.

4. Q: Do I need to nominate a substance if it appears on the Domestic Substances List?

Substances that appear on the Domestic Substances List need not be nominated.

5. Q: Where can I find the Domestic Substances List?

Environment Canada administers the DSL. As such it can be found at the following location: Next link will take you to another Web site Domestic Substances List.

6. Q: Do I need to nominate a substance if it is already listed on one of the current In-Commerce Sub-lists?

Yes. You need to nominate a substance if it appears on the current In-Commerce List. However, a substance that appears on the revised In-Commerce List as published on the Health Canada website need not be nominated.

7. Q: Can I nominate a substance if it has been notified under the New Substances Notification Regulations for Food and Drugs Act use?

Yes, provided the substance meets all eligibility criteria.

8. Q: What are the eligibility criteria for nomination to the revised In-Commerce List?

There are two criteria that a substance must meet to be eligible for nomination to the revised In-Commerce List. The substance must be present in a product

  1. regulated under the Food and Drugs Act; and
  2. that was in Canadian commerce between 1 January 1987 and 13 September 2001.

Health Canada will accept nominations for substances present in products regulated under Food and Drugs Act regulations that had been submitted to Health Canada for market authorization prior to or on 13 September 2001. However, the nominator is required to provide suitable documentation that demonstrates that their submission was, in fact, submitted prior to or on 13 September 2001 and that the product was authorized for sale.

9. Q: Who can nominate to the revised In-Commerce List?

Any person in Canada involved with the manufacture, import, distribution or use of an eligible substance may submit a nomination for a substance to the revised In-Commerce List. Foreign suppliers who export into Canada are also eligible to make nominations. However, these nominations must be made through a person who is a resident of Canada and who is authorized to act on behalf of the foreign manufacturer or supplier.

10. Q: How do I know if the substance being nominated requires Proof of In-Commerce?

If a substance is on the current In-Commerce List, as posted on Health Canada's web site, Proof of In-Commerce is not required for nomination. However, if the substance is not on the current In-Commerce List, Proof of In-Commerce between January 1, 1987 and September 13, 2001 will be required for nomination.

11. Q: What substances should not be nominated to the Revised In-Commerce List?

  • Impurities;
  • Polymers subject to 2% rule;
  • Naturally occurring substances;
  • Foods;
  • Novel foods; and
  • Substances for which nominations will be managed by Health Canada (food additives).

12. Q: What substances are ineligible for nomination to the Revised In-Commerce List?

  • Substances in food packaging;
  • Substances carried through Canada;
  • Transient reaction intermediates;
  • Incidental reaction products;
  • Mixtures;
  • Manufactured items; and
  • Wastes.

13. Q: Can a substance be nominated to the revised In-Commerce List after the end of Nomination period?

While the formal nomination process was completed in February 2012, the revised In-Commerce List will remain open for additions to this list.

14. Q: Who do I contact with regard to questions on the nomination process?

All questions should be directed to:

  • In Commerce Substances Unit
    Health Canada
    99 Metcalfe Street, 11th Floor, PL 4111A
    Ottawa, Ontario, Canada
    K1A 0K9
  • Telephone: 1-877-216-1904 or 613-960-7366
  • Facsimile: 1-613-946-6474
  • E-mail: ICSU-USC@hc-sc.gc.ca

You may also find more information on the In-Commerce List website.

15. Q: Where do I submit the nomination package?

You should submit the nomination package by sending a hard copy to the following address:

  • In Commerce Substances Unit
    Health Canada
    99 Metcalfe Street, 11th Floor, PL 4111A
    Ottawa, Ontario, Canada
    K1A 0K9

16. Q: Will the nominator be notified whether the substance is accepted or rejected to the revised In-Commerce List?

Yes. The nominator will be informed in writing when a decision has been made. A copy of this decision will also be sent to the principal Canadian contact.

17. Q: What do I do if the nominated substance is not listed on the revised In-Commerce List after the completion of the 90 day correction and review period?

Advise the In Commerce Substances Unit that your substance is not listed. The In Commerce Substances Unit can be reached at:

  • In Commerce Substances Unit
    Health Canada
    99 Metcalfe Street, 11th Floor, PL 4111A
    Ottawa, Ontario, Canada
    K1A 0K9
  • Telephone: 1-877-216-1904 or 613-960-7366
  • Facsimile: 1-613-946-6474
  • E-mail: ICSU-USC@hc-sc.gc.ca

18. Q: Where is the revised In-Commerce List posted?

The revised In-Commerce List will be published on the Health Canada web site for a 90-day comment and review period. After the close of the comment and review period, the revised In-Commerce List will again be published on the Health Canada website.

19. Q: Where can I get updates on the Nomination Process?

You can register using the subscribers' option on the In-Commerce List web site to receive information updates.

20. Q: What if a substance also has a non-Food and Drugs Act use, such as a substance used in paints?

If a substance also has a non-Food and Drugs Act use, then the non-Food and Drugs Act use is subject to notification under the Next link will take you to another Web site New Substances Notification Regulations (NSNR) of the Next link will take you to another Web site Canadian Environmental Protection Act, 1999 (CEPA 1999).

21. Q: Where can the list entitled, "Substances in F&DA products that were in commerce between 1984 and 1986 and are eligible for addition to the Domestic Substances List (DSL)" be found?

The list of "Substances in F&DA products that were in commerce between 1984 and 1986 and are eligible for addition to the Domestic Substances List (DSL)" can be found on this website.

22. Q: What is the significance of a substance appearing on the list "Substances in F&DA products that were in commerce between 1984 and 1986 and are they eligible for addition to the Domestic Substances List (DSL)?

Substances on the 1984-86 DSL-eligible list are eligible for nomination to the Domestic Substances List. To nominate a substance to the DSL, you must contact the Substances Management Information Line at Environment Canada (substances@ec.gc.ca). You must have proof that the substance was in commerce in Canada between 1984 and 1986. Alternatively, substances on this list may be nominated to the revised ICL without additional proof of in commerce.

23. Q. How can I request confidentiality for a substance?

Requests for confidentiality will be examined on a case-by-case basis. Please contact the In Commerce Substances Unit, if you wish to request confidentiality for information submitted in support of your nomination.