Reference Manual for the WHMIS Requirements of the Hazardous Products Act and Controlled Products Regulations

CPR Section 16 - Laboratory Samples

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Laboratory Samples

16. Where a supplier has not obtained or prepared a material safety data sheet in respect of a controlled product, the sale or importation of a laboratory sample of the controlled product is exempt from the application of paragraph 13(b) or 14(b) of the Act if the laboratory sample is packaged in a container that

1. contains a quantity of less than 10 kilograms of the controlled product; and
2. has a label applied to it that discloses, in respect of the controlled product, the following information:
   
   1. lthe product identifier,
   2. the chemical identity or generic chemical identity of any ingredient of the controlled product referred to in any of subparagraphs 13(a)(i) to (iv) of the Act, if known by the supplier,
   3. the supplier identifier,
   4. the statement "Hazardous Laboratory Sample. For hazard information or in an emergency, call (number disclosed under subparagraph (v))/Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d'urgence, composer (le numéro divulgué en vertu du sous-alinéa (v))", and
   5. an emergency telephone number of the supplier that will enable
      
      1. a user of the controlled product to obtain hazard information in respect of the controlled product, and
      2. a physician or nurse to obtain any information in respect of the controlled product that is referred to in paragraph 13(a) of the Act and is in the possession of the supplier for the purpose of making a medical diagnosis of, or rendering treatment to, a person in an emergency.

Interpretation / Discussion of Section 16

There may be cases where the information required on WHMIS labels is not available. The exemption in this section allows these samples to be distributed with WHMIS labels that disclose less information than is normally required.

The term "distribute", which is used in the definition of "sell" (see section 2 of the HPA), does not include internal distribution within an organization but does include transfer between independent organizations or companies. Where a laboratory sample is distributed within an organization, OSH requirements must be adhered to. Where independent organizations are involved, the laboratory sample, if it is a controlled product, must meet the requirements of Section 16 of the CPR. Samples which are shipped to an outside laboratory for testing have to be labelled in accordance with Section 16 of the CPR as this is considered distribution; {ref.: PIS No.14}.

For a supplier to take advantage of this exemption, the sample must meet three criteria. First, the product must meet the definition of a laboratory sample in subsection 2(1) of the CPR; second, the sample must be less than ten kilograms; and, third, the product must not have previously had an MSDS prepared for it.

Samples that meet these three criteria must have on their labels the information prescribed in subparagraphs 16(b)(i), (iii), (iv), (v) and, if available to the supplier, the information prescribed in subparagraph 16(b)(ii).

Samples of a product that are being distributed for marketing purposes do not qualify for this exemption.

Many laboratory samples will not have to meet labelling requirements because they will either not meet the criteria set out in Section 33 of the CPR or they fall within the exemptions set out in Section 4 of the CPR:

as many products are routinely sampled and analyzed, the supplier can rely on previous test results on similar samples as per Section 33(1) of the CPR;

section 33(2) of the CPR for determining Class D products makes reference to "information of which the supplier is aware or ought reasonably to be aware";

air samples taken by OSH inspectors will normally be exempt on the basis of the concentration cut-off stated in Section 4 of the CPR; {ref.: PIS No.15}.

Therefore, although not specifically required by the regulations, suppliers intending to use this exemption should state on the labels and MSDSs words such as "Research and development sample. For laboratory use only. Échantillon pour recherche et développement. Pour utilisation dans un laboratoire seulement."; {ref.: PIS No.4}. Refer also to the discussion under section 9.

Labelling of infectious agents: Health Canada has prepared MSDSs for several common potentially infectious agents which can provide a source of information for labelling. These MSDSs can be accessed from the "Publications" page of the WHMIS web site.

Labelling of diagnostic specimens: The HPA applies to the sale and importation of a controlled product. Internal distribution of a substance, such as from one hospital to another, both of which operate under the auspices of a given Ministry of Health, is outside of the scope of the HPA/CPR. As for other employer generated substances which are not sold in Canada, enquiries relating to an employer's obligations regarding labelling and other information requirements for diagnostic specimens should be directed to the occupational safety and health agency having jurisdiction.

Subparagraph 16(b)(ii):

The chemical identity of a very complex high molecular weight organic molecule could be described as a "substituted ethylene" if there was a double bond somewhere in the molecule. In such a case, however, "substituted ethylene" would not be considered to meet the intent that "a generic name as precise as reasonably possible..." be disclosed. The quoted sentence is from the Report of the (WHMIS) Steering Committee and reflects the original consensus on this issue. WHMIS stakeholders subsequently agreed that the above-quoted phrase be used as a guideline by the Hazardous Materials Information Review Commission as well as inspectors in the interpretation of both section 16 of the HPA and subparagraph 16(b)(ii) of the CPR; {ref.: PIS No.3}.