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Reference Manual for the WHMIS Requirements of the Hazardous Products Act and Controlled Products Regulations
CPR Section 6 - Controlled Products With Same Product Identifier
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Controlled Products With Same Product Identifier
6. The sale or importation of a controlled product is exempt from the application of paragraph 13(a) or 14(a) of the Act in respect of the requirement to transmit, obtain or prepare a material safety data sheet for the controlled product if
- the controlled product is part of a shipment of controlled products that have the same product identifier and a material safety data sheet is transmitted with the shipment or is obtained or prepared for one of the controlled products; or
- the supplier has transmitted to the person to whom the controlled product is sold or the supplier who imports
the controlled product has in his possession a material safety data sheet for a controlled product that has
the same product identifier and the material safety data sheet
- discloses information that is current at the time of the sale or importation, and
- was prepared and dated not more than three years before the date of the sale or importation.
- discloses information that is current at the time of the sale or importation, and
Interpretation / Discussion of Section 6
Section 6 of the CPR provides a MSDS exemption in respect of controlled products having "the same product identifier".
Kits, MSDSs for - a single MSDS will be acceptable for a kit subject to the following conditions:
- the MSDS must disclose the product identifier of every individually packaged controlled product within the kit;
- the MSDS must clearly disclose which ingredients (subject to disclosure under section 13 of the HPA) are contained in which individually packaged controlled product within the kit;
- the MSDS must disclose all information required by the CPR for every individually packaged controlled product within the kit and clearly indicate to which individually packaged controlled product the information pertains; and
- when new hazards can result from the intermixing of the contents of the individually packaged products in the kit, this information should be disclosed on the MSDS {ref.: PIS No. 32}.
if a supplier decides to provide an MSDS for each individually packaged controlled product in the kit, information on new hazards that can result from the intermixing of the contents of the individually packaged products in the kit should be disclosed on each relevant MSDS.
Paragraph 6(a):
For a shipment of identical controlled products, by virtue of paragraph 6(a), the supplier is permitted to transmit (in the case of sale) or obtain or prepare (in the case of importation) a single MSDS for the whole shipment.
Paragraph 6(b):
If an "adequate" MSDS for a controlled product has already been sent to a customer prior to the date of sale, a supplier is not required to furnish MSDSs with subsequent shipments of the same product to that customer.
In addition, where the importer already has an adequate MSDS, an additional MSDS does not have to be obtained or prepared for subsequent importations of the same product by that importer.
An "adequate" MSDS, in this context, means a MSDS which bears information that is current when the product is sold or imported and was prepared and dated no more than 3 years (3 X 365 days) prior to the date on which the product is being sold or imported.
