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China Ministry of Ecology and Environment releases draft Chemicals Law

A new draft law, the “Regulation on the Evaluation and Control of Chemical Substances,” has been released for public consultation by the Ministry of Ecology and Environment (MEE). The public consultation ends on 20 February 2019. If implemented, this law would significantly change how new and existing substances are currently managed.

The regulation would focus on registration of new substances prior to import/manufacture and evaluating high-risk substances, in a similar way to the Toxic Substance Control Act in the US and the Chemical Substance Control Law in Japan.

The main points of the draft law are summarised below:

  • The Inventory of Existing Chemical Substances in China (IECSC) will be updated with substances on the market before implementation of MEP Order 7 and those notified under the current new chemicals regulation. It will also be updated more dynamically.
  • Annual reporting will be a requirement for manufacturers, downstream users and importers
  • The MEE will screen and prioritise a list of substances subject to priority evaluation.

Companies manufacturing, using or importing these substances will need to provide data on physico-chemical properties, toxicology and eco-toxicity data, environmental release data and local environmental conditions.

  • The MEE will also publish inventories of priority control substances, restricted substances and prohibited substances, including substances listed under international conventions.
  • Some substances currently subject to the Simplified Notification (Special Condition) notification, such as polymers of low concern, polymers containing less than 2% w/w new substances <1 tonne/year, and product and process oriented research and development (PPORD) will no longer require notification but instead companies must fulfil record-keeping obligations
  • New substances <100kg/year for Research and Development will be exempt from notification
  • Administrative fees will be introduced for new substance notification
  • Persistent, bio-accumulative and toxic (PBT) substances will not be approved; and
  • Increased penalties for not complying with new substance notification (the increase is from RMB 30,000 ($4,400) to RMB 1 million ($147,800).

Draft Regulations of the Evaluation and Control of Chemical Substances.

Yordas Group can support you at every stage towards successful notification in Asia Pacific, from providing up-to-date information and identifying your regulatory obligations, to substance characterisation, commissioning of testing, risk assessment and submission of notifications. We provide in-country representation through our network of local partners. For more information on how these latest regulatory updates may affect your business, call our expert team on +44 (0)1524 510278 or email info@yordasgroup.com.