On 16th January 2019, the long awaited Toxic Chemical Substance Control Act (TCSCA) revision was promulgated. The Act was revised in response to several chemical accidents in recent years and several implementing regulations will also be changed in the coming months. According to the revision, Article 7, 54, 65, 67, 72 will be enacted immediately while other articles in the regulation will be enacted at the end of 2019. There are several key changes:
- Name: The Act’s name has changed to the “Toxic and Chemical Substances of Concern Control Act”.
- Chemical substances of concern: Chemical substances of concern are a new category of substances which may cause environmental pollution and health risks. An inventory of chemical substances of concern has not yet been published.
- Accident Prevention: There are stricter requirements on accident prevention and response. For example, companies handling hazardous chemicals are required to propose accident precautions and are required to report the accident to the local competent authority within 30 minutes of an accident occuring.
- National Chemical Management Board: The Executive Yuan Chairman will be responsible for the cross-departmental cooperation and manage National Chemical Management Board.
- Toxic and Chemical Management Fund: a fund will be established by EPA (by imposing fees on the use of certain chemical substances) to finance chemical accident management and disaster response.
- Ban on illegal trade: Online sales of toxic chemical and chemical substances of concern are banned and penalties (NT$60,000 to NT$300,000) will be imposed on anyone found violating the regulation.
- Confiscation of illegal gains: Illegal gains and fines will be applied to entities who violate the regulation and reporting of illegal behaviours will be rewarded.
View the latest TCSCA revision