Import conditions for CAS 97862-59-4

Summary#

Two ministerial conditions (numbers 20502 and 20551) under the Canadian Environmental Protection Act, 1999 let a notifier manufacture or import a specific surfactant-like chemical (CAS 97862-59-4) but only under strict limits and handling rules. The conditions came into force on December 22, 2020 and were issued because the ministers suspect the substance could be harmful.

What it does#

• Allows the notifier who provided information to the government on August 6, 2020 (condition 20502) or September 23, 2020 (condition 20551) to manufacture or import the substance, but only if the conditions below are met.
• Limits on impurities:
  • the impurity 1,3-propanediamine, N,N-dimethyl- (CAS 109-55-7) must be under 0.01% by weight.
  • fatty acid amidopropyl dimethylamine (amidoamine) impurities must be ≤ 1.5% by weight.
• Handling and disposal rules:
  • the substance and any waste must not be released to the environment.
  • waste must be collected and either incinerated or disposed of in an engineered hazardous waste landfill, following local laws.
  • if any release happens, the notifier must act immediately to stop further release and must inform an enforcement officer.
• Transfer and notification rules:
  • before giving the substance or waste to another person, the notifier must inform them in writing of the ministerial conditions and get written confirmation that they will follow the key rules on containment and notification.
  • exceptions apply if the substance is contained in a product regulated under the Canada Consumer Product Safety Act, the Food and Drugs Act, or the Natural Health Products Regulations.
• Record-keeping:
  • the notifier must keep records showing uses, impurity measurements, quantities made/imported/sold/used, who received it, how waste was disposed of, and the written confirmations.
  • records must be kept at the notifier’s principal place of business in Canada for at least five years.

Who's affected#

• The primary parties affected are the unnamed notifier(s) who provided the required information to the government on the dates listed above. The public notices do not name the notifier(s).
• Any company or person who would receive the substance or its waste from the notifier. They must be told about the conditions and agree in writing to follow them (except where the substance is inside products covered by the consumer, drug, or natural health product laws noted above).
• Hazardous-waste handlers, incinerators and engineered hazardous waste landfills that may be asked to accept the waste.
• The general public or consumers are unlikely to be directly affected by these conditions, since they apply to the notifier and controlled transfers rather than to retail products.

Why it matters#

• These conditions let a firm make or bring the substance into Canada, but only with limits meant to reduce human health and environmental risk.
• The impurity caps and the “no release” rule aim to reduce the chance that harmful components get into air, water or soil.
• The rules force tracking of who handles the chemical and how waste is disposed of, which helps regulators spot problems and manage risk.
• Because the notices bind the notifier (and those they transfer to), the measures mainly affect industry practices and waste management rather than consumer behaviour.