Notification Requirement for Calcium 2-ethylhexanoate

Summary#

This order adds the substance **calcium 2-ethylhexanoate (hexanoic acid, 2-ethyl-, calcium salt; CAS RN 136-51-6) to the Domestic Substances List so that the government must be notified before certain new uses proceed. In practice, companies that want to start importing, making or using the substance in some consumer products or cosmetics at higher concentrations now need to give the government advance notice.

What it does#

• Moves 136-51-6 from Part 1 to Part 2 of the Domestic Substances List, which triggers the Significant New Activity (SNAc) regime for this substance.
• Requires a Significant New Activity Notification (SNAN) to the Minister at least 90 days before starting any covered new activity.
• Triggers notification when the substance is present in a product at or above 0.1% by weight in:
  • a consumer product covered by the Canada Consumer Product Safety Act, except for stains or paints/surface coatings where concentrations between 0.1% and 0.5% by weight are excluded; and
  • a cosmetic as defined in the Food and Drugs Act.
• Requires notification for import of more than 10 kg in a calendar year of such products when the substance concentration is at least 0.1% by weight.
• Exempts uses as research-and-development, site-limited intermediates, or products intended only for export.
• Specifies the kinds of information a SNAN must include (e.g., description of the activity, anticipated annual quantity, product details and exposure information). The government will assess submitted information within 90 days of receiving it.

Who's affected#

• Companies that want to manufacture, import or introduce new uses of calcium 2-ethylhexanoate (CAS RN 136-51-6) in Canada for:
  • consumer products covered by the Canada Consumer Product Safety Act, and
  • cosmetics under the Food and Drugs Act, when the substance is at or above the specified concentrations.
• Importers who bring in more than 10 kg per year of such products containing the substance at 0.1% by weight or more.
• Manufacturers and formulators of paints and stains should note the limited exceptions (concentrations up to 0.5% in some paints and stains are excluded).
• The order does not change requirements for current uses that are already taking place and were assessed as low risk.

Why it matters#

• This creates an early-warning step. Companies must tell the government before starting higher‑exposure uses. That gives health and environment officials time to assess risk and, if needed, set limits or controls.
• It is meant to prevent increases in public or environmental exposure to a substance that screening work found has “properties of concern” if use were to increase.
• For most users and businesses with existing, low-risk uses, there is no new cost or change now. But businesses planning new formulations, imports or product lines that include the substance at the listed levels should plan for a notification and possible testing or information costs.