SNAc Rules for 2-furancarboxylic Acid

Summary#

Order 2022-87-05-01 Amending the Domestic Substances List (SOR/2022-179) adds the chemical 2-furancarboxylic acid (CAS RN 88-14-2) to Canada’s Domestic Substances List. It keeps special reporting rules for certain new uses and imports, with a phased set of thresholds that change on June 18, 2023. The Order was registered July 19, 2022 and published August 3, 2022.

What it does#

• Adds 2-furancarboxylic acid to Part 2 of the Domestic Substances List and keeps Significant New Activity (SNAc) reporting requirements for certain uses.
• Sets a temporary threshold from the day the Order came into force until June 17, 2023:
  • Using more than 1 000 kg in manufacturing of a consumer product or a cosmetic when the substance is at or above 0.1% by weight triggers the SNAc rule.
  • Importing more than 1 000 kg in such products at or above 0.1% by weight also triggers the SNAc rule.
• From June 18, 2023 onward:
  • Any use in the manufacture of those consumer products or cosmetics at or above 0.1% by weight is treated as a SNAc.
  • Importing the substance in those products at or above 0.1% by weight in quantities greater than 10 kg per calendar year triggers the SNAc rule (note: the period Jan 1, 2023 to June 17, 2023 is excluded from that “calendar year” calculation).
• People proposing a SNAc must give the Minister detailed information at least 90 days before starting the activity. This includes toxicity and exposure studies (for example, an OECD Test No. 422 study and certain genetic and dermal absorption tests) and other data listed in the Order.
• Some activities are excluded from SNAc reporting, for example:
  • Research and development uses and site-limited intermediates.
  • Uses intended only for export.
  • Uses already regulated under certain federal acts (like the Pest Control Products Act).

Who's affected#

• Manufacturers, importers and formulators of consumer products and cosmetics that might contain 2-furancarboxylic acid at 0.1% or more by weight.
• Companies planning new or larger-scale uses or imports of this chemical after June 18, 2023.
• Small quantities, certain research uses, export-only products, and uses already regulated under other federal laws are generally not affected.
• It is unclear from the Order how many existing products already contain this chemical at or above 0.1%, so some businesses may need to check product compositions to know whether the rule applies.

Why it matters#

• Health concern: federal departments identified possible systemic and reproductive toxicity risks if this chemical is used in new ways in consumer products or cosmetics. Keeping SNAc rules means those new activities must be reviewed before they start.
• For businesses: the chemical is now on the Domestic Substances List, so it is no longer treated as a “new substance” for general notification rules. That can make ongoing access easier. But anyone planning significant new uses or imports must still notify and supply data (including animal and lab tests) well in advance.
• For consumers: the rule is intended to make sure potentially risky new uses of this chemical are assessed before they appear in consumer goods or cosmetics.