N‑hydroxy‑octanamide import and use conditions

Summary#

Ministerial Condition No. 21985 (under the Canadian Environmental Protection Act, 1999) allows one notifier to manufacture or import the chemical octanamide, N-hydroxy- (7377-03-9), but only under specific limits and record-keeping rules. The conditions took effect on November 13, 2024.

What it does#

• Allows the named notifier (the person who gave information to the government on September 19, 2024) to make or bring the substance into Canada.
• Stops the notifier from using the substance to make a cosmetic or from importing it when it is contained in a cosmetic (as defined in the Food and Drugs Act).
• Requires the notifier to transfer the material only to people who agree to follow the cosmetic ban.
• Before any transfer, the notifier must:
  • tell the recipient in writing about these conditions, and
  • get written confirmation that the recipient was informed and agrees not to use the substance to make cosmetics.
• Requires the notifier to keep written or electronic records showing:
  • how the substance is used,
  • quantities manufactured, imported, bought, distributed, sold and used,
  • names and addresses of everyone who receives it, and
  • the written confirmations from recipients.
• Records rules include:
  • create records no later than 30 days after the information becomes available,
  • update recipient address changes within 30 days of learning about them,
  • keep records at the notifier’s principal place of business in Canada for at least 5 years, and
  • ensure electronic records remain readable.

Who's affected#

• Primarily the notifier (the person who filed the information on September 19, 2024).
• Any company or person the notifier intends to supply the substance to.
• Manufacturers and importers who might otherwise use the chemical in cosmetics — they are explicitly blocked from doing so.
• It is unclear from the notice how many other businesses use this chemical or how widely it is traded; the conditions apply specifically to the named notifier and their downstream recipients.

Why it matters#

• The government suspects the substance could be or become toxic, so these rules let it be used under controlled conditions rather than banned outright.
• The cosmetic ban protects consumers from potential exposure through personal-care products.
• The transfer and record-keeping requirements create a paper trail. That makes it easier for regulators to track who handled the chemical and how it was used.