Octanamide limits and benzene consultation

Summary#

On February 24, 2024, the Canada Gazette published several Environment-related notices. They: allow one company to make or import a specific chemical under strict limits (Ministerial Condition No. 20655 for octanamide, N-hydroxy-, CAS 7377-03-9); formally issue a new Code of Practice for the Environmentally Sound Management of Chemical Substances in the Chemicals, Plastics and Rubber Sectors; and announce plans to begin consultations in 2024 on a risk management strategy to reduce benzene emissions from gasoline stations under the Canadian Environmental Protection Act, 1999.

What it does#

• Ministerial Condition No. 20655 for octanamide, N-hydroxy- (CAS 7377-03-9)

  • Allows the notifier to manufacture or import the substance only for specific cosmetic uses and only at set maximum concentrations:
    • rinse-off cosmetics for general use: 0.3% by weight or less;
    • rinse-off cosmetics for children under 14: 0.15% by weight or less;
    • face cream or lotion: 0.12% by weight or less;
    • eyebrow pencil, eyeliner, eye shadow: 0.2% by weight or less;
    • aerosol or pump hair spray: 0.075% by weight or less;
    • liquid or lotion makeup remover: 0.15% by weight or less.
  • Sets rules for who can receive the chemical, record-keeping, and written confirmations when the substance is transferred.
  • Came into force on February 13, 2024.

• Issuing the Code of Practice

  • The government is issuing the Code of Practice for the Environmentally Sound Management of Chemical Substances in the Chemicals, Plastics and Rubber Sectors to guide how those industries should manage chemicals responsibly.
  • The Code is available on the federal website and follows a public comment period held in 2023.

• Intent to consult on benzene from gasoline stations

  • The Minister of Health and the Minister of the Environment plan to start engagement on a risk management strategy (which could include new regulations under the Canadian Environmental Protection Act, 1999) to reduce benzene emissions at gasoline stations.
  • The move follows a science assessment that found long-term evaporative losses and short-term releases during tanker unloading may create unacceptable inhalation risks for people living near stations.
  • The government will engage provinces and territories, industry, Indigenous groups, NGOs and the public in 2024. Existing rules referenced include the Benzene in Gasoline Regulations and the Gasoline and Gasoline Blend Dispensing Flow Rate Regulations.

Who's affected#

• Cosmetic manufacturers, importers and formulators that use or plan to use octanamide, N-hydroxy- in products — especially makers of rinse-off products, face creams, eye cosmetics, hair sprays and makeup removers.
• Suppliers and distributors of that specific chemical (CAS 7377-03-9), since transfers come with written and record-keeping requirements.
• Companies in the chemicals, plastics and rubber sectors, who are expected to follow the newly issued Code of Practice.
• Gasoline station operators and fuel distribution businesses, because future rules on benzene could change how they handle, store and unload fuel.
• People living or working near gasoline stations, who the science assessment identified as potentially at higher risk from benzene exposure.
• Provincial and territorial governments and local authorities that manage or enforce environmental and public-health measures.

Why it matters#

• The ministerial condition puts clear, measurable limits on one chemical in consumer cosmetics. That directly affects product safety for users — including children — and limits how the chemical can enter the market.
• The Code of Practice gives industry clearer expectations about reducing pollution and managing chemical risks. That can reduce releases to the environment and improve worker and community safety.
• The benzene consultation could lead to new national measures that reduce harmful air emissions near gasoline stations. If rules are adopted, nearby residents could see lower exposure to a known carcinogen, and station operators may need to change equipment or procedures.
• Overall, these notices show the government using its environmental law tools to balance product availability, industry practices, and public health risk—particularly for chemicals and air contaminants that can affect communities.